HomeMy WebLinkAboutItem #5 Grove Subdivision440d,t\
CHUBBUCK
1 0 0 H 0
Memo
To: Honorable Mayor & City Council
Community Services Department
290 E Linden Ave., Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
From: Devin Hillam, Community Services Director "
Date: February 9, 2023
Re: Discuss petition from adjacent property owners in regarding auction & disposal of Block 1 Lot 13, The
Grove- Division No. 1 (Action Item)
In Fall 2022 following a discussion with the Council about increase encroachments onto city -owned
property, the Mayor's Office sent letters to adjacent property owners requiring the vacation of city property at Lot
13 Block 1 in The Grove- Division No. 1. Since that time, I have met with an informal representative of the group,
Grant Roper who resides at 1375 Sawtooth Street to see if we could work out a solution in the interests of the City
and the adjoining property owners. The City's interests, as I voiced, are to protect and further promote the purposes
as stated on the plat- for drainage control and to serve as an easement for public utilities, irrigation, and storm
water, and that we intend to construct a multi -use pathway on the canal bank as a long-term recreational plan. I
indicated that the Parks & Recreation Division does not have immediate plans to create a park on the property or
that due to the small division's staff, to maintain in such a way that would satisfy the expectations of the adjoining
residents, who have beautiful landscaping and fencing. I discussed the City's legal requirement to auction the
property and the logistical and even legal difficulty and cost that would arise if we attempted to auction of the
properties in pieces.
After discussing the City's needs and desires with the residents, Mr. Roper created the petition which is
before you for review and obtained signatures. The signees indicate a willingness to form an association for the
purpose of bidding on the property and they are willing to have any easement or other requirement placed on the
property to ensure that someday the canal bank pathway can be built. Based on their letter and the limited financial
J:\Parks & Rec\Parks by Name\The Grove\2.9.23_Memo re petition of landowners to auction Lot 13 Block 1 Div.
1—staff support.docx 1
and personnel capacity in the Parks & Recreation Department, I recommend that the Council authorize staff to
proceed with auctioning Block 1 Lot 13 of The Grove — Division No. 1 and the small lot across Sawtooth, Lot 3 Block
3 in the same Division, with a recorded title document that states that the lots maintain any stated easements and
an obligation that no adjoining property owners, or their heirs or assigns, will protest or otherwise impede or
obstruct a canal trail pathway on the Redman Lateral Canal of the Fort Hall Irrigation Project, if such recreational
improvement is proposed for construction. If auctioned, the City would no longer maintain any land in The Grove,
including along Philbin Road.
Attached:
1. Petition from Adjoining Property Owners Requesting Auction of City Property
2. Letter from Mayor to Adjoining Property Owners
3. 8/30/22 Memo to Council
J:\Parks & Rec\Parks by Name\The Grove\2.9.23_Memo re petition of landowners to auction Lot 13 Block 1 Div.
1—staff support.docx 2
February 8, 2023
City of Chubbuck City Council
c/o Devin Hillam — Community Services Director
290 E Linden Avenue
Chubbuck, iD 83202
Dear Council Members .& Mr. Hlllam:
We, the owners and residents of the Grove Subdivision No. 1, Block 1 (Block 1)) have formed a new
association to request the City of Chubbuck (City) offer for bid Grove Subdivision No. 1, Block 1, Lot 13
(Lot 13). The purpose of:the new.association is to specifically bid on the sale of Lot 13.
If successful, we then intend to cofmplete a survey of the current other 12 lots we own in Block 1. The .
purpose of the survey is to their seek ?pproval from the City to incorporate Lot 13 into our current lots
and to move the lot boundaries to the south boundary of the current Lot 13 now owned by the City. We
will seek approval from the City to. make this change to the lot lines thru a Record of Survey showing this
change.
It is our desire that the existing easekir!ents and restrictions now in.effect for Lot 13 will remain in place.
Specifically, we wish to preserve the canal company 35 foot easement to ensure the City is not impeded
in its ability to add a future walking or bike trail to the easement. We.welcome the city adding any other
easement, access, or reasonable , estrictions they deem essential to make any such future improvement.
We would like to keep and maintain°°,)e existing row of mature trees that were planted prior to the
transfer of Lot 13 to the City. We be'; -Vo this will be an enhancement to any future trail development.
The original drip system to the trees is now in disrepair but individual homeowners have been
maintaining many of the trees.
