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HomeMy WebLinkAboutItem #1 Brookstone Estates Div. 14/ao'�C\ CHUBBUCK 1 0 R 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 26, 2024 Re: Final Plat for Brookstone Estates— Division 14 Applicant: Professional Services: Brookstone, LLC 158 S. Main St. Pocatello, ID 83204 Knudsen Engineering, LLC 609 W. Maple St. Pocatello, ID 83201 Application: Brookstone Estates Division 14, Approximately 2.94 acres with 19 Single family residential building lots. Located in the SW 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, west of Division 13. Generally located at the west end of Brynwood Avenue. Existing Zoning: Limited Residential - P (R -2P) Existing Land Use: Agriculture Staff Report: The final plat for Brookstone Estates— Division 14 substantially conforms to the preliminary plat approved by the City Council on April 20, 2022. The final plat application has been reviewed by staff and appears to meet the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period o A twelve (12) month extension of the preliminary plat approval was granted by City Council on February 7, 2024. o Notice was posted on the property in question on August 26, 2024. • 17.12.220: The Community Services Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat o No conditions were attached to the preliminary plat approval • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o Construction plans have been approved by Development Services Division and any requirements will be incorporated into a development agreement. If staff and developer are unable to reach a consensus of requirements for the development through the development agreement, staff will bring items of disagreement before the City Council for a final decision. o A successful execution of the development agreement. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Brookstone Estates - Division 14 194�0t\ 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 FINAL PLAT FOR BROOKSTONE ESTATES DIVISION 14, APPROXIMATELY 2.94 ACRES LOCATED AT THE WEST END OF BRYNWOOD AVENUE FACTS REQUEST: The applicant proposes a 19 lot Final Plat for 19 residential building lots in the Brookstone Estates Subdivision, Division 14. It includes extending and improving Brynwood Ave. along with water, sewer, and irrigation infrastructure to the northwest. 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: Brookstone LLC 158 S. Main St. Pocatello, ID 83204 PROFESSIONAL SERVICES: Knudsen Engineering, LLC 609 W. Maple St. Pocatello, ID 83201 LOCATION: SW 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, west of Brookstone Estates Division 13. Generally located at the west end of Brynwood Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential P (R -2P) CURRENT LAND USE: agriculture PROJECT SIZE: ±2.94 acres VIEWS: Generally visible from the south and east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2015: Chubbuck Rd at Philbin Rd., 2644/day 2016: Chubbuck Rd at Philbin Rd., 2696/day 2018: Chubbuck Rd at Philbin Rd., 3076/day NORTH: Agriculture; Bannock County Residential Suburban zone EAST: Agriculture; Bannock County Residential Suburban & Limited Residential P (R -2P) zones SOUTH: Residential; Limited Residential P (R -2P) zone WEST: Vacant, Bannock County Residential Suburban zone Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Lamar Street. 