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HomeMy WebLinkAboutItem #2 Little Creek Coffeen: Public Works Department PO Box 5604 —5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us l00H0 Memo To: City Council From: Sean Harris, Development Services Manager Date: May 11, 2023 Re: Acceptance of Offer of Dedication City staff has completed final inspection and has found that all structures and improvements relating to the dedicated lands, streets or utilities in Little Creek Coffee Subdivision have been completed in accordance with City standards. Execution of the Acceptance of Offer of Dedication is recommended. Acceptance of Offer of Dedication 1. On January Stb, 2022 the final plat of LITTLE CREEK COFFEE SUBDIVISION was approved by the Chubbuck City Council, and said plat is recorded as Instrument No. 22215493 in the official records of Bannock County, Idaho. Said approval of the final plat does not, under the provisions of Title 17 of the Chubbuck City Code, constitute an acceptance of the offer of dedication contained therein. The Chubbuck City Council has found that all structures and improvements relating to the dedicated lands, streets or utilities have been completed and approved and, directed the Mayor of the City of Chubbuck to execute this Instrument accepting the offer of dedication contained in the final plat of LITTLE CREEK COFFEE SUBDIVISION, City Code 17.12.250. This acceptance does not relieve the owner and/or contractor of their responsibility to guarantee the quality of the improvements for a three year period as provided in Chubbuck Code 17.16.070. 3. The City of Chubbuck hereby accepts and confirms the dedication and offer of dedication, as contained in the final plat of LITTLE CREEK COFFEE SUBDIVISION, of all streets, utilities, dedicated lands, easements, pedestrian ways, parks and recreation areas depicted therein. BY ORDER OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF .2023 (NOTARY SEAL.) STATE OF IDAHO ) :SS County of Bannock ) On this ___ day of 2023, Before me, the undersigned Notary Public, in and for said State, personally appeared Kevin B. England and Rich Morgan, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE OF IDAHO Commission Expires: MAYOR Attest: Joey Bowers, City Clerk C:\Users\ibowers\AppData\Local\Microsoft\Windows\INetCarhe\Content.Outlook\7EON09KR\Draft_Little Creek Coffee Acceptance_km_05_11_21doc v -a v �Z .z 0 0� Cn �Zwo Na..LU , N N"aLL��L 1Etha�o Cm o� CoNa�" 3 -Y, my d �Noo� -rram6j�.^c 30' 15' 0 30' Scale 1"= 30' C O .5 y r� � N �O O N 0 Qn >�C T5 0 0 LITTLE CREEK COFFEE SUBDIVISION DEED INST. #22201900 for Little Creek Coffee, LLC, LOCATED IN THE SEY4 NW -Y4, SECTION 3, T6S, R34E, B.M., BANNOCK COUNTY, IDAHO Spring Cove Subdivision Inst. #22201120 East Y4 corner Section 3 Found LS 977 monument disturbed CP&F Inst. #22114871, & bent, monument lies north of #20520356, & #628849 section line 0.60' 2084.56' R- 209.93' _ - - 113.25' N 0'22'16" W 6.96' r- N 0'22'16" W 3.04' x X Park Lawn Drive Tastee Treet Subdivision Inst. #20504464 Lot 3, Block 1 Avalon Park Subdivision Inst. #20427364 Deed Inst. #21911944 Benito Chavez Deed Inst. #20100254 SIPHON ROAD DO I TANGENT TABLE North Y4 corner Section 3 I BEARING CP&F Inst. #21111672, o 3.85' #21007746, & #20520349 N 4- I Dedicated Right of ~ -�- 40' Way width (33'+7') T2 W. S JAMES AVE. E N T2 (R -TT) S 070'41" E Z 101.30" T3 3' 89°14'40" E 25.00' =j STUART AVE. Survey Q 25.00' T5 r� Lnj N E 11.94' T6 SIPHON ROAD CHUBBUCK ROAD VICINITY MAP Scale: 1" = 2000' Q6 I C LEGEND O -4- 0 Set 5/8"0 rebar with an aluminum cap stamped "PLS 12465" w I cn I See Record of Survey Inst. #20105335 � I >- 00 Set 1 / r 2"0 rebawith an orange plastic cap stamped "PLS 12465" N 8976'11'" W 225.00'(R -SE) oN _ ❑ Found 5/8"0 rebar with a yellow plastic cap stamped "ERE PLS 9369", t 225' R -D 7.00' origin unknown EOsO I ( ) N Found 5/8"0 rebar with yellow plastic cap stamped "ERE PLS 9369" S 89'14'40" E 224.94' T3 38 