The name of the association will be the'Grove Subdivision Block 1 Lot 13 Acquisition Association
(Association). The above stated' a � Isltion and resurvey will be the sole function and purpose of the
Association.. There will be 12 members of the association. Each member owns one of the 12 lots
adjacent to Lot 13 now owned by th;- City. "these members are Kevin Beutts, Kip Yeates, Roy,
Thompscn, Jason Hawkins, Avdlm °xrGrant Roper, Ron Winters, John Nicely, Eric Shaver, Matthew
Taylor, David Whitworth, & Cara' ellen,
When this phase of the Grove Subci3i13'lon was approved the City in 2007 Lot 13 was dedicated to the
City as`a green space for a rocreat�:n-.park and drainage. The only area it drains is the surface area of Lot
13, Due to the adjacent canal and '.arm there is minimal purpose served for storm drainage or flood
control. The,irnprovemerrts for qsp as a recreation park were never made by the developer. The intent,
at that time, was for the green spice to be continued in the subsequent two phases of Grove
Subdivision. However, w.her thou -;leases were approved by the City, no green space was required.
The continuation of. Lot 13 greenspac.-2 was instead.approved as apart of neighboring residential lots.
Those lots extend to the canal thaj is the south boundary of Lot 13. The Lot 13 greenspace became
Qrphaned.and landlocked by the canal and gravel pit, residential lots on two sides, and by Phiibin Road.
An HOA was formed in 2007 for the h.,,+,-eowners of Grove Subdivision. The HOA members of phase 1
paid $G0- 30,000 to install a pump an:J system to utilize canal water owned by the HOA. These
improvements were to serve the.add<itlonal homes to be later built in phase 2,& 3 of the subdivision.
The.HOA did not have. funds.to complete the.dedicated,park space. Approximately 13 years ago the
developer Grove Subdivision and thq.,City negotiated a transfer of the pump and water to the City. As
Lot 13 had never been developed nor. maintained, the maintenance and control of the Lot 13 also
transferred to the City. We know tlne 'current ordinances and code regarding green space and
maintenance. It -would have required boriding for the development of Lot 13. We also know the
ordinances have changed in the -past 13 years, None of the Block 1 property owners know the details of
the terms of this transfer. Some were owners at the time. We do not know if the developer received
any compensation from the City.- We to know'the water and irrigation system were paid for by and
belonged to the HO and its memhers:•We also -know that this transfer eliminated the later conflict that
would have occurred regarding water rights and the irrigation system.
Specifically, the city approved Phase 2 & 3 of the Grove Subdivision. These phases were approved
without the requirement that they jzin ;:hp FIOA. They did not. They did receive the benefit of the
Water. The City control cf the wa:r r and pump maintenance means all homeowners in Grove
Subdivision pay the city far canal, Wate and pump maintenance. This would be a problem if the HOA
were still responsible and in control..
.y; Lot 13: is bounded by on the South 1-y a Tribal irrigation canal. To.the South of the canal is the County
gravel pit. We would love fog to turn the pit.into a lake; We know that is not an option.
`rhere is no alternative use that i;scorporate Lot 13. To the East of Lot 13 is Philbin Road. The
h canal.;coritinues East. A trail systen�i.c-�uld continue. along the canal. A crossing would be needed for
Philbin Road. To the West -of L7 y 3 •e the lots of Grove Subdivision Phase 3.that extend to the canal.
Beyond those lots is a 10 acre parcel and heme owned by a long time resident who breeds show horses.
Any trail would end with Lot 15,1.
Lot 13 is zoned residential, as are tie other 12 lots. However, it excessively narrow for any development
or the construction of`any structure.It's only use, except for a possible trial along the canal, is as a
green space that would functionally only serve the owners of the current adjacent lots. This has
presented a constant. dilemma 5C`th the'City and Block 1 owners..
The City has limited resources: Iii 13 years of responsibility for development or maintenance of Lot 13 .
the City has mowed the weds once. The mower became stuck and the mowing was not completed.
The City has never conte back. :'The' xf en�ivb berm is too steep to mow. It has never.been maintained.
The City has not been a le'"to da a�,w'; 4'I�r°upl eep.of Lot 13 in 13 year's. The City has limited funds and
a verir small team for park maiOter-ariLce. The City has struggled to care for this Lot as promised, and as
required under ordinance"and.under toe HOA rules. There are much higher competing priorities for
park5.and maintenance that would b .nofit the residents of Chubbuck and.not just those in Block 1, as is
the caase with Lot 13.. As Citi, .adml,r --rations have changed in those l3. years the City has not been able .
to. send a consistent message c- rr�,sldents of.Block 13 regarding the use and care of Lot 13. Lot 13 is
what e,,,ery.resident faces when tF w- walk i3ut theirbac.k door. The City's relationship and trust with
these residents has.eroded._ ,
Block' 1 residents have been frust t eco dealing wlth weeds, rodents, insects, fire hazard,- unsightliness, .
and the danger of an unfenced cava! for "all these long years. Promises were not kept. They have been
given conflicting direction by city representatives regarding how they could or could not use or care for
this space. Sometimes they have been treated as trespassers and other times as appreciated stewards.
Many have spent thousands of dollars over the years controlling weeds and pests and watering trees.
