Loading...
HomeMy WebLinkAboutItem #4 Academy Acres Div. 2/a 0�t\ CHUBBUCK I o A H o Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: June 20, 2022 Re: Final Plat for Academy Acres — Division 2 Applicant: Professional Services Group 5, LLC P.O. Box 2194 Pocatello, ID 83206 RMES 600 E. Oak St. Pocatello, ID 83201 Application: Academy Acres — Division 2, approximately 5.12 acres with 19 single family residential lots. Located in the NW'/4 of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, Idaho, generally located east of Philbin Road, north of Interstate 86, and west of Galena Ave. Existing Zoning: Limited Residential (R-2) Existing Land Use: Vacant Staff Report: The final plat for Academy Acres— Division 2 substantially conforms to the preliminary plat approved by the City Council on April 7, 2021. The final plat application has been reviewed by staff and appears to meet the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Public Works Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat • Staff Recommendation: o Recommend approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o Construction plans/drawings be approved by the Development Services Division. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Academy Acres — Division 2 1940�t_\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us laofk\ CHUBBUCK I D A H O CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A FINAL PLAT FOR ACADEMY ACRES — DIVISION 2, APPROXIMATELY S.12 ACRES LOCATED WEST OF ACADEMY ACRES DIVISION 1 AND EAST OF CONNOR ACADEMY FACTS REQUEST: The applicant proposes a 19 lot Final Plat for 19 single family residential building lots in the Academy Acres — Division 2 subdivision. It includes extending Alpine Ave. from Academy Acres Division 1 Subdivision on the east to Connor Academy on the west and constructing Nordic Dr. north to the property boundary. TYPE OF COUNCIL ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). A decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. OWNER: Group 5, LLC P.O. Box 2194 Pocatello, ID 83206 PROFESSIONAL SERVICES: RMES 600 E. Oak St. Pocatello, ID 83201 LOCATION: NW 1/4 of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of Interstate 86, west of Academy Acres Division 1 Subdivision. Generally located at Alpine Ave. between Galena Ave. and Philbin Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Agricultural, Vacant PROJECT SIZE: ±5.12 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2020: W. Chubbuck Rd at Galena Ave, 8983/day 2018: Philbin Rd at W. Chubbuck Rd, 5005/day 2018: Hawthorne Rd at Alpine Ave, 10889/day SURROUNDING LAND USES AND ZONING NORTH: Single family homes subdivision; Planned Unit development (PUD), Limited Residential (R-2) zone Final Plat Approval Form- FFCL EAST: Single family homes subdivision; Limited Residential (R-2) zone SOUTH: Single family homes subdivision/Interstate - 86; City of Pocatello Residential High Density (RH) zone WEST: School / Vacant; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Current access to site via Alpine Ave. to the east, Galena Ave. to the north, Alpine Ave. to the west. