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HomeMy WebLinkAboutItem #2 Amended Philbin Crossing Short Plat/ao'�C\ CHUBBUCK 1 0 111 H 0 Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: August 12, 2024 Re: Short Plat for Amended Philbin Crossing Applicant: Professional Services: Wes Pahl 2066 South 2959 West Aberdeen, I D 83210 Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 Application: Amended Philbin Crossing, approximately 8.9 acres with 5 commercial lots. Located in the SW'/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of the W. Chubbuck Rd. / Philbin Rd. intersection. Existing Zoning: Limited Commercial (C-1) Existing Land Use: Residential / Agriculture Staff Report: The final plat for Amended Philbin Crossing qualifies for Short Plat Procedures per the standards in Title 17.12.400. The plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 16.12.230: o Secondary pressurized irrigation system including pump station requirement o The applicant will construct dry pressurized irrigation mainlines that will be connected to the City's Brookstone irrigation pump station in the future. • 17.12.400: o Proper access is provided to the property o No construction and dedication of public street improvements are required • 17.12.210: o A planning conference was held between applicant and city staff o Developer has completed requirements determined at the planning conference • 18.08.042: o Lots meet minimum lot standards in the Limited Commercial (C-1) zone • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o The existing development agreement shall be re-recorded as is with additional owner's names and signatures, referencing Amended Philbin Crossing subdivision and the instrument number be provided on the short plat prior to recording. o A right -in / right -out intersection be created at the Senator Way and W. Chubbuck Road intersection per recommendation from the traffic impact analysis. o An irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Short Plat for Amended Philbin Crossing /944'C_\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us /6470-t-\ CHUBBUCK 1 0 0 H 0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A SHORT PLAT FOR AMENDED PHILBIN CROSSING, APPROXIMATELY 8.9 ACRES LOCATED ON THE NORTH SIDE OF W. CHUBBUCK RD. AND THE EAST SIDE OF PHILBIN RD. GENERALLY LOCATED AT THE NE CORNER OF THE W. CHUBBUCK RD. / PHILBIN RD. INTERSECTION FACTS REQUEST: The applicant proposes a 5 lot Short Plat for commercial lots in the Amended Philbin Crossing subdivision. It includes providing public streets, water, sewer, and irrigation systems including services. TYPE OF COUNCIL 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 standards for approval). A decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. OWNER: Wes Pahl 2066 South 2959 West Aberdeen, ID 83210 PROFESSIONAL SERVICES: Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of the W. Chubbuck Rd. / Philbin Rd. intersection. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Commercial (C-1) CURRENT LAND USE: Residential /Agriculture PROJECT SIZE: ±8.9 acres VIEWS: Generally visible from the south and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Existing residence SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) zone EAST: Residential; Limited Residential (R-2) zone SOUTH: Vacant; Limited Commercial (C-1) zone WEST: Residential; Single Family Residential (R-1) zone RECENT TRAFFIC COUNTS: 2022: W. Chubbuck Rd at Philbin Rd, 6665/day 2021: Philbin Rd at W. Chubbuck Rd, 6896/day Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from West Chubbuck Rd. and Philbin Rd. