HomeMy WebLinkAboutItem #3 265 W Chubbuck/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
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Development Services Staff
Date: March 10, 2023
Re: Short Plat for 265 West Chubbuck Road Apartments
Applicant: Kurt Hathaway, House Buyers 208
2646 Limerick Circle
Idaho Falls, ID 83404
Professional Services: A & E Engineering
845 W. Center St., Suite E
Pocatello, ID 83204
Application: 265 West Chubbuck Road Apartments, approximately
1.18 acres with 1 commercial building lot. Located in the
NW'/4 of Section 10, Township 6 South, Range 34 East, of
the Boise Meridian, Idaho in Chubbuck, Idaho. Generally
located at 265 W. Chubbuck Rd.
Existing Zoning: General Commercial (C-2)
Existing Land Use: Residential / Pasture
Staff Report: The final plat for 265 West Chubbuck Road Apartments 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 (See recommended condition)
• 17.12.400:
o Proper access is provided to the property
• 17.12.210:
o A planning conference was held between applicant and city staff
o Developer has completed requirements determined at the planning
conference
• 18.08.042:
o Lots meet minimum lot standards in the General Commercial (C-2) zone
• 18.08.044:
o Lots do not meet the lot depth to width ratio in the General Commercial
(C-2) zone. Staff is supportive of the lot depth to width ratio deviation as
the lot is earmarked for further development subdivision.
0
• 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 a secondary pressurized irrigation system including pump station
in the next division of development.
o Construction plans/drawings be approved by the Development Services
Division.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for 265 West Chubbuck Road Apartments
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
laofk\
CHUBBUCK
I D A H O
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR 265 WEST CHUBBUCK ROAD APARTMENTS, APPROXIMATELY
1.18 ACRES LOCATED ON THE SOUTH SIDE OF W. CHUBBUCK RD., AT 265 WEST
CHUBBUCK ROAD
FACTS
REQUEST: The applicant proposes a 1 lot short plat for 1 building lot in the 265 West Chubbuck Road
Apartments subdivision. It includes extending water and sewer 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 final plat shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes.
OWNER:
Kurt Hathaway, House Buyers 208
2646 Limerick Circle
Idaho Falls, ID 83404
PROFESSIONAL SERVICES:
A & E Engineering
845 W. Center St., Suite E
Pocatello, ID 83204
LOCATION: NW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the south side of W. Chubbuck Rd. at 265 West Chubbuck
Road.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Residential / Pasture
PROJECT SIZE: ±1.18 acre
VIEWS: Generally visible from the north
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Single Family Residence
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
2020: Chubbuck Rd. at Afton PI., 11611/day
2021: Chubbuck Rd. at Misti Ave., 15846/day
NORTH: Residential; General Commercial (C-2)
EAST: Residential; General Commercial (C-2)
SOUTH: Residential, Agricultural; Limited Residential (R-2), General Commercial (C-2)
WEST: Commercial; General Commercial (C-2), Planned Unit Development (PUD)
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access from West Chubbuck Road
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
SURFACE WATER RIGHTS: Bureau of Indian affairs — Fort Hall Irrigation Project
PROCEDURES:
In accordance with City Code 17.12.200 and Resolution 2022-07, 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.
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 April 5, 2023 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
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):
/9470't-\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
a. Provide a secondary pressurized irrigation system including pump station in the next
division of development.
b. Construction plans/drawing be approved by the Development Services Division.
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 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 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
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.
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.
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of
lao'4-\
CHUBBUCKN 0
1 0
20
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
SHORT PLAT
265 WEST CHUBBUCK ROAD APARTMENTS
DEED INST. ,22204875 & #22201847.s IDAHO CREATIVE SOLUTIONS LLC,
LOCATED IN THE NW Y4 NW Y4., SECTION 10, T6S, R34E, B.M.,
BANNO CK COUNTY, IDAHO
*BASIS OF BEARINGS
40' 20' 0 40'
S 89°16'28" E between the found illegible aluminum cap monument
Scale 1"= 40' marking the Northwest corner of Section 10, and the North Y4
corner of Section 10, position calculated using reference
monuments shown on detail 1. Based on the Idaho State Plane
Coordinate system per Chubbuck Control Survey Inst. No. 20915791.