56' 179.38' ITD Right of Way Encroachment Permit No. 05-04-03 I � Shared access I I~ X ingress/egress easement T5 i� O 25' wide sewer easement cV I Inst #511699 N I� 0 0 10' wide public utility I 16 easement I I '�I o Block 1, Lot 1 1 IL z ±0.50 Acres I I;c N z Little Creek Coffee, LLC I I r O Quitclaim Deed Inst. #22201900 I I� Iz I I� See DETAIL 1 I I" X ., • CAA nFTA11 7 �I N 0 `22' 1 `rf" ---------------------`- -------I I-� 179.32' X X x x __x� 89'15'27" W 224.96' WC 38.56' (R-SE)I Ln 5.56' U) 3 3 N h v - 45.20 00 IO Z= a C14 o Block 1 3 Ln Lot 2 O I o (See note 3) N L ±0.13 Acres O N CI o z 40' Right of - Way I --- . - 5.6 4' 38. 6 4 4 ' ( (RR -SE) _, ' J71 S 897524' E 548.07'(R -SL), S 8976'11" E 548.06'(R -AP) 548.13' � N 897 1___- 6' 1" W 225.00'(R -SE) West 225'(R -D) 7.00'*S 89°15'27" E 2632.70'--- --- }-Buildin g Y S t• 10' Power Easement Inst. #22204370 (±0.04 acres) x x DO o o TANGENT TABLE a BEARING ADAMS STREET Uj o T1 S 0 SECTION 3 E 50.11' } y J > W O ¢ 50.00' T2 W. S JAMES AVE. E Z: T2 (R -TT) S 070'41" E 0 xi 101.30" T3 3' 89°14'40" E 25.00' =j STUART AVE. Survey Location CHUBBUCK ROAD VICINITY MAP Scale: 1" = 2000' Q6 I C LEGEND O -4- 0 Set 5/8"0 rebar with an aluminum cap stamped "PLS 12465" w I cn I See Record of Survey Inst. #20105335 � I >- 00 Set 1 / r 2"0 rebawith an orange plastic cap stamped "PLS 12465" N 8976'11'" W 225.00'(R -SE) oN _ ❑ Found 5/8"0 rebar with a yellow plastic cap stamped "ERE PLS 9369", t 225' R -D 7.00' origin unknown EOsO I ( ) N Found 5/8"0 rebar with yellow plastic cap stamped "ERE PLS 9369" S 89'14'40" E 224.94' T3 38 56' 179.38' ITD Right of Way Encroachment Permit No. 05-04-03 I � Shared access I I~ X ingress/egress easement T5 i� O 25' wide sewer easement cV I Inst #511699 N I� 0 0 10' wide public utility I 16 easement I I '�I o Block 1, Lot 1 1 IL z ±0.50 Acres I I;c N z Little Creek Coffee, LLC I I r O Quitclaim Deed Inst. #22201900 I I� Iz I I� See DETAIL 1 I I" X ., • CAA nFTA11 7 �I N 0 `22' 1 `rf" ---------------------`- -------I I-� 179.32' X X x x __x� 89'15'27" W 224.96' WC 38.56' (R-SE)I Ln 5.56' U) 3 3 N h v - 45.20 00 IO Z= a C14 o Block 1 3 Ln Lot 2 O I o (See note 3) N L ±0.13 Acres O N CI o z 40' Right of - Way I --- . - 5.6 4' 38. 6 4 4 ' ( (RR -SE) _, ' J71 S 897524' E 548.07'(R -SL), S 8976'11" E 548.06'(R -AP) 548.13' � N 897 1___- 6' 1" W 225.00'(R -SE) West 225'(R -D) 7.00'*S 89°15'27" E 2632.70'--- --- }-Buildin g Y S t• 10' Power Easement Inst. #22204370 (±0.04 acres) x x S 8975'27" E 2632 70' (R -CC) S 8976'11' E 2632.78' (R -SE) S 89°15'27" E 179.32' x James Deatherage Deed Inst. #20610047 I I T I Center 4 corner ec ion CP&F Inst. #21320659 & #20520357 33' I Right of Way X x x -1- N' 89'15'27" W 179.32' Ln U -)N DETAIL 1 Scale: 1" = 15' Area of Questionable Building EaI ownership X L - Proposed Powerpole l\C�� w r7 LnjO o O N0 O - Existing Powerpole O ft X 7.00' DETAIL 2 Scale: 1 " = 5' 7.00' True Point of Beginning (Boundary) Point of Beginning (Easement Inst. #22204370) \�Np,L LANA S (,1 STEREO l✓�G� 12465 ON R origin unknown, alongside and above Y2 0 rebar with yellow plastic cap stamped "LS 977" A Found 1/2"0 rebar with a yellow plastic cap stamped "LS 977" QQ Found 1/2"0 rebar with an orange plastic cap stamped "PLS 15295" Q Found aluminum cap monument stamped "PLS 5360" inside a 2"0 pipe. i Found Idaho Transportation brass cap monument in survey vault. O Found 1/2"0 rebar with no markings, presumed set for Avalon Park Subdivision, Inst. #20427364 @ Found PK nail Q Found Y2"O rebar with an illegible yellow plastic cap, presumed set for Tastee Treet Subdivision, Inst. #20504464 El Found %"0 rebar with an illegible yellow plastic cap, presumed set for Tastee Treet Subdivision, Inst. #20504464 Calculated position, nothing set. WC Witness Corner Boundary Lines Lot Lines Road Centerline Existing Lot and Parcel lines o Existing "New" Chain Link Fence Lines x Existing "Old" Fence Lines (Various Types) - - - - - - - - Existing Right