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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.