_ NW Y4 cor., Section 10
See Misti Manor 3rd Found illegible 2" cap
Addition Subdivision / CP&F Inst. #20520788
Inst. #98021253 /
Inst. #21003737 Inst. #22105387 Inst. #21607817
�ot�\ Inst. #21905639 \ I Jared Price I Jared M. Price I Jimy Morillon Vega
�o Clay M. H i rs ch i N 003'40' E 590.08' (R -DEED)
t N 0.03'40'E 590.08' (R -DP) 5' sidewalk easement Inst. #20012131
Eddie Seal Jr. Jo/ N 0'03'40" E 590.08' (R-RMESI)
Inst. #21311568 `�' N 0*02'45" E 589.84' Proposed 15 public utility easement T8
364.06' (R-RMESI) T 7
CD o
No��6Q11 �,T6 36
4.2 0'
�150.64
X
o�Ok<7:� 16'5('
.64'
o `�399.20 z 64 (R-RMESI)
(D 399.06(R-RME) -. 00 DED)
. 'E
00,
\\ ��/
C14N S
-
Existing building tioo�
0 0 0 /��0 `�%�pF�� �x (non -permanent) x Existing I
J og Existing building
9 1oj Lot 1, Block 1 -� building I
1.18 Acres f
D/ o a oo
471.30' (R-DEED)x 165.05' (R -DEED)
471.30' (R-RMESI)
- - - - 470.77' - - - - - - - 165.05' (R-RMESI)
T4 x X X x x x x ,- x x x - x
164.94
440.76 20' Proposed Utility Easement 149.94'
easemeat S 035' canl*02'40" W 660'72' 15' Proposed ROW to be dedicated T3 T2
Remembrance Pro erties LLC S00Y40'W 661.35'(R -DEED) to the Cit of Chubbuck to be used
P S 010T40" W 661.35' (R -DP) y
Inst. #22210745 S 003'40" W 661.35' (R-RMESI) as a public ROW in addition
S 002' W 661' (R-88) to the existing 25' ROW
Inst. #22204523
John and Mary
Aller Living Trust
Tangent
Table
Tangent
Bearing
Bearing
Distance
Distance
T1
S
0`02'40"
W
25.00'
T1 (R-RMESI)
N 003'40" E
S 003'40' W
35.00'
25.00'
TI (R -DP)
0`02'45"
S 003'40" W
10.00'
25.00'
TI (R -DEED)
0`02'45"
S 003'40' W
5.00'
25.00'
TI (R-88)
N 003'40" E
S 002' W
5.00'
25'
T2
S
0`02'40"
W
5.08'
T2 (R -RUM)
0`02'45"
S 010'40' W
25.00'
5.00'
T2 (R -DP)
N 00340' E
S 010'40' W
25.00'
5.00'
T3
S
0`02'40"
W
9.92'
T4
S
0`02'40"
W
30.02'
T4 (R -RUM)
N 892249' W
S 010'40' W
52.93'
30.45'
T4 (R -DP)
49°49'29"
S 0'03'40' W
67.43'
30.45'
T4 (R-RMES2)
65`28'10"
S 0 04 20' W
71.33'
31.50'
T5
S
89°04'39"
W
20.52'
T5 (R -RUM)
75°17'59"
S 897628' W
111.94'
20.00'
T5 (R -DP)
S 757759' E
S 897628' W
111.94'
20.00'
T5 (R -DEED)
42°41'03"
S 897628' W
72.16'
20.00'
T6
N
0°02'45"
E
35.00'
See Bonniebrae Acres Subdivision
Inst. #122992
Tangent Table
Tangent
Set Y2" dia. rebar with orange plastic cap stamped "PLS 12465"
Bearing
CD�4 Ll
Distance
T6 (R-RMESI)
-"'00
N 003'40" E
a W
35.00'
T6 (R -DP)
N
V•^°0%'%
l
N 003'40" E
found per R.O.S. Inst. #22110984
35.00'
T7
N
0`02'45"
E
10.00'
T8
N
0`02'45"
E
5.00'
T8 (R-RMESI)
A
N 003'40" E
- -
5.00'
T8 (R -DP)
Proposed right-of-way lines
N 003'40" E
5.00'
T9
N
0`02'45"
E
25.00'
T8 (R-RMESI)
Existing
N 00340' E
Existing fence lines
25.00'
T8 (R -DP)
(R-__)
N 003'40" E
#22202272
25.00'
T10
N
89°16'28"
W
52.71'
T10 (R -RUM)
- Records of Survey by Shurtliff
N 892249' W
Engineering, Inst. #'s 95018995,
52.93'
T11
N
49°49'29"
W
67.43'
T12
N
65`28'10"
E
71.33'
T12 (R-RMESI)
N 6528108' E
71.38'
T13
S
75°17'59"
E
111.94'
T13 (R-RMESI)
S 757759' E
111.94'
T14
S
42°41'03"
E
72.16'
(D
CA
r+
C
C
0
X_
0
a
West Y6 cor., on the -J
North line, Section 10
found illegible 2" aluminum cap
i CP&F Inst. #20527461
Found Y2" dia. rebar with
illegible pink plastic cap
See Detail 1
i
Yellowstone- Highway
North Y4 cor., Section 10 - --
See CP&F Inst. #21320661 North Y4 cor., Section 10
CP&F Inst. #21320661
Found Y2" dia. rebar with � _
illegible pink plastic cap I I Found Y2" dia. rebar with -
illegible pink plastic cap
Found PK nail
LEGEND
■
Set Y2" dia. rebar with orange plastic cap stamped "PLS 12465"
IN
CD�4 Ll
0
Lo
o�o00 00,-",�
-"'00
Found Y2" dia. rebar with yellow plastic cap stamped "PLS
a W
N�000
o�a�
N
V•^°0%'%
l
�
found per R.O.S. Inst. #22110984
Fi
Found 1" dia. pipe with no markings, found per plat of
Bonniebrae Acres, Inst. #122992
in 2021, Inst. #22110984.