of Way & New Easement Lines - - - Section Lines Existing Easement Lines Power Pole, existing & proposed Record bearing/distance from reference documents (nts) Not to scale WC Witness corner *BASIS OF BEARINGS Per Chubbuck Control Survey Inst. #20621449, Grid bearing of S 89`15'27" E between the found ITD monument marking the CY4 and found PK nail marking the WY4, section 3, T6S, R34E, B.M., as shown on this map. Prepared for Theodore and Melissa Warner, Deed Inst. #22201900, located in the SEY4 SWY4 Sec. 3, T.6S., R.34E., B.M., Bannock County, Idaho DO o o TANGENT TABLE TANGENT BEARING DISTANCE T1 S 0°20'35" E 50.11' T1 (R -AP) S 02122" E 50.00' T2 S 0'20'35" E 101.35' T2 (R -TT) S 070'41" E 101.30" T3 S 89°14'40" E 25.00' T4 S 0'20'35" E 25.00' T5 S 89°14'40" E 11.94' T6 S 48°06'59" E 17.63' T7 F N 0°20'35" W 36.60' S 8975'27" E 2632 70' (R -CC) S 8976'11' E 2632.78' (R -SE) S 89°15'27" E 179.32' x James Deatherage Deed Inst. #20610047 I I T I Center 4 corner ec ion CP&F Inst. #21320659 & #20520357 33' I Right of Way X x x -1- N' 89'15'27" W 179.32' Ln U -)N DETAIL 1 Scale: 1" = 15' Area of Questionable Building EaI ownership X L - Proposed Powerpole l\C�� w r7 LnjO o O N0 O - Existing Powerpole O ft X 7.00' DETAIL 2 Scale: 1 " = 5' 7.00' True Point of Beginning (Boundary) Point of Beginning (Easement Inst. #22204370) \�Np,L LANA S (,1 STEREO l✓�G� 12465 ON R origin unknown, alongside and above Y2 0 rebar with yellow plastic cap stamped "LS 977" A Found 1/2"0 rebar with a yellow plastic cap stamped "LS 977" QQ Found 1/2"0 rebar with an orange plastic cap stamped "PLS 15295" Q Found aluminum cap monument stamped "PLS 5360" inside a 2"0 pipe. i Found Idaho Transportation brass cap monument in survey vault. O Found 1/2"0 rebar with no markings, presumed set for Avalon Park Subdivision, Inst. #20427364 @ Found PK nail Q Found Y2"O rebar with an illegible yellow plastic cap, presumed set for Tastee Treet Subdivision, Inst. #20504464 El Found %"0 rebar with an illegible yellow plastic cap, presumed set for Tastee Treet Subdivision, Inst. #20504464 Calculated position, nothing set. WC Witness Corner Boundary Lines Lot Lines Road Centerline Existing Lot and Parcel lines o Existing "New" Chain Link Fence Lines x Existing "Old" Fence Lines (Various Types) - - - - - - - - Existing Right of Way & New Easement Lines - - - Section Lines Existing Easement Lines Power Pole, existing & proposed Record bearing/distance from reference documents (nts) Not to scale WC Witness corner *BASIS OF BEARINGS Per Chubbuck Control Survey Inst. #20621449, Grid bearing of S 89`15'27" E between the found ITD monument marking the CY4 and found PK nail marking the WY4, section 3, T6S, R34E, B.M., as shown on this map. Prepared for Theodore and Melissa Warner, Deed Inst. #22201900, located in the SEY4 SWY4 Sec. 3, T.6S., R.34E., B.M., Bannock County, Idaho LITTLE CREEK COFFEE SUBDIVISION DEED INST. ,22201900 for Little Creek Coffee, LLC, LOCATED IN THE SEY4 NW -Y4, SECTION 3, BOUNDARY DESCRIPTION: A parcel of land in the Southeast Y4 of the Northwest Y4 of Section 3, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, being Deed Inst. #22201900, and being more particularly described as follows: (City of Chubbuck Control Datum) Beginning at the Center Y4 corner of Section 3, Township 6 South, Range 34 East, Boise Meridian, said point being marked by an ITD brass cap monument inside a survey vault, as described in Corner Perpetuation & Filing Inst. #21320659 on file at the Bannock County Recorder's office, and said corner being the True Point of Beginning; Thence North 89'15'27" West along the south line of Deed Inst. #22201900, also being the latitudinal centerline of said section, 224.96 feet to the southwest corner of Deed Inst. #22201900, being marked by a found 5A" diameter rebar with a yellow plastic cap stamped "ERE PLS 9369"; Thence North 0'22'16" West along the west line of said deed, 122.03 feet to the northwest corner of said