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 17.12.130, a final plat application was filed in time to be reviewed in accordance with a preliminary plat which was approved on April 20, 2022. 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 17.12.220, the Community Services Director found that the final plat application met substantial conformity with the approved preliminary plat. In accordance with City Code 17.12.230, the record was reviewed on September 4, 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: /944'C-\ 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. Construction plans have been approved by Development Services Division and any requirements will be incorporated into a development agreement. If staff and developer are unable to reach a consensus of requirements for the development through the development agreement, staff will bring items of disagreement before the City Council for a final decision. b. A successful execution of the development agreement. 2. The final plat proposal substantially conforms with the approved preliminary plat, meaning that the following are found: a. The number of lots have not increased nor has there been a significant change in the configuration of lots; b. The street alignment has not changed significantly; c. No additional streets are proposed; d. There has not been a significant change, of more than 10%, in the size or location of open space whether public or private; e. No other changes have occurred that have affected the reviewed and approved preliminary plat. ORDER: CONCLUSION AND DECISION: PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Final 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 final plat is valid for a period of two (2) years. Approval of a final 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 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 other properties in the area. If the final 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 final plat and supporting documents shall be resubmitted to the City for a review of compliance to then existing applicable ordinances and regulations. 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 1940't-\ 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 WEST QUARTER CORNER OF SECTION 5, FOUND 5/8" REBAR WITH PLASTIC CAP PER CP&F #21103118 (R3 -S 89°3249" W 2587.62) S 89°32'50" E 2587.62' 6 - 5 1292.79' 1294.83' (R3-1292.83) (R3-1294.79) TCENTER-WEST 1/16 CORNER OF SECTION 5, FOUND BENT 1/2" REBAR WITH PLASTIC CAP 27.90' SOUTH OF THE COMPUTED CORNER OF 1/16 LINE SEE RECORD OF SURVEY INSTR. #21007444, SURVEY SHOWS THE DISTANCE TO BE 26.04' W m z Z zm D� E:m O M X M �o> D Z Z :u Z 'n �7 m W r `\ v N p ;0 �C-)C oW co D C/)o o� W --j o in r m zo mmn r � � cp o m z CENTER QUARTER CORNER OF SECTION 5, FOUND ALUMINUM CAP MONUMENT C PER CP&F #22019009 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTAANGLE Cl 152.50' 51.38' 51.14' N 29°21'05" W 19°18'20" C2 152.50' 35.90' 35.82' S 12°57'17" E 13°29'16" C3 152.50' 16.84' 16.83' S 03°02'53" E 6°19'33" C4 125.00' 85.34' 83.70' S 19026'40" E 