�o�r
I00
rn
NoovQ
■
Found Y2" dia. rebar with no cap, found per R.O.S. Inst. #20200691
A
Section corner reference points (See noted description)
A
Calculated position, nothing set
- -
Property boundary lines
- Survey Plat for Misti Manor 3rd
Proposed right-of-way lines
- - - - - - - Canal easement lines
Existing right-of-way lines
- -
Existing easement lines
- -
Proposed easement lines
T1 25'
Existing
x
Existing fence lines
ROW
West Y6 cor., on the -J
North line, Section 10
found illegible 2" aluminum cap
i CP&F Inst. #20527461
Found Y2" dia. rebar with
illegible pink plastic cap
See Detail 1
i
Yellowstone- Highway
North Y4 cor., Section 10 - --
See CP&F Inst. #21320661 North Y4 cor., Section 10
CP&F Inst. #21320661
Found Y2" dia. rebar with � _
illegible pink plastic cap I I Found Y2" dia. rebar with -
illegible pink plastic cap
Found PK nail
LEGEND
■
Set Y2" dia. rebar with orange plastic cap stamped "PLS 12465"
0
Calculated Section corner positions (see detail 1)
0
Found 5/8" dia. rebar with illegible aluminum cap monument
■
Found Y2" dia. rebar with yellow plastic cap stamped "PLS
a W
10900", found per R.O.S. Inst. #20626207
Found Y2" dia. rebar with orange plastic cap stamped "LS 18971",
found per R.O.S. Inst. #22110984
Fi
Found 1" dia. pipe with no markings, found per plat of
Bonniebrae Acres, Inst. #122992
in 2021, Inst. #22110984.
Found 5/8" dia. rebar with aluminum lastic cap stamped "LS -977",
- Record of Survey by Dioptra,
found per plat of Misti Manor Inst. 21314037
■
Found Y2" dia. rebar with no cap, found per R.O.S. Inst. #20200691
A
Section corner reference points (See noted description)
A
Calculated position, nothing set
- -
Property boundary lines
- Survey Plat for Misti Manor 3rd
Proposed right-of-way lines
- - - - - - - Canal easement lines
Existing right-of-way lines
- -
Existing easement lines
- -
Proposed easement lines
Retraced survey lines
x
Existing fence lines
- -
Adjacent property lines
(R-__)
Record bearing/distance from reference documents listed in note 1
i
VICINITY MAP
NOTES
GENERAL
1. Fort Hall Irrigation Project has a 35 -foot wide
right-of-way from centerline for the Stuart Lateral
Canal. No modifications or encroachment within
the limits of the United States right-of-way for
Stuart Lateral Canal will be allowed without prior
written approval by the Bureau of Indian Affairs.
2. The 35 -foot right-of-way from centerline will also
serve as a dedicated easement to the City of
Chubbuck for access and recreation conditional
upon written approval from the Bureau of Indian
affairs."
ZONING
Property is zoned as General Commericial (C-2).
FLOOD PLAIN
Property is located in flood zone X (area of
minimal flood hazard) per FEMA Flood Panel
16005CO236D 07/07/2009
REFERENCE DOCUMENTS
- Deed Instrument numbers on file at
(R -DEED)
the Bannock County Recorder's Office:
.
