HomeMy WebLinkAboutItem #1 Grove Propertiesla'O'e\
CHUBBUCK
1 A A H A
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: May 10, 2023
Re: Public Hearing regarding disposal of Lot 13 Block 1 and Lot 3 Block 3 of The Grove — Division No. 1
In April, the Council direct staff to move forward with scheduling a public hearing to determine whether to
dispose of 2 lots in the Grove and if disposed, what conditions should be attached. Attached is the plat and code
reference pertaining to the public hearing item.
Attached:
1. Grove No. 1 Plat
2. Idaho Code Title 50 Chapter 14
J:\Administration\00 Community Services Dept Admin\Memos to Council\Final_Grove Properties Public
Hearing_dbh_5_10_2023.docx 1
THE GROVE - DIVISION NO. 1
877-
X33'4
A SUBDIVISION LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6
NORTHEAST CORNER SEC. 8,
NEWLANO lv / 84_ 1 _ E SOUTH, RANGE 34 EAST, BOISE MERIDIAN BANNOCK COUNTY, IDAHO FOUND ALUMINUM CAP IN
OEVELO1PAfENTLLC. / 81 1 =� S 82°13'14' E 260, NST. NO.'S CORNER
5 4
/NST. N0.2Y�lS>47>7 .� /p� 88.82' - 97 8 9
�� t\ ° „ AND 20520360.
/o• 80.Or - � � N 86 6 32 E BASIS OF BEARING
0V ��� 0. ACRES v�' 3 82.08' - �' X8.67 l 3?\ SS. PER IDAHO STATE PLANE COORDINATE SYSTEM - EAST
/ ° N 5 " ?�• �B°� ZONE. GPS OBSERVATION COMBINATION FACTOR OF
L2 C 7 N 0.23ACRE5 M 3 \�%, 1.0002579939. COORDINATES ARE BASE ON (IDPO CORS).
" 3 \ \` GRAPHIC SCALE
a \ A
M C? 3 ? 40 59` \ , 0.25 CRES °� ' .3 2 3 1?� ?rr 8 3' EASEMENT -60 0 30 60 vrn
p121.23'
5 \ 0.22 ACRES a 0.26 ACRES Sys \ !' (SEE NOTE 5) I
Z C6 9J9\ \ f5 EASEMENT�a� .-"ry(IN FEET)
(SEE NOTE 1) BLOCK2 � 7 NEWLANO
41. J0� � 0.26 ACRES ' / OEliELOtoMENTLLC. 1 Inch = 60 R
_ _ P.O.B.
/NST. N0.2YU>47>7
C2 0 ° C2 5 18.90' 85.78' 38.92'
r? �4?4" �a ?S' S_89°45'03" E 193.00'
C22 29.08/, 7 50.01' VICINITYMAP
Iti cz � � ^0 2S, v
G 6.23' 2 / SA`%%`O'081 c0 C?B L'?8 4.10' � 303 13.91'
I�'/� �� �" I LEGEND
Tyts%' C5 N 89°15'33. W L6 Q 83�5� 03•. w
=o' o i2 \ \ Qp. �- 143.60' C4 ,ry h �O` ���� ems' � ,4 0 N FOUND SECTION CORNER AS NOTED
o
p 0.20 ACRES \ �\ ?S??C 19 ,ate C' r`/ 1 3 84.6, $ ACRES v-
0.30 N I
s s 0.24 ACRES 0.20ACRES 80.01 81.08 r /_ W cn BLOCK 3 I FOUND 1/4 CORNER AS NOTED
----8 Cl�,?° \?9' �_J r 2 ' N 1/18 CORNER ON
2.53 -r N ' THE EAST LINE OF
Z L10 ` �� ACRES 15' EASEMENT ` 3� A�>S" Q� 10 ' co ^ 0.25 ACRES 4 N 89°50'15" E 128.64' (SEE NOTE 3) SEC. 8. FOUND 2 INCH
(SEE NOTE 1) \ s co ° •- ALUMINUM CAP, SEE � FOUND 1/16 CORNER AS NOTED
° 11L,? 15 EASEMENT •- 3 �� CORNER PERP. INST.