39°07'09" C5 97.50' 66.57' 65.28' S 19°26'40" E 39°07'09" RECORD CURVE DATA CURVE RADIUS IARCLENGTH lCHORDLENGTH CHORD BEARING DELTA ANGLE R1 -C1 152.50' 51.38' 51.14' N29°21'05"W 19°18'20" M TEMPORARY TURN AROUND, UTILITY AND STORM WATER EASEMENT SEE NOTE 1 BROOKSTONE, LLC DEED INSTR. #22112193 S 89°53'06" E 256.55' - -120_00' - \ --r - - 20.002 32.50' - 32.50'L \ • 101.55' -1 27.50' 27.50' i 100.00' o LOT 32 l o o l LOT 16 0 oO 0.12 AC t o o l 0Lo Ln.12 AC o I I LO S 89°53'06" E I I I S 89°53'06" E Z I G) m I o c M v SOUTHWEST 1/16 CORNER OF SECTION 5, FOUND 5/8" BARE REBAR 11 PER CP&F #660194 101.55' LOT 31 0 0.12 AC I o Ln S 89°53'06" E 101.55' 15.00' J PUE 0 LOT 30 0.12 AC S 89°53'06" E 101.55' LOT 29 I o 0.12 AC I o S 89°53'06" E 101.56' BLOCK 1 I o LOT 28 O 0.12 AC I LO o 6,47- S 89°53'06" E 101.53' LOT 27 I o 0.12 AC I o ILn S 89°53'06" E '0 0.17 AC 56 5� 59 m SEE NOTE 2 j �pls- ALUMINUM A. 0 C0 6°�, o �h BLOCK 1 MONUMENRYN T \ BAV Wppp LOT 22 "PLS18405"\ ENVE o P.O..BBROOKSTONE ESTATES - DIVISION 13 �W INSTRUMENT No. 22407617 _o co N A � MONUMENTED BASIS OF BEARING - (IN 87'3 '05" "W 313.87) - N 87°39'05" W 1313.88' WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22000423 REFERENCE DOCUMENTS 1) DEED INSTRUMENT#22112193 2) DEED INSTRUMENT #21917445 3) DEED INSTRUMENT #22000424 4) EASEMENT INSTRUMENT # 5) PLAT INSTRUMENT #22407617 6) SURVEY INSTRUMENT #22000424 7) SURVEY INSTRUMENT #22118321 8) SURVEY INSTRUMENT #22209368 9) CP&F INSTRUMENT #22103718 10) CP&F INSTRUMENT #22000423 11) CP&F INSTRUMENT #660194 12) CP&F INSTRUMENT #22019009 13) CP&F INSTRUMENT #21103118 NOTES 1) A TEMPORARY TURN AROUND, UTILITY AND STORM WATER EASEMENT AS DESCRIBED IN INSTRUMENT #22408505. 2) THE TOP OF THE BANK OF THE IRRIGATION DITCH WAS MEASURED AND COLLECTED AS SHOWN ON THE FACE OF THIS PLAT, SEE CANAL RIGHT-OF-WAY CERTIFICATE. THE LINE WORK SHOWS THE IRRIGATION DITCH FALLING OUTSIDE OF A DEDICATED OR WRITTEN EASEMENT. INTERIOR MONUMENT COMPLETION CERTIFICATE PURSUANT TO THE REQUIREMENTS OF I.C. §50-1331, I.C. §50-1332, AND I.C. §50-1333, 1 CARDON T. PAYNE CERTIFY THAT THE INTERIOR MONUMENTS SHALL BE SET IN ACCORDANCE WITH THE REQUIREMENTS OF I.C. §50-1303 WITHIN ONE CALENDAR YEAR OF THE RECORDING DATE OF THIS PLAT. CANAL RIGHT-OF-WAY BROOKSTONE ES TA TES - DIVISION 14 LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. (R1- ) ALL CANALS, AS SHOWN HEREON, EXIST WITHIN A RIGHT-OF-WAY DEFINED BY I.C. §42-1102 AND MUST HAVE WRITTEN PERMISSION OF THE OWNER OR OPERATOR OF THE (R2 - RIGHT -OF -WAY TO CONSTRUCT ANYTHING WITHIN, UNDER, UPON OR OVER THE AREA, TO ENSURE THAT ANY SUCH ENCROACHMENTS WILL NOT UNREASONABLY OR MATERIALLY INTERFERE WITH THE USE AND ENJOYMENT OF THE RIGHT-OF-WAY. (R3 - SURVEY NARRATIVE THIS PLAT WAS MADE AT THE REQUEST OF BROOKSTONE, LLC. WITH THE INTENTIONS TO SUBDIVIDE A PORTION OF LAND DESCRIBED IN DEED INSTRUMENT No. 22112193. THE SOUTH BOUNDARY WAS DETERMINED BY FOUND MONUMENTS AND RECORD INFORMATION FROM BROOKSTONE ESTATES - DIVISION 13. THE WEST BOUNDARY WAS DETERMINED BY FOUND 1/16TH CORNERS. THE NORTH AND EAST BOUNDARIES WERE DETERMINED BY BROOKSTONE, LLC. SOUTH QUARTER CORNER OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22103718 5 -400mN 8 BASIS OF