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HomeMy WebLinkAboutItem #1 Northside Crossing Div. 5/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: September 12, 2022 Re: Short Plat for Northside Crossing Division 5 Applicant: Lyn Yost 13982 N. Rio Vista Rd. Pocatello, ID 83202 Professional Services: RM ES 600 E. Oak St. Pocatello, ID 83201 Application: Northside Crossing Division 5, approximately 1.73 acres with 12 single family residential -attached lots and 1 common area lot. Located in the SE'/4 of Section 34, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located on the west side of Northside Crossing between Divisions 2 and 3. Existing Zoning: Creative Community — Northside Crossing (CC -NC) Existing Land Use: Vacant Staff Report: The final plat for Northside Crossing Division 5 qualifies for Short Plat Procedures per the standards in Title 17.12.400. The plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 16.12.230: o Secondary pressurized irrigation system including pump station requirement o The applicant has requested to waive the construction of the irrigation pump station to a future Division. • 17.12.400: o Proper access is provided to the property o No construction and dedication of public street improvements are required • 17.12.210: o A planning conference was held between applicant and city staff o Developer has completed requirements determined at the planning conference • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o Provide complete irrigation pump station and distribution system final design for review and approval to be included with Division 5 construction plans. o Construction plans/drawings be approved by Development Services Division. o Provide a stormwater report for the property within the bounds of this development with the Division 5 construction plans. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Short Plat for Northside Crossing Division 5 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 SHORT PLAT FOR NORTHSIDE CROSSING — DIVISION 5, APPROXIMATELY 1.73 ACRES LOCATED ON THE WEST SIDE OF NORTHSIDE CROSSING BETWEEN DIVISIONS 2 AND 3 FACTS REQUEST: The applicant proposes a 13 lot short plat for 12 single family residential — attached lots and 1 common area lot in the Northside Crossing Subdivision, Division 5. It includes extending water, sewer and irrigation services to the development 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 short plat shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. OWNER: Lyn Yost 13982 N. Rio Vista Rd. Pocatello, ID 83202 PROFESSIONAL SERVICES: RMES 600 E. Oak St. Pocatello, ID 83201 LOCATION: [INSERT GENERAL DESCRIPTION OF LOCATION AND APPROX ADDRESS] SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Creative Community— Northside Crossing (CC -NC) RECENT TRAFFIC COUNTS: CURRENT LAND USE: Vacant 2020: New Day Prkwy. @ Whitaker PROJECT SIZE: ±1.73 acres Rd., 5323/day VIEWS: Generally visible from the east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING NORTH: Residential; Creative Community — Northside Crossing (CC -NC) zone EAST: Residential; Creative Community— Northside Crossing (CC -NC) zone SOUTH: Commercial; Creative Community — Northside Crossing (CC -NC) zone WEST: Commercial, Industrial; (1) Short Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Northside Crossing 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: In accordance with City Code 17.12.200 and Resolution 2020-03, a complete petition and fees for a short plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.200. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. In accordance with City Code 17.12.230, the record was reviewed on October 5, 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: 1. 