Cr, cz,�
21311568, 21607816, 21607817,
a W
21905639, 22105387, 22201846,
22201847, 22204523, 22204874,
013
tititi
mAll
I �-����
in 2021, Inst. #22110984.
�(A c
- Record of Survey by Dioptra,
N_
completed in 2006, Inst. #20626207.
- Record of Survey by Shurtliff
Engineering, completed in 2000, Inst.
i
VICINITY MAP
NOTES
GENERAL
1. Fort Hall Irrigation Project has a 35 -foot wide
right-of-way from centerline for the Stuart Lateral
Canal. No modifications or encroachment within
the limits of the United States right-of-way for
Stuart Lateral Canal will be allowed without prior
written approval by the Bureau of Indian Affairs.
2. The 35 -foot right-of-way from centerline will also
serve as a dedicated easement to the City of
Chubbuck for access and recreation conditional
upon written approval from the Bureau of Indian
affairs."
ZONING
Property is zoned as General Commericial (C-2).
FLOOD PLAIN
Property is located in flood zone X (area of
minimal flood hazard) per FEMA Flood Panel
16005CO236D 07/07/2009
REFERENCE DOCUMENTS
- Deed Instrument numbers on file at
(R -DEED)
the Bannock County Recorder's Office:
21003735, 21003736, 21003737,
21311568, 21607816, 21607817,
21905639, 22105387, 22201846,
22201847, 22204523, 22204874,
22204875, 22210743, 22210744,
22210745.
- Record of Survey by RMES, completed (R-RMESI,
in 2021, Inst. #22110984.
- Record of Survey by Dioptra,
(R -DP)
completed in 2006, Inst. #20626207.
- Record of Survey by Shurtliff
Engineering, completed in 2000, Inst.
#20011345.
- Survey Plat for Misti Manor 3rd
Addition by Shurtliff Engineering,
completed in 1998, Inst. #98021253.
- Survey Plat for Yellowstone Commons
- Division 2 by RMES, completed in
2013, Inst. #21314037.
- Survey Plat for Bonniebrae Acres,
(R-88)
completed in 1926, Inst. #122992.
- Linden Cove Subdivision Inst.
(R-88)
#22202272
- Record of Survey by Summit Land
(R -SLS)
Surveying, completed in 2018, Inst.
#21808529
- Records of Survey by Shurtliff
(R -SE)
Engineering, Inst. #'s 95018995,
96020354, & 98021253
- Record of Survey by Dioptra,
(R-DP2)
completed in 2019, Inst. #21903892
Hancock Park Subdivision, completed (R-DP3)
in 2003, Inst. #20400128
Prepared for House Buyers 208, LLC and Idaho Creative Solutions
LLC Inst. #22204875 & #22201847, located in the NWY4 NWY4,
Section 10, T6S, R34E, B.M., Bannock County, Idaho.
SHORT PLAT
265 WEST CHUBBUCK ROAD APARTMENTS
DEED INST. ,22204875 & ,22201847, IDAHO CREATIVE SOLUTIONS
LOCATED IN THE NW Y4 NW Y4., SECTION 10, T6S, R34E, B.M.,
BANNOCK COUNTY, IDAHO
I in, InT, MaII111*16 a
A parcel of land located in the Northwest Ya of Section 10, Township 6 South, Range 34 East,
Boise Meridian, Bannock County, Idaho, being more particularly described as follows:
Beginning at the West Y6 corner on the North line of Section 10, being marked by a found 5/6"
diameter illegible aluminum cap monument as described in corner perpetuation and filing record
Inst. #20527461 on file at the Bannock County Recorders office:
Thence South 0°02'40" West a distance of 25.00 feet to a point on the existing Southerly
right—of—way line of West Chubbuck Road, also being the Northwest corner of Lot 6 of
Bonniebrae Acres Subdivision Inst. #122992;
Thence continuing South 0°02'40" West along the West line of said Subdivision, a distance of
164.94 feet to a point being marked by a found Y2" diameter rebar with an orange plastic cap
stamped "LS -18971 ";
Thence continuing South 0°02'40" West along the West line of said Subdivision, a distance of
470.77 feet to a point being marked by a found Y2" diameter rebar with no cap, presumed to
have been set per the Misti Manor 3rd Addition Subdivision Inst. #98021253, said point also
being the Northeast corner of Yellowstone Commons — Division 2 Subdivision Inst. #21314037;
Thence North 89'04'39" West along the north line of said Subdivision, a distance of 20.52 feet
to a point being marked by a found Y2" diameter rebar with a yellow plastic cap stamped "PLS
10900", said point also being on the centerline of the Stuart Lateral Canal;
Thence North 47'17'01" West along the centerline of said canal, a distance of 96.18 feet to the
Southeast corner of the lands of Clay M. Hirschi as described in Deed Inst. #21615638;
Thence North 0°02'45" East a distance of 399.20 feet to a point being marked by a found Y2"
diameter rebar with an orange plastic cap stamped "LS -18971";
Thence North 0°02'45" East a distance of 165.64 feet to a point of the existing Southerly
right—of—way line of said West Chubbuck Road;
Thence continuing North 0'02'45" East a distance of 25.00 feet to a point on the North line of
said Section 10;
Thence South 89°16'28" East a distance of 84.02 feet to the Point of Beginning
said parcel containing ±1.18 acres.