�% N 1/18 LINE _ `0` - 0.20 ACRES - 8 - S 89 59_36 W - - ��? 4_•\?9� - 9 38'8 (SEE NOTE 1)-Z 0.21 ACRES 3 - - NO. 765499 • SET 5/8 INCH BY 30 INCH REBAR
N 7?° N 0.21 ACRES c� 2857.21' (SEE NOTE 4) G3
(EE NOTE 7) (RMES PELS 234 ) 'CAP STAMPED
ci s C �9. S WITH 2 INCH ALUM
\ ?5 % 8 r p, 3 61 \ c �f W6;WET R 1
\ .02, 40 0.21 ACRES \ 2 58.79' *VN4BB/NST.
0.23 ACRES
261` 41.78' _ 80.18' o L'7 N r?°/4, C3 j C303 C� 89°20'24" E � -W>a" ' SET 5/8 INCH BY 12 INCH REBAR
° --80.18. _{ BLOCK 1 \Cl- 04s 3 Sq�,1 /)�94"W M WITH 2 INCH ALUM. CAP STAMPED
\ \ N 88 08,5 W 202.14' /,/_ O (RMES PELS 2341)
\ LX/ANEANOKAY ♦ C 4 0
fL�LL //KST. ♦ \ 3' EASEMENT \ \ c` li T OTti - C2J Gg M °)
9>O>1G�? ` ♦ ` \ \ (SEE NOTE 5) Seo?S• 5 ?� ■ SET WITNESS CORNER ON RIGHT OF
\ �5 ( W �, WAY LINE, 35 FEET FROM
N 1/18 CORNER ON THE \ 39, \ 0.22 ACRES 9 C9 C, 1 �? = w W CENTERLINE OF REDMAN LATERAL
MERIDIONAL CENTERLINE OF \ ♦ '♦ ` \ 13 ri \ �C4? C11 N 3 M CANAL (5/8 INCH BY 30 INCH REBAR
SEC. 8. FOUND 2 INCH \ 36'\ f W O M WITH ALUMINUM CAP STAMPED,
ALUMINUM CAP, SEE CORNER \ ♦ \ (E1) s� '4 iv r- � � RMES PELS 2341)
PERP. INST. NO. 765497 \ \ ♦ \ 2.37 ACRES S \.ps 0.21 ACRES N W O
\ (SEE NOTE 4) `ss°
\
70 9 3 i ? ' ♦ SET WITNESS CORNER ON RIGHT OF
\ 3• \
\ \ \ 3 �, `�, 0.21 ACRES � 2 c� 0.22 ACRES $ � WAY LINE, 35 FEET FROM
♦ \ Sa 0.21 ACRES
/ CENTERLINE OF REDMAN LATERAL
X91•?4' \ - �'�3` $ Z CANAL (1/2 INCH BY 24 INCH REBAR
(SEE NOTE 8))� ♦ ♦Oil, WITH \ _ a WITH PLASTIC CAP STAMPED, RMES
\ sg 43,98, o \ IN .216
4 X84 02, 12.99, J _ •� -
PELS 2341)
♦T�
C-1
\ \ 8251 v r 15• W 149'69' & -}- SET 1/2 INCH BY 24 INCH REBAR
S 80 ' WITH PLASTIC CAP STAMPED (RMES
\ftlo\ \ N PELS 2341) AT LOT CORNERS AND
\ \ ♦ ` - \ � END OF CURVES
\
r� ENGINg ` \ \ ♦ ♦ ` \ e SUBDIVISION BOUNDARY LINE
GIs &WAiXXCOYJNTY �- \
"' WARRANTYOEEO \ ♦ ♦ \ \ SUBDIVISION LOT LINES
REFERENCE DOCUMENTS IA.341 /NST. No \ \ \ ` ♦ ♦ \ \ 50, - SECTION LINE/STREET CENTERLINE
(-S0 RECORD DISTANCE AND BEARING PER RECORD OF o' A'J�•I (�O �►
, -� \ (SEE NOTE 3)
SURVEY FOR DERAE TRAUGHBER, INST. NO. 92012646 �9 F 36 EXISTING PROPERTY LINES
y4 coRNEt�S°1`,. CURVE TABLE \ ♦ ♦ \
\ �♦ - - EASEMENT SIDELINE (SEE NOTE 1)
NUMBER RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD DIRECTION CHORD LENGTH
NOTES:
1. 15 FEET WIDE EASEMENTS ARE FOR PUBLIC UTILITIES, DRAINAGE, PUBLIC PEDESTRIAN TRAVEL AND SIDEWALK, A
PORTION OF THE PLANTING STRIP, AND ROADWAY SLOPES, UNLESS OTHERWISE NOTED.