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 Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Short Plat as found in city code section 17.12.100, the City Council finds the following: 1. Conditions of Approval necessary to approve the Short Plat are (if any): /9470't-\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Short Plat Approval Form- FFCL a. Provide complete irrigation pump station and distribution system final design for review and approval to be included with Division 5 construction plans. b. Construction plans/drawings be approved by Development Services Division. c. Provide a stormwater report for the property within the bounds of this development with the Division 5 construction plans The short plat proposal substantially conforms to Chapter 17.12, Section VI. Short Plat Procedure, meaning that the following are found: a. Proper access is provided to the property; b. The development is consistent with the comprehensive plan; c. No substantial construction and dedication of public improvements are required; Requirements of the planning conference have been met. ORDER: CONCLUSION AND DECISION: PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Short 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 short plat is valid for a period of two (2) years. Approval of a short plat does not assure short 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 short plat is not recorded and improvements and structures intended for dedication to the public are not begun within a one year period from the date of 194�0t\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Short Plat Approval Form- FFCL Council approval, the short plat and supporting documents shall be resubmitted to the City for a review of compliance to then existing applicable ordinances and regulations. S. 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 /9470't-\ 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 77 W TYHEE ROAD 0 Q 0 W !r W r z z W NORTHSIDE CROSSING - DIVISION 3 Z07-33 J_ 'a = INST. NO. 22102250 o PROJECT �' �� 190 LOCATION Io J I �`' • S 89°36'44" E • `S 4 } 49.00' 5' S h y S`, °O`I F 3 ® z I 4S2 72„F � `� 40. TMI NEW DAY PARKWAY I 8 13.30' IW S S 4 8 � s BLOCK 1 �S'orr-i� s"E I I - o0 0,09 ACRES oo p 62.00 1 • 00 C6 CD to c� o S ?4 ` a r_ c'> CV ° z rn N NORTHSIDE CROSSING= DIVISION 5 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BL OC/f2 LOT1 LOT4 1 105 3 1//C/N/71"MAP SIMMEYOR'S NARRAMY/E # 45.00' A Iz 45.00' CHORD BEARING 15' 4 2.00' °S'°s' I F eft 250.93' 128.40' S 15°12'43" W 248.08' C2 100.00' 14°49'27" 25.87' a06 ACRES ?5 00, 25.80' THE PURPOSE OF THIS SURVEY IS TO CREATE 13 NEW LOTS FOR 450.00' 0 0 0 0 7 0 0 r- 8 � - o 0 0 L7 RESIDENTIAL DEVELOPMENT. 12 LOTS ARE FOR NEW 0 0 I N •S "' • 0,06 ACRES RESIDENCES AND 1 LOT IS FOR COMMON AREA. N �- N I 4' N o N S ? c� `7 S CD N 89°36'44" W 49.00' t� OS,OS"F 6°200' a07ACRES THE BOUNDARIES WERE SOLVED BY LOCATING EXISTING U) 45.00' • 5' Z o 0 0 MONUMENTS SET PER THE ADJOINING SUBDIVISION PROJECTS. 0' I S 89°36'44" E o S 89°36'44" E M o 15' THE SOUTH BOUNDARY LINE HAS BEEN DETERMINED TO S 89°36'44" E I 4.00' o � 0o S ?4° `� C 45.00' FOLLOW ALONG THE NORTH BOUNDARY LINE OF NORTHSIDE • 45.00' Lu 3 X00, AET 5 00' CROSSING - DIVISION 2 (INST. NO. 22102024). THE NORTH I w Z o.06ACRES o CO BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG � I cfl o 5 0 S o M • 0 THE SOUTH BOUNDARY LINE OF NORTHSIDE CROSSING - j ( �, I o o.osacREs o r • r, 2 / aN DIVISION 3 (INST. NO. 22102250). THE EAST BOUNDARY LINE HAS a06 ACRES o °No � N 620 a07ACRES o BEEN DETERMINED TO FOLLOW ALONG THE WEST oo oV N CD I z N CO N 13 N ?4°0S, 0 Z RIGHT-OF-WAY LINEN FOR NORTHSIDE CROSSING AS SHOWN Q o U) I COMMONAREA 2.00' OS" W M ON THE PLAT OF NORTHSIDE CROSSING - DIVISION 3. THE WEST O 45.00' I 15' 15' a9iACRES 45.00' 5' BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG -j � -;T• I - _ 90.00'. - - 45.00' (SEE NOTE 4) 10' g' X 10' PUBLIC N?4,500' l c THE EAST RIGHT-OF-WAY LINE OF THE UNION PACIFIC Q m �5' 5'• F- �f UTILITY EASEMENT OS -OS„ / IN RAILROAD, SAID RIGHT-OF-WAY LINE HAS BEEN DETERMINED TO U N 89°36'44" W _ - - - - - - - - - -I- - - - - - - - - - S, / - - - - - _ BE 100.00' EAST OF THE EAST BOUNDARY LINE OF NORTHSIDE E MI I 10.00' PR/VATEDR/VE'-NO-23'16"E i ] 10.00' _ _ _• PLAZA SUBDIVISION (INST. NO. 621576, AS SHOWN ON U �,, ■ - 110.40 - _ _ _ _ _ _ _ 8.4.93' _ C2 / ■ SUBDIVISION PLATS FOR NORTHSIDE