Critical portions of the lot extends to the street and would have been extremely unsightly had the Block
1 residents not landscaped and watered that portion of Lot 13. Lot 13 is integral to the safe and
aesthetically appealing use of the other 12 lots in Block 1. Many fences have been postponed for years
because of the unresolved problem. Over the years some had to be installed. We know that several
encroach on the lot line. All have been told to use Lot 13 as desired at time by representatives of the
City, including mayors and city councilmen. Just don't erect anything permanent. It has been a lot of
years. That direction has been a less than satisfactory solution. A lot of mistrust and even occasional
direct conflict with the City has ensued.
WE PETITION THAT THE CITY OFFER LOT 13 FOR BID.
Sincerely,
BLOCK 1 HOMEOWNERS
THE GROVE - DIVISION No. 1
`477°38 4T„ A SUBDIVISION LOCATED IN THE NORTHEAST QUARTER OF SECTION B, TOWNSHIP 6 NORIREnsr wxAeRsec, a PROJECT
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FDUNDSEcn4NDDrD+ERABNarED
IFOUND N4 CORNER AS NOTED
41 FOUND 1tt6 CORNERAS NOTED
SET SB INCH BY 3G INCH REBAR
VAH 21KCH ALUM. CAP STAMPED
(RIDES PELS 2741)
SET 5M INCH BY 12 INCH REiAR
vaTH 2 =H Alum CAP STAMPED
OTMES PELS2341)
SET WITHESS CORNER ON RIGHTOF
WAYUNE 05 FEET FROM
CENTERLR4EOF REEK M LATERAL
CANAL(&8 INCH TTY 30 INCH REBNR
wrrH ALuMIKUM CAP $rAMPEO.
RMES PELS234t)
SET WITNESS CORNER CN RX;HT OF
WAY UNE, 3E FEET FROM
CENTERLINE OF REDMAN LATERAL
CANAL(%a INCH BY 24 INCH REflAR
WITH PLASTIC CAP STAMPED, RME$
FELS 2341)
14 -7 8 4- SET 1/21NCH BY Z4 INCH REEAR
YNTH PLATM CAP WAMPE4 (WAIS
234I)AV3�CORNERSANO
gm OF
SUBDIVISION BOUNDARY UNE
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SUONVISIONLOYLINES
REFERENCE DOCUMENTS 8 `341 AD-,rA2-4 � � � � SMTIONLWFJSiREETCENTERUNE
T --SU RECORD DISTANCE AND SPARLNG PER RECORD OF
SURVEY FOR DERAE TRAUGHBER INST. NO. 82012845y� f of +o
}S egy,Ml. CURVETABLE
N[A4BER ADONIS O@TAANGIE ARGM TANGENT GIOA➢CFECPON clfow Tm
Cl 1S0.W 19']4'1]• L n -e W.. sia3F2Cw 16.63 �
NOTES:
t.15 FEErwDE EABEMENTS ARE FOR PUBLIC UT UTIES, DRAINA(E.7UBUC PEDESTRIMTRAVMANO BIDEWALK A
PORTON OF THE PLANTING SMP, AND ROADWAY SLOPES, UNLESS OIHERNSE NOTED.
2. ABS FOOT BY 22 FOQr TEMPORARY EASmgrit I$ FOR VENICLETURN ARQUNII AND PUBLIC UTILITIES- THE
EASEMENrVALLTERABNATEAFRFR THE NW SUBCTVISION ADJOINING TO THE BOUNt DL TOF6 YUBOMSION
ISOOMI m. THIS EASEMENTISFECORDEDAT BANHOCKOWNTY UNDER INET.NO. `77 b 6.3
3. PHILBIN ROL RICHT OF WAY TO BE EXPANDED TO 60 FEET ON EACH SIDE OF THE CENTERLINE
.4. LOT t3, BLOCK 1 AND LOT 3. BLOCK 3ARE DEDICATED TO THE CITY OF CHUBBUCKFOR A RECREATION PAM
MNRAGEOONNTROL. ANDANY OTHER PURPCBEA$ DEEMEDAPPROPRIAW BY THE CITY OFCFpRBUCK COUNCIL
THE SAID LOTS ARE COVERED INTHFJRENTIRETYYSTHA PUBLIC UTTLRY,IRRIGATION, ANDSTORMWATER
DRAINAGE EASEMENT
5.3 FOOT WOE EASEME"TARE FOR IRRIGATION MAIJ4UNES.
B- FORTHALL IRRIGATION PROJECT HAS A 70 FOOTYACE RIGHT OF WAY• 36 FEET EACH SIDE OFTHE CENIEWJNE OF
THE REDMAN LATERAL CANAL- NO MODIFICATIONS OR ENCROACHMENrw7THIN THE LIMITS OF THE UNRW STATES
BRUii��OF WAY FOR THE ZrAN LATERA- CANALWLL BY ALLOWED WITHOUT PRIORMFUTTEN APPROVAL BY THE
REAU CF IN(MA�I A.FFARS
7.'W EFFECTS AND CONDITIONS OF THE EASEMENTS GRANTED TO J.R.SIMPLOT COMPANY AND FMC CORPORATION
LN IRLST. KOR 4MW AND 462ra+NHJCH COVERALL PROPERTY IN THIS SUBDIVISION SOUTH OF THE 1IiBTH LINE
a.' `490% LWAMONSTO BE PLACED ON THE EXTENSION OF THE ADJONING LOT LINES OF¢OTS 8 AND 1), BLOM 1)
rr;L (Loi 3 AND 4, OF BLOCK t).
