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PH #2 121 Evans Ln.
CHUBBUCK 1 0 A H A Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us APPLICATION FOR A CONDITIONAL USE PERMIT FOR A SCHOOL IN THE VILLAGE (V) ZONE CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MARCH 12, 2024 SUMMARY DESCRIPTION: An application for a Conditional Use Permit) for a school in the Village (V) zone on approximately .25 acres of land. Subject property is located at 121 Evans Ln in Chubbuck, Idaho. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. Type of Action: Decision. STAFF FINDINGS: After reviewing the application and related materials, staff finds that it meets the standards established by the City for a Conditional Use Permit (CUP). • Schools are conditionally permitted in the Village (V) zone. • The Design Review Committee has reviewed the site plan against technical requirements of the City as required by city code; the committee's recommendations are reflected in the materials included with this report. The Committee did not approve the use and only reviewed technical requirements: o The committee directly reviews and approves such details as parking, landscaping, access, utility services, and sanitation. o The Land Use and Development Commission may approve other or more stringent conditions on the proposal. The applicant has met City Code requirements to be heard for a CUP. Staff recommends approval of the proposed CUP and Findings of Fact and Conclusions of Law with the following condition: o Maintain agreement to allow drop-off and pick-up of students from the current neighboring property, or another owner if needed, to ensure a safe off-street location for student drop-off and pick-up. FACTS BACKGROUND: The main building was originally a home but has been used for commercial purposes for some time. The existing garage has been used for business storage. As a commercial building a ramp was added for accessibility and the driveway was widened to accommodate parking for 2 or more additional vehicles. A paved pathway exists between this property and the adjoining parking lot behind Subway. TYPE OF COMMISSION 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 criteria and standards for approval per section 18.28.020.C.5 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICANT: Karli Coumerilh 471 Appaloosa Ave Pocatello, ID 83201 LOCATION: 121 Evans Ln in Chubbuck, ID OWNER: KCC1 471 Appaloosa Ave Pocatello, ID 83201 COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Village REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Village (V) CURRENT LAND USE: House converted to office EXISTING STRUCTURES: House/office, garage PROJECT SIZE: .25 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Site has no surface water rights through the Fort Hall Irrigation Project 194�0t_\ CHUBBUCK 1 0 R H 0 RECENT TRAFFIC COUNTS: Evans Ln: 2019, 3,822/day; 2021, 6,417/day Knudsen Blvd: 2018, 4,752/day; 2021, 5,763/day Yellowstone Ave north of Evans: 2019, 21,178/day; 2021, 25,786/day Yellowstone Ave south of Evans: 2019, 24,893/day 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us t a+ 93 all 011 P�§Ils ` iII Knuddl . JW SITE CHARACTERISTICS & ZONING CURRENT ZONING: Village (V) CURRENT LAND USE: House converted to office EXISTING STRUCTURES: House/office, garage PROJECT SIZE: .25 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Site has no surface water rights through the Fort Hall Irrigation Project 194�0t_\ CHUBBUCK 1 0 R H 0 RECENT TRAFFIC COUNTS: Evans Ln: 2019, 3,822/day; 2021, 6,417/day Knudsen Blvd: 2018, 4,752/day; 2021, 5,763/day Yellowstone Ave north of Evans: 2019, 21,178/day; 2021, 25,786/day Yellowstone Ave south of Evans: 2019, 24,893/day 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us t a+ 93 all 011 P�§Ils r - de Aveft- _. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Village (V) CURRENT LAND USE: House converted to office EXISTING STRUCTURES: House/office, garage PROJECT SIZE: .25 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Site has no surface water rights through the Fort Hall Irrigation Project 194�0t_\ CHUBBUCK 1 0 R H 0 RECENT TRAFFIC COUNTS: Evans Ln: 2019, 3,822/day; 2021, 6,417/day Knudsen Blvd: 2018, 4,752/day; 2021, 5,763/day Yellowstone Ave north of Evans: 2019, 21,178/day; 2021, 25,786/day Yellowstone Ave south of Evans: 2019, 24,893/day 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us SURROUNDING LAND USES AND ZONING NORTH: Retail — Maverik and McKee's; Highway Corridor and Village zones EAST: Mixed commercial; Village and C-2 zones SOUTH: Retail, and vacant lots; Highway Corridor and Village zones WEST: Retail and commercial services; Highway Corridor and C-2 zones SERVICES: ACCESS STREET: Evans Ln EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICES: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck IRRIGATION: None PROCESS APPLICABLE LAWS AND PLANS: Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures Chubbuck Comprehensive Plan (as amended) Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08: Land Use Districts and General Controls b. Chapter 18.16: Design Overlay District and Criteria c. Chapter 18.19: Chubbuck Village Criteria d. Chapter 18.28.020: Conditional Use Permits (CUP) Procedures PROCEDURES: 1. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing was provided at least 15 days prior to the public hearing: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property within a 300 ft. radius of the site; and d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC COMMENTS: No written comments were received as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 GENERAL REQUIREMENTS AND PROCEDURES The following code regarding CUPS should be used in evaluating and weighing the application: 18.28.020.CS. Standards for Approving a CUP: A CUP may only be approved if the Commission makes affirmative findings of fact on each of the following standards. These are addressed by the applicant with the submittal (see attached), section E8: 1. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. 2. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 3. The proposed use is compatible with other existing and permitted uses in the general vicinity. 4. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. 5. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. 6. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. 18.28.020.C6. Conditions for Approval: To make affirmative findings relating to the standards established in section 18.28.020.C.5, the Commission may condition approval of the permit on compliance, including but not limited to, the following: Conformity to approved plans and specifications. The Comprehensive Plan Future Land policy designates the area as Village, which is a mixed use category allowing for the Village zone. A small school at this location, in the core of the city activity center, meets goals and requirements of the Comprehensive Plan.. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting. N/A. Minimizing adverse impact on other development. The impacts are similar to recent uses of the property. Adjacent property next door (Subway) appears to have previously shared parking with the subject property. 4. Controlling the sequence and timing of development. N/A. 5. Assuring that development is maintained properly. Maintenance has not been a serious issue in the past. The applicant also plans to enclose the rear yard with a fence for a play area. 6. Designating the provision of on-site or off-site public facilities or services. N/A 7. Requiring more restrictive standards than those generally required by the Code. N/A. This will not be new construction with no external changes. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 8. Requiring the mitigation of effects of the proposed development upon service delivery to the property by any political subdivision, including school districts. No comments have been received from utilities, the school district, or other political subdivisions. STAFF RECOMMENDATION Based on the Standards for Approving a CUP, and Conditions for Approval above, staff recommends approval of the Findings of Fact and Conclusions of Law, with the proposed use and other details of the project as presented, with the following condition: • Maintain agreement to allow drop-off and pick-up of students from the current neighboring property, or another owner if needed, to ensure a safe off-street location for student drop-off and pick-up. FXI-IIRITC 1. Findings of Fact and Conclusions of Law 2. Application Materials 3. Current Zoning Map 4. Comprehensive Plan A. Future Land Use Map B. Comprehensive Plan Policies Relevant to the Application 5. Design Review A. Application Materials B. Design Review Clearance C. Response from Applicant 6. Evidence of Notice A. Idaho State Journal Public Notice B. Notice to Neighboring Property Owners C. Notice Area Surrounding Properties D. Mailing List of Neighboring Property Owners REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: March 4, 2024 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CHUBBUCK 1 0 A H 0 LAND USE & DEVELOPMENT COMMISSION 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR A SCHOOL IN THE VILLAGE (V) ZONE FACTS REQUEST: Request is for a Conditional Use Permit for a school in the Village (V) zone district as required by Section 18.08.020 of Chubbuck city code. TYPE OF COMMISSION 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 criteria and standards for approval per section 18.28.020.C.5 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICANT: Karli Coumerilh 471 Appaloosa Ave Pocatello, ID 83201 LOCATION: 121 Evans Ln in Chubbuck, ID SITE CHARACTERISTICS & ZONING CURRENT ZONING: Village (V) OWNER: KCC1 CURRENT LAND USE: House converted to office EXISTING STRUCTURES: House/office, garage PROJECT SIZE: .25 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Site has no surface water rights through the Fort Hall Irrigation Project SURROUNDING LAND USES AND ZONING 471 Appaloosa Ave Pocatello, ID 83201 RECENT TRAFFIC COUNTS: Evans Ln: 2019, 3,822/day; 2021, 6,417/day Knudsen Blvd: 2018, 4,752/day; 2021, 5,763/day Yellowstone Ave north of Evans: 2019, 21,178/day; 2021, 25,786/day Yellowstone Ave south of Evans: 2019, 24,893/day NORTH: Retail — Maverik and McKee's; Highway Corridor and Village zones EAST: Mixed commercial; Village and C-2 zones SOUTH: Retail, and vacant lots; Highway Corridor and Village zones WEST: Retail and commercial services; Highway Corridor and C-2 zones CUP Approval Form- FFCL SERVICES: ACCESS STREET: Evans Ln EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICES: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck IRRIGATION: None APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly a. Chapter 18.08 Land Use Districts and General Controls b. Chapter 18.16: Design Overlay District and Criteria c. Chapter 18.19: Chubbuck Village Criteria d. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures PROCEDURES: 1. A design review clearance was obtained February 1, 2024 in accordance with Chapter 18.16: Design Review Criteria of City Code. 2. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a Conditional Use Permit were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 3. In accordance with City Code 18.28.010, a public hearing was scheduled before the LUDC at the March 12, 2024 regular meeting of the Commission. 4. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing was provided at least 15 days prior to the public hearing as follows: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property within a 300 ft. radius of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 5. A public hearing was conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. 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 Conditional Use Permit as found in city code CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL section 18.28.020.C5 and the ability to impose conditions of approval in accordance with section 18.29.020.C6, the Land Use and Development Commission finds the following: 1. Conditions of Approval necessary to approve the Permit are (if any): a. Maintain agreement to allow drop-off and pick-up of students from the current neighboring property, or another owner if needed, to ensure a safe off-street location for student drop-off and pick-up. a C. H 2. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. 3. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 4. The proposed use is compatible with other existing and permitted uses in the general vicinity. 5. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. 6. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. 7. The proposed use, if it complies with all conditions imposed, WILL NOT adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. ORDER: CONCLUSION AND DECISION; PERMIT TERMS The Land Use and Development Commission, pursuant to the aforementioned, finds that the request for a Conditional Use Permit 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: /641-o'e\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL 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. This decision is effective ten (10) calendar days from its signing by the Chair. 5. Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void one (1) calendar year following the date on which such permit became effective, unless prior to expiration, the use has commenced, and all conditions of the permit are satisfied. 6. CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however, that the new owner complies with the terms of the permit. 7. CUPS may be revoked by the Community Services Director at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before LUDC; said hearing must be requested within ten (10) calendar days of the date of notification of noncompliance/intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this title. 8. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first appeal this decision to the City Council in accordance with section 18.28.080 and 18.28.090. APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF CITY OF CHUBBUCK, IDAHO, this /944c_\ CHUBBUCK 1 0 R H 0 day of Jason C. Mendenhall, Chair ATTEST: Joey Bowers, Clerk 20 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 1�40,c\ CHUBBUCK 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.GtyofChubbuck.us CONDITIONAL USE PERMIT (CUP) APPLICATION Aug. 2021 Form PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the .2n1 Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted of least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: INITIALS: PS FFFS PAID? ( AMOUNT 1 IK `ti --z.,-[ . S6 ir SECTION A -APPLICANT INFORMATION Al. Name Karli Coumerilh A2. Mailing Address 471 Appaloosa Ave City Pocatello state ID Zip Code 83201 A3. Phone Number (including area code) A4. Email Address 2083084270 karlicoumerilh@gmail.com AS. Is Applicant the Owner of Record? Yes ✓❑ No; If "No", an Affidavit of Legal interest must be completed and submitted under Section E, below SECTION B - OWNER INFORMATION (IF DIFFERENT THAN SECTION A) Bl. Name KCC1 B2, Mailing Address 471 Appaloosa Ace City Pocatello state ID Zip Code 83201 B3. Phone Number {including area code) B4. Email Address 2088818373 kirtcoumerilh@hotmail.com SECTION C - SITE INFORMATION Cl. Site Address {or Location if no Address) City Zip C2. Subdivision Name, Lot, Block, Div. No. (or Parcel No.) 221 Evans Ln Chubbuck �Co162.84 SECTION D - PLANNING INFORMATION Dl. Project Name D2, Project Size in Acres Cornerstone Learning Hub D3. Current Land Use(s) and Structures: There is currently one building and one detatch garage. Currently vacant. 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 A H D CONDITIONAL USE PERMIT (CUP) APPLICATION Aug. 2021 Form PAGE 2 OF 4 D5. Project request and detailed summary (attach additional sheet if necessary): See attached SECTION E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS E1. Application Fees: $ 585.00 CUP Fee +$52 50 Notice Fee ($1.50 x 35 required noticed — get # from staff) _ $637 50 Total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in amendment request E4. Proposed site plan and drawings showing: • Property boundaries • Existing and proposed buildings • Proposed buildings/uses • Proposed parking stalls and drive aisles • Sidewalks and pathways E5. Floor Plan E6. Copy of Design Review Committee minutes (if Committee approval is required) showing technical requirements of project and conditions of approval, and explanation of how the project design has resolved any issues. E7. Copies of any special studies or other information required by City Staff E8. Explanation of how the use meets the Standards for Approving a CUP (use additional sheet if necessary): 1. How will the proposed use comply with all applicable provisions of city code, unless modified through the CUP process? We will work with all local governing and regulatory agencies. Any necessary modifications will be requested by following all required procedures and obtaining approvals as needed. Our commitment is to operate the microschool in full compliance with city regulations while seeking necessary adjustments through the appropriate channels. 290 E Linden Avenue o Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us I n R N D CONDITIONAL USE PERMIT (CUP) APPLICATION Aug. 2021 Form PAGE 3 OF 4 2. How is the proposed use in conformance with the goals, objectives, and policies of the adopted Comprehensive Plan? My proposed microschool directly contributes to enhancing education opportunities for Pocatello/ Chubbuck residents. It serves as a tailored solution that addresses the specific needs of children within our community. 3. How is the use compatible with other existing or permitted uses in the general vicinity? Have changes been made to the proposal to enhance compatibility? There are no changes being made to the structure itself. We have an agreement with the neighboring property owner to allow for use of their parking lot during pick up and drop off time to ensure traffic flow is not disrupted. The proposed used is family oriented which supports the other uses in the vicinity. 4. How is the proposed use harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses? Due to its small size, the microschool will seamlessly blend into the surrounding environment, maintaining a cohesive and harmonious presence within the community. Are there any elements of the proposed use which could create undue burdens on transportation, police, fire, EMS protection, water/sewer, schools, or other public agencies or facilities in the vicinity? If so, how are the impacts being mitigated? N/A L CHUBBUCK I I A 11 0 290 E Linden Avenue Chub buck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CONDITIONAL USE PERMIT (CUP) APPLICATION Aug. 2021 Form PAGE 4 OF 4 6. Are there any elements of the proposed use which could adversely affect other properties or the environment in the vicinity? If so, how are the impacts being mitigated? NIA SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. e I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I certify that I am authorized to file this application. Prior to the hearings, a public notice sign will be posted on the property in I or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1. Sigjaat' � F2. Printed Name F3. Date Karli Coumerilh 2/11/24 G1. P•-vi'wed F, Date: G2. SCHEDULED FOR LUDCI fl -? mer! compi,.:- Elyes 11 No if t1o, list con_ Applicant Notifild? 11yes []No Comments: Scheduled Meeting Date: Applicant Contacted? Dyes 11No THIS MAP IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO ASSURANCES ARE MADE AS TO THE QUANTITY OF THE AREA, SQUARE FOOTAGE, OR ACREAGE OF THE LAND OR OF ANY IMPROVEMENT TO THE LAND. FLYING S TITLE AND ESCROW o � B O O O 1` O O T U ® RCCPCO26003 I RCI 191000200 El - _ C) <� 199.8 120.00 100.00 T•485 T-327 RCCPCO25001 RCFi910001; F 0 T-329 RCCPCO2620? rJ 3.53 RCCPCO26208 119.51 e T-463 7� o CLARE j a T-482 T- 8 0100 rn d �j !' II a RCCPCO2620 U Lo 1 76.6 200.00 138.61 5.00 50.0 0 � N ti g RCKC1000200 m R ,KC1000300 200.00 140.84 KN "CoEN�" 18.84 2 Victoria OWNER: Olson ADDRESS: 121 Evans Lane, Pocatello ID 83202 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE SWM/,NE'/. OF SECTION 10, TOWNSHP 6 SOUTH, RANGE 34, EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, A PORTION OF THE LAND DESCRIBED IN INSTRUMENT NO. 778989, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, BLOCK 1, DING CENTER FIRST ADDITION, {A SUBDMSION RECORDED IN BANNOCK COUNTY AS INSTRUMENT NO. 766367); THENCE SOUTH 8.9°20'49" EAST ALONG THE NORTH LINE OF SAID LOT 2, BLOCK 1, KING CENTER FIRST ADDITION, 168.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0OW14" EAST, 9528 FEET, AN INTERSECTION NTH THE SOUTH RIGHT OF WAY UNE OF EVANS STREET; THENCE SOUTH 88 W49" EAST ALONG THE SAID SOUTH RIGHT OF WAY UNE OF EVANS STREET 75.00 FEET TO A PONT 93.53 FEET WEST OF AN WTERSECTION WITH THE WEST RIGHT OF WAY LINE OF KINGS WAY, THENCE SOUTH 01 °10'46" EAST, 95.32 FEET TO A POINT 94 FEET WEST OF THE NORTHEAST CORNER OF LOT 3, BLOCK 1, KING CENTER FIRST ADDITION; THENCE NORTH 89°20'49,• WEST, 76.61 FEET TO THE POINT OF BEGINNING, tzo 09/28/2023 Co 10/04/2023 I 0 N Google laps 121 Bonanza Ave Chubbuckidaho J Google Street View Jun 2021 See more dates Mk,6 n Image capture: Jun 2021 C 2024 Google f'.v CO Parrish Ln A v �� QIIMPiI�I\ ^\IA 1 t Image capture: Jun 2021 C 2024 Google f'.v CO Parrish Ln A v �� QIIMPiI�I\ ^\IA 1 To Whom It May Concern, I am writing to share my vision for the property located at 121 Evans Lane - to open a microschool. My goal for this microschool is to create a vibrant learning community where students not only excel academically but also thrive socially and emotionally. To achieve this, I plan to implement innovative teaching methodologies and a student -centered, project -based approach in a mixed -aged `one room schoolhouse" style learning center. Furthermore, I aim to partner closely with families to ensure that each child has the support needed to succeed. It is clear that there is a demand for alternative schooling options in our local area. Families are seeking flexibility, small class sizes, individualized attention, and hands-on learning opportunities that traditional schools may not always provide. Therefore, in addition to offering full-time academic options, I will also provide academic enrichment classes tailored for homeschool students in a mixed -age setting. My vision extends beyond academic achievement; I aspire to cultivate a nurturing environment where students develop critical thinking skills and real practical life skills. This holistic approach to education will emphasize academic excellence, creativity, and social responsibility. In conclusion, I firmly believe that the establishment of a microschool in Chubbuck presents an exciting opportunity to revolutionize education and empower students to become lifelong learners and responsible global citizens. I am wholeheartedly committed to realizing this vision and would be grateful for your support in making it a reality. Thank you for considering our proposal. I eagerly await the opportunity to discuss it further and address any questions or concerns you may have. Warm regards, Karli Coumerilh r .. 130 Bonanza Ave) Chubbuck, Idaho c 1; ® Google Street View Jun 2021 See more dates y, �4 Y f.:,, .-: ty.�s..,. • 4 rk'9s {, w. r � 'v'i'`. 4+� *.t tau. YA% ^�' w.� 7� Jy F 35' ;;. _ 10x20 10x20 x P �♦ r PARKING AGREEMENT This agreement is entered by and between Logan Enterprises, LLC (Property Owner) and Karli Coumerilh (Owner of Cornerstone Learning Hub) on 1/26/2023 they may collectively be referred to as the "Parties." The Parties agree as follows: 1. Parking Area Description: 5 Parking Spaces along the east side of the parking lot at 4544 Yellowstone Ave, Chubbuck Idaho, bordering the property line of 121 Evans Lane. 2. These parking spaces are agreed to be used during the "drop off and pick up hours" of Cornerstone Learning Hub. These hours are 7:45-8:45 am and 3:00-4:00 pm Monday -Friday. 3. It is agreed that at no time will any of the spaces be used for long term parking. They will be short term used only for the time specified in this agreement. Property Owner and authorized Representative of Logan Enterprises, LLC Signature saott sprit yu.e Printed Name Scott Sprague Director and owner of Cornerstone Learning Hub Signature Karl.% cot4meri i Printed Name Karli Coumerilh Date OV-29/202411:35AM Date 0: /2 0s:32 T:>m Fcon\ iDoor 4ti d'i c (_........ 71 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) :ss County of Bannock KcC_J_ 7 Name 14 yAddress 10 CJ_Y-_C) Being first duly sworn upon ' City State Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Variance ❑ Annexation & Initial Zoning Request ❑ Preliminary Plat ❑ Final Plat 0' Conditional Use Permit or CUP Amendment ❑ Comprehensive Plan Map Amendment ❑ Planned Unit Development Designation or Amendment ❑ Creative Community Designation or Amendment ❑ Title Map Amendment (Rezone) to agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this 10 } day of 20 . Signature I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this -1u��day of h� stn w , 2Q_� personally appeared before me I-6'rt C un)r r�1V' , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day and last year above written, ( al) CORRINE FROST NOTARY PUBLIC - STATE OF IDAHO COMM. NO. 20222137 Residing at: _ E) Ca e ( i.o , Z�jC'_ L_ NOTARY PUBLIC i E i i Commsson Expires: 014 �S 11 a D.28 STATE OF IDAHO � -- FA#36566 WARRANTY DEED 20212593 For value Rem TIMOTHY AARON LEWIS and COREY LEWIS, husband and wife Hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto RICHARD L OLSON and CINDY D. OLSON, husband and wife whose address is: 121 EVANS LANE, CHUBBUCK, ID 83202 MAILING ADDRESS: 4544 YELLOWSTONE AVE STE C CDOBBOCK, ID 83202 Hereinafter called the Grantee, the folloWng described premises situated in Bannock County, Idaho, to -wit: A TRACT OF LAND LOCATED IN THE SW/,NE'/< OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34, EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, A PORTION OF THE LAND DESCRIBED IN INSTRUMENT NO. 778989, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, BLOCK 1, KING CENTER FIRST ADDITION, (A SUBDIVISION RECORDED IN BANNOCK COUNTY AS INSTRUMENT NO. 768367); THENCE SOUTH 89°20'49" EAST ALONG THE NORTH LINE OF SAID LOT 2, BLOCK 1, KING CENTER FIRST ADDITION, 168.