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department SURFACE WATER RIGHTS: Bureau of Indian Affairs — Fort Hall Irrigation Project PROCEDURES: In accordance with City Code 17.12.200 and Resolution 2023-09, a complete petition and fees for a final plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.200. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. In accordance with City Code 17.12.230, the record was reviewed on August 21, 2024 by the City Council. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use RECORD: 1. 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 Final Plat as found in city code section 17.12.100, the City Council finds the following: CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. The existing development agreement shall be re-recorded as is with additional owner's names and signatures, referencing Amended Philbin Crossing subdivision and the instrument number be provided on the short plat prior to recording. b. A right -in / right -out intersection be created at the Senator Way and W. Chubbuck Road intersection per recommendation from traffic impact analysis. c. An irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. The Short plat proposal substantially conforms to Chapter 17.12, Section VI. Short Plat Procedure, meaning that the following are found: a. Proper Access is provided to the property; b. The development is consistent with the comprehensive plan; c. No substantial construction and dedication of public improvements are required; d. Requirements of the planning conference have been met. ORDER: CONCLUSION AND DECISION; PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Short Plat 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: 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. Approval of the short plat is valid for a period of two (2) years. Approval of a short plat does not assure final acceptance of any dedications, continuation of any existing design and construction regulations, or continuation of any existing land use regulations governing the subject land or other properties in the area. If the short plat is not recorded and improvements and structures intended for dedication to the public are not begun within a one year period from the date of Council approval, the short plat and supporting documents shall be resubmitted to the City for a review of compliance to then existing applicable ordinances and regulations. 194�0t\ CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first request a reconsideration of this decision to the City Council in accordance with section 18.28.090 of city code. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 20 194�0t\ CHUBBUCK I D A H D Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 5 WEST 1/4 CORNER OF SECTION 4. FOUND 2" 4 ALUMINUM CAP. SEE CP&F INST. NO. 22126715 AMENDED PHILBIN CROSSING LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BILYEU ESTATES - DIVISION 8 BILYEU ESTATES - DIVISION 6 M M INSTRUMENT NO. 22218873 L0712 INSTRUMENT NO. 22014896 IN rn rn LOT15 LOT14 (P1-80.01) LOT 11 LOT10 I� � Z;I BLOCK 1 LOT13 80.01' LOT9 BLOCK 1 (P1- 60.00) (P1- 152.49) (P1- 80.00) (Pi - 80.00) (P1- 80.00) (PI -80.01) 60.00' _ 152.4_ _ _ s80.00'S 89°50'06" E 582.01' 80 .00' _so oo' _ s80.00'43.00' 117 00'_ 197.00' 368 01' I (S2 - 368.02) 1 POINT OF I BEGINNING I ---- C) L6 '� N ticNi�� N N 0 I TI I I 1 Ni 1 38.60' 1,08 ACRES 15.00' WIDE PUBLIC UTILITY EASEMENT 176.99' _ SEN_ A TOR_ WAY_ N 89°44'03" E 268.36' G� 15.00' WIDE