HomeMy WebLinkAboutItem #7 Arbor CourtPublic Works Department
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
1 0 0 H 0
Memo
To: City Council
From: Sean Harris, Development Services Manager
Date: 7.25.23
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 Arbor Court Subdivision have been
completed in accordance with City standards.
Execution of the Acceptance of Offer of Dedication is recommended.
Acceptance
of
Offer of Dedication
On OCTOBER 20, 2021, the final plat of ARBOR COURT was approved by the Chubbuck City Council, and
said plat is recorded as Instrument No. 22202065 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
ARBOR COURT, 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.
The City of Chubbuck hereby accepts and confirms the dedication and offer of dedication, as contained in
the final plat of ARBOR COURT, 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 Joey Bowers, 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\INetCache\Content.Outlook\7EON09KR\Arbor Court Acceptance - 7.25.23.doc
VICINITY MAP
ARBOR COURT
A PORTION OF TRACT 1 OF BONNIBRAE ACRES TOWNSITE
LOCATED IN NE 1/4 SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
Found RD Brass Cap in
monument vault PLS 343 W
per CP&F #21320661
NE 1/16 Corner Sec. 10
Found 2" Alum. Cap
Per CP&F #20621178
SURVEY NARRATIVE:
1. The boundary of this property was determined by Dioptra on Record of Survey Instr.
#21906062 and described below:
1.1. The south line of the property was established from the found monuments per ROS
Instr. #91010458 and #21808871.
1.2. The west line of the property was established from the found monuments per ROS
Instr. #660301, 20105027, and 91010458.
1.3. The west right-of-way of Burley Drive was established by a 25.00' offset of the
1/16th line and monumented with a 1/2" Rebar with Plastic Cap marked PLS 15295.
The found monument at the intersection of the south right-of-way of Chubbuck Road
and the west right-of-way of Burley Drive is accepted as the corner of Deed Instr.
#98026228.
1.4. The south right-of-way of Chubbuck Road was established by a found monument and
record distances per ROS Instr. #20105027 and Deed Instr. #98026228.
1.5. Easement for public utilities granted to Idaho Power Company, recorded February 28,
1975, as Instrument No. 533539.
NOTES:
1. Lot 12 Block 1 is dedicated to the City of Chubbuck as
additional right-of-way for Chubbuck Road.
2. Lot 11 Block 1 is dedicated to the City of Chubbuck as
additional right-of-way for Burley Drive.
3. Lot 9 is covered in its entirety with a storm water
easement.
4. Lots 1-10 are covered in their entirety with public utility
and cross -access easements covering all areas outside
structures.
5. Existing Blanket Public Utility Easement to Idaho Power
Company per Instr. #533539.
6. Existing Public Utility Easement to City of Chubbuck per
Instr. #20513997
7. New 10 -foot Public Utility Easement. Easement sidelines
are parallel to the new right-of-way lines of Chubbuck Rd
and Burley Dr.
8. Lots 7, 9, and 10 will be dedicated to the Home Owners
Association. Said Association will be responsible for the
maintenance of said Lots.
BASIS OF BEARING
T.P.O.B
�l
N
0 30 60
B" W
as noted
Acres
L1
Found 1/2" Rebar w/
Jared L. Mckee. et. al
Found 1/2" Rebar w/
A N ►
2261
#22119907
Found 1/2" Iron Pin
Adjoining Parcels
�
roI �1
Plastic Cap marked PLS 842
Instr. #20618503
Plastic Cap marked
City of Chubbuck
Instr. #98026228 (CCH-)
Record Bearing and Distance
m m � -
- Easements -New
Origin Unknown
- Road Center Line
J
��
per ROS Instr. #660301
vl 0%
PLS 10900 per ROS
Instr.
monument vault
PLS 10900
Set 1/2" Rebar with Plastic
X
- -
X X
-
X
-�55.834.1�
X-so.00' X X
S 00'02'58" E 480.36' X
t81496390_00'E)
u _
u �_
PLS 15295
a
4.20'
89.99'
3
90.00'
83.09'
90.01' 1,3,90'
6.92'
I
Found 1/2" Rebar
w/
II
Plastic Cap Great
z
z
z
z
Basin Eng. per ROS
aD
aD
w
w
Instr. #91010458
Lot 6
o
Lot 5
o Lot 4
o Lot 3
o
Lot 2
°4
±0.16
±0.16
^'_ ±0.16
^', ±0.16
^;
±0.16 9.