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department PROCEDURES: 1. In accordance with City Code 17.12.200 and Resolution 2020-03, a complete petition and fees for a final plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.200. 2. In accordance with City Code 17.12.130, a final plat application was filed in time to be reviewed in accordance with a preliminary plat which was approved on April 7, 2021. 3. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. 4. In accordance with City Code 17.12.220, the Community Services Director found that the final plat application met substantial conformity with the approved preliminary plat. 5. In accordance with City Code 17.12.230, the record was reviewed on July 6, 2022 by the City Council. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS lao�t-\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Final Plat Approval Form- FFCL Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Final Plat as found in city code section 17.12.100, the City Council finds the following: 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction plans/drawings be approved by the Development Services Division. b. An irrigation pump fee of $800.85 to be collected with all building permits in this Division. 2. The final plat proposal substantially conforms with the approved preliminary plat, meaning that the following are found: a. The number of lots have not increased nor has there been a significant change in the configuration of lots; b. The street alignment has not changed significantly; c. No additional streets are proposed; d. There has not been a significant change, of more than 10%, in the size or location of open space whether public or private; e. No other changes have occurred that have affected the reviewed and approved preliminary plat. ORDER: CONCLUSION AND DECISION: PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Final Plat as herein described, shall be APPROVED. 2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. Approval of the final plat is valid for a period of two (2) years. Approval of a final plat does not assure final acceptance of any dedications, continuation of any existing design and construction regulations, or continuation of any existing land use regulations governing the subject land or other properties in the area. If the final plat is not recorded and improvements and structures 194�0t\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Final Plat Approval Form- FFCL intended for dedication to the public are not begun within a one year period from the date of Council approval, the final plat and supporting documents shall be resubmitted to the City for a review of compliance to then existing applicable ordinances and regulations. 5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first request a reconsideration of this decision to the City Council in accordance with section 18.28.090 of city code. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of 194�0t\ CHUBBUCK 1 0 20 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ACADEMY ACRES - DIVISION 2 LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO SURYFrOR'S NARRAME 1. THE PURPOSE OF THIS SUBDIVISION PLAT IS TO CREATE THE LOTS AS SHOWN FOR RESIDENTIAL DEVELOPMENT. SEE RECORD OF SURVEY 2. THE NORTHERLY BOUNDARY LINES HAVE BEEN DETERMINED TO BE ALONG THE CENTER LINE OF REDMAN CANAL. THE EAST BOUNDARY LINE HAS BEEN SEICAA FOR FIRST BAPTIST DETERMINED TO FOLLOW ALONG ACADEMY ACRES - DIVISION 1 (RECORD INST. NO. XXXXXXXX). THE SOUTH BOUNDARY LINE HAS BEEN DETERMINED TO \ INST. NO. 22004506 CHURCH OF POCATELLO FOLLOW ALONG THE LATITUDINAL CENTERLINE OF SECTION 9. THE WESTERLY AND SOUTHWESTERLY BOUNDARY LINES HAVE BEEN DETERMINED TO \ INST. NO. 21903709 FOLLOW ALONG A PARCEL OF LAND BELONGING TO ACADEMY INC (RECORD DEED INST. NO. 21902772). \ \ 3. PUBLIC UTILITY EASEMENTS ALONG ALPINE AVENUE AND NORDIC DRIVE ARE 15.00 FEET WIDE. 70.00'35.00' \ \ SEICAA 4. 25.00' WIDE EASEMENT GRANTED TO SIMPLOT FOR INSTALLING AND MAINTAINING A PHOSPHATE SLURRY PIPELINE (RECORDED INST. NO. 90004303) g�Z \ \ INST. NO. 22004506 83' 5. FORT HALL IRRIGATION PROJECT HAS A 70.00' WIDE RIGHT-OF-WAY, 35.00' EACH SIDE OF THE CENTERLINE OF THE REDMAN LATERAL CANAL. NO TTT 35.00, S 7 $ 00s, osS \ MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES RIGHT-OF-WAY FOR THE REDMAN LATERAL CANAL WILL BE ALLOWED CN \ ♦ g� S1"� Ros3j \ WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. THE 35.00' WIDE RIGHT-OF-WAY WILL ALSO SERVE AS A DEDICATED z N \ 12`6�' \ EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS. 4 3 w \ \ o N >> ��- L-33.37' \ \ 6. WITNESS MONUMENTS FOR LOTS 5-16, BLOCK 2 AND LOTS 1-3, BLOCK 3 ARE SET ON THE LOT LINES & 35.00 FEET SOUTHWESTERLY FROM THE REDMAN 0 p 0,26 ACRES cro \ \ CANAL CENTERLINE. Q z 00 2 �•\ L=32.04 / L=33.27' \ Q � co 0.22 ACRES _32 z ai z M 1 ""�.. 66.00' \ o BLOCK 3 0,23 ACRES / � •� / ♦ C7 \ ZI-L3 L=70.01' - - - Z / rno J��^ • // 69`' \ \ PARK MEADOWS 0 5.34' _ / Q► i �.y ^^ /\ 24-6, Z07 -113TH ADDITION v o SEE NOTE 3 C3 • L�60•\ OGA, IN /� ory / \ 0'72 \ INST. NO. 21516022 0 Lu x}00 Lu U) n LL OUB Q N w O OT- z uj C/) O UJ u- w ti CD OS U N o Q O �o w z UCD ~ Cf) Q, z o h (700.34'- WD 1 ROS3) 9 700.34' m ` L r • foryl / 0.20 ACRES ^ \ ^ • OS' L OT2 L2 C2 24` O/rye • / ^v 15 ADM\ 20.97' ` \ LEGEND SECTION CORNER AS NOTED C �I 1/4 CORNER AS NOTED Q 1/16 CORNER AS NOTED FOUND 1/2" REBAR WITH PLASTIC CAP G STAMPED "PLS 12224" PER RECORD OF SURVEY INST. NO. 21802195 FOUND 5/8" REBAR WITH PLASTIC CAP STAMPED "PLS 15295" ❑ FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES PELS 2341" O FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" ❑ FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES PLS 18971" SET 1/2" BY 24" REBAR WITH PLASTIC • CAP STAMPED "RMES PLS 18971" (LOT CORNERS, AT END OF CURVES, AND WITNESS MONUMENTS) 0 SET 5/8" BY 24" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES LS 18971" 51 BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER LOT4 EXISTING SUBDIVISION LOT / BLOCK NO. BL OCK6 � 6 � - - � SUBDIVISION BOUNDARY LINE ♦ '� \ o '01 O, f8 ACRES �\ U. 00*1**. BL OCK3 GRAPH/C SCALE ♦ / L=8.84' r1,`b ^� 14 �h \ \LOTS 60 0 30 60 - `,`?2' O, f9 ACRES \ 6� 00to, \ • \ \• �� q \( IN FEET) - REFERENCEDOCUMENTS so Oo = SEE 13 ^�� \ o cq� \ L oro 1 inch = 60' - N OT E 3 o<n O, f9 ACRES \ ^ DISTANCE AND BEARING PER RECORD OF SURVEY FOR • \ \ `�'� c� , s '6>330�0' LOTS - ( ------- ROS1) GERALD