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°04'14" EAST, 9528 FEET, AN INTERSECTION WITH THE SOUTH RIGHT OF WAY UNE OF EVANS STREET; THENCE SOUTH 89°20'49" EAST ALONG THE SAID SOUTH RIGHT OF WAY UNE OF EVANS STREET 75.00 FEET TO A POINT 93.53 FEET WEST OF AN INTERSECTION WITH THE WEST RIGHT OF WAY UNE OF KINGS WAY; THENCE SOUTH 01 °10'46" EAST, 95.32 FEET TO A POINT 94 FEET WEST OF THE NORTHEAST CORNER OF LOT 3, BLOCK 1, KING CENTER FIRST ADDITION; THENCE NORTH 89°20'49" WEST, 76.61 FEET TO THE POINT OF BEGINNING. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's hors and assigns forever. And the said Grantor does hereby meiant m and wtih the said Grantee, that the Grantor is the awner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessmerafis, and except U. S. Patent reservations, restrictions, easen-ents of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all cairns whatsoever. DR. TIT :M9re :iF:?�:1:�1 T1MSjTHY AARON LE yVIS COREY LEWIS STATE OF Idaho )SS - COUNTY OF BANNOCK 20211.2598 kecaded jift%iERICAN TITLE De>e:,& -'�)& vd P 3's7 ornwr Record Boos g `-3 -- Baaeock Couap Record* �/j� �1wb -— /sI On this 20th day of June, 2002, before me SHEILA GARRETT, personally appeared TIMOTHY AARON LEWIS and LEWIS, IS, Im m or identified to me (or proved to me on the oath orf), to be the persons) whose name(s) ARE su j�pd to the within instruament, and acknowledged to me that THEY executed the same. Notary'Public of Iddho Residing at Inkot'n, Idahb Commission Eq�s:.s79J17/05 , SITYI.L9:.3X? 1=TT TATrr OF ID hO STATE OF IDAHO Once of the secretary of state, Phil McGrarfe CERTIFICATE OF ORGANIZATION LIMITED LIABILITY COMPANY 4 Idaho Secretary of State PO Box 83720 Boise, ID 83720-0080 (208)334-2301 Filing Fee: $100.00 Certificate of Organization limited liability Company Select one: Standard, Expedited or Same Day Service (see Standard (filing fee $100) descriptions below) 1. Limited Liablllly Company Name Type of Limited Liability Company Limited Liability Company Entity name KCC1 LLC. 2. The complete street address of the principal office is: Principal Office Address 471 APPALOOSA AVE. POCATELLO, ID 83201 3. The mailing address of the principal office Is: Mailing Address 4. Registered Agent Name and Address Registered Agent 0005529366 For Office Use Only -FILED- File #: 0005529386 Date Filed: 12/28/2023 2:04:58 PM 471 APPALOOSA AVE POCATELLO, ID 83201-7012 Registered Agent Kirt Coumerilh Physical Address: 471 APPALOOSA AVE. POCATELLO, ID 83201 Mailing Address: 471 APPALOOSA AVE POCATELLO, ID 83201-7012 ® I affirm that the registered agent appointed has consented to serve as registered agent for this entity. 5. Governors Name Address Kirt Coumerilh 471 APPALOOSA AVE. POCATELLO, ID 83201 Signature of Organizer: Kirt Coumerilh Sign Here .12/28/2023 Date Page 1 of 1 Page 1 of 1 l� l� CD N 0 N W IV 0 b 7d (D n (D IJ - CD p. O 1-11n (D O i -h rt (D i --I S"t} O (D n n in O co W rt (D ADDEND M 1: I� RE -1'A ADDENDUM EDITION 1 (All addendums shall be numbered sequentially.) d/1NUAEDIT 24 ON 2 IDAHO THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. awo RLALTOW IF YOU HAVE ANY OUJ:STIONB, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING, nroartr4nnv 1 Today's Date:aanuary -11, ZUz4 2 3 This is an ADDENDUM to the 0 Purchase and Sale Agreement ❑Other 4 ("Addendum" means that the information below is added material for the agreement {such as lists or descriptions} and/or means the form is 5 being used to change, correct or revise the agreement {such as modification, addition or deletion of a term}), s 7 AGREEMENT DATED: December 29, 2023 ID #12292023 a 9 ADDRESS: 121 Evans Lane, Chubbuck, ID 83202 10 11 BUYER(S): KCC1 LLC 12 13 SELLER(S): Richard and Cindy Olson 14 is The undersigned parties hereby agree as follows: 16 Buyer to be KCCII LLC 17 13 19 20 21 22 23 24 25 za Z7 28 29 30 31 32 33 46 47 48 To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including all prior 49 Addendums or Counter Offers, these terms shall Control. All other terms of the Purchase and Sale Agreement Including all prior so Addendurns or Counter Offers not modified by this ADDENDUM shall remain the same. Upon its execution by both parties, this agreement 51 is made an Integral part of the aforementioned Agreement. 52 K- rt CDU.wr6Lh Di%1% Off¢ 53 BUYER: Date: 54 Kirt Coumerilh 55 BUYER: Date: ss 57 SELLER: Date: 58 59 SELLER: Date; This form Is printed and distributed by the Idaho Association of REALTORS°, Inc. This form has been designed and Is provided for use by the real estate professionals who are members of the x ldahoAssodation of REAS TOW'. USE SY ANY OTHER PERSON 15 PRONIHIM, OCopyright Idaho Association orREALTQRS', Inc. All rights reserved. JANU RY 202,4, #<DITION RE -11 ADDENDUM Page 1 of 1 - - - 5ematlF: 078612a00170a985307 �rarm Prepared by: Elaine Prokschl-Dailey Silvemreek Realty Group I elalne®home4ldaho.com 1 2093174650 Si It n mp city EWdmnM INBlgwd u,hq espnonmenr5anahnrq; Qee3ie6To-a�daem2vao-esn�eeAeasrs� AR RE -23 COMMERCIAL./INVESTMENT >ANu REAL ESTATE PURCHASE AND SALE AGREEMENT EDITION tlr THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. IDAH IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY ANDiOR ACCOUNTANT BEFORE SIGNING. NO WARRANTIES REALTORS TABILITY, AGREEMENTS OR REPRESEN ATIONS NOT EXPR, INCLUDING, TESSS Y SET FORTHOUT H HEREIN ANY ASHALL BE BINDINGRRANTY OF UPON EITHER PARTY. i IDt# 12292023 T DATE January B, 2024 2 3 LISTING AGENCY Keller Williams Realty East Idaho _ _ Office Phone # 208 2329010 Fax # 4 ListingA Dave Nelson E -Mail Agent g dave@davenelsongroup.com Phone # 2D$-408-4302 6 SELLING AGENCY Silver_c-reek.Realty Group Office Phone # .(20$� 377.0422 Fax # (2081.939-7355 s Selling Agent Elaine Prokschl-Batle E -Mail alainedhome4idaho.com Phone # (208) 3174050 7 s 1. BUYER: Kirt Coumerith 9 (Hereinafter called "BUYER") agrees to purchase, and SELLER: Richard and Cindy Olson 10 (Hereinafter called "SELLER") agrees to sell the following described real estate hereinafter referred to as "PROPERTY" 11 COMMONLY KNOWN AS 121 Evans Lane 12 City Chubbuck County Bannock Idaho, Zip83202 legally described as: 13 14 OR Legal Description Attached as exhibit A (Exhibit must accompany original offer and be signed or initialed by 16 BUYER and SELLER.) 16 PURCHASE sonip DOLLARS , iswhichh shall be at Closing, unlessot otherwise tlcediartdeniIheto.Title of SELLER Is to be conveyed b Qwarranty deed E] special icy (notincluding dng ) 20 21 3. FINANCING CONTINGENCY: This❑IS❑IS NOT an all cash offer. If this is an all cash offer BUYER'S OBLIGATION TO CLOSE SHALL NOT 22 BE SUBJECT TO ANY FINANCING CONTINGENCY. BUYER agrees to provide SELLER within business days (five [5] if left blank) from the dale of 23 acceptance of this Agreement by all parties written confirmation of sufficient funds and/or proceeds necessary to close transaction. Acceptable 24 documentation includes, but is not limited to, a copy of a recent bank or financial statement. If this is not an all cash offer and an appraisal is required 25 by lender, the PROPERTY must appraise at not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request. BUYER 26 shall exercise good faith reasonable efforts to obtain financing. BUYER may also apply for a loan with different conditions and casts and close transaction 27 provided all other terms and conditions of this Agreement are fulfilled, and the new loan does not increase the costs or requirements of the SELLER. This 28 Agreement is only subject to a satisfactory appraisal and final lender underwriting after the release of all contingencies, inspections, due diligence and 29 feasibility studies have been completed to the satisfaction of BUYER 3o This offer Is contingent upon the sale, refinance, and/or closing of any other property ❑ Yes R No 31 Cash proceeds from another sale: ❑ Yes Q No (No If left blank) 32 33 4.$ 1,000.00 EARNEST MONEY: One Thousand Dollars DOLLARS 34 BUYER hereby offers the above stated amount as Earnest Money which shall be credited to BUYER upon dosing. Earnest Money is/will be: Evidenced by: Hol_ d By: Delivered: Deposited: ❑ Cash ❑ Responsible Broker ❑ With Offer [R] Upon Receipt and Acceptance 3s 36 37 38 39 40 41 42 43 44 45 48 []x Personal Check ❑x Closing Company 0 Within 5 business days (three (3] if ❑ Upon Receipt Regardless of E3 Cashier's Check left blank) of acceptance. Acceptance ❑ See Section 5 ❑ See Section 5 0 See Section 5 ❑ Wiroi8lectronic Transfer ❑ Note ❑ See Section 5 THE RESPONSIBLE BROKER SHALL BE: Krista Deacon S. OTHER TERMS ANDIOR CONDITIONS: This Agreement is made subject to the following special terms, considerations, addenda and/or K C 0:[/07/n_02-+ ( co ) Date O�./10/2024 BUYER'S Initials L ___ )(_ )Date SELLER'S Initials � _ }{ ^ This form is printed and distributed by the Idaho Association of REALTORS*, Ine.This form has been designed and Is provided for use by the real eslate professional v ,C�nn 11�g���,ppf he Idaho Assnoia8on of REALTORS. USE BY ANY OTHER PERSON Is PROHIBITED. CCapydght Idaho Amc dation of REALTORS°, Inc. Al rights s=.U�"`' V JANUARY 2023 EDITION RE 23 COMMERCIAL 1 INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 7 Serials; 014737-9001704598576 Form -- - Prepared by: Elaine Proksohl-Bailey I SlImcreek Roalty Gorup i elalne@home41daho.com 1 2083174850 Simplicity cw�lysia"d ko.-t8..n io JANUARY 2023 EDITI914 RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7 PROPERTY ADDRESS: 121 Evans Lane, Chubbuck, ID 03202 IDO: 12292023 47 6. DEADLINES: The following deadlines shall be binding on the parties and referred by name in this Agreement. TIME IS OF THE ESSENCE IN THIS 4a AGREEMENT. 49 50 (A) "SELLER DISCLOSURE DEADLINE": 10 CALENDAR DAYS (ten [10] if left blank) from acceptance. 61 (B) "DUE DILIGENCE DEADLINE": 110 CALENDAR DAYS (thirty [30] if left blank) from acceptance. 52 (C) "SETTLEMENT AND CLOSING DEADLINE"; May 10, 2024 (DATE) 53 64 7, TITLE COMPANY: The parties agree that Flying S Title &_Escrow_ 55 Title Company located at Pocatello ID _ shall provide the title 56 policy and preliminary report of commitment. 67 58 The parties agree that the CLOSING COMPANY for this transaction shall be -__Flying S Title & Escrow 59 located at Pocatello ID 6a . If a long-term escrowcollection is involved, 61 then the long-term escrow holder shall be 62 83 8. ACCEPTANCE: This offer may be revoked at any time prior to acceptance and is made subject to acceptance an or before 64 (Date) January 10, 2024 at (Local Time in which PROPERTY is located) 5:00 E) A.M. X P.M. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 86 B6 87 86 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 106 106 107 108 109 110 111 112 113 114 9. ASSIGNMENT: This Agreement and any rights or interests created herein 0 may ❑ may not be sold, transferred, or otherwise assigned. 10. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE PURCHASE PRICE (unless excluded below) and shall be transferred free of lions and in as -Is condition. Unless specifically excluded below, the fixtures and fittings and irrigation fixtures and equipment, that are now on or used in connection with the PROPERTY are included in the purchase price and shall include (1) all personal property owned by the SELLER and used primarily in connection with the PROPERTY, and (2) all rights and easements appurtenant to the PROPERTY. BUYER should satisfy himself/herself that the condition of the included Items is acceptable. The terms stated In this section shall control over any oral statements, prior written communications and/or prior publications including but not limited to MLS listings and advertisements. Personal property described in a property disclosure report shall not be inferred as to be included unless specifically set forth herein. ITEMS SPECIFICALLY INCLUDED IN THIS SALE: Range/Oven, Refrigerator ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 11. SETTLEMENT AND CLOSING DATE: Setttement and Closing shall take place on the Settlement and Closing Deadline, unless the parties to this Agreement agree up on another date in writing. Settlement and Closing shall be deemed to have occurred only when all of the following have been fully completed: (a) BUYER and SELLER have signed and delivered to the Escrow Agent all documents required by this Agreement, by any lender, or by applicable law; (b) any monies required to be paid by the BUYER under this Agreement (including any proceeds of any new loan) have been delivered by BUYER, or BUYER's lender, to the Escrow Agent; (c) any monies required to be paid by the SELLER under this Agreement have been delivered by SELLER to the Escrow Agent; and (d) the applicable closing documents have been recorded In the official records of the County Recorder of ft county in which the PROPERTY is located. At Closing, SELLER and BUYER shall execute an Assignment and Assumption Agreement transferring all leases and vendor contracts assumed by BUYER through written agreement of the Parties. 