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LEGEND
FDUNDSEcn4NDDrD+ERABNarED
IFOUND N4 CORNER AS NOTED
41 FOUND 1tt6 CORNERAS NOTED
SET SB INCH BY 3G INCH REBAR
VAH 21KCH ALUM. CAP STAMPED
(RIDES PELS 2741)
SET 5M INCH BY 12 INCH REiAR
vaTH 2 =H Alum CAP STAMPED
OTMES PELS2341)
SET WITHESS CORNER ON RIGHTOF
WAYUNE 05 FEET FROM
CENTERLR4EOF REEK M LATERAL
CANAL(&8 INCH TTY 30 INCH REBNR
wrrH ALuMIKUM CAP $rAMPEO.
RMES PELS234t)
SET WITNESS CORNER CN RX;HT OF
WAY UNE, 3E FEET FROM
CENTERLINE OF REDMAN LATERAL
CANAL(%a INCH BY 24 INCH REflAR
WITH PLASTIC CAP STAMPED, RME$
FELS 2341)
14 -7 8 4- SET 1/21NCH BY Z4 INCH REEAR
YNTH PLATM CAP WAMPE4 (WAIS
234I)AV3�CORNERSANO
gm OF
SUBDIVISION BOUNDARY UNE
¢p1 •' ]Y+2favrYn�n _. _��
SUONVISIONLOYLINES
REFERENCE DOCUMENTS 8 `341 AD-,rA2-4 � � � � SMTIONLWFJSiREETCENTERUNE
T --SU RECORD DISTANCE AND SPARLNG PER RECORD OF
SURVEY FOR DERAE TRAUGHBER INST. NO. 82012845y� f of +o
}S egy,Ml. CURVETABLE
N[A4BER ADONIS O@TAANGIE ARGM TANGENT GIOA➢CFECPON clfow Tm
Cl 1S0.W 19']4'1]• L n -e W.. sia3F2Cw 16.63 �
NOTES:
t.15 FEErwDE EABEMENTS ARE FOR PUBLIC UT UTIES, DRAINA(E.7UBUC PEDESTRIMTRAVMANO BIDEWALK A
PORTON OF THE PLANTING SMP, AND ROADWAY SLOPES, UNLESS OIHERNSE NOTED.
2. ABS FOOT BY 22 FOQr TEMPORARY EASmgrit I$ FOR VENICLETURN ARQUNII AND PUBLIC UTILITIES- THE
EASEMENrVALLTERABNATEAFRFR THE NW SUBCTVISION ADJOINING TO THE BOUNt DL TOF6 YUBOMSION
ISOOMI m. THIS EASEMENTISFECORDEDAT BANHOCKOWNTY UNDER INET.NO. `77 b 6.3
3. PHILBIN ROL RICHT OF WAY TO BE EXPANDED TO 60 FEET ON EACH SIDE OF THE CENTERLINE
.4. LOT t3, BLOCK 1 AND LOT 3. BLOCK 3ARE DEDICATED TO THE CITY OF CHUBBUCKFOR A RECREATION PAM
MNRAGEOONNTROL. ANDANY OTHER PURPCBEA$ DEEMEDAPPROPRIAW BY THE CITY OFCFpRBUCK COUNCIL
THE SAID LOTS ARE COVERED INTHFJRENTIRETYYSTHA PUBLIC UTTLRY,IRRIGATION, ANDSTORMWATER
DRAINAGE EASEMENT
5.3 FOOT WOE EASEME"TARE FOR IRRIGATION MAIJ4UNES.
B- FORTHALL IRRIGATION PROJECT HAS A 70 FOOTYACE RIGHT OF WAY• 36 FEET EACH SIDE OFTHE CENIEWJNE OF
THE REDMAN LATERAL CANAL- NO MODIFICATIONS OR ENCROACHMENrw7THIN THE LIMITS OF THE UNRW STATES
BRUii��OF WAY FOR THE ZrAN LATERA- CANALWLL BY ALLOWED WITHOUT PRIORMFUTTEN APPROVAL BY THE
REAU CF IN(MA�I A.FFARS
7.'W EFFECTS AND CONDITIONS OF THE EASEMENTS GRANTED TO J.R.SIMPLOT COMPANY AND FMC CORPORATION
LN IRLST. KOR 4MW AND 462ra+NHJCH COVERALL PROPERTY IN THIS SUBDIVISION SOUTH OF THE 1IiBTH LINE
a.' `490% LWAMONSTO BE PLACED ON THE EXTENSION OF THE ADJONING LOT LINES OF¢OTS 8 AND 1), BLOM 1)
rr;L (Loi 3 AND 4, OF BLOCK t).