deed, being marked by a found %"diameter rebar with a yellow plastic cap stamped "ERE PLS 9369", alongside and above a found Y2" diameter rebar with yellow plastic cap stamped "LS 977"; Thence South 89'14'40" East along the north line of said deed, 224.94 feet to the northeast corner of said deed, also being a point on the meridional centerline of said Section 3; Thence South 00'22'55" East along said meridional centerline, also being the east line of said deed, 121.98 feet to the True Point of Beginning. Said parcel containing 0.63 acres, more or less. NARRATIVE The purpose of this survey is to mark on the ground the Real Property conveyed in Warranty Deed Inst. # 22201900 and dividing into two lots. Lot 2 being 40 foot of dedicated right—of—way lying westerly from the centerline of Yellowstone Avenue and Lot 1 being the remainder. (Yellowstone Avenue right—of—way is 33 feet on the westerly right—of—way line as shown in F.A.P. #78, sheet #7 & in F.A.P. #M-7231(007), sheet #29 & #31, obtained from ITD, an extra 7.00 feet has been dedicated, see note 3). The centerline was established by tying the North 1/4 and Center 1/ corners of Section 3 and offsetting this line at historical locations (as shown in Record of Survey (R.O.S.) Inst. # 20105335), 5.64' west of Center 1/4 corner and 3.85' west of North 1/4 corner. This method exactly matches centerline to section line offsets referenced in R.O.S. Inst. # 20105335. To check the centerline, I offset the centerline 40.00' west, locating multiple monuments presumed set for Tastee Treet Subdivision Inst. # 20504464 and Avalon Park Subdivision Inst. # 20427364, confirming the west right—of—way line of 40' from Yellowstone Avenuie centerline. The west line of Lot 1 was established by found monuments presumed set or re—monurnented for R.O.S. Inst. # 20105335. The north line was also established by found monuments, the easterly found monument being the northeast corner of Lot 1 and being 40 foot from the said centerline. I accepted these monument positions since they closely matched deed calls from Deed Inst. # 22117918 and R.O.S. Inst. # 20105335 measurements. No monument was set at the centerline location of the northeast corner of Lot 2 due to traffic safety issues (I set a witness corner for this location being 33.00 westerly of the true position). The east line of Lot 1 was established by the created 40 foot right—of—way line and running it to the intersection with the Latitudinal Center Line of Section 3. NOTES Total Lots: (2) Zoning Intended Use: General Commercial Building Lots:1 (C2) General Commercial Total Acreage: 0.53 acres Flood Plain Property is located in Zone X (area of minimal flood hazard) per FEMA Flood Panel 16005CO237D, effective on 07/07/2009 1. REFERENCE DOCUMENTS *Deed Instrument number on file at the Bannock County Recorders office: 511699, 894310, 96018482, 97002993, 20100254, 20400519-20, 20610047, 21104899, 21204570, 21204717, 22011174, 22104203-4, 221114201, and 22117918. *Record of Survey for Bart Armstrong by Shurtliff Engineering, Inst. #20105335. *Avalon Park Subdivision Inst. #20427364 by Anderson Survey Group. *The Fails Subdivision Inst. #22011174 by Summit Land Surveying. • Tastee Treet Subdivision Inst. #20504464 by Harper—Leavitt Engineering. *Record of Survey Inst. #20204885 for Rhoud Porter by Harper—Leavitt Engineering. •Chubbuck Control Survey Inst. #20621449 by Dioptra Geomatics. -Idaho Transportation Department (ITD) Federal Aid Project (F.A.P.) #78, sheet #7. *Idaho Transportation Department (ITD) Federal Aid Project (F.A.P) #M-7231(007), sheet #29 & #31. 2. All distances/bearings are measured unless otherwise noted. 