BEARING BASIS OF BEARING PER IDAHO STATE PLANE COORDINATE SYSTEM - EAST ZONE. CITY OF CHUBBUCK COORDINATE SYSTEM GPS COMBINATION SCALE FACTOR OF 1.0002579939. VICINITY MAP NOT TO SCALE LEGEND CENTER QUARTER CORNER AS NOTED QUARTER CORNER AS NOTED 1/16TH CORNER AS NOTED FOUND PLASTIC CAP MONUMENT "PLS 18405" OR AS NOTED FOUND 1/2" REBAR WITH PLASTIC CAP "PLS 18405" SET ALUMINUM CAP MONUMENT "PLS 18405" SET 5/8" REBAR WITH PLASTIC CAP "PLS 18405" SET 1/2" REBAR WITH PLASTIC CAP "PLS 18405" PARCEL BOUNDARY LOT LINE CENTERLINE EASEMENT LINE (USE AS NOTED) TEMPORARY EASEMENT SECTION LINE ADJOINING PARCEL OR LOT LINE EXISTING EASEMENT TOP OF IRRIGATION DITCH DIMENSIONAL TIE LINE RECORD BEARING AND DISTANCE PER BROOKSTONE ESTATES - DIVISION 13 INSTR. # RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22000424 RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22118321 \ONp L LANA S � E N SFS (✓� O a` P�F OF N 100.00' 101.37' o o LOT 26 I o 0 I 0.12 AC 0.12 AC I o Lo S 89°53'06" E 100.00' S 89°53'06" E ILo � � I` 15.00' 101.20' I M zo o LOT 25 0 o 0 0.12 AC t o zzm 'p 0.12 AC I Ln C/) z z S 89°53'06" E oo N 100.00' S 89°53'06" E o I LOT 13 o D o Ln 0.12 AC 101.04' I I.) 0o Cl) g LOT 24 N I c-, p (0 0 0.12 AC M � N m 0 o l LOT 12 S 89°53'06" E I w Ln io p o l 0.12 AC 101.80' I s 15.00' o z Z I S 89°53'06" EC/) PUE 1 N APPROXIMATE TOP OF 100.00' LOT 23 m Lu IRRIGATION DITCH I o '0 0.17 AC 56 5� 59 m SEE NOTE 2 j �pls- ALUMINUM A. 0 C0 6°�, o �h BLOCK 1 MONUMENRYN T \ BAV Wppp LOT 22 "PLS18405"\ ENVE o P.O..BBROOKSTONE ESTATES - DIVISION 13 �W INSTRUMENT No. 22407617 _o co N A � MONUMENTED BASIS OF BEARING - (IN 87'3 '05" "W 313.87) - N 87°39'05" W 1313.88' WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22000423 REFERENCE DOCUMENTS 1) DEED INSTRUMENT#22112193 2) DEED INSTRUMENT #21917445 3) DEED INSTRUMENT #22000424 4) EASEMENT INSTRUMENT # 5) PLAT INSTRUMENT #22407617 6) SURVEY INSTRUMENT #22000424 7) SURVEY INSTRUMENT #22118321 8) SURVEY INSTRUMENT #22209368 9) CP&F INSTRUMENT #22103718 10) CP&F INSTRUMENT #22000423 11) CP&F INSTRUMENT #660194 12) CP&F INSTRUMENT #22019009 13) CP&F INSTRUMENT #21103118 NOTES 1) A TEMPORARY TURN AROUND, UTILITY AND STORM WATER EASEMENT AS DESCRIBED IN INSTRUMENT #22408505. 2) THE TOP OF THE BANK OF THE IRRIGATION DITCH WAS MEASURED AND COLLECTED AS SHOWN ON THE FACE OF THIS PLAT, SEE CANAL RIGHT-OF-WAY CERTIFICATE. THE LINE WORK SHOWS THE IRRIGATION DITCH FALLING OUTSIDE OF A DEDICATED OR WRITTEN EASEMENT. INTERIOR MONUMENT COMPLETION CERTIFICATE PURSUANT TO THE REQUIREMENTS OF I.C. §50-1331, I.C. §50-1332, AND I.C. §50-1333, 1 CARDON T. PAYNE CERTIFY THAT THE INTERIOR MONUMENTS SHALL BE SET IN ACCORDANCE WITH THE REQUIREMENTS OF I.C. §50-1303 WITHIN ONE CALENDAR YEAR OF THE RECORDING DATE OF THIS PLAT. CANAL RIGHT-OF-WAY BROOKSTONE ES TA TES - DIVISION 14 LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. (R1- ) ALL CANALS, AS SHOWN HEREON, EXIST WITHIN A RIGHT-OF-WAY DEFINED BY I.C. §42-1102 AND MUST HAVE WRITTEN PERMISSION OF THE OWNER OR OPERATOR OF THE (R2 - RIGHT -OF -WAY TO CONSTRUCT ANYTHING WITHIN, UNDER, UPON OR OVER THE AREA, TO ENSURE THAT ANY SUCH ENCROACHMENTS WILL NOT UNREASONABLY OR MATERIALLY INTERFERE WITH THE USE AND ENJOYMENT