12. TITLE INSURANCE: There may be types of title Insurance coverages available other than those listed below and parties to this agreement are advised to talk to a title company about any other coverages available that will give the BUYER additional coverage. (A). PRELIMINARY TITLE COMMITMENT AND CC&RS: No later than the Seller Disclosure Deadline, SELLER shall tumish to BUYER, at SELLER's sale cost and expense, a preliminary commitment of a title insurance policy showing the condition of the title to said PROPERTY, which shall include a copy of each instrument, agreement or document listed as an exception to title in the title commitment that Is reasonably available to SELLER ali'd a copy of any covenants, conditions and restrictions (CC&Rs) applicable to the PROPERTY. BUYER shall have business days (Fifteen [15] if left blank) from receipt of the preliminary commitment within which to object In writing to the condition of the title as set forth in the preliminary commitment. BUYER shall have fifteen (15) business days from receipt of the CC&Rs to object to any term stated therein. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title and the CC&Rs. if the title of said PROPERTY is not marketable, or cannot be made so within _ business days (ten [10] if left blank) after notice containing a written statement of defect is delivered to SELLER, or BUYER objects to the CC&Rs then BUYER, at BUYER's option, may either: (a) terminate this agreement by written notice to the SELLER, in which BUYER'S Earnest Money deposit shall be returned to BUYER and neither party shall have any further rights, obligations or liabilities except as expressly set forth in this Agreement; or (b) continue with this Agreement and, if closing occurs, accept the CC&Rs and title subject to the uncured title defects other than monetary liens. SELLER covenants and agrees that all monetary liens shall be removed by SELLER at closing or insured against by the title insurer, whether or not BUYER has designated such monetary liens as title defects. Nothing contained herein shall constitute a waiver of BUYER to challenge CC&R terms directly with a homeowners association after closing. BUYER'S Initials )( ) Date &I/0y,/202+ SELLER'S Initials ( 1:zo )( Cp ) Date 01/20/2024 This form is printed and distributed by the Idaho Association of REALTORS', Inc.This farm has been designed and Is provided for use by the real estate profession l �te Idaho Assoclaaon orREALTORS'. USE BY ANY OTHER PERSON 18 PROHIBITED. WCopydght Idaho Association of REALTORS'. Inc. All rights reserved. JANUARY 2,023 EDITION RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7 5eriatik: o1a7Sy.9aa9TD-ti59a576Form Prepared by: Elaine Proksehl-eailoy I Silvercreak Really Group I elatne@homa4idaho.com 12083174650 F:lsimpjieity EN,wonrcwyalp�aauaNwe9ipnoxrnaa' 1s Im ro: BBL £�h1�fY00'dob6PAom7 0 JANUARY 2023 EDITION RE 23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7 PROPERTY ADDRESS: 121 Evans Lane, Chuhbuck 10 83202 ID#: 12292023 (B). STANDARD COVERAGE OWNERS POLICY: At Settlement, SELLER shall, at SELLER's sole expense, furnish to BUYER a title insurance policy in the amount of the purchase price of the PROPERTY showing marketable and insurable title subject to the liens, encumbrances and defects to be discharged or assumed by BUYER as provided herein. BUYER, at its sole option, cost and expense, may elect to obtain an Extended Coverage ALTA policy of title Insurance or additional specific endorsements. 13. SQUARE FOOTAGE AND BOUNDARY VEMPICATION: BUYER is aware that any reference to the square footage, the boundaries and/or properly lines of the real property or improvements is approximate. If exact knowledge of the square footage, boundaries and/or property fines is material to the BUYER, they must be verified by BUYER during the, inspection period. BUYER is advised that fences, walls, hedges, and other natural or constructed barriers or markers do not necessarily identify true property boundaries. Property lines and boundaries maybe verified by surveys. 125 14. SELLER DISCLOSURES. No later than the Seller Disclosure Deadline, SELLER shall disclose, and provide copies if available, to BUYER the 126 following: 127 (a) any studies andfor reports that have previously been performed in connection with or for the PROPERTY, including without limitation, 128 environmental reports, soil studies, seismic studies, site plans and surveys; its (b) any notices relating to a violation of applicable law Including, without limitation, environmental law and laws relating to land use, zoning or 130 compliance with building codes; 131 (c) SELLER shall make available for inspection all documents in SELLER's possession relating to ownership, operation, renovation or development of 132 the PROPERTY Including: statements for real estate tax assessments and utilities for the last year; properly management agreements; leases or other 133 occupancy agreements; maintenance records, accounting records and audit records for the past year; and installment purchase contracts or leases of 134 personal property used in connection with the PROPERTY: and 135 (d) all other documents described in any Addenda or Counteroffer to this Agreement. 136 137 15. FEASIBILITY CONTINGENCY: 1313 (A). BUYER's obligations under this Agreement are conditioned upon BUYER's satisfaction, In BUYER's sole discretion, concerning all aspects of the 139 feasibility of the PROPERTY for BUYER's Intended purpose. This shall include, but is not limited to: the contracts and leases affecting the PROPERTY; 140 the potential financial performance of the PROPERTY; the availability of government permits and approvals. This contingency shall be deemed 141 waived unless BUYER gives written notice to SELLER on or before the Due Diligence Deadline that the PROPERTY is unfit for BUYER's intended 142 purpose. If such notice is given, the Earnest Money shall be refunded to BUYER. 143 (B). INSPECTION OF VENDOR CONTRACTS: In addition to the documents to be disclosed under the Seller Disclosures, SELLER shall make available 144 for inspection by BUYER and its agents by the Seller Disclosure Deadline all "Vendor Contracts" which shall include maintenance and service contracts, 146 and installment purchase contracts or leases and personal property or fixtures used in connection with the PROPERTY. BUYER shall determine by the 146 Due Diligence Deadline: (I) whether SELLER will agree to terminate any objectionable Vendor Contracts; and (11) whether SELLER will agree to pay any 147 damages or penalties resulting from the termination of objectionable Vendor Contracts. BUYER's voluntary waiver of the Feasibility contingency shall 148 signify BUYER's acceptance of all Vendor Contracts that SELLER has not agreed in wriling to terminate. BUYER shall be solely responsible for obtaining las any required consents to assumptions of Vendor Contracts and the payment of any assumption fees. SELLER shall cooperate with BUYER's efforts to 150 receive any such consents but shall not be required to incur any additional expenses or liabilities In doing so. 161 1s2 113. INSPECTIONIDUE DILIGENCE: 163 (A). In conducting BUYER's due diligence prior to the Due Diligence Deadline, or at any time thereafter if and to the extent required by the lender, BUYER 154 shall have the right to conduct Inspections, Investigations, tests, surveys and other studies at BUYER'S expense unless otherwise agreed upon in writing 165 by the parties. BUYER must provide reasonable advance notice of BUYER's Intent to inspect or test the PROPERTY, and all Inspections, Investigations, 156 tests, surveys and other studies must be conducted at reasonable times. SELLER shall have the right to accompany BUYER and any of Its agents on 157 the PROPERTY at all times. All inspections and tests shall be conducted in a manner that does not unreasonably disrupt the activities and business of 158 SELLER and its tenants. BUYER shall indemnify, hold harmless and defend SELLER, its tenants and employees for any claims for liens, physical 159 damage or personal injury resulting from BUYER's due diligence inspections and/or tests. 160 (B). SATISFACTIONIREMOVAL OF INSPECTION DUE DILIGENCE CONTINGENCIES: tel (1). If BUYER, in BUYER's sole discretion, determines that the results of the BUYER's due diligence are not acceptable, then BUYER, no later than 162 the Due Diligence Deadline, shall either: (a) cancel this Agreement providing written notice to SELLER, In which event the Earnest Money deposit shall 153 be returned to BUYER; or (b) providing to SELLER a written notice setting forth BUYER's disapproved items. 164 165 (2). If BUYER does not within the strict time period specified take either of the actions stated in Section 16 (B)(1), BUYER shall conclusively be 166 deemed to have: (a) completed ail Inspections, Investigations, review of applicable documents and disclosures; (b) elected to proceed with the 167 transaction; (c) assumed all liability, responsibility and expense for repairs or corrections other than for Items which SELLER has otherwise agreed in 168 writing to repair or correct; and (d) unless another condition or contingency set forth in an Addendum or Counteroffer remains unsatisfied, the Earnest 169 Money deposit shall become nonrefundable except upon an Instance of SELLER's default. 170 171 (3). If BUYER timely provides notice of disapproved Items to SELLER, BUYER and SELLER shall have five (5) business days after SELLER's receipt 172 of the notice of disapproved items in which to agree in writing upon the manner of resolving the disapproved Items. If BUYER and SELLER have not 173 agreed in writing upon the manner of resolving the disapproved items by the deadline, BUYER. may cancel this Agreement by delivering written notice to 174 SELLER no later than fifteen (15) days after SELLER's receipt of the notice of disapproved items; whereupon the l=amest Money deposit shall be returned 175 to BUYER and neither party shall have any further rights or obligations under this Agreement. If BUYER does not give such written notice of cancellation 176 within the strict time periods specified, BUYER shall conclusively be deemed to have elected to proceed with the transaction without repairs or corrections 177 other than for items which SELLER has otherwise agreed in writing to repair or correct and the Earnest Money deposit shall become nonrefundable 178 except upon an Instance of SELLER's default or unless otherwise stated herein. 179 iao 17. SELLER REPRESENTATIONS AND WARRANTIES: SELLER represents and warrants that the following statements are true and complete as is' of the date of SELLER's execution of this agreement and shall be true as of the date of Settlement and Closing: 1132 (a). There is no action, suit, administrative proceeding or other proceeding pending in any court or before any arbitrator of any kind or before or by 103 any governmental body or, to SELLER's knowledge, threatened against SELLER and/or the PROPERTY which may adversely affect this 194 transaction; BUYER`S Initials Dat 6v07/2.0x.4 SELLER'S Initials ( ){ CO )Date 011WA:w.24 This form is prrnled and distributed by The Idaho Association of REALTORS", Inc,Thls form has been designed and Is provided for use by the rear estate proressiana� h �rgnf he Idaho Association of REALTORS". USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright IdahoAssoda5on of REALTORS°, Inc. All rights D dG'"`[['"' JANUARY 2023 E01TION RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7 -- - ..._ ... .. ... _. _ . - .... ..._...- . _.... - -- - --. sedavf: 131137137-sTlol7a�tss9sr6 "Form Prepared by: Elaine Pfokschl-Bailey I Sllvernmek Realty Group I olslne@home4ldaho.00m 12083174&10 ForanClty wc�muuryra,��a u„re ostp,o,�on"w [sos��„io:aemn�ama�eawep aae�myuaarsg JANUARY 2023 EDITION RE -23 COMMERCIAL/ INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7 PROPERTY ADDRESS -121 Evans Lane, Chubbuck, ID 03202 ID#: 12292023 las (b). All work which will be performed in, on or about the PROPERTY or materials furnished to the PROPERTY which might, in any circumstance, 186 give rise to a mechanic's or matedalman's lien will be paid and no such liens shall encumber the PROPERTY at the time of Settlement and 187 Closing; lea (c). SELLER has not received any written notice or citation indicating that the PROPERTY is In material violation of any applicable taw; 180 (d). Neither SELLER nor any other person, to SELLER's knowledge, have ever caused or permitted any hazardous materials to be placed, held, 100 located or disposed of on, under, or at the PROPERTY in violation of applicable low; and 191 (e). To SELLER's knowledge, the consummation of the transaction contemplated by this Agreement does not and will not conflict with or result in a 192 material breach of any of the terms or provisions of any other agreement, arrangement, undertaking, accord, document or instrument to which 193 SELLER is a party or by which SELLER or the PROPERTY is bound. 