MCNABB (RECORD INST. NO. 21802195) 6000 \ 12 �M \ 6 67o3s6>3S2o-� 0�>4 \ 04� O, 19 ACRES Op, DISTANCE AND BEARING PER RECORD OF SURVEY FOR *44b• \ \ �`b \•`\`�' F Qos j \ LOr7 PARK MEADOWS ------Rose) THE ACADEMY (RECORD INST. NO. 21500997) ` 60 p0\ \ ahryo.f9ACREs ��^ \ \ 6000609 LOT6 9' INST NO0ADDITION8 \ DISTANCE AND BEARING PER RECORD OF SURVEY FOR Al � • \ ( ROS3J FIRST BAPTIST CHURCH OF POCATELLO AND CONNER ACADEMY INC /sssy°O` 6000 \ = o� f0 ^"' \ 60� \ LOTS > v^• h O f9 ACRES \ 0 o -o ACADEMY (RECORD INST. NOS. 21903709 & 21903710) INST. NO. 21902772 °s�9F 3g�� \BLOCK 2 •�� o' 0 48�Q • 6 \ v �•, \ LOT4 �LO (-------PM13) DISTANCE AND BEARING PER PARK MEADOWS 13TH SEE RECORD OF SURVEY 6�o,48S 000'\ \ o 0.f9ACRES �� \ 6000 9LOCK2 ADDITION (RECORD INST. NO. 21516022) CONNER ACADEMY os, 6` \ �� \•�`�' \ LOTS INST. NO. 21903710**4b• 6p� \ \ 8 6 CO ( PM14) DISTANCE AND BEARING PER PARK MEADOWS 14TH ♦ 0' oh 0.f9ACRES \ OOp, \ MM ADDITION (RECORD IN(ZT. NO. 21601688) \ `�' \•moo Z z DISTANCE AND BEARING PER ACADEMY ACRES - DIVISION 1 (RECORD INST. NO. XXXXXXXX) (-------ACA) DISTANCE AND BEARING PER THE ACADEMY (RECORD INST. NO. 21500997) ------WD1) DISTANCE AND BEARING PER WARRANTY DEED FOR ACADEMY INC (RECORD INST. NO. 21902772) WEST 1/4 CORNER OF \ SECTION 9. FOUND CITY OF POCATELLO ALUMINUM CAP MONUMENT IN CITY VAULT AS DESCRIBED IN CP&F INST. NO. 20520366 (52573'-WDI -ROS3) 525.74' LINE TABLE # BEARING DISTANCE (REFERENCES) L1 N 61'05'39" W 26.56' (S 61T539"E 26.56'AA1) L2 N 89°44'22" W 4.73' (S89°4422"E 4.73'-WDI) L3 S 89°44'22" E 5.26' CURVE TABLE ARC CHORD CHORD # RADIUS p TANGENT LENGTH BEARING DISTANCE Cl 1540.00' 9°56'59" 267.43' 134.05' S 66°59'20" E 267.09' (ROSS) (1540.00) (9°5728) (26765) (134.16) (N67T7'07"W) (26731) (PM13) (1540.00) (0.33'17) (14.91) (746) (N61°46'58"W) (14.91) C2 500.00' 28°38'43" 249.98' 127.66' N 75°25'01" W 247.38' (WD 1) (500.00) (28°3843) (249.98) (-----) (S7525'01"E) (24738) C3 533.00' 22'05'14" 205.47' 104.03' N 78°41'45" W 204.20' C4 21.00' 83°55'57" 30.76' 18.89' N 70°22'53" E 28.09' C5 21.00' 89°30'33" 32.81' 20.82' S 16°20'22" E 29.57' • \\ 7 ♦ ohm O, 19 ACRES ^ \ 60 Q0, • 6 \ ti 6 Mo . 0 Cb 0 pO' \ ohm O. 19 ACRES ^ \ �*j� \ 66.00' • 60 00\ \ = d O, f9ACRES �v\ \ • � �w /yam aoQ �\ 600 �'6,>,- 60 \ \ / \ 0' • OS, , q` 00' Pv o L OT4 SUBDIVISION LOT LINE STREET CENTERLINE SECTION LINE EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ADJACENT BOUNDARY LINE BASIS OF BEAR/NG THE LATITUDINAL CENTERLINE OF SECTION 9 WAS ASSUMED TO BE NORTH 89°44'22" WEST BETWEEN THE CENTER 1/4 CORNER AND THE WEST 1/4 CORNER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. Z07-2 LA \C NS Fp SG O �< � O £ OF V \ F4N O,BR\�� \ \ 3g„ �\ G \ b� �ti 000 240001 d 60 0 \ N� 9LOCff2 LOT3 \\600 0.32ACRES N \ • goo ACADEMY ACRES - Cb ,ti 40 oo DIVISION 1 SEE5 � NOTE 3� \ 60 o") �6� INST. NO. XXXXXXXX ti .Cbo' 4` 0.28 ACRES ^ \ 00' /� 6� 00\ \ o o 0.23 ACRES ry 3 BLOCK 4 o - �a�^ L OT2 O, 19 ACRES BL OCK4 LOT 1 CO - _ 68.37' 68.37' 68.37' J. 68.37' N 89°44'22" W 1226.08' N 89044'22" W 273.47' N 89°44'22" W 1137.28' 91.59' (N89°4422"W 113728' -AAI) (91.59'-ROS3) WEST 1/16 CORNER ON 25.00' WIDE EASEMENT 9 THE LATITUDINAL