2. A 66 FOOT BY 22 FOOT TEMPORARY EASEMENT IS FOR VEHICLE TURN AROUND AND PUBLIC UTILITIES. THE
EASEMENT WILL TERMINATE AFTER THE NEXT SUBDIVISION ADJOINING TO THE BOUNDWY LINE F T IS SUBDIVISION
IS COMPLETE. THIS EASEMENT IS RECORDED AT BANNOCK COUNTY UNDER INST. NO. JQ�i B 3 .
3. PHILBIN RD. RIGHT OF WAY TO BE EXPANDED TO 50 FEET ON EACH SIDE OF THE CENTERLINE.
4. LOT 13, BLOCK 1 AND LOT 3, BLOCK 3 ARE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATION PARK,
DRAINAGE CONTROL, AND ANY OTHER PURPOSE AS DEEMED APPROPRIATE BY THE CITY OF CHUBBUCK COUNCIL.
THE SAID LOTS ARE COVERED IN THEIR ENTIRETY WITH A PUBLIC UTILITY, IRRIGATION, AND STORM WATER
DRAINAGE EASEMENT.
5. 3 FOOT WIDE EASEMENT ARE FOR IRRIGATION MAINLINES.
6. FORT HALL IRRIGATION PROJECT HAS A 70 FOOT WIDE RIGHT OF WAY, 35 FEET EACH SIDE OF THE CENTERLINE OF
THE REDMAN LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES
RIGHT OF WAY FOR THE REDMAN LATERAL CANAL WILL BY ALLOWED WITHOUT PRIOR WRITTEN APPROVAL BY THE
BUREAU OF INDIAN AFFAIRS.
7. THE EFFECTS AND CONDITIONS OF THE EASEMENTS GRANTED TO J.R. SIMPLOT COMPANY AND FMC CORPORATION
IN INST. NO.S 450887 AND 452722, WHICH COVERS ALL PROPERTY IN THIS SUBDIVISION SOUTH OF THE 1/16TH LINE.
8. MAILBOX LOCATIONS TO BE PLACED ON THE EXTENSION OF THE ADJOINING LOT LINES OF (LOTS 8 AND 9, BLOCK 1)
AND (LOTS 3 AND 4, OF BLOCK 1).
- - - - - - - - EASEMENT SIDELINE (SEE NOTE 5)
\
\ - RIGHT OF WAY (SEE NOTE 6)
4 LOT NUMBER
I (R) RESTRICTED LOT (SEE NOTE 4)
E QUARTER CORNER OF SEC.
8 FOUND ALUMINUM CAP, SEE J MAILBOX LOCATIONS (SEE NOTE 8)
CORNER PER. INST. NO.'S 8 9
743580 AND 20520368
RECORDING INSTRUMENT NO.
LINE TABLE
NUMBER DIRECTION
DISTANCE
L1
N 17.48'42" E
59.84
C1
150.00
29'35'53"
77.49
39.63
S 74'3228' W
78.63
C2
145.00
48'01105"
121.52
64.59
N 83'45'04' E
118.00
C3
150.00
18'32'08'
48.53
24.48
S 62'58'20' E
48.31
C4
150.00
35'33'17
93.08
48.09
N 71'28'54"W
91.60
C5
150.00
17'0119"
44.56
22.44
S 80'44'58' E
44.39
C8
350.00
16'23'41'
100.15
50.42
N 80'26'14' W
99.81
C7
383.00
08.0942"
54.50
27.30
S 84.33'29" E
54.46
C8
117.00
14007'31"
28.84
14.50
N 68'48'16" E
28.77
C9
178.00
48'01'05"
149.18
79.28
3 83.45'04" W
144.85
C10
178.00
13020'12"
41.43
20.81
N 66'2437" E
41.34
C11
178.00
26002'03'
80.88
41.15
S 86'05'44" W
80.19
C12
178.00
08'38'50"
26.86
13.46
N 76'3349' W
26.84
C13
183.00
118032W
59.20
29.86
S 82'58'20" E
58.94
C14
183.00
07'18'32"
23.34
11.69
N 68'35108" W
23.33
C15
183.00
1I'll 3W
35.86
17.99
N 59' 19'04" W
35.80
C18
117.00
35'33'17"
72.60
37.51
N 71'28'54" W
71.44
C17
117.00
26' 13'25"
53.55
27.25
N 66'48'58" W
53.08
C18
117.00
09' 19'52'
19.05
9.55
N 81'35'37" W
19.03
C19
183.00
17.01'09"
54.36
27.38
S 80.44'58" E
54.16
C20
317.00
16'23'41"
90.71
45.87
N 80'26'14" W
90.40
C21
317.00
02'5343"
18.02
8.01
S 73'41'15" E
18.02
C22