3. Block 1, Lot 2, to be dedicated to State of Idaho as public right of way for Yellowstone Highway. (R -D) (R -SE) (R -AP) (R -SL) (R -1T) (R -CC) T6S, R34E, OWNERS' CERTIFICATE B.M. , BANNO CK COUNTY, IDAHO 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 a block and lots to be hereafter known as Little Creek Coffee Subdivision. We, the owners, intend to include all of the land described in the boundary description in this plat. The locations and dimensions of the block and lots 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 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 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 successors in interest. The responsibility to maintain storm water detention facilities, whether lying in an easement or lying within a dedicated right of way, sholl belong to the owner of the property benefited by the detention of storm water flowing from that property which shall be the property adjacent to the storm water detention facility unless such facility serves multiple properties as noted on the plat. This plat is governed by the Municipal Code of the City of Chubbuck, which provides that a final plat shall constitute a dedication; however, approval of the final plat shall not constitute the City's acceptance of the dedication. Such acceptance shall become effective only upon the execution by the Mayor of a separate instrument for that purpose after the City Council has found that all structures and improvements relating to the dedicated property have been completed and have been approved upon inspection by the City. Dedication is not binding upon the City until accepted. In witness whereof, the owner does hereunto set his/her hand. eodore Warner Melissa Warner ACKNOWLEDGMENT State of Idaho, County of Bannock 41 On this ay of_ 20 ��� ����.� appeared before me, a notary appeared known to me to be the person whose name public in and for said state, personally subscribed to the within instrument, and acknowledged to me that he/she executed the same. tory ublic ��, �} Residing at l/ � , % Idaho Comm. expires State of Idaho, County of Bannock KELLY L HUVKT L4y OMMISS#20222541NOTARY PUBLICSTATE OF IDAHO MM. EXPIRES MAY 1'S, 2628 SURVEYOR'S CERTIFICATE 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. 1 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. Damon Rush, PSS 12465 LA/VD \ — c' 0.`��1 STERF�JG�G\ 12465 Date N DEVELOPMENT AGREEMENT The City of Chubbuck development agreement recorded as Inst. No. ZLLL/ � ±� _ are hereby made part of this plat. CITY OF CHUBBUCK The plat on which this certification appears is hereby approved by the city of Chubbuck, Idaho, this sP + day of 20 7-7- — — — — — — — — -- — -7----------- ------=----- — -- — --------— Kevin England, Mayor Br' ger orrison, Engineer for the City �es, Clerk COUNTY SURVEYOR'S CERTIFICATE I, Gem -18 V. EV0.r,S . Surveyor in and for Bannock County, Idaho, do hereby certify that I have checked this plat and computations hereon, and have determined that the requi t if Idaho Code 50-1305 have been met, and I approve the same for filing this '" ,# day of ,20 Zt . A.t� V qo*A4 /03 BIZ Gerald V. Evans, 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 C4)2k Jennifer lark, County Treasurer' [te COUNTY RECORDER'S CERTIFICATE Instrument N 22215493 Bannock County, Pocatello, Idaho 09/22/2022 03:29:55 PM No. of Pages :7— Recorded Recorded for: R & E ENGINEERING INC Jason C Dixon /�\1Fee(. $11 00 /� �/� bo 44 W 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 No. 2ZZ=L(�e Z a . 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 the City of Chubbuck against the lot owner. SANITARY RESTRICTION /CERTIFICATE OF APPROVAL Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 are in force for Lot 2. No owner shall construct any building, dwelling or shelter which necessitates the suppyling of water or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied. Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied for Lot 1. Sanitary restrictions may be reimposed, in accordance with Section 50-1326, Idaho Code, by the issuance of a certificate of disapproval. Health District Signature Dat CULINARY WATER All units in the Development are eligible to receive water from the existing City of Chubbuck municipal water system.