CROSSING - DIVISION 2 & 3. � N i 10.00' N 89°36'44" W 195.33' - �� C3 _j-.5' LOTS 1 1) BLOCK 1 ARE ELIGIBLE FOR DEVELOPMENT THE O - CO S89°36'44"E-•---90.00'-------------------- - Z DIVIDING LINE BETWEEN UNITS IS THE COMMON LOT LINE OF EACH LOT. ALL CONSTRUCTION MUST CONFORM TO CITY I STANDARDS FOR DEVELOPMENT. REFERENCE MONUMENTS ' ARE BEING SET FOR SAID LOTS AS SHOWN. I 4. LOT 13, BLOCK 1 IS TO BE USED FOR COMMON AREA. SAID LOT IS COVERED IN ITS ENTIRETY WITH A SHARED ACCESS EASEMENT IN COMMON TO THE LOT OWNERS OF THIS SUBDIVISION. BASIS OF BEAR/NG THE SOUTH LINE OF SECTION 34 WAS ASSUMED TO BE NORTH I 89°36'44" WEST BETWEEN THE SOUTHEAST CORNER AND THE SOUTH 1/4 CORNER PER CONTROL RECORD OF SURVEY FOR THE CITY OF CHUBBUCK (INST. NO. 20915791) PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. LA NSFp SG �TfOF\D'' �qN O' BRj I 13.30' WIDE EASEMENT FOR ASI PUBLIC PEDESTRIAN I WALKING PATH i I I IL�'Co LL C d C, A / � M / U / U / / 10.00' WIDE PUBLIC UTILITY I EASEMENT / I I � 1 I rn I q I I u J' 1 I I I I 60' 1 � :30' 30'- II I i 18.90' WIDE EASEMENT FOR A 13 <� PUBLIC PEDESTRIAN WALKING PATH COMMONAREA I a9f ACRES N 89036'44" W 216.01' POINT OF BEGINNINGt� NORTHSIDE CROSSING - DIVISION 2 INST. NO. 22102024 17 co '6z 00,12 SEE RECORD OF SURVEY FOR LYN YOST INST. NO. 21903707 LOT> GRAPHIC SCALE 30 0 15 30 ( IN FEET ) 1 inch = 30' SOUTH 1/4 CORNER OF SECTION 34. FOUND ITD MONUMENT IN VAULT AS DESCRIBED IN CP&F INST. NO. 21111672 34 3 NEW DA Y PARKWA Y [FORMERL Y S/Pl'/ON ROAD] � rn J 30' 30' I� IN rn w I. rn I� 0 I �z I _1900.75'42650.75' 750.00' N 89°36'44 BASIS OF BEARINGS CURVE TABLE # 45.00' A ARC LENGTH 45.00' CHORD BEARING 15' 15' S 89°36'44" E 45.00' 5' 250.93' 128.40' S 15°12'43" W 248.08' C2 100.00' 14°49'27" 25.87' 13.01' N 82°12'01" W 25.80' C3 450.00' 0 0 0 0 7 0 0 r- 8 o 6 0 0 0 0 0 0 0 0 0 0 N 0.06 ACRES Q0 N 0,06 ACRES N o N �- N N 11 0, 06 ACRES N o N CD U) 0' S 89°36'44" E S 89°36'44" E 15' 15' S 89°36'44" E 5'• 45.00' 45.00' • 45.00' Lu w CO 90 � f0 � 0 0 12 0 j o 0,06 ACRES o r- 0,06 ACRES o �- _ c� CD a06 ACRES o o C:) oo CO oo oV N CD N CO N z CD U) U) C:) z 0 cn 5'1 45.00' 45.00' 15' 15' 45.00' 5' • - - N 89°36'44" W -;T• - - _ 90.00'. - - - - - - - - r _ N 89°36'44" W _ - / � M / U / U / / 10.00' WIDE PUBLIC UTILITY I EASEMENT / I I � 1 I rn I q I I u J' 1 I I I I 60' 1 � :30' 30'- II I i 18.90' WIDE EASEMENT FOR A 13 <� PUBLIC PEDESTRIAN WALKING PATH COMMONAREA I a9f ACRES N 89036'44" W 216.01' POINT OF BEGINNINGt� NORTHSIDE CROSSING - DIVISION 2 INST. NO. 22102024 17 co '6z 00,12 SEE RECORD OF SURVEY FOR LYN YOST INST. NO. 21903707 LOT> GRAPHIC SCALE 30 0 15 30 ( IN FEET ) 1 inch = 30' SOUTH 1/4 CORNER OF SECTION 34. FOUND ITD MONUMENT IN VAULT AS DESCRIBED IN CP&F INST. NO. 21111672 34 3 NEW DA Y PARKWA Y [FORMERL Y S/Pl'/ON ROAD] � rn J 30' 30' I� IN rn w I. rn I� 0 I �z I _1900.75'42650.75' 750.00' N 89°36'44 BASIS OF BEARINGS CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 480.00' 29°57'07" 250.93' 128.40' S 15°12'43" W 248.08' C2 100.00' 14°49'27" 25.87' 13.01' N 82°12'01" W 25.80' C3 450.00' 29°57'07" 235.24' 120.37' S 15°12'43" W 232.57' / L OT2 / / OD / 0 ^• / `� M� C' A+, / LINE TABLE # BEARING DISTANCE L1 S 30°11'16" W 14.35' L2 S 00°14'09" W 8.70' L3 N 74°47'17" W 9.44' L4 S 32°40'07" E 27.43' L5 N 48°57'19" E 34.74' L6 S 29°50'49" E 30.41' L7 N 81'31'59" E 41.18' L8 N 49°40'29" E 30.77' L9 N 00°14'09" E 8.78' __] �OQ► / SEE RECORD OF SURVEY FOR TEMPORARY LOT2 PUBLIC UTILITY EASEMENTS FOR NORTHSIDE / CROSSING SUBDIVISION PROJECTS INST. NO. 22015979 NORTHSIDE CROSSING - DIVISION 3 / INST. NO. 22102250 moo• / BLOC/f / v / i 20.00 WIDE PRIVATE SHARED ACCESS EASEMENT AND PUBLIC UTILITY EASEMENT rn CD I BL OCA' I u J I I ILOT5 ITHE VILLAS AT NORTHSIDE CROSSING - BUILDING 1 I INST. NO. 22105849 iFRFNn SECTION CORNER AS NOTED 1/4 CORNER AS NOTED FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES PELS 2341" FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" FOUND 5/8" REBAR WITH ALUMINUM CAP 61 STAMPED "RMES PLS 18971" SET 1/2" BY 24" REBAR WITH PLASTIC • CAP STAMPED "RMES PLS 