194 195 18. CONDITION OF PROPERTY AT CLOSING' Upon expiration of the flue Diligence Deadline, BUYER agrees BUYER Is purchasing the PROPERTY 196 in as -is -condition with all faults and with no further repairs required subject only to the representations and warranties stated herein or unless othenuis- 197 190 199 zoo 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 215 219 220 221 222 223 224 225 226 227 228 agreed upon by the parties In writing. Upon Closing, BUYER will assume all obligations with respect to the PROPERTY. Prior to closing SELLER shall ensure all personal property not specifically transferred under this Agreement Is removed from the PROPERTY and that the PROPERTY is free of debris. SELLER shall have no right to abandon personal property by leaving the same on the PROPERTY. In the event any personal property remains on the PROPERTY after closing the same shall be deemed to have no value and may be disposed of, sold, or acquired by BUYER without notice or compensation to SELLER; BUYER shall have a cause of action against SELLER for reasonable costs and expenses for the removal of same; and SELLER shall indemnify BUYER for claims from third parties related to the same. BUYER and SELLER intend for the provisions of this section to survive closing and not merge with any subsequently executed deed as it is a collateral stipulation. 19, OPERATIONS PRIOR TO CLOSING; Between the parties' execution of this Agreement and Closing, and except otherwise agreed to by the parties in writing, SELLER: (a) shall not execute any lease affecting the PROPERTY; (b) shall comply with all applicable laws affecting the PROPERTY; (c) shall not create or force to be created any further monetary liens on the PROPERTY; (d) shall not make any substantial alterations or improvements to the PROPERTY; (e) shall continue and maintain all current casualty and liability insurance policies covering the PROPERTY; (f) shall not use, produce manufacture, generate, treat, handle, store, release or dispose of any hazardous material In, on or under the PROPERTY, except as permitted by applicable environmental laws; (g) SELLER shall continue to operate the PROPERTY in the ordinary course of its business; and (h) maintain the PROPERTY in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided by this Agreement. After the Feasibility Period, SELLER shall not enter into or modify existing rental agreements or leases (except that SELLER may enter into, modify, extend, renew or terminate rental agreements or leases in the ordinary course of Its business), service contracts, or other agreements affecting the PROPERTY which have terms extending beyond Closing without first obtaining BUYER'S consent, which shall not be unreasonably withheld. 20. CLOSING COSTS AND PRORATION& Unless otherwise stated, SELLER and BUYER shalt each pay one-half of the fee charged by the Escrow Agent for its services in the Settlement and Closing, SELLER shall deliver an updated rent roll to Closing Agent not later than five (5) days before the scheduled Closing date and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. SELLER certifies that the Information contained in the rent roll Is correct as of the date submitted. If tenants pay any expenses directly, then Closing Agent shall only pro rate those mortgage reserves for assumed financing for which BUYER receives the benefit after Closing. If the PROPERTY was taxed under a deferred classification prior to Closing, then SELLER shall pay alf taxes, interest, penalties, deferred taxes or similar items which result from removal of the PROPERTY from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to BUYER or delivered to BUYER. BUYER shall pay any sales or use tax applicable to the transfer of personal property included in the sale. Property taxes and water assessments (using the last available assessment as a basis), rents collected, interest and reserves, liens, encumbrances or obligations assumed, and utilities shall be prorated 0 upon closing or as of ❑ date _ . Proration set forth in this section shall be made by the Escrow Agent as of the Settlement Date unless otherwise agreed to by the parties In writing. BUYER to reimburse SELLER for fuel in tank ❑Yes El (]NIA. Dollar amount may be determined by SELLER'S supplier. 7eD CO AVID/2.Da.4 BUYER'S Initials �( } Date /D ��A2 SELLER'S Initials ( 1( _ .) Date This form is printed and distributed by the IdohoAssocration of REALTORS*, Inc.This form has been designed and is provided for use by the real estate pro1essIona4W e Idaho Assoclaltan of REALTORS'°. USE BY ANY OTHER PERSON 19 PROHIBITED. 0Copyright Idaho Association of RFALTORT, Inc. Air rights reserved. . N A .-02 - . I-TIRNI RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7 serial#: 014737.900170.4598$76 a Form Prepared by:ElaineProkschl-Bailey I SilvercreekRealty Group I elalne@heme4idahe.com 120831741350 Simplicity POMN�ly%W ume eawokle� 1 se,aw„ru:au�msopnmia�e aH BUYER SELLER Shared Equally I NIA BUYER SELLER Shared Equally NIA Appraisal t=ee ❑ ❑ ❑ n Environmental Inspection (Phase 1) ❑ ❑ ❑ Long Term Escrow Fees ❑ ❑ ❑ Environmental Inspection (Phase 2) ❑ ❑ ❑ Closing Escrow Fee ❑ ❑ 0 ❑ Environmental Inspection (Phase 3) ❑ ❑ ❑ Surve Shall be ordered by.0 BUYER ElSELLER © El 11 n PERC Test ❑ ❑ ❑ Flood CertificationlTracking Fee ❑ ❑ ❑ 0 Zoning Variance ❑ ❑ ❑ 9 Title Ins. Standard Coverage Owner's Polis El NJ El El❑ Soil{s) Test(s) ❑ ❑ 0 Title Ins. Extended Coverage❑ Policy—Mortgagee Policy ❑ ❑ El Waste Report(s) ❑ ❑ 11 191ender's Additional Title Coverage n ❑ ❑ ❑ ©omesdc well Water Potability Test Shall be ordered by: ❑ BUYER ❑SELLER ❑ ❑ ❑ Q Water Rights/Shares Transfer Fee ❑ ❑ [E Domestic Weil Water Productivll Te Shall be ordered by: ❑ BUYER (SELLER ❑ ❑ ❑ N Altomey Contract Preparation or Review Fee ❑ ❑ ❑ 0 Septic Inspections Shall be ordered by: ❑ BUYER [SELLER ❑I ❑ ❑ d ❑ ❑ ❑ ShSeptic Pumping all be ordered by: ❑ BUYER ❑SELLER © ❑ ❑ ❑ ❑ I W ❑ ❑ ❑ 9 7eD CO AVID/2.Da.4 BUYER'S Initials �( } Date /D ��A2 SELLER'S Initials ( 1( _ .) Date This form is printed and distributed by the IdohoAssocration of REALTORS*, Inc.This form has been designed and is provided for use by the real estate pro1essIona4W e Idaho Assoclaltan of REALTORS'°. USE BY ANY OTHER PERSON 19 PROHIBITED. 0Copyright Idaho Association of RFALTORT, Inc. Air rights reserved. . N A .-02 - . I-TIRNI RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7 serial#: 014737.900170.4598$76 a Form Prepared by:ElaineProkschl-Bailey I SilvercreekRealty Group I elalne@heme4idahe.com 120831741350 Simplicity POMN�ly%W ume eawokle� 1 se,aw„ru:au�msopnmia�e aH 229 230 231 232 233 234 236 236 237 238 239 240 241 242 243 244 245 246 247 246 249 250 251 252 253 254 255 256 257 266 259 260 261 262 263 264 265 266 287 266 269 270 271 272 273 274 275 275 R77 278 279 280 261 282 283 284 286 286 287 288 289 JANUARY 2023 EDITION RE -23 COMMERCIAL/ INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7 PROPERTY ADDRESS:121 Evans Lane, Chubbuck, IU 63202 ID#: 12292023 21. POST -CLOSING ADJUSTMENTS, COLLECTIONS AND PAYMENTS: To the extent any Items were prorated or credited at Closing based upon estimates, BUYER and SELLER shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof after Closing. Any bills or invoices received by BUYER after Closing which relate to services rendered or goods delivered to the SELLER or the PROPERTY prior to Closing shall be paid by SELLER upon presentation of such bill or invoice. At BUYERS option, BUYER may pay such hill or invoice and be reimbursed the amount paid plus Interest at the rate of 12% per annum beginning fifteen (15) days from the date of BUYER's written demand to SELLER for reimbursement until such reimbursement is made. ]Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post -closing reconciliation to the actual amounts of those expenses, then BUYER shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of SELLER for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of SELLER shall be turned over by BUYER to SELLER promptly after receipt. SELLER shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. 22, RISK OF LOSS OR NEGLECT: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the PROPERTY be materially damaged by fire, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of BUYER, and If voided BUYER'S Earnest Money shall be returned to BUYER. 23, SECTION 1031 TAX DEFERRED EXCHANGE: BUYER ❑ Does[ ]x. Does Not Intend to do a 1031 Tax Deferred Exchange (NIA if left blank). Each party shall cooperate with the other Party in effectuating an exchange under IRS Section 1031; provided however, that the other Party's cooperation shall be conditioned on the following; (a) the exchange shall be at no additional liability and/or cost to the other Party; (b) the exchange shall not delay Settlement or Closing; and (c) the other Party shall not be required to acquire title to any proposed exchange properties to accommodate an exchange. The exchanging party shall Indemnify, defend and hold the other Party harmless from and against all clalms, demands, costs and expenses which that Party may sustain as a result of the actual or attempted 1031 exchange. 24, POSSESSION: BUYER shall be entitled to possession 9 upon closing or ❑date time ❑A.M. ❑P.M. 25. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission shall be ft same as delivery of an original. At the request of either the BUYER or SELLER, or the tender, or the Closing company, or either broker, the BUYER and SELLER will confirm facsimile or electronic transmitted signatures by signing an original document. SELLER and BUYER consent to conduct the transaction referenced herein, when not prohibited by law, by and through electronic means in accordance with Idaho's Uniform Electronic Transaction Act and Idaho Code § 54-2052. Unless specifically stated othetwlse, delivery of any document, notice or communication to a Broker or real estate licensee working on behalf of a party hereto, shall constitute delivery to that party. 26. WIRE TRANSFER WARMING: Electronic means of transferring money (i.e. ETF, wire transfer, electronic check, direct deposit, etc...) are subject to sophisticated cyber fraud attacks. These attacks are even more prevalent in real estate transactions due to the large sums of money being exchanged. All parties are advised that Brokerage will not provide electronic transfer instructions by e-mail. Following money transfer instructions contained In an email from any party Is inherently dangerous and should be avoided. All parties agree that if any party uses, or authorizes the use of, electronic transfer of funds in a transaction all parties hereby hold the Brokerages, their agents, and the designated title and escrow company harmless from any and all claims arising out of inaccurate transfer instructions, fraudulent Interception of said funds and/or any other damage relating to the conduct of third parties influencing the transfer process or stealing funds. 27. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M. in the local time zone where the subject real PROPERTY is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized by the state of Idaho as found in Idaho Code §73 - 106. If the time In which any act required under this agreement is to be performed Is based upon a business day calculation, then it shall be computed by excluding the calendar day of execution and including the last business day. The first business day shall be the first business day after the date of execution. If the last day is a legal holiday, then the time for performance shall be the next subsequent business day. 28. CALENDAR DAYS; A calendar day is herein defined as Sunday through Saturday, 12:00 A.M. to 11:59 P.M, in the local time zone where the subject PROPERTY Is physically located. A calendar day shalt include any legal holiday. The time in which any act required under this agreement Is to be performed shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference to "day" or "days" In this agreement means the some as calendar day, unless specifically enumerated as a "business day." 29. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER shall be entitled, as SELLER's sole and exclusive remedy, to terminate this Agreement by written notice to the BUYER, in which event the Earnest Money deposit shall be paid to SELLER as liquidated damages. However, in the event the parties mutually agree in writing that any Earnest Money shall become non-refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shail not constitute liquidated damages; nor shall it act as a waiver of other remedies, all of which shall be available to SELLER; it may however be used to offset SELLER'S damages. If SELLER defa ft having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit, including but not limited to any Earnest Money that has become non-refundable, shall be returned to BUYER and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, Brokerage fees and allomey's fees, €f any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. 