NARRATIVE
The purpose of this survey is to verify on the ground the lands described in Deed Inst. #'s
22204875 and 22201847 and to combine the parcels into a single Lot.
The said Lot was defined by Record of Survey (ROS) Inst. #22110984 and retraced by my crew
with measurements shown on plat and accepted by me. Sectional control monuments were also
tied and verified to said parcels. The only monument not recovered was the southwest sidewalk
easement corner (sidewalk easement Inst. #20012131). This position was re—established by
running a line between two found monuments on the west line of the said parcels and
extending that line to the intersection point with a southerly 30' offset line of the centerline of
Chubbuck Road.
Marked on this plat is a proposed additional 15' of Chubbuck Road Right—of—Way per the City
of Chubbuck request.
OWNERS' CERTIFICATE
KNOW 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 blocks,
lots and streets to be hereafter known as 265 West Chubbuck Road Apartments. 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, lots and streets 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 rights—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's 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 benefitted 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.
(Owner) (Owner)
ACKNOWLEDGMENT
State of Idaho, County of Bannock
On this day of 20
appeared before me, a notary
public in and for said state, personally appeared known to me to be the person whose name
subscribed to the within instrument, and acknowledged to me that he/she executed the
same.
Notary public
Residing at-----------------, Idaho Comm. expires
State of Idaho, County of Bannock
DEVELOPMENT AGREEMENT
The City of Chubbuck development agreement recorded as Instrument No.
hereby made part of this plat.
SURVEYOR'S CERTIFICATE
CITY OF CHUBBUCK
LLC,
The plat on which this certificate appears is hereby approved and the dedications are hereby
accepted by the city of Chubbuck, Idaho, this day of 20
Kevin England, Mayor
Joey Bowers, City Clerk
Bridger Morrison, Engineer for the City
COUNTY SURVEYOR'S CERTIFICATE
I, 'Surveyor in and for Bannock County, Idaho, do hereby certify
that I have checked this plat and computations hereon, and have determined that the
requirements of Idaho Code 50-1305 have been met, and I approve the same for filing this
day of 20
County Surveyor PLS
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
COUNTY RECORDER'S CERTIFICATE
FORT HALL IRRIGATION PROJECT ACCEPTANCE CERTIFICATE
Fort Hall Irrigation Project has reviewed the plat and accepted the easements as shown.
Authorizing Authority Date
IRRIGATION CERTIFICATE
Lands within this plat are entitled to irrigation water supplied by Fort Hall Irrigation Project.
The irrigation water rights remain within the land and the City of Chubbuck shall be appointed
to act as agent, as described in the records of Bannock County under Instrument
are No. . Per Idaho Code section 31-3805, it is undetermined how the
delivery of irrigation water from the Project to the lot will occur. Until that time, no
assessment shall be levied from City of Chubbuck against the lot owner.
I, Damon Rush, a registered Professional Land Surveyor 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, and that the pertinent provisions of the statues of the
State of Idaho, together with all local ordinances pertaining thereto, have been complied with.
SANITARY RESTRICTIONS
Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied.
Sanitary restrictions may be reimposed, in accordance with Section 50-1326, Idaho Code, by
the issuance of a certificate of disapproval.
Sanitary restrictions are satisfied and lifted this --------day of ----------, 20----.
Southeast Idaho Public Health
CULINARY WATER
All Lots in the Development are eligible to receive water from the existing City of Chubbuck
municipal water system.
Prepared for House Buyers 208, LLC and Idaho Creative Solutions
LLC Inst. #22204875 & #22201847, located in the NWY4 NWY4,
Section 10, T6S, R34E, B.M., Bannock County, Idaho.