5x41i
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cGS11ER PER Hsi.lq.9 B 4
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LINE TABLE
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EXISTING PROPERTY LINES
— — — — EASEMENrSIDBUNE(SEE NOTE 1)
-------- EASEMENT SIDEUKE(SEE NOTES)
— - — RIGHTOFWAY(SEE NOTeo)
7' LOTHUMBER
{Rj RESTRICTED LOT(SEENOTE4)
JB MALBOX LOCATIONS(5IE NOTE S)
R9OORWHGRNSTRUMENT
THE GROVE -DIVISION NO. I
A SUSONEIION LOCATED IN THE NORTHEAST
QUARTER OF SECTION A TOVMSHIP 6 SOUTH RANGE
34 EAST. BOISE MEMOMAN BANNOCK COUNTY, IDAHO
THE GROVE - GJiVISION NO. 1
A SUSDIVIAJON LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP S
SOUTH, RANGE 34 EAST, BOISE MERCIAN BANNOCK COUNTY, IDAHO
BOUNDARY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION S. TOWNSHIP 0
SOUTH, RANGE 34 FAST, BOISE MERIOLAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEA.STCORNER OF SAID SECTIONS. THENCE SOUTH 00.38']8`
EAST, ALONG THE EASTUNE OF SAID SECTION Q A DISTANCE OF 1101.38 FEETTO THE
POINT OF BEGINNING:
THENCE CONTINUING SOUTH 00-YnW EAST, ALONGSND ZAST UNE A OISTANOE OF 503-01
FEET TO THE CENTBiUNE OF REDMAN LATERALCANAL'
THENCE NORTH 72" It'18' WEST, ALONG SAID CENTERLINE; A DISTANCE OF 1143.95 FEET;
THENCE NORTH 17.4642' EAST. A DISTANCE OF" FEET.
THENCE NORTH 00'0040' WEST. A DISTANCE OF 10738 FEET;
THENCE NORTH 012746' EAST. A DISTANCE OF 60.00 FEEL;
THENCE SOUTH 68'38'06' EAST, A D TANCE OF 2121 FEET TO A POINTOF TANGENCY%WTH
63.
A 300 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 01'21'55' WEST;
THENCE FOLLOIMNG SAID CURVE W A CLOCKWISE DIRECTION THROUGH A CENTRAL
ANGLE OF08'(IWIZ €8TH AN ARC LENGTH OF 5:50 FEET, (THE CHORD OF SMD CARVE
BEARS SOUTH
' 54-43 EASTA DISTANCE OF MAC FEET);
THENCE NORTH 27`132r EAST DNSTANCE OF 100.19 FEET.
THENCESOUTH 7771'47' EAST A DISTANCE OFSLdl FEET,
THENCE SOUTH 82'13'14' EAST A DISTANCE OF 35047 FEET;
THENCENORTH 95 -AW FAST A DISTANCE OF 7&B7 FEET,
THENCE SOUTH 55'3710' PAST A DIS TANOE OF 211.61 FEEL'
THENCE SOUTH 3327.44' WEST, A DISTANCE OF 713 FEET,
THENCE SOUTH 737141' EAST, A DISTANCE OF 158.20 FEET;
THENCE NORTH 06°28'35' EAST, A DISTANCE OF 57.14 FEET,
THENCE SOUTH 69'4543' EAST, A DISTANCEOF 19300 FEETTOTHE POINT OF BEGIMWHHO:
CONTAINING 8.58 ACRES, MORE OR LEBSL
OWNERS CERMICATE
KNOW ALL MEN BY THE PRESENTTHAT WE, THE UNDERSIGNED OWNERS OFTHE TRACT OF
LAND -DESCRIBEDIN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE
SUBDIVIDED INTO BLOCKS AND LOTS AND STREETS TO BE HEREAFTER KROWN AS THE
GROVH$UODTVISHON-DIVAS€ONt(ASUBDIVISIONENBANNOCKCOUNTY} Tr ISTHE
INTENTION OF THE OWNERS TO INCLUDE ALL THE W-SCRISED PREMISES IN SAID PLAT AND
THAT SAID PREMISES ARE TO SE Cm OED INTO FLOCKS AND LOTS AND STREETS AS
SFKTWN AND THAT THE LOCATION AND DIMENSIONS OF SAID BLOCKS AND LOTS AND
STREETS ARE A15 aNOWN ON SAID PLAT. ALL STREETS AND EASEMENTS DEPICTED ON
THIS PLAT, ARE HEREBY DEDICATED TO THE PUBLIC FOR PUBLIC USE UNLESS OTHERAISS
WOICATED; AND RIGHT TO USE ALL DEPICTED EASEMENTS 07' R939MO FORTM9 PUBLIC
FOR SUCH FACILITIES FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT
NOT LWITEDTO POSTAL DELIVERY BOXES NOSTRUCTURES.OTHERTHANTHOSE
8
E4UIRED POR SUCH PUBLIC OR UTILITY PURPOSES, ARE TO SE ERECTED OR PLACED
WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED ORRESERVEDTO
THEPUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO
MUNICIPAL REGULATION. IMPROVEI€IEHT$ IN SUCH AREAS ARESIMILAPLY UEOICATER
RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED SHALL PASSTO THE PUSUC
BODY HAVING JURISDICTION WHF H SUCH DEDICATION HAS EEEHACCEPTED.