290 30. EARNEST MONEY DISPUTWINTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that 291 in the event of any controversy regarding the Earnest Money and things of value held by Broker, Broker may reasonably rely on the terms of this Agreement 292 or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker shall not be required to take any action 293 but may await any proceeding, or at Broker's option and sole discretion, may Interplead all parties and deposit any moneys or things of value into a court of 294 competent jurisdiction and shall recover all costs which were incurred as a result of the dispute including, but not limited to, reasonable attorney's fees. If either ail /a /aaTwo ao BUYER'S Initials Mate ate � SELLER'S Initials ( )( )mate 01/10/2024 This form Is printed and distributed by the Idaho Association of REALTORS Inc.Thls form has been designed and Is provided for use by the real estate professlonaiof�the Idaho Association of REALTORS', USE BY ANY OTHER PERSON IS PROHIBITED.00opyright Idaho Association of REALTORS°, Ina All rights reserved. JA UARY 2023 EDITION RE -23 COMMERCIAL 1 INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7 SsrialA; 014737-900170-4598S76 , t norm Prepared by: Elaine Proksch6Balley I Silvemeek Really Group 1 elalne@home41daho.corn 1 2083174650 fAsimplicity �kcuen�r,e�yn°awh�q °sgnMna-Is°uwnln:e � JANUARY 2023 EDITION RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page B of 7 PROPERTY ADDRESS: 1211 Evans Lane, Chubbuck, ID 83202 IDti; 12292023 295 parties' Broker Incurs attomey's fees as a result of any Earnest Money dispute, whether or not formal legal action Is taken, said Broker is entitled to recover 296 actual fees incurred from either BUYER or SELLER. 297 298 31. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this egg Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable costs and attorney's fees, including such costs and fees 3oa on appeal. 301 302 32. SEVERABILITY: In the case that any one or more of the provisions contained in this Agreement, or any application thereof, shall be invalid, illegal or 3oa unenforceable In any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 304 33. COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement In counterparts shall mean the signature of two identical 3os copies of the some agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all identical copies shall together 3os constitute one and the same instrument. 307 sob 34. AUTHORITY OF SIGNATORY: If BUYER or SELLER Is a corporation, partnership, trust, estate, or other entity, the person executing this agreement $09 on Its behalf warrants his or her authority, to do so and to bind BUYER or SELLER. Mo 311 35. ENTIRE AGREEMENT: This Agreement including any addendums or exhibits, constitutes the entire Agreement between the parties respecting the 312 matters sat forth and supersedes all prior Agreements between the parties respecting such matters. This Agreement may be modified only by a written 313 agreement signed by each of the parties. 314 315 38. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPER'T'Y, and owned by SELLER, are included In and are part of the sale of this 316 PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 317 31a 37. WATER RIGHTS: Any and all water rights including but not limited to water systems, wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights, 319 and the like, If any, appurtenant to the PROPERTY, and owned by SELLER, are included in and are a part of the sale of this PROPERTY, and are not 32o leased or encumbered, unless otherwise agreed to by the parties in writing. 321 322 38. FARMICROASITIMBER RIGHTS: SELLER, or any tenant of SELLER, shall be allowed to harvest, sell or assign any annual crops which have been 323 planted on the PROPERTY prior to the date of this Contract, even though said harvest time may occur subsequent to the date of the settlement of this contract, 324 unless otherwise agreed by attached addendum. If the crop consists of timber, then neither SELLER nor any tenant of SELLERS shall have any right to 325 harvest the timber unless the right to remove same shall be established by an attached addendum. Notwithstanding the provisions hereof, any tenant who 32s shall be leasing the PROPERTY shall be allowed to complete the harvest of any annual crops that have been planted prior to the date of Contract Acceptance 327 as previously agreed between SELLER and Tenant. ANY AND ALL SUCH TENANT AGREEMENTS ARE TO BE ATTACHED. 328 a29 39. RIGHT TO FARM: BUYER acknowledges Idaho's right to fame statutes codified In Title 22, Chapter 45 which states a preference for, and protects, 330 agricultural land use by limiting certain nuisances. 331 332 40. ACKNOWLEDGMENT OF PROFESSIONAL REVIEW: BUYER and SELLER hereby acknowledge that their Broker and/or Agent advised both 33a parties to obtain professional inspections of the PROPERTY, including inspections of the PROPERTYs title and platting, zoning requirements and the 334 PROPERTY's services and utilities. Additionally, BUYER and SELLER have been advised to obtain appropriate tax, accounting, legal or other professional 335 advice or counsel when necessary, including, but not limited to, independent legal review of this Agreement. f=urthermore, It Is acknowledged that the parties 336 Brokers andlor Agents have not made any representations or warranties or conducted any independent investigation of the condition or financial feasibility of 337 the PROPERTY. BUYER and SELLER have not relied on any marketing material or assertions of any Broker and/or Agent in determining the viability or 33a fitness of the PROPERTY for Its intended purpose. 339 34a 41. REPRESENTATION CONFIRMATION: Check one (1) box In Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the 341 brokerage(s) involved had the following relationshfp(s) with the BUYER(S) and SELLER(S), 342 343 Section 1: 844 A. The brokerage working with the BUYER(S) Is acting as an AGENT for the BUYER(S). 345 B. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. 346 ❑ C. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT 347acting solely on behalf of the BUYER(S). 346 D. The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). 349 Section 2: 350 0 A. The brokerage working with the SELLER($) is acting as an AGENT for the SELLER(S). 351 ❑ B. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER($), without an ASSIGNED AGENT. 352 ❑ C. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT 353 acting solely on behalf of the SELLER($). 354 ❑ D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). 355 ase Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho 357 real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy 35a was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A 359 BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. BUYER'S Initials 11,601)( _ )Date 01-/07/2024 RD Initials RD CIO 01/10'2024 )bate This form is printed and distributed by the Idaho Assodation of REALTORS". Im.This form has been designed and is provided for use by the real estate proresslonel3j ti r 6iiR the Idaho Association of REALTORS". USE BY ANY OTHER PERSON IS PROHIBITED. OCopyright Idaho Associallon of REALTORS®, Inc. All rights reserved. dElNU,ARY 2923 EDITS RE -23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 7 Serial8; 014737-900170.4598876 i Orm Prepared by: Eialne Prokschl-Bailey I Sllvercreek Restty Group I el0ine@h0me41dnho.corn 1 2083174650 . Simplicity elechamau,slg,uaw�asp�onhe�[ sa.,wn 1u:I 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 376 379 380 381 382 383 384 385 368 387 388 369 390 391 392 393 394 396 396 397 896 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 410 419 420 421 422 423 424 425 426 427 428 JANUARY 2023 EDITION RE 23 COMMERCIAL I INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 PROPERTY ADDRESS: 121 Evans Lane, Chubbuck, ID 83202 ID#: 12292023 42. BUYER'S SIGNATURES: []SEE ATTACHED BUYER'S ADDENDUM(S): ❑SEE ATTACHED BUYER'S EXHIBIT(S): _ _ (Specify number of BUYER addendum(s) attached.) (Specify number of BUYER exhibit(s) attached.) ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. K i rt: Goi.(.mtrl.�.�i BUYER Signature._—___________-___ BUYER (Print Name) Kiri Coumerilh If BUYER is an entity: Name of Entity Signor's Position, 0:L/07/20a4iD:3 �F .4M Date Time ___ N.M. 0P.M. Phone # Cell # Address E -Mail kirtcoumerilh@hotmail.com City State Zip Fax # BUYER Signature ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. BUYER (Print Name) If BUYER is an entity: Name of Entity Signor's Position: Date Time —_— ❑ A.M. O P.M. Phone # Cell # Address E -Mail City State Zip _ Fax # , 43. SELLER'S SIGNATURES: On this date, Wile hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the part of the SELLER. OSIGNATURE(S) SUBJECT TO ACCEPTANCE OF ATTACHED COUNTER OFFER [j COUNTER OFFER INCLUDES ATTACHED ADDENDUM(S) # ❑ COUNTER OFFER INCLUDES ATTACKED EXHIBIT($) # ❑ SELLER does curfently hold an active Idaho real estate license. ❑ SELLER is related to agent. SELLER Signature Rcrhvtrol C74,Sotn. SELLER (Print Name) If SELLER is an entity: Name of Entity Signor's Position: Date 07/10I=a4 02:511 WA --- 0A.M. ❑P.M. Phone # Address E -Mail City State Zip Fax # CONTRACTOR REGISTRATION # (€f applicable) Cell # ❑ SELLER does currently hold an active Idaho real estate license. ❑ SELLER Is related to agent. SELLER Signature C6W010 otsom, SELLER (Print Name) If SELLER is an entity: Name of Entity 01/10/2=4 04,:CQ� PM Date _ Time O A.M. 0 P.M. Address city Signor's Position: Phone # Cell # E -Mail State—Zip Fax# CONTRACTOR REGISTRATION # (if applicable) LATE ACCEPTANCE If acceptance of thls offer Is received after the time specified, It shall not be binding on the 13UYER unless BUYER approves of sold acceptance within calendar days (three (3] if left blank) by BUYER Initialing HERE { )i 1 Date . If BUYER timely approves of SELLERS late acceptance, an Initialed copy of this page shall be Immediately delivered to SELLER. This form is printed and distributed by the Idaho Association of REALTORS, Ine.Thls farm has been designed and Is provided for use by the real estate professionals who are members of The Idaho Assocladon of REALTORS'. WE BY ANY OTHER PERSON IS PROHIBITED, Or—opyright tdaho Assodallon of REALTORS. lnc. All rights reservad. JANUARY 2023 EDITION RE -23 COMMERCIAL/ INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 Serlall): 014737.900170.4596576 Farm Prepared by.' Elaine Prokschl-Bailey I SdvercreekRealty Group I alaine(ghome4ldahe.com 1 2083174050 I:iSimpl€city 9kCiq�ka�17919igd,e4q oBlq,polru'° I Boeekn Ill:Br®WFr�6A646re 69f119�P6T EXHIBIT 3: CURRENT ZONING MAP EXHIBIT 4A: COMPREHENSIVE PLAN FUTURE LAND USE MAP Knudsen) d rcroy s I B7lF E Linder Land Use Designation ■ Commercial ■ Employment il� ® High Density Low Density Medium Density ■ Mixed Use Highway Village � �iEvans Ln -A Su Jec� t Prop- erty E Bove EXHIBIT 413: COMPREHENSIVE PLAN POLICIES RELEVANT TO THE APPLICATION COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl COMMENT The project will add a new use to a vacant building in Chubbuck Village. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT This small school is a good fit for the land uses described in the Village zone OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT Chubbuck Village is one such mixed use area. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY c. Require sidewalks along both sides of public streets COMMENT Although there may be students who will walk to the school, sidewalks are in place on both sides of Evans In, and a pathway is in place connecting the site to parking at Subway. CHAPTER 16: CHUBBUCK VILLAGE SPECIFIC PLAN GOAL 2 THROUGH A COMBINATION OF STREET, SIDEWALK, ON -STREET PARKING, LANDSCAPING, LIGHTING, SETBACKS AND ARCHITECTURAL DESIGN REQUIREMENTS, THE PUBLIC REALM IS INVITING, ACCESSIBLE, AESTHETIC, AND SAFE AND ENSURE THAT THE DISTRICT IS VISUALLY COHESIVE. POLICY d. Pedestrian accessibility is crucial between buildings and the public realm and public easements, sidewalk connections, and public entrance doors will be required. COMMENT A paved path exists between the property and the adjacent property to the west. 1940�f_'\ CHUBBUCK 1 0 A A 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Community Services Department, Planning Division DESIGN REVIEW CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 APPLICATION 208.237.2430 June 2023 Form 1 0 R H 0 www.CityofChubbuck.us Page 1 of 2 Please consult the Design Review Information Sheet, city staff, or chapter 78.76 of City Code for guidance on an application. DATE RECEIVED: $150 FEE PAID? ❑ ,' ❑ CLERK INITIALS: SECTION A — APPLICANT Al. Name Karli Coumerilh A3. Phone Number (include area code) 208-308-4270 A4. Email Address arlicoumerilh@gmail.com A2. Mailing Address 71 Appaloosa Ave cityPocatello State Zip Code ID 83201 SECTION B — OWNER (IF DIFFERENT THAN APPLICANT) 131. Name KCC1 LLC 133. Phone Number (include area code) 208-308-4270 B4. Email Address irtcoumerilh@hotmail.com 62. Mailing Address 71 Appaloosa Ave cityPocatello State Zip Code ID. 83201 SECTION C — PROFESSIONAL SERVICES (IF ANY) Cl. Point of Contact C3. Phone Number (include area code) C4. Email Address C2. Firm Name Mailing Address City State Zip Code SECTION D — PROJECT INFORMATION D1. Project Name Cornerstone Learning Hub LLC D6. Zoning on Site Village D2. Site Address (or Location if no Address) 121 Evans Lane Chubbuck Idaho D7. Project Description and Proposed Use(s) The existing building will be used as a school/learning enter. New vinyl fence. D3. Existing Structure(s) and/or Other Conditions on Site Building and Detatched Garage D4. Size (Acres or Square Feet) of Project Area / Parcel 71405 Sqft. D8. General Traffic, Vehicle Types Expected (include box trucks, tractor trailers) Small passenger vehicles (cars, suvs, ect) DS. Size (Square Feet) of Proposed Structure(s) Existing Building / New Vinyl Fence SECTION E —REQUIRED ATTACHMENTS Include a separate document for each attachment E2 — Ell E1. Design Review Clearance application fee - $150 ❑ E2. Vicinity map of site and surrounding area 0 drawn to scale, with the following elements Item Description — check off each element Please describe features on a separate sheet if necessary. Project location and boundaries ❑ Existing off-street parking facilities, if any Existing buildings, fences, signs, etc., and trees on site 52 Access points to project site 52 Buildings and structures on adjacent properties 52 Access points to adjacent properties and to properties across the street Community Services Department, Planning Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us DESIGN REVIEW APPLICATION June 2023 Form Page 2 of 2 E3. Site Plan V drawn to scale, with the following elements Item Description —check off each element Please describe features on a seaarate sheet if necessarv. 