317.00
13'29'58"
74.69
37.52
N 81'53'06" W
74.52
C23
1383.00
16'23'41"
109.59
55.17
N 80'26'14" W
109.22
C24
383.00
08'14'29"
55.09
27.59
S 76'21'38" E
55.04
C25
117.00
17'01'09"
34.75
17.51
N 80'44'58' W
34.63
C26
183.00
35'33'17"
113.56
58.68
S 71'28'54' E
111.75
C27
183.00
15'21'58"
49.08
24.69
S 81'3434" E
48.93
C28
1183.00
20'11'19"
64.48
32.58
S 63'47'56' E
64.15
C29
117.00
18'32'08"
37.85
19.09
N 62'5820'W
37.69
C30
112.00
48.01'05"
93.86
49.89
N 83'45'04" E
91.14
C31
112.00
13'53'24"
27.15
13.64
N 79'11'06' W
27.09
C32
112.00
34'07'41"
166.71
34.38
N 76'48'21' E
65.73
C33
183.00
23'20'32"
174.55
37.80
N 71.2447' E
174.04
- - - - - - - - EASEMENT SIDELINE (SEE NOTE 5)
\
\ - RIGHT OF WAY (SEE NOTE 6)
4 LOT NUMBER
I (R) RESTRICTED LOT (SEE NOTE 4)
E QUARTER CORNER OF SEC.
8 FOUND ALUMINUM CAP, SEE J MAILBOX LOCATIONS (SEE NOTE 8)
CORNER PER. INST. NO.'S 8 9
743580 AND 20520368
RECORDING INSTRUMENT NO.
LINE TABLE
NUMBER DIRECTION
DISTANCE
L1
N 17.48'42" E
59.84
L2
S 88'38'05" E
21.23
L3
S 33'27'44" W
7.23
L4
N 05'28'38" E
57.14
L5
N 88.38'05" W
21.23
L6
N 79'5244' E
43.46
L7
N 10007'16" W
41.36
L8
N 41'12'44" E
40.05
L9
N 53'23'47" W
47.75
L10
N 88'38'05" W
37.43
L11
N 01'21'55" E
66.00
L12
N 53'42'16" W
24.81
THE GROVE - DIVISION NO. 1
BOUNDARY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6
SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, THENCE SOUTH 00039'36"
EAST, ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 1191.38 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00039`38" EAST, ALONG SAID EAST LINE, A DISTANCE OF 503.01
FEET TO THE CENTERLINE OF REDMAN LATERAL CANAL;
THENCE NORTH 72°11'18" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 1143.95 FEET;
THENCE NORTH 17048'42" EAST, A DISTANCE OF 59.84 FEET;
THENCE NORTH 00000'00" WEST, A DISTANCE OF 107.36 FEET;
THENCE NORTH 01021'55" EAST, A DISTANCE OF 68.00 FEET;
THENCE SOUTH 88038'05" EAST, A DISTANCE OF 21.23 FEET TO A POINT OF TANGENCY WITH
A 383.00 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 01°21'55" WEST;
THENCE FOLLOWING SAID CURVE IN A CLOCKWISE DIRECTION THROUGH A CENTRAL
ANGLE OF 08009'12"WITH AN ARC LENGTH OF 54.50 FEET, (THE CHORD OF SAID CURVE
BEARS SOUTH 84033'29" EAST A DISTANCE OF 54.48 FEET);
THENCE NORTH 27°13'33" EAST A DISTANCE OF 100.19 FEET;
THENCE SOUTH 77033'47" EAST A DISTANCE OF 84.81 FEET;
THENCE SOUTH 82013'14" EAST A DISTANCE OF 250.97 FEET;
THENCE NORTH 85038'32" EAST A DISTANCE OF 78.67 FEET;
THENCE SOUTH 58032'16" EAST A DISTANCE OF 211.81 FEET;
THENCE SOUTH 33°27'44" WEST, A DISTANCE OF 7.23 FEET;
THENCE SOUTH 73031'03" EAST, A DISTANCE OF 168.20 FEET;
THENCE NORTH 05028'38" EAST, A DISTANCE OF 57.14 FEET;
THENCE SOUTH 89045'03" EAST, A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING;
CONTAINING 9.68 ACRES, MORE OR LESS.