THIS PLAT IS GOVERNED BY Till LAND CEVELCPMENT ORDINANCE OF THE CITY OF
CHUBBUCK, WHICH PROVIDES THATA FINAL PLATSIIALL CONSTITUTE A DEDIGITlON4
HOWEVER, APPROVAL OF THE FINAL PLAT $HALL NOTCONSTITUTE THE CITY S
ACLEPTANCEOFTHEOEDICATION SUCKAOCEPTANCESHALLBECCME EFFECTIVE ONLY
UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FMtTHLAT PURPOSE
AFTER THE CITYCOUKGR HAS FOUNDTHAYALLSTAUCTURES AND IMPROVEMENTS
RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN
APPROVED UPON INSPECTION TTY THE CITY. DEDICATION IS NOT BINDING UPON TIE CRY
UNTILACCEPTELL
IN WITNESS WMEREOF WE OWNERS DO HEREUNTO SEI -OUR HANDS
NEVID � . neeNr iLc .
KEVIN BODY. , MEM8ER
IRRIGATION CERTIFICATE
THE PROPEPUY INCLUDED IN THIS PLAT WILL RETAIN ALL WATER RIGHTS WITH
THE FORT HALL €RRIGATION PROJECT -
CITYOF CHUBBUCK
THE PLATCT4WMlCFI II CER TIFICATION,�PEAR9F3H EBY APPROVED BY
TH CITY OF CHUB G lDAFIO, THOS r'A or.- 00 7
S N M NG UI YOR}�µ SMARTCITY 8NOINEIIN
RON G CONLIN(CTry CLERK)
SANITARY RESTRICTIONS
A SANITARY RESTRICTION IS IN FORCE PLA IDAHO CODE 50-133$ TO 541320 ON
THISPLAT- NO BUILDING CWELUNG OR SHELTER SHALL BE ERECTED UNTIL
SANITARY RESTWCRGN REQUIREMEKSARE SATISFIED AND LIFTED.
&mrrARY RESTRICTIONS ARE BATHBFIED AND UFTEO THIS (-3-DAY
OF 0
-FIFER-i;:N,&-e-il:507A,!%T
$OUTHCMT, DISTRICT HEALTH DEPARTMENT
I, JAY L CORNELL90PC A REGISTERED LAND SURVEYOR OF THE STATE OF
IDAHO, DO HEREDY CERTIFY THAT ASURYEY WAS MADE UNDER MY DIRECTION
OF THE LAND DESCRIBED W THE ACCOMPANYING BOUNDARY DESCRIPTION
AND THAT THE PLAT UPON YIMCH THIS CERTLFICAITON APPEARS WAYS MADE
UNOER MY DIRECTION. I FURTHER CERTIFY THAT THE ACCOMPANYING MAP
CORRECTLY DEPICTS THE DIVISION OF THE LAND AS MARKED UPON THE
GROUND. THAT THE MONUMENTS SHOYPIN CONFORMS WITH THAT SET OR
FOUND UPON THE GROUND, AND THAT THE PERTINENT PROVISIONS GF THE
$TATDI$S OF THE STATE OF IDAHO TOGETHER WITH ALL LOCAL OROINA8:E5
PERTAINING THERETO HAVE BEEN COMFUEO YETI.
4S,
JAY L C09AELESON W
I2ATE
ACKNOWLEDGMENT
STATE OF IDACL COUNTY OF BANNOCK W
ON THIS jbtOAr IN THE YEAR2Wl BEFORE ME A
N0TARIC PIJBLLC, PERSONAL PEARTD KEVIN BOOTEE KNOWN OR
IDENTIREDTO ME TO BEAM SER OF THE LIMITED LABILITY COMPANY THA
EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED (.(A91EI'f,Y,G 4PANY
AND ACKROVJL=DGE13 TO ME THAT SUCH LIMITED UABIL�lIOYi��RT�Yjy tf.