OF THE RIGHT-OF-WAY. (R3 - SURVEY NARRATIVE THIS PLAT WAS MADE AT THE REQUEST OF BROOKSTONE, LLC. WITH THE INTENTIONS TO SUBDIVIDE A PORTION OF LAND DESCRIBED IN DEED INSTRUMENT No. 22112193. THE SOUTH BOUNDARY WAS DETERMINED BY FOUND MONUMENTS AND RECORD INFORMATION FROM BROOKSTONE ESTATES - DIVISION 13. THE WEST BOUNDARY WAS DETERMINED BY FOUND 1/16TH CORNERS. THE NORTH AND EAST BOUNDARIES WERE DETERMINED BY BROOKSTONE, LLC. SOUTH QUARTER CORNER OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22103718 5 -400mN 8 BASIS OF BEARING BASIS OF BEARING PER IDAHO STATE PLANE COORDINATE SYSTEM - EAST ZONE. CITY OF CHUBBUCK COORDINATE SYSTEM GPS COMBINATION SCALE FACTOR OF 1.0002579939. VICINITY MAP NOT TO SCALE LEGEND CENTER QUARTER CORNER AS NOTED QUARTER CORNER AS NOTED 1/16TH CORNER AS NOTED FOUND PLASTIC CAP MONUMENT "PLS 18405" OR AS NOTED FOUND 1/2" REBAR WITH PLASTIC CAP "PLS 18405" SET ALUMINUM CAP MONUMENT "PLS 18405" SET 5/8" REBAR WITH PLASTIC CAP "PLS 18405" SET 1/2" REBAR WITH PLASTIC CAP "PLS 18405" PARCEL BOUNDARY LOT LINE CENTERLINE EASEMENT LINE (USE AS NOTED) TEMPORARY EASEMENT SECTION LINE ADJOINING PARCEL OR LOT LINE EXISTING EASEMENT TOP OF IRRIGATION DITCH DIMENSIONAL TIE LINE RECORD BEARING AND DISTANCE PER BROOKSTONE ESTATES - DIVISION 13 INSTR. # RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22000424 RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22118321 \ONp L LANA S � E N SFS (✓� O a` P�F OF N 100.00' o LOT 15 o 0 I 0.12 AC o S 89°53'06" E 100.00' I` 15.00' PUE o LOT 14 0 0.12 AC S 89°53'06" E 100.00' o I LOT 13 o LLI � o Ln 0.12 AC o � u�JIM J N o W I S 89°53'06" E J co w Q I 100.00' LLj N ZCIA 0 o l LOT 12 0 'v O 0' Ln io p o l 0.12 AC o Y (n s o z Z I S 89°53'06" EC/) � m 100.00' m Lu I o o LOT 11 o o �I I 0.12 AC o S 89°53'06" E 100.00' o I LOT 10 0 o 0 �I I 0.12 AC o S 89053'06" E 100.00' o LOT 9 0 l 0 f 0.12 AC o S 89°53'06" E 100.00' I M I BLOCK 3 M LOT 8 • I 0.15 AC 15.00' r PUE ti NQO \ 1 M / ^��5 Q\ O U co U -jo O Q '0 0.17 AC 56 5� 59 m SEE NOTE 2 j �pls- ALUMINUM A. 0 C0 6°�, o �h BLOCK 1 MONUMENRYN T \ BAV Wppp LOT 22 "PLS18405"\ ENVE o P.O..BBROOKSTONE ESTATES - DIVISION 13 �W INSTRUMENT No. 22407617 _o co N A � MONUMENTED BASIS OF BEARING - (IN 87'3 '05" "W 313.87) - N 87°39'05" W 1313.88' WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22000423 REFERENCE DOCUMENTS 1) DEED INSTRUMENT#22112193 2) DEED INSTRUMENT #21917445 3) DEED INSTRUMENT #22000424 4) EASEMENT INSTRUMENT # 5) PLAT INSTRUMENT #22407617 6) SURVEY INSTRUMENT #22000424 7) SURVEY INSTRUMENT #22118321 8) SURVEY INSTRUMENT #22209368 9) CP&F INSTRUMENT #22103718 10) CP&F INSTRUMENT #22000423 11) CP&F INSTRUMENT #660194 12) CP&F INSTRUMENT #22019009 13) CP&F INSTRUMENT #21103118 NOTES 1) A TEMPORARY TURN AROUND, UTILITY AND STORM WATER EASEMENT AS DESCRIBED IN INSTRUMENT #22408505. 