OWNERS CERTIFICATE
KNOW ALL MEN BY THE PRESENT THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF
LAND DESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE
SUBDIVIDED INTO BLOCKS AND LOTS AND STREETS TO BE HEREAFTER KNOWN AS THE
GROVE SUBDIVISION - DIVISION 1 (A SUBDIVISION IN BANNOCK COUNTY). IT IS THE
INTENTION OF THE OWNERS TO INCLUDE ALL THE DESCRIBED PREMISES IN SAID PLAT AND
THAT SAID PREMISES ARE TO BE DIVIDED INTO BLOCKS AND LOTS AND STREETS AS
SHOWN AND THAT THE LOCATION AND DIMENSIONS OF SAID BLOCKS AND LOTS AND
STREETS ARE AS SHOWN ON SAID PLAT. ALL STREETS AND EASEMENTS DEPICTED ON
THIS PLAT, ARE HEREBY DEDICATED TO THE PUBLIC FOR PUBLIC USE UNLESS OTHERWISE
INDICATED; AND RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR THE PUBLIC
FOR SUCH FACILITIES FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT
NOT LIMITED TO POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE
REQUIRED FOR SUCH PUBLIC OR 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. IMPROVEMENTS IN SUCH AREAS ARE SIMILARLY DEDICATED.
RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED SHALL PASS TO THE PUBLIC
BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED.
THIS PLAT IS GOVERNED BY THE LAND DEVELOPMENT ORDINANCE 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.
IN WITNESS WHEREOF WE OWNERS DO HEREUNTO SET OUR HANDS.
NEW D DEVEL
0 MENT, LLC
A�
KE WN BOOTH, MBER
A SUBDIVIAION LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6
SOUTH, RANGE 34 EAST, BOISE MERIDIAN BANNOCK COUNTY, IDAHO
IRRIGATION CERTIFICATE
THE PROPERTY INCLUDED IN THIS PLAT WILL RETAIN ALL WATER RIGHTS WITH
THE FORT HALL IRRIGATION PROJECT.
CITY OF CHUBBUCK
THE PLAT ON WHICH T IS CERTIFICATION A PEARS IS HE.jEBY APPROVED BY
:TH!�e
CITY OF CHUB , IDAHO, THIS 1� OF` 007.
S EVEN M HNG ND gYOR) STE N M. SMART (CIT7 ENGINEER)
AIA (16 0
RON C. CONLIN (CITY CLERK)
SANITARY RESTRICTIONS
A SANITARY RESTRICTION IS IN FORCE PER IDAHO CODE 50-1326 TO 50-1329 ON
THIS PLAT. NO BUILDING, DWELLING, OR SHELTER SHALL BE ERECTED UNTIL
SANITARY RESTRICTION REQUIREMENTS ARE SATISFIED AND LIFTED.
SANITARY RESTRICTIONS ARE SATISFIED AND LIFTED THIS 1-_ DAY
OFA—
SOUTHEAST DISTRICT HEALTH DEPARTMENT
SURVEYOR'S CERTIFICATE
I, JAY L. CORNELISON, A REGISTERED LAND SURVEYOR OF 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.
C31 N�FR
o►sT � -r—1 �- d 7
JA L. C04MELISON u �, DATE
0 N 2341 LL0
a .A Z.din
.v�y �� o F \oma
coRNrer.\0
ACKNOWLEDGMENT
STATE OF IDAHO, COUNTY OF BANNOCK, SS
ON THIS 1 DAY OF , IN THE YEAR 2001 BEFORE ME A
NOTARY PUBLIC, PERSONALE PPEARED KEVIN BOOTH, KNOWN OR
IDENTIFIED TO ME, TO BE A MEMBER OF THE LIMITED LIABILITY COMPANY THAT
EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED -3 II osAPANY
AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILlQ
EXECUTED THE SAME. ,•v ; '•,9�
. N OTA 101
NOTARY PUB
RESIDING IN:
MY COMMISSION EXPIRES:—
.,��is��T� OF 14P�p`s
;//III I I 111"0\
FORT HALL IRRIGATION PROJECT ACCEPTANCE
WE HAVE REVIEWED THE PLAT AND ACCEPTED THE RIGHT-OF-WAYS AS
SHOWN.