EXECUTED THE SAME.
iTAOTA$y':'s
NOTARY PUB -
MYCAMM1 BION EXPIRES; - 'pJIBLLC+:=
s
FORT HALL. fRR1GA710H PROJECT ACCEPTANCE
WYE HAVE REVIEWED THE PLAT AND ACCEPTED THE RIGHT-OF-WAYS AS
SHCAtt 1,,,!!/�IL'QZ
CANAL� DA79
DECLARATION OFCOVENANTS,
CONDITIONS AND RESTRICTIONS
ARE RECORDED AS INSTRUMENT NUMBER ANDARE
HEREBY MACE A PART OF THE PLAT
CULINARY WATER
ALL LOTS IN THIS SUB MI.9ION ARE ELIGIBLE TO RECEIVE WATER FROM THE
CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM,
L TIM SHURTLIFF. SURVEYOR IN AND FOR BANNCKX0OUNTY, IDAHO, DO
HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS
SHOWN HEREON, AND HAVE DETERMINED THATTHE REQUIREMENT OF IDAHO
CODE 50-1305 HAVE BEEN MET. ARD T APPROVE THE SAME FOR FIUNG
IRIS •��OIMY OF� 200.
.. n
TIM SHURTUFF PL8977
COUNTY TREA$099R•S
CERTIFICATE
PURSUANT7050-1308, IDAHO OWE k RAOENB BARKER 00 HEREBY CERTIFY
THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY SONG
SUBC€VIOEO�EOTH OEUNQUENTT AND CURRENT, HAVE SEEN PAD IN FULL
THS,
�K4. xBak ks�
RADENE BARKER, COUNTY TREASURER DATE
COUNTYRECORDE" CERTIFICATE
I CALE HATCH DO CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE
OFFICE THE RECCRC F THE COUNTY F BANILOQI, I64H0 ON
THS 0AY Z� M. A7 THE REQUEST
OF AHD AS CULY RBCORCEOIN RECORD CF PLATS IN
S PAGE".
g C! m/
INSTRUMENT NO.
,.0 ` -/
DAL TGT- =NTY REOCROER)
THE GROVE -DIVISION NO. f
A SUBDIVISION LOCATED IN THE NORTHEAST
OUARTEROP SECTION B. TCWN SHM 5 $OUT( RANGE
34 EAST, BOISE MERIDIAN BANNOCKCOUNTY, IDAHO
�c�
CHUBBUCK
I a R � a
October 18, 2022
RE: Grove Subdivision, Division 1, Lot 13
Dear
Office of the Mayor
290 E. Linden Avenue, Chubbuck, ID 83202
20&237.2400 — Fax 208.237,2401)
www.cityofchubbuck.us
This letter- is written relative to the city owned land behind, or to the south, of your home. In 2007, the
Grove Subdivision, Division 1, was recorded with the County Recorder. Lot 13, Block l of this
subdivision sits behind your home and adjacent to the Redman Lateral Canal. The original developer had
planned to construct certain improvements on the site, but when the Recession hit in 2008, the land sat.
undeveloped and was later sold. The improvements were not made by the new developer, but Lot 13,
Black i was dedicated to the City of Chubbuck "far a recreation parl,drdinagc control, and any other
purpose deemed appropriate by the City of Chubbuck Council" and included a public utility, irrigation
and stormwater drainage easement,
As instructed by the City Council last month the Paries Department Director is now working nn a plan to
improve this area. In coming weeks, a Surveyor will be re -staking the City's Lot using the plat's legal
description to identify the boundary tine between your property and the City's Lot.
Some of this City Lot property has been used for gardens, trampolines, f`rrepits, landscaping and foncing,
among other uses_ By this letter we are asking that the residents remove anything they have placux9 uis the
City Lot by April 2023. This includes removal of anything placed below, on, or above ground, including
but not Limited to grass, sprinklers, fences, garden beds, recreational equipment, tables, chairs, firepits.
yard waste, sheds, flower beds, paver, cuncretelasphalt, wood, and trees. It is our intention to spray
preemergent on this lot in early spring. If you [cel that you need more time to accomplish this. please
contact us to make other arrangenicirts.
The City's desire is to identify pubtie inaprovemcnts to the Lot for the benefit of the city. Until then, i arty
committed to ensuring thit the City Lot is kept mowed and triinmed during the growing season.
Please let me know if you have any questions.
Respectfully,
Kevin B. England
Mayor
CHUBBUCK
1 0 0 H 0
Memo
To: Honorable Mayor & City Council
Community Services Department
290 E Linden Ave., Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
From: Devin Hillam, Community Services Director "
Kami Morrison, Municipal Services Program Administrator
Date: August 30, 2022
Re: City Property Use & Disposal Discussion at Council 9/21/22 — *This memo replaces an earlier one on the topic*
The City owns several properties, including parks, city hall, operations facilities, well/tank sites, etc., but there has been some
discussion about possibly disposing or otherwise leasing or using certain properties and now under new department
oversight, we seek Council guidance for how the governing body of the City would like to proceed with 4 properties.
