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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