If PUBLIC UTILITY I EASEMENT I �I 1 C'� Co 7 47 SOUTHWEST CORNER SECTION 4. FOUND 2" ALUMINUM CAP IN VAULT PER CP&F INST. NO. 22213751 80 M 04 h � o o 0 z 2 2.72 ACRES BLOCK 2 54.37' o\ ;'-\\ 15.00' WIDE 231.37' �'� \� PUBLIC UTILITY \ EASEMENT 15.00' WIDE PUBLIC UTILITY EASEMENT \ \ 2 1.32 ACRES N 89°58'24" E 349.12' I 1.64 ACRES BLOCK 1 15.00' WIDE PUBLIC UTILITY - - - - - - � EASEMENT ------------- _ 278.23' 78-9050-4"'W W 513.61' (S1-S89°5041"E 513.62) 13.10' 1 S 89°50'52" E 161.10' 1 I I 27.50'127.50'1 I I 0 I ri 1 loo N Lu V I IN o I IU) I I � 55.00' I I I I co G 47.72' 47.29' (s1 625,02)CHUBBUCK ROAD -' 625.02'_ _ S 89°50'41" E 1322.99' (P1-S1-S2-S89°50'41"E 1322.99) N Co Lo N 3 1,00 ACRES BILYEU ESTATES - DIVISION 5 INSTRUMENT NO. 21917770 LOTS (P1- 1251) O -12.51' BLOCK 114 LOT6 I00 _C -lo LOT5 N BL OCK 1 CURVE TABLE # RADIUS A ARC LENGTH WO CHORD BEARING CHORD DISTANCE Cl 32.00' 37°43'39" zLoCO m o 20.69' 0 C:)O (37°4339) (21.07) (----) Z ° m 12°02'45" 4 of N 14°30'21" W 101.15' (S1) Z I ---- C) L6 '� N ticNi�� N N 0 I TI I I 1 Ni 1 38.60' 1,08 ACRES 15.00' WIDE PUBLIC UTILITY EASEMENT 176.99' _ SEN_ A TOR_ WAY_ N 89°44'03" E 268.36' G� 15.00' WIDE If PUBLIC UTILITY I EASEMENT I �I 1 C'� Co 7 47 SOUTHWEST CORNER SECTION 4. FOUND 2" ALUMINUM CAP IN VAULT PER CP&F INST. NO. 22213751 80 M 04 h � o o 0 z 2 2.72 ACRES BLOCK 2 54.37' o\ ;'-\\ 15.00' WIDE 231.37' �'� \� PUBLIC UTILITY \ EASEMENT 15.00' WIDE PUBLIC UTILITY EASEMENT \ \ 2 1.32 ACRES N 89°58'24" E 349.12' I 1.64 ACRES BLOCK 1 15.00' WIDE PUBLIC UTILITY - - - - - - � EASEMENT ------------- _ 278.23' 78-9050-4"'W W 513.61' (S1-S89°5041"E 513.62) 13.10' 1 S 89°50'52" E 161.10' 1 I I 27.50'127.50'1 I I 0 I ri 1 loo N Lu V I IN o I IU) I I � 55.00' I I I I co G 47.72' 47.29' (s1 625,02)CHUBBUCK ROAD -' 625.02'_ _ S 89°50'41" E 1322.99' (P1-S1-S2-S89°50'41"E 1322.99) N Co Lo N 3 1,00 ACRES BILYEU ESTATES - DIVISION 5 INSTRUMENT NO. 21917770 LOTS (P1- 1251) O -12.51' BLOCK 114 LOT6 I00 _C -lo LOT5 N BL OCK 1 CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 32.00' 37°43'39" 21.07' 10.93' N 39°23'34" W 20.69' (S1) (32.00) (37°4339) (21.07) (----) (S 39°2334"E) (20.69) C2 482.00' 12°02'45" 101.34' 50.86' N 14°30'21" W 101.15' (S1) (482.00) (12°0245) (101.34) (--- ) (S 14°3022"E) (101.15) C3 125.00' 89'48'13" 195.92' 124.57' N 45°21'51" W 176.47' C4 20.00' 90°00'00" 31.42' 20.00' S 45°15'57" E 28.28' C5 20.00' 90°00'00" 31.42' 20.00' S 44°44'03" W 28.28' C6 20.00' 90°37'03" 31.63' 20.00' N 44°50'47" E 28.44' C7 20.00' 89°22'57" 31.20' 20.00' S 45°09'13" E 28.13' LINE TABLE # BEARING DISTANCE (REFERENCES) L1 N 58015'23" W 24.18' (S1-S58°1523"E 24.18) L2 N 08°28'59" W 69.61' (S1- S 08 28'59"E 69.61) I 1 15.00' WIDE I 1 PUBLIC UTILITY EASEMENT L -------- - -I - - 41111111- - 140.38' SARY/EYOR'S AWRAT/1/E 1. THE PURPOSE OF THIS SURVEY IS TO CORRECT THE RECORDED PHILBIN CROSSING INST. NO. 22403214, TO MATCH THE AS -BUILT LOCATION OF UTILITIES AND LAYOUT THAT WAS USED FOR THE DESIGN AND CONSTRUCTION OF THIS PROPERTY 2. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH THE BOUNDARY OF THE PARCEL OF LAND DESCRIBED AND CREATE LOTS, BLOCKS AND A STREET FOR FUTURE DEVELOPMENT. 