To dispose of real property, the City Council is bound by requirements of Idaho Code section 50-1403 which requires the
following for any disposal of property:
1. A public hearing
2. Then- Council may proceed to exchange, convey, or offer for sale the real property in question subject to restrictions
of Idaho Code section 50-1401.
3. When selling, property shall be sold at public auction to the highest bidder and no bids shall be accepted for less
than the minimum declared value on the record at the public hearing of the council. If no bids are received, the
Council can sell in a way that it deems to be in the best interest of the City.
4. To exchange the property, must exchange for a property of equal value.
S. The City may transfer or convey the property to any tax -supported governmental unit, with or without consideration.
Alternatively, the Council may lease City property under terms it sees fit (e.g., Polder Park with Antler Ridge- long-term lease,
opened more amenities for public use, $0.01/year). However, if leased, the improvements and uses may not be taxed by the
Assessor since located on City property, therefore providing an unfair advantage to those leasees compared with other
property tax payers in the City.
J:\Administration\Community Services Dept Admin\Memos to Council\8.30.22 Memo to Council_re property disposal
wishes for properties.docx 1
-` 4k
Size: 2.37 acres
Site Characteristics:
• Property was dedicated to the City as park space in accordance with former city requirements for park acreage in
subdivisions. No federal funds were used to acquire the property. From concept of the subdivision, the space was
identified to be park.
• Contains 35' Fort Hall Irrigation Project canal right-of-way from southern boundary to the north.
• Site is used for stormwater collection and treatment for the development.
• Lot is covered in its entirety with a public utility, irrigation, and stormwater drainage easement.
• City has historically not been maintaining the property since accepting its dedication, apart from the frontage
landscaping. Given resources, Parks & Rec likely would just mow weeds a few times per year until park amenities
are funded and land is improved. Property owners were likely told they could do temporary improvements behind
their houses but that if asked to remove them by the City, they would need to. In 2018 the Public Works Director
was exploring disposing of the property with conditions that easements be maintained for utilities and stormwater
and for future greenway trail uses but no action was ever taken. As of this report, the adjoining neighbors have
encroached on the City's property, some with very large encroachments with elements such as vinyl fences, chicken
wire fences, grass, elaborate landscaping, gardens, seating areas, and firepit areas.
J:\Administration\Community Services Dept Admin\Memos to Council\8.30.22 Memo to Council_re property disposal
wishes for properties.docx 3
• Canal bank is within area where future canal trail is desired and not owning the property may create more conflict
than is necessary.
• Selling the property to the owners would require a survey to create new legal descriptions if the desire to sell small
portions to match existing lots. The City could, however, sell the entire lot as it currently exists, but it would be non -
buildable and would be required to be maintained as the stormwater collection area. If the Council chooses to
pursue the sale of individual portions of land, the Council should discuss who will pay the costs for the survey.
Moreover, given the fact that if disposed of, the properties would have to be auctioned to the highest bidder which
may mean that the property owners may not obtain their specific property there is a chance that an access easement
would need to be maintained should someone other than an adjacent owner win the highest bid.
• A petition has been provided by the adjacent residents stating that "everyone is in agreement of receiving a deed
to property south of their properties."
Staff Recommendation: Staff recommends exploring a long-term lease of the property with the HOA or an
association of just the applicable neighbors to ensure that when the canal trail can be built, no property ownership
issues arise and to ensure that the integrity of the stormwater collection area is maintained. Staff has not spoken
with any adjacent property owners regarding a long-term lease option, first desiring to learn whether the Council
was amenable to the idea.
J:\Administration\Community Services Dept Admin\Memos to Council\8.30.22 Memo to Council_re property disposal
wishes for properties.docx 4
137 72
6-clb-3
-- -- �a Ff'� 7r rnu�U
Property #2- RPRCTG1002200 located north of Sawtooth Ave. in The Grove Subdivision Div. 1
Size: 0.21 acres
Site Characteristics:
• Property was dedicated to the City as park space in accordance with former city requirements for park acreage in
subdivisions. No federal funds were used to acquire the property.
• Contains irrigation infrastructure associated with irrigation south of Sawtooth Avenue, which is owned and
maintained by the City.
• Lot is covered in its entirety with a public utility, irrigation, and stormwater drainage easement.
• In the past, at least one prior owner asked the City to consider selling the property.
• There do not appear to be any adjacent property owner encroachments on the property.
• City has historically maintained the property.
• Selling the property to the owners would require a survey to create new legal descriptions
Staff Recommendation: Staff recommends disposing or leasing of the property under conditions that the lot remain
non -buildable for primary uses (new single-family dwelling) and that whoever acquires the property relocates the
irrigation infrastructure to the park lot south of the road.
J:\Administration\Community Services Dept Admin\Memos to Council\8.30.22 Memo to Council_re property disposal
wishes for properties.docx 5