CENTER 1/4 CORNER OF CENTERLINE OF SECTION INST. NO. 90004303 9. FOUND 2" ALUMINUM (SEE NOTE 4) SECTION 9, FOUND 2" INTERSTATE86 CAP AS DESCRIBED IN CP&F INST. NO. 95000718 BASIS OF BEARINGS -N 89°44'22" W 2636.83' (N 89°4422" W 2636.83' -AA 1) (S 89°4422"E 2636.83'-ROSI) (S 89°4422"E 2636.82'-ROS2 ACA) ALUMINUM CAP STAMPED "ALPINE ENGINEERING 2652", ALSO FOUND A 3" BCM 5.00' EAST. SEE CP&F INST. NOS. 20520367 AND 762800 PLAT RECORDING INSTRUMENT NUMBER BOUNOARYDESCR/PT/ON A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED, MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 9, BEING MARKED BY 2 INCH ALUMINUM CAP AS DESCRIBED IN CORNER PERPETUATION & FILING INSTRUMENT NOS. 20520367 AND 762800; THENCE NORTH 89°44'22" WEST, FOLLOWING ALONG THE NORTH RIGHT-OF-WAY LINE FOR INTERSTATE 86, A DISTANCE OF 1137.28 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°44'22" WEST, FOLLOWING ALONG SAID NORTH RIGHT-OF-WAY LINE FOR INTERSTATE 86, A DISTANCE OF 273.47 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE FOR INTERSTATE 86 AND FOLLOWING ALONG THE EASTERLY AND NORTHERLY BOUNDARY LINES OF A PARCEL OF LAND BELONGING TO ACADEMY INC, RECORDED UNDER INSTRUMENT NO. 21902772 OVER THE FOLLOWING FOUR (4) COURSES: 1. NORTH 28°54'21" EAST A DISTANCE OF 283.73 FEET; 2. NORTH 61'05'39" WEST A DISTANCE OF 485.46 FEET TO A POINT OF TANGENCY WITH A 500.00 -FOOT -RADIUS CURVE, WHOSE CENTER BEARS SOUTH 28°54121" WEST; 3. THENCE FOLLOWING SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 28°38'43" AN ARC LENGTH OF 249.98 FEET (THE CHORD OF SAID CURVE BEARS NORTH 75°25'01" WEST A DISTANCE OF 247.38 FEET) TO A POINT OF TANGENCY; 4. THENCE NORTH 89°422" WEST A DISTANCE OF 4.73 FEET TO A POINT ON THE EAST BOUNDARY LINE OF LOT 3, BLOCK 1 OF THE ACADEMY, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 21500997 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 0°39'36" WEST, ALONG SAID EAST BOUNDARY LINE OF LOT 3, BLOCK 1 OF THE ACADEMY AND A PARCEL OF LAND BELONGING TO ACADEMY INC, RECORDED UNDER INSTRUMENT NO. 21902772, A DISTANCE OF 177.72 FEET TO THE CENTERLINE OF REDMAN CANAL; THENCE FOLLOWING THE CENTERLINE OF SAID REDMAN LATERAL CANAL OVER THE FOLLOWING THREE (3) COURSES: 1. SOUTH 72°05'51" EAST A DISTANCE OF 261.72 FEET TO A POINT OF TANGENCY WITH A 1540.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS SOUTH 18°02'46" WEST; 2. THENCE FOLLOWING SAID CURVE IN A SOUTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 9°56'59" AN ARC LENGTH OF 267.43 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 66°59'20" EAST A DISTANCE OF 267.09 FEET) TO A POINT OF TANGENCY; 3. SOUTH 61'35'17" EAST A DISTANCE OF 560.99 FEET TO THE NORTHWEST CORNER OF LOT4, BLOCK 2 OF ACADEMY ACRES - DIVISION 1, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. XXXXXXXX IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE EASTERLY BOUNDARY LINES OF SAID ACADEMY ACRES - DIVISION 1 OVER THE FOLLOWING THREE (3) COURSES: 1. SOUTH 28°54'21" WEST A DISTANCE OF 140.33 FEET; 2. NORTH 61°05'39" WEST A DISTANCE OF 26.56 FEET; 3. SOUTH 28°54'21" WEST A DISTANCE OF 185.63 FEET TO THE POINT OF BEGINNING. CONTAINING 5.12 ACRES, MORE OR LESS. DECLARATION OF COVENANTS, CONO/T/ONSAND