3. THE NORTH BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG BILYEU ESTATES - DIVISIONS 5, 6 & 8 (RECORD INST. NOS. 21917770, 22014896, AND 22218873). THE EAST BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG BILYEU ESTATES - DIVISIONS 1 & 4 (RECORD INST. NOS. 21712050 AND 21816325). THE SOUTH AND WEST BOUNDARY LINES HAVE BEEN DETERMINED TO FOLLOW ALONG THE NORTH AND EAST RIGHT-OF-WAY LINES OF CHUBBUCK ROAD AND PHILBIN ROAD. I I lio LO -2 L o NIM C) BILYEU ESTATES - DIVISION 1 INSTRUMENT NO. 21712050 I I n LOT1 Lo C6 BLOCK 1 (P1 -S1-590) r5.90' (P1 -S1-46.76) 46.76' (SI -69797) _ 697.97' PL LAry\ \O �G�S T ERF , .v STgTEOFVOPpl \yEW S. 0� BASIS OFMAR/NG THE WEST LINE OF SECTION 4 WAS ASSUMED TO BE N 00°15'57" W BETWEEN THE SOUTHWEST CORNER AND THE WEST 1/4 CORNER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. NOTES 1. THE PROPERTY IS LOCATED IN FLOOD ZONE X (AREA OF MINIMAL FLOOD HAZARD) PER FEMA FLOOD PANEL 16005CO236D. GRAPH/C SCALE 60 0 30 60 ( IN FEET) 1 inch = 60' _ WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 4. FOUND 5/8 REBAR WITH NO CAP. SEE CP&F INST. NO. 99014595 COMYRECORBER'S CERTIFICATE LEGEND 5 4 8 9 FOUND SECTION CORNER AS NOTED 5 FOUND 1/4 CORNER AS NOTED 4 o o LOT4 00 Lo N ® FOUND 1 INCH COPPER CAP IN CONCRETE "PLS STAMPED 19045" N N ® CAP STAMPED "RMES PELS 2341" h BILYEU ESTATES - DIVISION 4 STAMPED "RMES PELS 2341" INSTRUMENT NO. 21816325 FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM O CAP STAMPED "RMES PLS 18971" 4W FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" I�o SET 5/8 BY 24 INCH REBAR WITH ALUMINUM CAP L� 2 STAMPED "LS 13023" r SET 1/2 BY 24 INCH REBAR WITH PLASTIC CAP r. N o SUBDIVISION LOT/BLOCK NUMBER C o0 SUBDIVISION BOUNDARY LINE o LOT3 SUBDIVISION LOT LINES CD o� SECTION LINES ADJACENT PROPERTY LINES I 1 15.00' WIDE I 1 PUBLIC UTILITY EASEMENT L -------- - -I - - 41111111- - 140.38' SARY/EYOR'S AWRAT/1/E 1. THE PURPOSE OF THIS SURVEY IS TO CORRECT THE RECORDED PHILBIN CROSSING INST. NO. 22403214, TO MATCH THE AS -BUILT LOCATION OF UTILITIES AND LAYOUT THAT WAS USED FOR THE DESIGN AND CONSTRUCTION OF THIS PROPERTY 2. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH THE BOUNDARY OF THE PARCEL OF LAND DESCRIBED AND CREATE LOTS, BLOCKS AND A STREET FOR FUTURE DEVELOPMENT. 3. THE NORTH BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG BILYEU ESTATES - DIVISIONS 5, 6 & 8 (RECORD INST. NOS. 21917770, 22014896, AND 22218873). THE EAST BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG BILYEU ESTATES - DIVISIONS 1 & 4 (RECORD INST. NOS. 21712050 AND 21816325). THE SOUTH AND WEST BOUNDARY LINES HAVE BEEN DETERMINED TO FOLLOW ALONG THE NORTH AND EAST RIGHT-OF-WAY LINES OF CHUBBUCK ROAD AND PHILBIN ROAD. I I lio LO -2 L o NIM C) BILYEU ESTATES - DIVISION 1 INSTRUMENT NO. 21712050 I I n LOT1 Lo C6 BLOCK 1 (P1 -S1-590) r5.90' (P1 -S1-46.76) 46.76' (SI -69797) _ 697.97' PL LAry\ \O �G�S T ERF , .v STgTEOFVOPpl \yEW S. 0� BASIS OFMAR/NG THE WEST LINE OF SECTION 4 WAS ASSUMED TO BE N 00°15'57" W BETWEEN THE SOUTHWEST CORNER AND THE WEST 1/4 CORNER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. NOTES 1. THE PROPERTY IS LOCATED IN FLOOD ZONE X (AREA OF MINIMAL FLOOD HAZARD) PER FEMA FLOOD PANEL 16005CO236D. GRAPH/C SCALE 60 0 30 60 ( IN FEET) 1 inch = 60' _ WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 4. FOUND 5/8 REBAR WITH NO CAP. SEE CP&F INST. NO. 99014595 COMYRECORBER'S CERTIFICATE LEGEND 5 4 8 9 FOUND SECTION CORNER AS NOTED 5 FOUND 1/4 CORNER AS NOTED 4 FOUND 1/16 CORNER AS NOTED FOUND 5/8 INCH REBAR WITH PLASTIC CAP STAMPED "PLS 19405" OR AS NOTED ® FOUND 1 INCH COPPER CAP IN CONCRETE "PLS STAMPED 19045" FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM ® CAP STAMPED "RMES PELS 2341" B FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM O CAP STAMPED "RMES PLS 18971" ❑ FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" SET 5/8 BY 24 INCH REBAR WITH ALUMINUM CAP STAMPED "LS 13023" SET 1/2 BY 24 INCH REBAR WITH PLASTIC CAP STAMPED "LS 13023" 5 / BLOCK 1 SUBDIVISION LOT/BLOCK NUMBER LOT 1/BLOCKS EXISTING SUBDIVISION LOT/BLOCK NUMBER SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINES - SECTION LINES ADJACENT PROPERTY LINES - - - - - - - - - NEW EASEMENT SIDELINE - - EXISTING EASEMENT SIDELINE (S1-) BEARING AND DISTANCE PER RECORD OF SURVEY FOR CITY OF CHUBBUCK (INST. NO. 22214025) (S2-) BEARING AND DISTANCE PER RECORD OF SURVEY FOR WES PAHL (INST. NO. 22011576) (P1) BEARING AND DISTANCE PER BILYEU ESTATES DIVISIONS 1,4,5,6 AND 8 (INST. NOS. 21712050, 21816325, 21917770, 22014896 AND 22218873) BOYNBARYBESCR/PT/ON A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 4, POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP AS DESCRIBED IN CORNER PERPETUATION AND FILING INST. NO. 22126715; THENCE SOUTH 00°15'57" EAST, FOLLOWING ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 1921.31 FEET TO A POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP STAMPED "RMES PLS 18971": THENCE SOUTH 89°50'06" EAST, LEAVING THE WEST LINE OF SECTION 4, A DISTANCE OF 43.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°50'06" EAST, FOLLOWING ALONG THE SOUTH BOUNDARY LINES OF BILYEU ESTATES - DIVISION 8, 6, AND 5 (RECORD INST. NOS. 22218873, 22014896, AND 21917770), A DISTANCE OF 582.01 FEET TO A POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP STAMPED "RMES PELS 2341"; THENCE SOUTH 00°15'57" EAST, LEAVING SAID SOUTH BOUNDARY LINES OF BILYEU ESTATES - DIVISION 8, 6, AND 5, AND FOLLOWING ALONG THE WEST BOUNDARY LINES OF BILYEU ESTATES - DIVISION 4 AND 1 (RECORD INST. NOS. 21816325 AND 21712050), A DISTANCE OF 672.26 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD, BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; THENCE LEAVING SAID WEST BOUNDARY LINES OF BILYEU ESTATES - DIVISION 4 AND 1 AND FOLLOWING ALONG SAID NORTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD AND THE EAST RIGHT-OF-WAY LINE OF PHILBIN ROAD FOR THE FOLLOWING SIX (6) COURSES: 1. NORTH 89°50'41" WEST, A DISTANCE OF 513.61 FEET TO A POINT BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 2. NORTH 58'15'23" WEST, A DISTANCE OF 24.18 FEET TO A POINT BEING MONUMENTED BY A 1 INCH COPPER CAP IN CONCRETE STAMPED "PLS 19045", ALSO BEING A POINT OF TANGENCY WITH A 32.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS NORTH 31'44'37" EAST; 3. THENCE FOLLOWING SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 37°43'39" FOR AN ARC LENGTH OF 21.07 FEET (THE CHORD OF SAID CURVE BEARS NORTH 39°23'34" WEST A DISTANCE OF 20.69 FEET) TO A POINT BEING MONUMENTED BY A 1 INCH COPPER CAP IN CONCRETE STAMPED "PLS 19045", ALSO BEING A POINT OF TANGENCY WITH A 482.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS NORTH 69°28'16" EAST; 4. THENCE FOLLOWING SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 12°02'45" FOR AN ARC LENGTH OF 101.34 FEET (THE CHORD OF SAID CURVE BEARS NORTH 14°30'21" WEST A DISTANCE OF 101.15 FEET) TO A POINT OF TANGENCY BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 5. THENCE NORTH 08°28'59" WEST, A DISTANCE OF 69.61 FEET TO A POINT BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 6. THENCE NORTH 00°15'57" WEST, A DISTANCE OF 477.06 FEET TO THE POINT OF BEGINNING. CONTAINING 8.90 ACRES, MORE OR LESS. SURVEYOR'S CERTIFICATE I, MATTHEW S. BAKER, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE PREMISES DESCRIBED IN THE BOUNDARY DESCRIPTION AND SHOWN ON THIS PLAT UPON WHICH THIS CERTIFICATION APPEARS. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND THAT THE MONUMENTATION SHOWN CONFORMS WITH THAT SET ON THE GROUND AND THAT THE PERTINENT STATUTES OF THE STATE OFIDAHO ER WITH ALL LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. �p1. LA \STERE SGS G MATTHEW S. BAKER ILZ—V U UL-iU ,LSI DATE AMENDED PHILBIN CROSSING LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO BLOCKS, LOTS AND A STREET TO BE HEREAFTER KNOWN AS AMENDED PHILBIN CROSSING. WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS, LOTS AND STREET ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OF-WAY ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENT FOR PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST. THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE CITY UNTIL ACCEPTED. WESLEY PAHL (OWNER) BRIANNE PAHL (OWNER) OWNERS OF LOTS 1-3, BLOCK 2: G&J PAHL INVESTMENTS FAMILY, LLLP G&J PAHL FAMILY MANAGEMENT LLC, GENERAL PARTNER SAN/TARYRESTR/CT/ONS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINES HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: HEALTH DISTRICT SIGNATURE: DECLARATION OFCOYENANTS, COND/T/ONSAND RESTRICTIONS ARE RECORDED AS INSTRUMENT NUMBER 22403213 AND ARE HEREBY MADE A PART OF THE PLAT DEYELOPMENTAGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE A PART OF THIS PLAT. CUL/NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. /RR/GAT/ON WATER RIGHTS STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND CITY OF CHUBBUCK CODE SECTION 16.12.230. PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK. Mr)" OF CHUBBUCK THE PLAT ON WHICH THIS CERTIFICATION APPEARS IS HEREBY APPROVED BY THE CITY OF GREG PAHL (MANAGER) JULIE PAHL (MANAGER) CHUBBUCK, IDAHO, THIS DAY OF 20 OWNERS OF LOTS 1 & 2, BLOCK 1: PHILBIN CROSSING MART INC HARPREET MULTANI (DIRECTOR) ACKNOWLEDGMENT STATE OF IDAHO. COUNTY OF BANNOCK SHARANJIT MULTANI (PRESIDENT) ON THIS DAY OF IN THE YEAR 20 , BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WESLEY PAHL AND BRIANNE PAHL, KNOWN OR IDENTIFIED TO ME, TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS DAY AND THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC RESIDING IN ACKNOWLEDGMENT COUNTY, STATE OF IDAHO. STATE OF IDAHO, COUNTY OF BANNOCK ON THIS DAY OF IN THE YEAR 20 , BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED GREG PAHL AND JULIE PAHL, KNOWN OR IDENTIFIED TO ME TO BE THE MANAGERS OF G&J PAHL FAMILY MANAGEMENT, LLC, GENERAL PARTNER(S) THAT EXECUTED THE FOREGOING INSTRUMENT IN SAID PARTNERSHIP NAME AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS DAY AND THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. ACKNOWLEDGMENT STATE OF IDAHO, COUNTY OF BANNOCK ON THIS DAY OF , IN THE YEAR 20 , BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED HARPREET MULTANI AND SHARANJIT MULTANI, KNOWN TO ME TO BE THE DIRECTOR AND PRESIDENT OF THE CORPORATION, AND THAT PURSUANT TO A RESOLUTION OF THE BOARD OF DIRECTORS, HE/SHE EXCUTED THE FOREGOING IS SAID CORPORATION NAME AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS DAY AND THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. KEVIN ENGLAND, MAYOR JOEY BOWERS, CITY CLERK BRIDGER MORRISON, P.E., CITY ENGINEER REY/EW/NG SURVEYOR'S CERTIFICATE I, ADAM J. THAYER, A LICENSED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE REQUIREMENTS OF IDAHO CODE 50-1305 HAVE BEEN MET, AND 1 APPROVE THE SAME FOR FILING THIS DAY OF , 20 ADAM J. THAYER PLS NO. 19405 COUNTY TREASURER'S CERT/F/GATE PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL. THROUG JENNIFER CLARK, COUNTY TREASURER DATE COYNTYRECORDER'S CERT/F/GATE