2) THE TOP OF THE BANK OF THE IRRIGATION DITCH WAS MEASURED AND COLLECTED AS SHOWN ON THE FACE OF THIS PLAT, SEE CANAL RIGHT-OF-WAY CERTIFICATE. THE LINE WORK SHOWS THE IRRIGATION DITCH FALLING OUTSIDE OF A DEDICATED OR WRITTEN EASEMENT. INTERIOR MONUMENT COMPLETION CERTIFICATE PURSUANT TO THE REQUIREMENTS OF I.C. §50-1331, I.C. §50-1332, AND I.C. §50-1333, 1 CARDON T. PAYNE CERTIFY THAT THE INTERIOR MONUMENTS SHALL BE SET IN ACCORDANCE WITH THE REQUIREMENTS OF I.C. §50-1303 WITHIN ONE CALENDAR YEAR OF THE RECORDING DATE OF THIS PLAT. CANAL RIGHT-OF-WAY BROOKSTONE ES TA TES - DIVISION 14 LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. (R1- ) ALL CANALS, AS SHOWN HEREON, EXIST WITHIN A RIGHT-OF-WAY DEFINED BY I.C. §42-1102 AND MUST HAVE WRITTEN PERMISSION OF THE OWNER OR OPERATOR OF THE (R2 - RIGHT -OF -WAY TO CONSTRUCT ANYTHING WITHIN, UNDER, UPON OR OVER THE AREA, TO ENSURE THAT ANY SUCH ENCROACHMENTS WILL NOT UNREASONABLY OR MATERIALLY INTERFERE WITH THE USE AND ENJOYMENT OF THE RIGHT-OF-WAY. (R3 - SURVEY NARRATIVE THIS PLAT WAS MADE AT THE REQUEST OF BROOKSTONE, LLC. WITH THE INTENTIONS TO SUBDIVIDE A PORTION OF LAND DESCRIBED IN DEED INSTRUMENT No. 22112193. THE SOUTH BOUNDARY WAS DETERMINED BY FOUND MONUMENTS AND RECORD INFORMATION FROM BROOKSTONE ESTATES - DIVISION 13. THE WEST BOUNDARY WAS DETERMINED BY FOUND 1/16TH CORNERS. THE NORTH AND EAST BOUNDARIES WERE DETERMINED BY BROOKSTONE, LLC. SOUTH QUARTER CORNER OF SECTION 5, FOUND ALUMINUM CAP MONUMENT PER CP&F #22103718 5 -400mN 8 BASIS OF BEARING BASIS OF BEARING PER IDAHO STATE PLANE COORDINATE SYSTEM - EAST ZONE. CITY OF CHUBBUCK COORDINATE SYSTEM GPS COMBINATION SCALE FACTOR OF 1.0002579939. VICINITY MAP NOT TO SCALE LEGEND CENTER QUARTER CORNER AS NOTED QUARTER CORNER AS NOTED 1/16TH CORNER AS NOTED FOUND PLASTIC CAP MONUMENT "PLS 18405" OR AS NOTED FOUND 1/2" REBAR WITH PLASTIC CAP "PLS 18405" SET ALUMINUM CAP MONUMENT "PLS 18405" SET 5/8" REBAR WITH PLASTIC CAP "PLS 18405" SET 1/2" REBAR WITH PLASTIC CAP "PLS 18405" PARCEL BOUNDARY LOT LINE CENTERLINE EASEMENT LINE (USE AS NOTED) TEMPORARY EASEMENT SECTION LINE ADJOINING PARCEL OR LOT LINE EXISTING EASEMENT TOP OF IRRIGATION DITCH DIMENSIONAL TIE LINE RECORD BEARING AND DISTANCE PER BROOKSTONE ESTATES - DIVISION 13 INSTR. # RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22000424 RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22118321 \ONp L LANA S � E N SFS (✓� O a` P�F OF N OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT I, THE UNDERSIGNED OWNER OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS, BLOCKS AND STREETS TO BE HEREAFTER KNOWN AS BROOKSTONE ESTATES - DIVISION 14. I, THE OWNER, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE LOTS, BLOCKS AND STREETS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREET, WATER, SEWER, IRRIGATION 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 EASEMENTS FOR PUBLIC UTILITIES ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITIES 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. THE 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. BROOKSTONE, LLC, AN IDAHO LIMITED LIABILITY COMPANY DANNIS ADAMSON, MEMBER DATE ACKNOWLEDGMENT STATE OF IDAHO ) COUNTY OF ) SS. ON THIS DAY OF , IN THE YEAR OF 20 , DANNIS ADAMSON, MEMBER OF BROOKSTONE, LLC, PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE STATE OF IDAHO AND ACKNOWLEDGE TO ME THAT THEY EXECUTED THE SAME THE HEREIN INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY. NOTARY PUBLIC: MY COMMISSION EXPIRES ON: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARE RECORDED AS INSTRUMENT No. PLAT