CANAL COM ANY DATE
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ARE RECORDED AS INSTRUMENT NUMBER AND ARE
HEREBY MADE A PART OF THE PLAT
CULINARY WATER
ALL LOTS IN THIS SUBDIVISION ARE ELIGIBLE TO RECEIVE WATER FROM THE
CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM.
COUNTY SURVEYOR'S CERTIFICATE
I, TIM SHURTLIFF, 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
THISAXe DAYOF .\wit -,200:j.
TIM SHURTLIFF PLS
COUNTY TREASURER'S
CERTIFICATE
PURSUANT TO 50-1308, IDAHO CODE. I, RADENE BARKER DO HEREBY CERTIFY
THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING
SUBDIVIDED,, OTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL.
THR UGH
RADENE BARKER, COUNTY TREASURER DATE
COUNTY RECORDER'S CERTIFICATE
I DALE HATCH DO CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE
OFFICE F THE RECORDIR OF THE COUNTY OF BANNOCK, IDAHO ON
THIS DAY OK (A 2001 ATA M. AT THE REQUEST
OF AND WAS DULY RECORDED IN RECORD OF PLATS IN
BOOK PAGE ./
tf1xr -'/
INSTRUMENT NO.
DALE ATCH (COUNTY RECORDER)
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 14
CONVEYANCE OF PROPERTY
50-1401. REAL PROPERTY OWNED BY CITIES -- METHOD OF CONVEYANCE OR EX-
CHANGE. It is the intent of this chapter that cities of the state of Idaho
shall have general authority to manage real property owned by the city in
ways which the judgment of the city council of each city deems to be in the
public interest. The city council shall have the power to sell, exchange or
convey, by good and sufficient deed or other appropriate instrument in writ-
ing, any real property owned by the city which is underutilized or which is
not used for public purposes.
[50-1401, added 1967, ch. 429, sec. 244, p. 1249; am. 2001, ch. 331,
sec. 1, p. 1161.]
50-1402. DECLARATION OF VALUE OF PROPERTY. Whenever the city council
proposes to convey, exchange or offer for sale any real property, it shall
first declare the value or minimum price, if any, it intends to receive as a
result of such conveyance or exchange. The city council may contract for or
provide that the property be appraised under such terms and conditions as may
be deemed appropriate by the city council. The declaration, either in the
form of a minimum dollar value, or an explanation of an intended exchange or
conveyance for other than monetary consideration shall be made on the record
at a public meeting of the council. The city council may also declare that
the subject property will be offeredfor sale without establishing a minimum
price.
Following a declaration of intent to sell or exchange real property, the
clerk of the city shall publish a summary of the action taken by the city
council in the official newspaper of the city and provide notice of a public
hearing before the city council. Notice of the public hearing concerning the
proposed exchange or conveyance shall be published in the official newspaper
of the city at least fourteen (14) days prior to the date of the hearing.
[50-1402, added 1967, ch. 429, sec. 245, p. 1249; am. 2001, ch. 331,
sec. 2, p. 1162.]
50-1403. DISPOSITION AFTER HEARING. After a public hearing has been
conducted, the city council may proceed to exchange, convey or offer for
sale the real property in question, subject to the restrictions of section
50-1401, Idaho Code. The city council shall be governed by the following
provisions:
(1) When the property is offered for sale, the property shall be sold at
a public auction to the highest bidder and no bids shall be accepted for less
than the minimum declared value previously recorded on the record at a public
meeting of the council, provided however, if no bids are received, the city
council shall have the authority to sell such property as it deems in the best
interest of the city.
(2) When it is determined by the city council to be in the city's best
interest that the property be offered for exchange, the council may do all
things necessary to exchange any property owned by the city for real property
of equal value pursuant to terms which shall be a matter of public record.
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(3) When property is purchased, donated or otherwise conveyed to a city
and the city has previously used federal funding to acquire the property,
with funds specifically designated for the purpose of assisting low- to mod-
erate -income families with decent, safe, affordable housing opportunities,
the property may be sold, donated or otherwise conveyed directly to a low- to
moderate -income family, so long as the sale or conveyance is consistent with
the applicable federal regulations under which the property was obtained
initially. In such instances, the city council shall pass an ordinance
stating:
(a) That the property was acquired, in whole, with federal funds;
(b) That the property is to be sold or otherwise conveyed to a low- to
moderate -income family;
(c) That the sale or conveyance is consistent with all applicable fed-
eral, state or local statutes, laws, regulations and policies; and
(d) That the property may be offered for sale, donation or otherwise
conveyed immediately upon the passing of the ordinance.