5a Project boundaries ® Sidewalks, ADA ramps, and pedestrian route(s) to building 52 Structures — buildings, loading docks, fences, signs, etc. 50 Stormwater retention areas N/A — No Changes [� Existing structures, parking, and trees to remain on site Easements and rights-of-way no easements shown on City GIS ® Parking areas and traffic circulation patterns N/A — No Chane Above and below ground utilities and irrigation facilities [L� Parking stalls (stalls must be at least 180 square feet) Per ADA standards all projects require at least one accessible space and It must be van accessible ® Landscape bed locations N/A — No Changes © Dumpster enclosures OR, if using trash carts Instead of a dumpster, check here N/A E4. Preliminary (or final) landscaping plan (on separate sheet) ® N/A — no change to existing site ES. Floor plan(s), include gross square footage for each floor, occupancy classification and type of construction, location of any floor drains [ia N/A — no cha ge to existin it E4. Detailed elevations of all sides of proposed buildings in the development, and other exterior elements such as color, materials, etc. ® See Description and Pictures E7. Signage plan, showing location, size, and dimensions of each, with Illustrations (separate sheet) ® 1 E8 Lighting plan, showing: 1 -locations of lighting structures and fixtures, 2 -lighting distribution on site, and 3 -lighting fixtures/type — demonstrating how light will be aimed and shielded to prevent light trespass off the property and downward from the night sky (separate sheet/sheets) [0 N/A — no cha A list of chemicals, including cooking oils, to be stored and/or used on site (separate sheet) ® General Household Supplies Eg' if roposed for disposal in the sanity sewer system, submit proposed retreatment method, if an include with list of chemicals P p sanitary p p p Y( ) ©Yes 171 N/A E10. A traffic analysis, following the format provided in the BTPO Traffic impact Analysis Guidelines, Appendices A and B, or A and C, as required ® I Ell. If the project is in the CC -HS, CC -NC, PUD, HC, or V zone, attach any required checklist or certification of compliance for the zone ❑ Yes [] N/A SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • I am aware that if this application is not complete, the Design Review Committee will not begin its review until the proposal is deemed complete by the City upon further submission of materials. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I certify that I am authorized to file this application. F1. G1. Completeness Review Reviewed by: Date: F2. Printed Name Deemed complete? [f Yes ❑ No if no, list concern(s): F3. to Design Review - Descriptions Summary: It is my intention to open a Microschool (One Room SchoolHouse) that serves a maximum of 30 students. This will be through providing general instruction and homeschool enrichment classes. would like to add a new fence to the property as outlined below under E6 and keep the currant sign as described in E7. E3. • Project Boundaries: Shown on map and on Plott Map • Existing structures: Shown on map and street pictures: existing building, detached garage, sign, 2 trees in front (north) of building, and 2 trees to the west of building. • New Structure: Fence as illustrated on map • Parking Stalls: Detached garage has two parking stalls. The parking area in front of the building has space for two parking stalls and an accessible stall. • Utilities: the water and sewer are in the street (sewer far side), and the power to the property is along the back. • There is an existing sidewalk as shown in the street view image. • There is an existing access ramp to the main entrance as shown in the street view image. • The planned fence will be made of white vinyl, as seen in the images. It will be 6 feet tall between existing structures, behind, and to the west of the building, and tying back into the main building along the property lines. It will tie into the building a minimum of 15 ft back. The fence will have posts every 12 feet where visible from the sidewalk. The post color will differ from the panels as stated in the zoning code. If deemed necessary by the city we will taper the fence to 3 ft and continue the fence toward the front of the building tying into the sign in the front of the building. E7. The existing sign is a monument style sign 64.25 inches long x 10.5inches wide x 53 inches tall. It will read Cornerstone Learning Hub. I am working with a graphic designer to finalize plans on this, but envision something similar to this workup. We will landscape in front of the sign with river rock. 4a4 9 Cornerstone Learning Hub IL4. ! iw. 4q,-. pot., � IL4. ! iw. r ^: t ' 'a►- 11 A At dft no i a � a �'� THIS MAP IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO ASSURANCES ARE MADE AS TO THE QUANTITY OF THE AREA, SQUARE FOOTAGE, OR ACREAGE OF THE LAND OR OF ANY IMPROVEMENT TO THE LAND. FLYING S TITLE AND ESCROW C) O o 0 0 0 0 W RICH (V z O RCCPCO26003 RCI191000200 () 199.8 Ur n 120.00 100.00 vJ T-485 T-327 RCCPCO26001 RCH91000100 11 c`') O T-329 RCCPCO26202 93.53 119.51 N J RCCPCO26208 FL T-483 8~RFT-482 0100 a�RCCPCO26207 °'A016 PT .00 200.005.00 50.0 0 3 o c r m r 0 2 co 3 RCKC1000200 m RC KC 1000300 200.00 140.84 °° - 118.84 a.KING'CENT ZVictoria EXHIBIT A OWNER: Olson ADDRESS: 121. Evans Lane, Pocatello ID 83202 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE SW1/4NE'/4OE SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34, EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, A PORTION OF THE LAND DESCRIBED IN INSTRUMENT NO. 778989, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, BLOCK 1, KING CENTER FIRST ADDITION, (A SUBDNISION RECORDED IN BANNOCK COUNTY AS INSTRUMENT NO, 768:367); THENCE SOUTH W9W49" EAST ALONG THE NORTH LINE OF SAID LOT 2, BLOCK 1, FANG CENTER FIRST ADDITION, 168.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 00°'04'14" EAST, 9528 FEET, AN INTERSECTION WITH THE SOUTH RIGHT OF WAY LINT: OF EVANS STREET; THENCE SOUTH 89°20'49" EAST ALONG THE SAID SOUTH RIGHT OF WAY LINE OF EVANS STREET" 75.00 FEET TO A POINT 93.53 FEET WEST OF AN INTERSECTION NTH THE WEST RIGHT OF WAY LINE OF KINGS WAY; THENCE SOUTH 01 01046" EAST, 95.32 FEET TO A POINT 94 FEET WEST OF THE NORTHEAST CORNER OF LOT 3, BLOCK 1, KING CENTER FIRST ADDITION; THENCE. NORTH 89°20'49" WEST, 76.61 FEET TO THE POINT OF BEGINNING. TZO o9/2i?/20--z3 ca x0/0 -+/20-'Z3 U r: 7m Aft, _ � K♦ r.j 1 f N Google Maps 121 Bonanza Ave ChubbucK[daho v Google Street View Jun 2021 See more dates Parrish Ln 0 0 0 0 Image capture: Jun 2021 012024 Google a t; 130 Bonanza Ave Chubbuck, Idaho ® Google Street View Jun 2021 See more dates M Js . . 1 0x20 42' X 1 0x20 42' X _ � K♦ r.j 1 f N IL4. ! iw. 4q,-. pot., � IL4. ! iw. r ^: t ' 'a►- 11 A At dft t! I I . 1 ,- ALL,. ; it .,17- . 31, f i. Traffic Analysis Guidelines Appendix A. Traffic Impact Analysis Category Form This initial assessment form will help determine the category of TIA required for the development. Project Name: Cornerstone Learning Hub Location: 121 Evan Lane, Chubbuck, Idaho Attach a map of the proposed development location) --r Type of Size j AM PM Daily AM PM Daily Development (The number Peak Peak Peak Peak (e.g., of dwelling Hour Hour Hour Hour residential, units or Trip rate Trip rate Trip rate Trips Trips Trips commercial) gross floor per unit* per unit* per unit* area) Elementary X30 0.75 0.16 _22.5 4.8 ---:Total: 22.5 4.8 * Commercial trip generation rates can be found in the Institute of Transportation Engineers Trip Generation Manual. The dwelling trip rate is one trip for each unit in the AM and PM peak hour and 12 trips for the day. (Source of the residential trip generation is the BTPO Household Survey and time of day factors used in the regional travel demand model. Comment: This project will have one classroom with approx. 25 students max. With a drop off period 7:45am-8:45am and pick up time between 3:OOpm-4:00pm Traffic Analysis Guidelines Appendix B. Traffic Statement Report Format Developers shall submit a traffic statement report as a part of the development review process for all developments which generate fewer than 100 peak hour trips, and there are no additional traffic and safety concerns in the area. Description of Proposed Development 1. Project Name: Cornerstone Learning Hub 2. Location: 121 Evans Lane, Chubbuck Idaho 3. Trip Generation: 4. Attach the complete Traffic Impact Analysis Category Form (Appendix A) • 0• i • =41M 5. For each intersection with a collector or arterial public street intersection within the study area provide a figure depicting: a. the intersection layout including the number of lanes, and b. traffic control at the intersection. The intersections in the study area include: a. the first intersection in all directions from the site, and b. any intersections of a collector or arterial within 1/3 mile of the property line 6. Provide the surrounding land use within the study area. (Describe or attach a map/ air photo with information.) The property is near other businesses such as: Maverick, McKees, Subway, ICCU and Lil Stars Daycare 2 Description of the Proposed Development 7. Figure depicting the trip distribution to the nearest collector or arterial street in each direction. 8. Provide a table identifying the streets within the development area which access the existing street network. The table should include the name of the street, classification, existing ADT, development ADT, and Level of Service (see TIA Table 6). The table should also include the data for any collector or arterial the development accesses directly or can be accessed within 1/2 mile of the development. See following pages for guidance on items 5, 7, and 8.Appendix B: Description of Existing Conditions - Item 5 Submit a figure for each public street intersection with a collector or arterial street within the study area depicting: a. the intersection layout including the number of lanes, and b. traffic control at the intersection. The intersections in the study area include: c. the first intersection in all directions from the site- • Evans and Yellowstone • Evans and Central d. any intersections of a collector or arterial within 1/3 mile of the property line- • Yellowstone and Chubbuck • Yellowstone and Linden • Yellowstone and Burnside • Chubbuck and Afton • Evans and Burley • Linden and Burley Sample: Evans and Central - Yield Sign on Central .0— �.14111� � Evans and Yellowstone- 4 -way Stop Light J —5.0 L `- vis � . moi - Sj C g yr Afton and Chubbuck - Stop Signs on Afton fro Yellowstone and Chubbuck- 4 way stop light 0 . " IV ME I U Qj 9 ri oil 2/ rjI IV ME I Yellowstone and Burnside- Stop signs on burnside and auo sN►olie, ny auo�s A• Burley and Evans - Stop sign on Evans --ALA r L 10 Burley and Linden- Stop sign on Linden 7dy!'r a All--- o Linden and Yellowstone - Stop signs on Linden 41 V-- CO 0 � , � _ ''••--.rte---' L. Description of the Proposed Development - Item 7 Submit a figure depicting the trip distribution to the nearest collector or arterial street in each direction. • Map to show your estimate of how much of your traffic will come from/go to east or west. That might be 50%/50%, 67%/33% - it's your estimation. Sample: ava JE W 124, 126 59 PM ',VA.to PKI2023CI,pB to y 8and_1 n Red Band -1 *w+ BOW_2 Green Band 2 4 1 "+Gd Description of the Proposed Development - Item 8 Project Name: Cornerstone Learning Hub Location: 121 Evans Lane, Chubbuck, Idaho Provide a table identifying the streets within the development area that access the existing street network. The table should include the street's name, classification, existing ADT, development ADT, and Level of Service (see TIA Table 6). The table should also include the data for any collector