N
Acres
m
Acres
m Acres
m Acres
m
Acres o I
v
J
J
10 -foot Public
N
PD
p
pD
9
Utility Easement u
N
m
c1
w
Note #5 m
o
Z
0D
�I .
a
o
_
n
m
O1
2�
= m
u
o
90.07'
90.00'
90.00'
90.00'
wl
89.82' A I
U w
2� m
N 00'00'22" W 449.89'
m l
w e'
Block 1
I N
Lot 10
I N
U =
u u
N
z
±0.05
u l
Acres
a�
a'
Lot 8
a
Lot 9
10 -foot Public
Utility Easement
Lot 7±0
17
0
±0.51
c'
See Note #7
±0.05
9'
Acres
Acres
Acres
loq
m
u
Lot 1±0.17
Acres
10 -foot Public
II
m
Utility Easement
3.22'
Note #7
L
-
- - -
- - - -
/See
-
- - -
3.94'
- - - -
h�
15.34'
89.98'
269.94'
90.02' /
N
S 00'04'30" E 469.37'
o ---------X-----
--X--- --
---
----------------
------ --
-----
o
S 00'04'30" E 454.40
Lot 11
(RI -S 00'0430" E 454.40) N
±0.16 Acresase°me
ph
Public Utility
(CCH -S 00'0430" E) o
Burley Drive
See Note #6
�
-
N 00'04'30" W 1324.42'
(CCH -S 00'04'30" E 1324.42)
NE 1/16 Corner Sec. 10
Found 2" Alum. Cap
Per CP&F #20621178
SURVEY NARRATIVE:
1. The boundary of this property was determined by Dioptra on Record of Survey Instr.
#21906062 and described below:
1.1. The south line of the property was established from the found monuments per ROS
Instr. #91010458 and #21808871.
1.2. The west line of the property was established from the found monuments per ROS
Instr. #660301, 20105027, and 91010458.
1.3. The west right-of-way of Burley Drive was established by a 25.00' offset of the
1/16th line and monumented with a 1/2" Rebar with Plastic Cap marked PLS 15295.
The found monument at the intersection of the south right-of-way of Chubbuck Road
and the west right-of-way of Burley Drive is accepted as the corner of Deed Instr.
#98026228.
1.4. The south right-of-way of Chubbuck Road was established by a found monument and
record distances per ROS Instr. #20105027 and Deed Instr. #98026228.
1.5. Easement for public utilities granted to Idaho Power Company, recorded February 28,
1975, as Instrument No. 533539.
NOTES:
1. Lot 12 Block 1 is dedicated to the City of Chubbuck as
additional right-of-way for Chubbuck Road.
2. Lot 11 Block 1 is dedicated to the City of Chubbuck as
additional right-of-way for Burley Drive.
3. Lot 9 is covered in its entirety with a storm water
easement.
4. Lots 1-10 are covered in their entirety with public utility
and cross -access easements covering all areas outside
structures.
5. Existing Blanket Public Utility Easement to Idaho Power
Company per Instr. #533539.
6. Existing Public Utility Easement to City of Chubbuck per
Instr. #20513997
7. New 10 -foot Public Utility Easement. Easement sidelines
are parallel to the new right-of-way lines of Chubbuck Rd
and Burley Dr.
8. Lots 7, 9, and 10 will be dedicated to the Home Owners
Association. Said Association will be responsible for the
maintenance of said Lots.
BASIS OF BEARING
T.P.O.B
�l
N
Lot 12O
0 30 60
B" W
as noted
Acres
L1
LEGEND
- - Parcel Boundary
A N ►
Fence Lines
#22119907
10' I X
Adjoining Parcels
�
roI �1
Record Bearing and Distance
m o � -
- - - - - - - - Easements -Existing
City of Chubbuck
Instr. #98026228 (CCH-)
Record Bearing and Distance
m m � -
- Easements -New
UIN y
- Road Center Line
J
��
Deed Ties
vl 0%
Section Line
monument vault
PLS 10900
Set 1/2" Rebar with Plastic
No
Cap PLS 15295
a ti.
O Found 1/2" Rebar Replaced with
Found ITOBrass Cap in
C+ monument vault
5/8" Rebar with Aluminum Cap
aQ
PLS 15295
Lot 12O
Found 1/2" Rebar
±0.01 I
as noted
Acres
L1
Found 5/8" Rebar per Chubbuck
City Hall Plat Instr. #22119907
37.75' El
Found 1/2" Rebar per Chubbuck
City Hall Plat Instr.
#22119907
10' I X
Calculated Position
(RI-)
Record Bearing and Distance
per ROS Instr. #21906082
City of Chubbuck
Instr. #98026228 (CCH-)
Record Bearing and Distance
per Chubbuck City Hall Plat
Instr. #22119907
E 1/16 Corner
North Line Sec. 10
Found 2" Alum. Cap in
monument vault
PLS 10900
Per CP&F #20700877
Zl
1
Found ITOBrass Cap in
C+ monument vault
LA�yp
PLS 10900
N per CP&F #20520363
a
s
J` fq� OF
ART K .