18971" AS REFERENCE MONUMENT SET 5/8" BY 24" REBAR WITH 2" ALUMINUM ■ CAP STAMPED "RMES PLS 18971" 5 / BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER LOTS EXISTING SUBDIVISION LOT / BLOCK NO. BL OCff2 SOUTHEAST CORNER OF SECTION 34. FOUND ALUMINUM CAP MONUMENT AS DESCRIBED IN CP&F INST. NO. 21211748 34 35 3 2 SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINE STREET CENTERLINE SECTION LINE EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ADJACENT BOUNDARY LINE COUNTYRECOROER'S CERTIFICATE BOYMARYBESCR/PT/ON A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN ,BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, BEING MONUMENTED BY AN ALUMINUM CAP MONUMENT AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 21211748; THENCE NORTH 89°36'44" WEST, ALONG THE SOUTH LINE OF SECTION 34, A DISTANCE OF 750.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF NORTHSIDE CROSSING; THENCE NORTH 0°14'09" EAST, ALONG THE CENTERLINE OF NORTHSIDE CROSSING, A DISTANCE OF 492.66 FEET; THENCE NORTH 89°36'44" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTHSIDE CROSSING, THE SAME BEING THE NORTHEAST CORNER OF LOT 1, BLOCK 2, NORTHSIDE CROSSING - DIVISION 2, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 22102024, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°36'44" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 216.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE NORTH 1°12'43" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 343.40 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 2, NORTHSIDE CROSSING - DIVISION 3, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 22102250; THENCE SOUTH 74°05'05" EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT, A DISTANCE OF 307.40 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTHSIDE CROSSING; THENCE FOLLOWING ALONG THE WEST RIGHT-OF-WAY LINE OF NORTHSIDE CROSSING OVER THE FOLLOWING THREE (3) COURSES: 1. SOUTH 30°11'16" WEST A DISTANCE OF 14.35 FEET TO A POINT OF TANGENCY WITH A 480.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS SOUTH 59°48'44" EAST; 2. FOLLOWING ALONG SAID CURVE -TO -THE -LEFT THROUGH A CENTRAL ANGLE OF 29°57'07" FOR AN ARC LENGTH OF 250.93 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 15°12'43" WEST A DISTANCE OF 248.08 FEET) TO A POINT OF TANGENCY; 3. SOUTH 0°14'09" WEST A DISTANCE OF 8.70 FEET TO THE POINT OF BEGINNING. CONTAINING 1.73 ACRES, MORE OR LESS. SURVEYOR'S CER AF/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 O�PL Lq N� �Gj\ �\CE NSF SG�G cl-18971 '9Tf OF ��P �Fq N O'BR�j DATE DECLARAHON OF COVENANTS, COND/T/ONS ANO RESTR/CT/ONS ARE RECORDED AS INSTRUMENT NUMBER HEREBY MADE A PART OF THE PLAT AND ARE NORTHSIDE CROSSING= DIVISION 5 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO OWNER'S CERAF/CATE KNOW ALL MEN BY THESE PRESENTS THAT I, THE UNDERSIGNED OWNER OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO A BLOCK AND LOTS TO BE HEREAFTER KNOWN AS THE NORTHSIDE CROSSING - DIVISION 5. I, THE OWNER, 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. 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. LYN A. YOST, MANAGER DKL, LLC ACUOW MMENT STATE OF IDAHO, COUNTY OF ON THIS DAY OF , IN THE YEAR 20 , BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED SCOTT BRISCOE, 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 /RR/GAT/ON 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 SAN/TARYRESTR/CRONS 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: DEVELOPMENT AGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE PART OF THIS PLAT. CUL/NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. CITY OF C119BBUCK THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED BY THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF , 20 KEVIN ENGLAND, MAYOR BRIDGER MORRISON, P.E., CITY ENGINEER COUNTYSURVEYOR'S CERTIFICATE JOEY BOWERS, CITY CLERK I, , A LICENSED 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 BANNOCK COUNTY SURVEYOR PLS NO. DAY OF 20 COUNTY TREASURER'S CERTIFICATE 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 CERTIFICATE