AND ARE HEREBY MADE A PART OF THIS HEALTH DEPARTMENT CERTIFICATE SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINE 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. DISTRICT HEALTH DEPARTMENT DATE FLOOD PLAIN DESIGNATION ZONE X PER FLOOD INSURANCE RATE MAP PANEL 225 OF 925, COMMUNITY -PANEL NUMBER 16005CO225D, EFFECTIVE DATE JULY 7, 2009. FLOOD ZONES ARE SUBJECT TO CHANGE BY FEMA AND ALL LAND WITHIN A FLOODWAY OR FLOODPLAIN IS REGULATED BY CHAPTER 15.54 OF CHUBBUCK CITY CODE. BOUNDARY DESCRIPTION LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 THENCE N 87°39'05" W 1313.88' ALONG THE SOUTH LINE OF SAID SECTION 5 TO THE WEST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5; THENCE N 00°04'32" W 997.27' ALONG THE WEST 1/16TH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF BROOKSTONE ESTATES - DIVISION 13 FILED AS INSTRUMENT No. 22407617 POINT ALSO BEING THE POINT OF BEGINNING; THENCE N 00'04'32'W 311.18' ALONG THE SAID WEST 1/16TH LINE TO THE SOUTHWEST 1/16TH CORNER; THENCE N 00°06'59" E 243.53' ALONG THE SAID WEST 1/16TH LINE; THENCE S 89°53'06" E 256.55; THENCE S 00°06'54" W 431.16' TO THE NORTH CORNER OF BROOKSTONE ESTATES - DIVISION 13 FILED AS INSTRUMENT No. 22407617; THENCE ALONG THE NORTHWEST BOUNDARY LINE OF BROOKSTONE ESTATES - DIVISION 13 FILED AS INSTRUMENT No. 22407617 FOR THE FOLLOWING THREE (3) COURSES: 1) S 50°59'45" W 155.72' TO A NON -TANGENT CURVE TO THE RIGHT; 2) 51.38' ALONG SAID NON -TANGENT CURVE TO THE RIGHT (CURVE DATA: RADIUS= 152.50', DELTA= 19°18'20", CHORD= N 29°21'05" W 51.14'); 3) S 57°36'19" W 129.90' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.94 ACRES MORE OR LESS IRRIGATION 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. CULINARY WATER STATEMENT THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. TREASURE'S CERTIFICATE PURSUANT TO IDAHO CODE 50-1308. 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. JENNIFER CLARK, COUNTY TREASURER DATE RECORDERS CERTIFICATE BROOKSTONE ES TA TES - DIVISION 14 LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. COUNTY EXAMINING SURVEYOR'S CERTIFICATE I, , AN EXAMINING 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 I APPROVE THE SAME FOR FILING THIS DAY OF .20 BANNOCK COUNTY EXAMINING SURVEYOR LICENSE NUMBER CITY OF CHUBBUCK CERTIFICATE THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED AND THE DEDICATION ARE HEREBY ACCEPTED BY THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF 20 KEVIN ENGLAND, MAYOR JOEY BOWERS, CITY CLERK BRIDGER MORRISON, CITY OF CHUBBUCK ENGINEER DEVELOPMENT AGREEMENT CERTIFICATE THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INSTRUMENT No. ARE HEREBY MADE A PART OF THIS PLAT. SURVEYORS CERTIFICATE I, CARDON T. PAYNE, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE PREMISES DESCRIBED IN THE BOUNDARY DESCRIPTION AND SHOWN ON THIS PLAT UPON WHICH THIS CERTIFICATION APPEARS. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND THAT THE MONUMENTATION SHOWN CONFORMS WITH THAT SET ON THE GROUND AND THAT THE PERTINENT STATUTES OF THE STATE OF IDAHO, TOGETHER WITH ALL LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. CARDON T. PAYNE, LICENSE #18405 \,;ANL LANA S ENS 10 �•Q o a �O P0 ATF OF AQP R�ON T. PP DATE