RESTR/CHONS ARE RECORDED AS INSTRUMENT NUMBER HEREBY MADE A PART OF THE PLAT CANAL COMPANYACCEPTANCE AND ARE WE HAVE REVIEWED THE PLAT AND ACCEPT THE CANAL EASEMENT / RIGHT-OF-WAY AS SHOWN. FORT HALL IRRIGATION REPRESENTATIVE DATE SYR It,EYOR'S CERAF/CATE I, SEAN O'BRIEN, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE LAND DESCRIBED IN THE ACCOMPANYING BOUNDARY DESCRIPTION AND THAT THE PLAT UPON WHICH THIS CERTIFICATION APPEARS WAS MADE UNDER MY DIRECTION. I FURTHER CERTIFY THAT THE ACCOMPANYING MAP CORRECTLY DEPICTS THE DIVISION OF THE LAND AS MARKED UPON THE GROUND, THAT THE MONUMENTS SHOWN CONFORMS WITH THAT SET OR FOUND UPON THE GROUND, AND THAT THE PERTINENT PROVISIONS OF THE STATUTES OF THE STATE OF IDAHO TOGETHER WITH ALL LOCAL ORDINANCES PERTAINING THERETO HAVE BEEN COMPLIED WITH. SEAN O'BRIEN c NSF �' SSG 18971 �� STgTf OF \OP� DATE ACADEMY ACRES - DIVISION 2 LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO OWNERS CERVIM r,E KNOWN ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO A BLOCKS AND LOTS TO BE HEREAFTER KNOWN AS ACADEMY ACRES - DIVISION 2. WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS AND LOTS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OF-WAY, ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENTS FOR PUBLIC UTILITIES ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST. THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT OF WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE CITY UNTIL ACCEPTED. GROUP 5 LLC, KURT DAVIS (TRUSTEE) GROUP 5, LLC ACKNOWLEDGMENT STATE OF IDAHO, COUNTY OF ON THIS DAY OF IN THE YEAR 20 , BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED KURT DAVIS, KNOWN OR IDENTIFIED TO ME, TO BE A MEMBER OF THE LIMITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. MY COMMISSION EXPIRES DAY OF 20 BEY ROPMENT AGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE A PART OF THIS PLAT. CUL /NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. IRMARON WATER STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND CITY OF CHUBBUCK CODE SECTION 16.12.230. PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK SANMARYMMICHONS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINE HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO COD, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: HEALTH DISTRICT SIGNATURE: CITY OF CHUBBUCK THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED AND THE DEDICATION ARE HEREBY ACCEPTED BY THE CITY OF CHUBBUCK, IDAHO, THIS KEVIN ENGLAND, MAYOR DAY OF BRIDGER MORRISON P.E., CITY ENGINEER COUNTYSURYEYOR'S CERRF/CATE , 20 JOEY BOWERS, CITY CLERK I, , A REGISTERED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE REQUIREMENT OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I APPROVE THE SAME FOR FILING THIS DAY OF 20 COUNTY SURVEYOR PLS NO. COUNTY TREASURER'S CERAF/CATE PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL. THROUGH JENNIFER CLARK, COUNTY TREASURER DATE COUNTYRECORDER'S CERAF/CATE I, JASON DIXON, CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BANNOCK, IDAHO ON THIS DAY OF 20 AT M. AT THE REQUEST OF AND WAS DULY RECORDED AS INSTRUMENT NUMBER JASON DIXON, COUNTY RECORDER