(4) When it is determined by the city council to be in the city's best
interest that a transfer or conveyance be made, the city council may, by or-
dinance duly enacted, authorize the transfer or conveyance of any real prop-
erty owned by such city to any tax supported governmental unit, with or with-
out consideration.
(5) When it is determined by the city council to be in the city's best
interest, the city may transfer property to a trustee for security purposes,
or for purposes of accommodating a transaction, or for funding of construc-
tion of capital facilities on city owned property.
[50-1403, added 2001, ch. 331, sec. 4, p. 1162.]
50-1404. TERMS OF SALE. Real property may be sold for cash or on con-
tract for a period not exceeding ten (10) years, with a rate of interest on
all deferred payments as determined by the city council. The title to all
property sold on contract shall be retained in the name of the city until full
payment has been made by the purchaser. Any property sold by the city council
under the provisions of this section either for cash or on contract, shall
be assessed by the county assessor in the same manner and upon the same basis
of valuation as though the purchaser held a record title to the property so
sold. The city council shall have authority to cancel any contract of sale
pursuant to law, and retain all payments paid thereon, if the purchaser shall
fail to comply with any of the terms of the contract. The city council may,
by agreement with the purchaser, modify or extend any of the terms of any con-
tract of sale, but the total period shall not exceed ten (10) years.
[50-1404, added 2001, ch. 331, sec. 5, p. 1163.]
50-1405. CONVEYANCE -- DISPOSITION OF PROCEEDS. The proceeds received
from the sale or exchange of property shall be utilized in a manner consis-
tent with provisions of law regarding revenues received by the city.
[50-1405, added 2001, ch. 331, sec. 6, p. 1163. ]
50-1406. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE -- EXCESS PRO-
CEEDS. Should real property be acquired as the result of a foreclosure of any
improvement lien, or where a deed has been made and executed by the owner to
the city in satisfaction of an improvement lien, and thereafter bring more
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than is assessed against the same, together with costs and expenses, then the
proceeds shall be paid to the owner if his address is known, otherwise, to
be placed in the improvement fund for the benefit of which the property was
impressed with the lien.
[50-1406, added 2001, ch. 331, sec. 7, p. 1163.]
50-1407. LEASES. The mayor and council may, by resolution, authorize
the lease of any real or personal property not otherwise needed for city pur-
poses, upon such terms as the city council determines may be just and equi-
table.
[50-1407, added 2001, ch. 331, sec. 8, p. 1164.]
50-1408. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE -- EXCESS PRO-
CEEDS. Should the property acquired as the result of a foreclosure of any
improvement lien, or where a deed has been made and executed by the owner
to the city in consideration of such improvement lien, bring more than is
assessed against the same together with costs and expenses, then such excess
shall be paid to the owner if his address is known, otherwise, to be placed
in the improvement fund for the benefit of which such property was impressed
with such lien.
[50-1408, added 1967, ch. 429, sec. 251, p. 1249.1
50-1409. LEASES. The mayor and council may, by resolution, authorize
the lease of any property not needed for city purposes, upon such terms as may
be just and equitable. The provisions of sections 50-1401 through 50-1409
shall not apply to the vacation or discontinuance of streets, highways,
avenues, alleys or lanes annulled, vacated or discontinued. Provided,
that the council of a city, upon a vote of one half (1/2) plus one (1) of the
members of the full council, may set apart portions of the public parks,
playgrounds or other grounds to be used from time to time for athletic
contests, golf links, agricultural exhibits, ball parks, fairs, rodeos,
swimming pools and other amusements, and for military units of the state of
Idaho or the United States, and may, upon a vote of one half (1/2) plus one
(1) of the members of the full council, make and enter into proper contracts
with organizations and associations necessary and proper to carry out the
purposes of this provision. Provided, that a city shall not be liable for any
damage by reason of any accident occurring on the parks and lands set apart
for such purposes, except for gross negligence on the part of the city or its
officers or agents, and provided further, that an entrance or other fee may
be charged sufficient to pay the expense of maintaining and operating the
ground.
[50-1409, added 1967, ch. 429, sec. 252, p. 1249.]