or arterial the development accesses directly or can be accessed within 1/2 mile of the development. Street Name* Column 1_ Yellowstone Ave — N of Evans _ Classification* �# 2 --��3 Principal Arterial Lanes 4 Existing Street ADT* 4 25,786 Project ADT* 5 N/A Total ADT T 6 N/A Average Existing Peak Hour Trips 7 —� 2578.6 Average ! Project Peak Hour Trips 8 22.5 Total Average Peak Hour Trips ; 9 2601.1 Peak Hour Trips per Lane 10 650.275 Level of Service* C Yellowstone Ave — S of Evans Chubbuck Rd — W of Yellowstone Chubbuck Rd — E of Yellowstone Evans Ln Principal Arterial Principal Arterial Principal Arterial Village Collector 4 2 3 2 24,893 11,611 13,344 6,417 I N/A N/A N/A N/A N/A N/A N/A N/A 2489.3 1161.1 i 1334.4 I 641.7 i 22.5 ` 22.5 22.5 22.5 2511.8 1183,6 1356.91 664.2 627.95 1 591.8 452.3 332.1 C i C A B Burley Dr Linden Ave Knudsen Blvd Afton PI Village Collector Village Collector Collector Collector 2 2 2 T 2 j N/A 1,2861 i 5,763 --T N/A N/A NIA N/A { N/A j N/A N/A N/A N/A N/A 128.6 576.3 N/A j N/A ' 22.5 22.5 N/A N/A 151.1 598.8 N/A NIA —I' 1 75.55 299.4 N/A ---N/A A j B N/A l I I TIA Table 6 Street Segments Table 6 provides the planning level capacity analysis. Local jurisdictions use the results of Table 6 are to determine the correct street design standard. Table 6 Maximum Peak Hour Volumes and Daily Capacities. Classification LOS A LOS B LOS C LOS D LOS E Arterial (Limited Access) 570 600 760 850 850 Arterial (No left turn lane) 410 470 540 610 680 Arterial (Left turn lane) 500 560 650 730 810 Collector 270 340 410 470 540 Local N/A N/A N/A N/A N/A The values ore vehicles per hour per lane. Source NCHRP Report 599 Default volues for Highway Capacity and Level of Service Analysis. Table 40 Local street standard 2,000 vehicles per day or 180 peak hour Collector street standard 4,000 vehicles per day or 360 peak hour Community Services Department zao�t_\ Planning Services Division CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237,2430 1 © A H A www.CityofChubbuck.us To: Karli Coumerilh RE: Cornerstone Learning Hub From: Don Matson, Planning Manager Date: February 1, 2024 DESIGN REVIEW COMMENTS FOR CLEARANCE Thank you for your Design Review application and information for Cornerstone Learning Hub. Below are the Design Review Committee comments and conditions for clearance on your project. All conditions of approval must be completed at the appropriate point in the development process. Please don't hesitate to contact me if you have any questions. Special requirement: Because of the unique traffic and parking concerns for the property, please reply by email or letter acknowledging your understanding of the Findings and Conditions under Traffic Study Standards, On-site Traffic Circulation / Sanitation Access, and Parking /Accessible Parking. Regards, Don Matson, Planning Manager Phone: 208-239-3252 1 Email: dmatson(d cityofchubbuck.us Business Licensing • Findings: a. A business license must also be issued by the City Clerk prior to opening, doing business or accepting customers. • Conditions for Approval: a. Contact Paul Andrus, Deputy Clerk, approximately 2 weeks before opening at pandrus@cityofchubbuck.us or 208-237-2430 ext. 109. • Certain business licenses require additional time. Fire Codes / EMS • Findings: a. No concerns at this time. Addressing / Display • Conditions for Approval: a, Maintain current address of 121 Evans Lane. Police / Public Safety + Findings: a. No concerns at this time. Land Use and Zoning • Findings: a. Property is in the Village zone; use is conditional. b. Plan to use an existing building -- the only changes would be to add fencing. [Type here] Signs DESIGN REVIEW CLEARANCE allowed. The agreement with the neighboring property owner for pickup and drop off is adequate for now, but is not legally binding should the other owner sell his property, It would be best for applicant to secure a stronger contract/agreement that runs with the land, Provide a copy to the City if another agreement is signed in the future, Conditions for Approval: a. Provide parking as shown on proposal. Findings: a. No new signs are planned at this time. The existing monument sign will have anew sign face. Conditions for Approval: a. The Village zone has additional sign standards different than the rest of the city. Consult with Building Division for sign permits and with Planning Division for size and placement standards for signs that may be placed on the building. All new signs in the Village zone require a Design Review. Landscaping • Findings: a. No changes are planned to the property, excepting the corner in front of the monument sign. Conditions for Approval. a. Changes to landscaping may require additional design review clearance. Consult with Planning Division. 290 E Linden Avenue, Chubbuck, IQ 83202 CHUBBUCK Phone 208.237.2x30 www.CityofChubbuck.us Iaaea Design Review: + I am aware that the current nearby streets and intersections are below recommended standards and that there are plans of development that will continue to increase traffic. This may make entering and existing the property challenging at times. I am confident that the agreement with the neighboring property owner for use of the parking lot along with staggered drop off and pick up times will help remedy this. + I understand that any portion of the fence within 15' of the curb must be 3' or below. + I will adjust any lights that shine upwards or onto neighboring properties, and understand that any replaced lights must be downward facing from the neighboring properties and night sky. IDAHO STATE Bingham News* JOURNAL CITY OF CHUBBUCK LEGALS 290 E LINDEN CHUBBUCK, ID 83202 PROFORMA INVOICE APG West Payment Processing PO Box 1570 Pocatello, ID 83204 Ph. (208) 239-3163 BILLING DATE: ACCOUNT NO: 1 AD # DESCRIPTION START STOP TIMES AMOUNT 482973 NOTICE OF PUBLIC HEA 02/24/24 02/24/24 2 $81.00 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross -.$81.00 Surcharge: $0.00 Paid Amount -.$0.00 Credits: $0.00 Amount Due:$81.00 We Appreciate Your Business! 482973 AD# 482973AD# NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE IS HEREBY GIVEN that the Land Use & Develop- ment Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 6:00 pm on March 12, 2024 at Chubbuck City Council Chambers, 290 East Linden Ave., Chubbuck, Ida- ho. Public hearings will be held with respect to the following items: 1. An application for a Conditional Use Permit for an annual spook alley and fund raiser in the Single Family Residential (R-1) zone on approximately 1 acre of land. Subject property is located at 5297 Whitaker Rd, Chubbuck, Idaho. The Com- prehensive Plan Future Land Use Map designates this area as Medium Density Residential. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. Type of action: Decision. 2. An application for a Conditional Use Permit for a school in the Village (V) zone on approximately .17 acres. Subject prop- erty is located at 121 Evans Ln, Chubbuck, Idaho. The Com- prehensive Plan Future Land Use Map designates this area as Village. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. Type of action: Decision. 3. An application for a Title Map Amendment from Single Family Residential (R-1) to Limited Residential (R-2) on ap- proximately 3.55 acres located at 5450 Cole St. in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.8. Type of Action: Recommendation. Written testimony must be received by jbowers@cityofchub- buck.us at least 7 days prior to the hearing, shall comply with standards established in City resolution 2021-06. A complete description of each item is available to the public on request to jbowers@cityofchubbuck.us. Commission packets are gen- erally available the week before the meeting at https://city- ofchubbuck.us/land-use-commission/ or are available by contacting the City Clerk. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Oral testimony concerning these proposals may be offered at the public hearing. Commission may limit oral testimony. Any person needing special accommodations to participate in the meeting should contact the City Clerk, Joey Bowers at jbowers@cityofchubbuck.us at least 24 hours prior to the meeting. Joey Bowers City Clerk Published: February 24th, 2024 (ISJ848-482973) CHUBBUCK I o A H 0 Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us March 12, 2023 NOTICE IS HEREBY GIVEN that the City of Chubbuck Land Use and Development Commission will conduct a public hearing and deliberation at 6:00 PM on March 12, 2024 at Chubbuck City Council Chambers, 290 E Linden Avenue, Chubbuck, Idaho. The item to be discussed is described below. You are provided special notice of the following proposal pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law. The hearing will be open to the public and you are notified of your opportunity to testify in favor of, neutral to, or against the proposal. A public hearing will be held with respect to the following item: An application for a Conditional Use Permit (CUP) for a school in the Village (V) zone on approximately.25 acres of land. The Comprehensive Plan Future Land Use Map designates this area as Village. Location: Subject property is at 727 Evans Ln in Chubbuck, Idaho (see map on reverse side). Type of Action: Decision. Note: This proposal is to convert the existing building into a private learning center. Materials available to the public: Complete copies of the proposal are available by contacting Don Matson, Planning Services Manager: o Email: dmatson@cityofchubbuck.us o City Hall: 290 E. Linden Avenue, Chubbuck o Phone: 208-239-3252 Providing comment: Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. • Written testimony, including emails, must be received at least 7 days prior to the hearing, and shall be considered public record (see address above). • Complete staff reports will be available at City Hall 6 days before the public hearing and will be presented to the Commission with any written testimony received prior to the deadline. o The report will be available to review at the above address or on the city website: o cityofchubbuck.us 4 Government 4 Land Use and Development Commission 4 Land Use Meeting Packets (scroll down the page) • Oral testimony concerning the proposal may be offered during the public hearing. The Commission may limit oral testimony. Reference map: Baa 1 r + Q .Ifl 4! IW2�1 Knudsend. JAI -C i i Ik=2a Or Evans Ln Procedure: The application will be reviewed by the LUDC against criteria in section 18.28.020.C.S of City Code. Specifically: a. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the CUP process. b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. d. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. e. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. f. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. Special accommodations: Any person needing special accommodation to participate in the meeting should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us ALk At ua_ 't-SumsideAve06 --- Procedure: The application will be reviewed by the LUDC against criteria in section 18.28.020.C.S of City Code. Specifically: a. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the CUP process. b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. d. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. e. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. f. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. Special accommodations: Any person needing special accommodation to participate in the meeting should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us EXHIBIT 6C: NOTICE AREA SURROUNDING PROPERTIES Wends 5: '_„-• iw 130 AlL2V5 Bumsirk A1re 1 121 f11 C aurn5i$e RYE x r wwn nve - E Llodeo Ave wbrc Notification A x 131 14, 211 :03 Eeevr_ z, FNldreas Sletage •nangdml, Bhq Alpine — Mlmol Norco nc 4m - - - S•fslems Iris Flosaral 4620 n5C ANL Q ,App•ly a search distance OGI54 310 Fin 1fLA Add.... Layer �v1 r]..mc• C +'.r I I ffL 1160 i1I11 22a 4_5_ 4-55),3, F— omnex19tr omrra-separaledv.3ues add mmeas fcu nd; do you o nt to mrmnue7 Er 1s Ln a as iadselt Silvaa •... n1l Ar.32 3 ta'. '1-6 112 1;( 11f j-, ,10 1a4,1> 12 Wends 5: '_„-• iw 130 AlL2V5 Bumsirk A1re 1 121 f11 C aurn5i$e RYE EXHIBIT 613: MAILING LIST OF NEIGHBORING PROPERTY OWNERS NAME STREET A & L INVESTMENT LLC 895 N MAIN B & C NICHOLLS LLC 895 N MAIN ST CLARK, LANCE 550 BRENT ST DIAMOND PEAK PROPERTIES LLC CLASSIC FOODS INC 1585 N SKYLINE DR HUGS HOLDINGS LLC 961 OLIVE CREST DR IDAHO CENTRAL CREDIT UNION PO BOX 2469 KNUDSEN POOR FARMS INC 2595 HWY39 LOGAN ENTERPRISES LLC PO BOX 284 MAVERIK INC 185 S STATE ST SUITE 800 MCKEE, JAMES C 130 EVANS LN MCOMBER. ARTHUR F 543 N HAYES AVE OLSON, RICHARD L 4965 APACHE AVE SEVEN SYNERGY HOLDINGS LLC 751 BEACHCOMER SSH YELLOWSTONE LLC 751 BEACHCOMER THILMONT, JAMES E TRUST 4990 VALENTY RD SUITE E CITY LOGAN, UT84321 LOGAN, UT84321 POCATELLO, ID 83201 IDAHO FALLS, ID 83402 ENCINITAS. CA 92024 POCATELLO, ID 83206 AMERICAN FALLS. ID 83211 SODA SPRINGS, ID 83276 SALT LAKE C ITY. UT 84111 POCATELLO, ID 83202 POCATELLO, ID 83204-3023 POCATELLO, ID 83204 LAKE HAVASU CITY, AZ 86403 LAKE HAVASU CITY, AZ 86403 POCATELLO, ID83202-1883