Inst. #
Basis of Bearing per Idaho State Plane
Coordinate System - East Zone. City of
Chubbuck Coordinate System. GPS
observation ground combination factor:
1.0002579939.
BOUNDARY DESCRIPTION
A parcel of land located in the Northeast 1/4 of Section 10, Township 6 South,
Range 34 East of the Boise Meridian located in Bannock County, Idaho more
particularly described as follows:
Commencing at the East 1/16th Corner on the North Line of said
Section 10 and running thence N 89°29'09" W 201.43 feet along the north line
of said Section 10, thence S 00'02'58" E 37.75 feet to the south right—of—way
of Chubbuck Road, also being the True Point of Beginning;
Thence S 00'02'58" E 480.36 feet to the north line of deed Instr. #21807227;
Thence S 89'31'39" E 176.66 feet along Deed Instr. #21807227 to the west
right—of—way of Burley Drive;
Thence N 00'04'30" W 454.40 feet along said west right—of—way of Burley Drive;
Thence N 45'07'57" W 36.95 feet along Deed Instr. #98026228 to the south
right—of—way of Chubbuck Road;
Thence N 89'29'02" W 150.29 feet along said Deed Instr. #98026228 also being
the south right—of—way of Chubbuck Road to the Point of Beginning.
Parcel contains ±1.94 acres
OWNER'S 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 a Block, and Lots to hereafter be known as Arbor
Court. It is the intention of we, the undersigned owners, to include all 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. Lot 11 Block 1 and Lot 12 Block 1 shall be
dedicated as public right—of—way. 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. 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 owners successors 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 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 facilities 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 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, the owners, do here unto set our hand.
Daren Crockett
Manager
Arbor Court LLC
ACKNOWLEDGEMENT
STATE OF IDAHO SS
COUNTY OF
On this day of , 20_, before me, a Notary
Public, personally appeared, Daren Crockett, Manager of Arbor
Court LLC, and acknowledged to me that they were officers, as
indicated, of the Corporation, which owns the premises, described
in the Boundary Description, that the Corporation executed the
foregoing Owner's Certificate, and that they executed the same
on behalf of the Corporation.
NOTARY PUBLIC My Commission Expires
HEALTH DEPARTMENT CERTIFICATE
A sanitary restriction according to Idaho Code 50-1326
through 50-1329 is imposed on this plat. No building,
dwelling, or shelter shall be erected until the sanitary
restrictions requirements are satisfied and lifted.
This plat is approved and sanitary restrictions are satisfied
and lifted this day of, 20_.
Southeastern Idaho Public Health
Environmental Health Specialist
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 20_.
Mayor City Engineer
City Clerk
IRRIGATION CERTIFICATE
Lands within this plat are entitled to irrigation water
supplied by Fort Hall Irrigation Project. The irrigation
water rights remain with the land and the City of
Chubbuck shall be appointed to act as agent, as
described in Instrument No. . Per
Idaho Code 31-3805, it is undetermined how the
delivery of irrigation water from the Project to the
Lots will occur. Until that time, no assessment
shall be levied from City of Chubbuck against the
lot owners.
RESTRICTIVE COVENANTS
The articles of protective covenants recorded
as Instr. are hereby made a
part of this plat.
CULINARY WATER
This subdivision is eligible to receive water from
the City of Chubbuck municipal systems.
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement recorded as
Instr. are hereby made a part of this plat.
ARBOR COURT
PORTION OF TRACT 1 OF BONNIBRAE ACRES TOWNSITE
LOCATED IN NE 1/4 SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
COUNTY TREASURER'S CERTIFICATE
Pursuant to 50-1308, Idaho Code: I do hereby certify that all
county property taxes due, both delinquent and current have
been paid on the property described in the shown legal
description through
County Treasurer — JENNIFER CLARK Date
COUNTY SURVEYOR'S CERTIFICATE
I, . an Examining Surveyor in and for
Bannock County do hereby certify that I have checked this plat
and computations shown hereon and have determined that the
requirements of Idaho Code 50-1305 have been met, I approve
the same for filing this day of 20_.
Examining Surveyor PLS
COUNTY RECORDERS CERTIFICATE
Lg��Np
P a LIM%
`D�9Tf OF AQP
FART K. W
SURVEYORS CERTIFICATE
I, Stewart K. Ward, a Licensed Professional Land Surveyor in the
State of Idaho do hereby certify that a survey was made under my
direction of the premises described in the boundary description and
shown on this plat upon which this certification appears. I further
certify that this plat was prepared under my direction and that the
monumentation shown conforms with that set on the ground and
that the pertinent statutes of the State of Idaho, together with all
local ordinances have been complied with.
Stewart K. Ward, License No. 15295 Date