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HomeMy WebLinkAboutItem #2 12260 Hiline-AnnexationCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: October 16, 2024 RE: An application for annexation of approximately 3.1 acres of land into the City of Chubbuck, located at 12260 N Hiline Rd. The application will be reviewed against criteria in section 18.28.060.G of city code. (Action Item) SUMMARY DESCRIPTION. An application for annexation of approximately 3.1 acres of land into the City of Chubbuck, located at 12260 N Hiline Rd STAFF FINDINGS. After reviewing the application, staff finds that it meets the description and requirements for an Annexation with Consent and recommends approval. • It is contiguous to the City boundary and within the Urban Service Boundary. • Utilities are available 200 feet from the western edge of the property in Hiline Rd. o A sewer main is also planned to run along the southern boundary of the property. • The owner has consented to the annexation. • The Land Use and Development Commission has recommended a zoning district for the subject property (approval of the zoning district is a separate item on this agenda). o The recommended zoning district is Limited Residential (R-2). RECOMMENDATION. Staff recommends approval of annexation of the property with no conditions There will be development standards applied through the platting process. FACTS BACKGROUND: The subject property has been in agricultural use for some time. All surrounding properties are in agricultural use or single family homes with acreage. The site is within a city enclave, surrounded by land annexed to the City in 2018 and 2019. TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based on the standards for approval). The Council may approve, table a decision, or deny the application. APPLICANT AND OWNER: Terrence J Merzlock 12260 N Hiline Rd Pocatello, ID 83202 LOCATION: The property is at 12260 N Hiline Rd, situated approximately 1/4 mile north of New Day Parkway and 230 feet east of Hiline Rd. The site includes Bannock County parcel number R3803055906. REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County, Agricultural zone CURRENT LAND USE: Pasture EXISTING STRUCTURES: None PROJECT SIZE: 3.1 acres VIEWS: All directions CHUBBUCK 1 0 R H 0 TOPOGRAPHY: Property is generally flat, neighboring properties have some slope toward this parcel IRRIGATION FACILITIES: Private well RECENT TRAFFIC COUNTS ON HILINE RD: North of New Day Pkwy — 2021, 4,186/day; 2024, 3,998/day 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us SURROUNDING LAND USES AND ZONING NORTH: Single-family residential with acreage, pasture; Bannock County Agricultural zone EAST: Single-family residential with acreage, pasture; Bannock County Agricultural zone SOUTH: Single-family residential with acreage, pasture; Agricultural zone (Chubbuck) WEST: Single-family residential with acreage, pasture; Agricultural zone (Chubbuck) Developing single-family subdivision; Creative Community -Northside Crossing zone SERVICES: ACCESS STREET: Hiline Rd EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: Currently not developed, but area is served by private well(s). City of Chubbuck water main located approximately 250 feet west of property line in Hiline Rd WASTE WATER DISPOSAL: Currently not developed/no service. City of Chubbuck sewer main is within approximately 250 feet from edge of property in Hiline Rd, and a new sewer main will pass along the southern boundary of the property as property to the east and south is developed. IRRIGATION: Currently served by private well. APPLICABLE LAWS AND PLANS: 1. Idaho Statute §50-222: Annexation by Cities 2. Chubbuck City Code Title 18.28.060: Annexations 3. Chubbuck Comprehensive Plan, as amended PROCEDURES: 1. In accordance with City Code 18.28.060 and the current resolution, a complete petition and fees for Annexation were filed with the City and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be considered at a Regular Meeting of the City Council. 3. In accordance with Idaho Statute §50-222 and City Code 18.28.010, notices of the public meeting were posted prominently at the City offices and on the City website at least 5 days prior to the meeting. 4. Prior to the review, the Land Use and Development Commission reviewed an associated application requesting an initial zoning designation and the recommendation was forwarded to the Council for review and consideration. PUBLIC AND AGENCY COMMENTS: No comments were received from the public, service providers, or other public agencies. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us STANDARDS FOR APPROVING Annexations Per City Code Title 18.28.060.G, annexations may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Standard. a. The land is contiguous or adjacent to the City boundar . The land is contiguous to the City boundary b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county, There are no adjacent county roads. However, the proposal is related to a plat that will dedicate right-of-way to the City. c The annexation meets the requirements for its Annexation Classification under Idaho Code. The area proposed for annexation meets the standards for an Annexation with Consent; the landowner has applied for annexation. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criterion include: 1 Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities. Very low density development typically does not generate the same tax revenue per acre as other development. However, enclave properties use existing city infrastructure rather than creating a larger area for City maintenance in the future. 2 The advantages both to the City and to the area outweigh the disadvantages. The property is adjacent to a future minor arterial — the accompanying plat will dedicate part of the right-of-way needed for the arterial. 3 If previously developed, the area has the opportunity to redevelop or to develop at higher intensity. N/A 4 If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. N/A 5 Annexation is equitable and fair to existing residents; and N/A; the request is limited to an application for annexation. 6 Annexation would address a public health concern. N/A E The land can be served currently, or within a reasonable time, by essential urban services. Water and sewer mains are in Hiline Road approximately 250' west of the property edge. A future sewer main will pass along the southern boundary of the property. f A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. The Land Use and Development Commission has recommended a zoning district for the Council to act upon. CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us RECOMMENDATION The Council must determine if it is in the best interest of the City of Chubbuck whether to annex the parcel(s) into the City. The proposal satisfies the 6 standards to consider for annexation (above) and complies with the Comprehensive Plan (see Attachment Q. Staff recommends approval of the annexation request. ATTACHMENTS A. Draft Ordinance for Annexation and Initial Zoning B. Application for Annexation C. Comprehensive Plan Future Land Use Map D. Comprehensive Plan Policies Relevant to the Proposal E. City Boundary and Urban Service Boundary Map 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: October 9, 2024 brought to light at or before the meeting. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Annexation Request 12260 Hiline Rd Attachment A CITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS AT OR NEAR 12260 HILINE ROAD, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35 OF TOWNSHIP 5 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO AND WHICH ARE SPECIFICALLY SET FORTH BELOW; AND SPECIFYING THE ZONING CLASSIFICATION FOR THE NEWLY ANNEXED AREA; DIRECTING THE CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Annexation. The following described lands, located within Bannock County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35 OF TOWNSHIP 5 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST AND RUNNING THENCE N 00°07'02" E 1325.39 FEET ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 35 TO THE SOUTH 1/16TH CORNER, THENCE N 89°47'22" W 804.25 FEET ALONG THE SOUTH 1/6TH LINE TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN DEED INSTR. #98003050 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 89047'22" W 538.75 FEET ALONG THE SOUTH LINE OF SAID PARCEL, THENCE N 000 11'02" E 21.97 FEET ALONG SAID PARCEL, THENCE N 45041'02" E 305.61 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN DEED INSTR. #21017165, THENCE S 89012'40" E 195.28 FEET ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL, ORDINANCE — Page 1 Annexation Request 12260 Hiline Rd Attachment A THENCE N 00°26'01" E 149.89 FEET ALONG THE EAST LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, THENCE N 89022'47" W 35.00 FEET ALONG THE NORTH LINE OF SAID PARCEL TO THE WESTERLY LINE OF A PARCEL DESCRIBED IN DEED INSTR. #98003050, THENCE N 54°20'01" E 80.92 FEET TO THE NORTH LINE OF SAID PARCEL, THENCE S 64°37'51" E 153.68 FEET TO A POINT ON THE WEST LINE OF A PARCEL DESCRIBED IN DEED INSTR. #22300813, THENCE S 07009'17" W 369.24 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS ±13.10 ACRES Section 2. Zoning. The lands newly annexed to the City of Chubbuck, Idaho, as set forth in Section 1 above, shall be subject to the zoning classification of Limited Residential (R-2). Section 3. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. Section 4. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 5. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 6. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2024 Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK ORDINANCE — Page 2 c D I TJ Merzlock Annexation Description Annexation Request 12260 Hiline Rd OPT. K Attachment A Part of Section 35, Township 5 South, Range 34 East Boise Meridian, Bannock County, Idaho, more particularly described as; Commencing at the South Quarter corner of Section 35, Township 5 South, Range 34 East and running thence N 00°07'02" E 1325.39 feet along the Meridional centerline of said Section 35 to the South 1/16th corner, thence N 89°47'22" W 804.25 feet along the south 1/6t" line to the Southeast corner of a parcel described in Deed Instr. #9 80 03 05 0 said point being the True Point of Beginning; Thence continuing N 89°47'22" W 538.75 feet along the south line of said parcel, Thence N 00°11'02" E 21.97 feet along said parcel, Thence N 45°41'02" E 305.61 feet along the westerly line of said parcel to the southwest corner of the parcel described in Deed Instr. 421017165, Thence S 89°12'40" E 195.28 feet along the south line of said parcel to the southeast corner of said parcel, Thence N 00°26'01" E 149.89 feet along the east line of said parcel to the northeast corner of said parcel, Thence N 89°22'47" W 35.00 feet along the north line of said parcel to the westerly line of a parcel described in Deed Instr. #98003050, Thence N 54°20'01" E 80.92 feet to the north line of said parcel, Thence S 64°37'51" E 15 3.6 8 feet to a point on the west line of a parcel described in Deed Instr. #22300813, Thence S 07'09'17" W 369.24 feet along said west line to the Point of Beginning. Parcel contains ±3.10 acres SKW / RTB September 16, 2024 Z; `projects12024 Projects 424093-Merzlock LegaffegaIA4nnexation Description. doex 4880 Clover Dell Chubbuck, Idaho 83202 208-237-7373 Annexation Request �AACC®® rr e! 1� r ® 1226U Hili I ERZL 0�f\ A V I EX 4 TION Attach V C 1/4 Section 35 LOCATEO IN SW 1/4 SECTION 35, 5/8" Rebar with 2" TOWNSHIP 5 SOUTH, RANGE 34 EAST OF THE Aluminum cap Per C.P.&F. 20616613 BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. N 54'20'01" E 80.92' N 89'22'47" W � rs`3>0 35.00' a; Ij o • N o O f�1 0 100 200 S 89'12'40" E 195.28' Id � ui w �I h`OA� SQA ±134900.38 Sq. Feet o, off', ±3.10 Acres' 5 00"11'02" W 21.97' w / N /N 89'4722 „W 538.75 N 89'47'22" W 804.25' . a i� 0 O O Z LEGEND `oNNL LAA(D -- Parcel Boundary --- ---- ----~ ~— Deed Ties � � � 15295 • • —�-- Section Line LP `�l� Il OzAt �gTF 0 0 �p S 1/4 Section 35 35 Rr 1P 3/4" Rebar, No Cap Per C.P.&F. #22401524 2 I® P T R A 9880 bucker Dell 02 Annexation Exhibit FrIDChubbuck, ID 83202 blient: Project: r + .di p08-237-7tic TJ Merzlock 24093 wsvw.dioptrageomatics.com Date: 09--17--24 Drawn By: SKW Scale: 1 "=100' ne Rd ment A ,gyK�A CHUBBUCK 290 E LindenAvenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Annexation Request 12260 Hiline Rd Attachment B ANNEXATION APPLICATION Oct. 2022 Form PAGE 1 OF 3 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 2n' 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 at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: A5. Is Applicant the owner of Record? Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B- OWNER INFORMATION (IF.DIFFERENTTHAN PARTAj . 61. Name 82, Mailing Address City State Zip Code 93. Phone Number (including area code) B4. Email Address D3. Current/Existing Land Use(s) and Structure(s) D4. Proposed Land Use(s), if known; 290 E Linden Avenue .Z N Chubbuck, ID 83202 CHUBDUC 208 w3ww C3t0yofChubbuck..us 409 I N I R I 1N1 Annexation Request 12260 Hiline Rd Attachment B ANNEXATION APPLICATION Oct. 2022 Form PAGE 2 OF 3 SECTION E -SUBMITTAL REQUIREMENTS E1. Application Fees: $165 ($700 total - $535 zone change application) 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 annexation request E4. Stamped Legal Description: May be required to include adjacent right-of-way. Please consult with Staff before submitting. E5. Annexation Exhibit Map: Please submit an 21x17" stamped and signed exhibit map outlining the area being annexed. This map will be sent to the State Tax Commission immediately following the annexation approval. E6. Completed Annexation Consent Form signed by each property owner of record. E7. Explain how the annexation is in the best interest of the City. For example, when evaluating annexation requests, the City will evaluate such items like whether property taxes revenues will exceed long term costs associated with maintenance and serves, whether costs of bringing the property's infrastructure to city standards compared with anticipated tax revenues, or whether there are public health concerns. See following page. 9116124, 1:08 PM Gmail -Application for Annexation/City of Chubbuck Annexation Request 12260 Hiline Rd al TJ merzlock <soldb Y 1 t'34 @9maljttcaQm>ent B Application for Annexation/City of Chubbuck 1 message TJ merzlock <soldbytj34@gmall.com> To: TJ merzlock <soldbytj34@gmal l.com> Explanation for question E-7 on Annexation application: Mon, Sep 16, 2024 at 12:52 PM To whom it may concern: Please be advised that owner of this subject parcel of ground, that has been applied for annexation knows of absolutely no adverse effects that would be connected with this parcel of ground. This parcel of ground should have very minimal effects, if any, associated with city maintenance and city services, or costs for property developmen,t by the City of Chubbuck.. Since this property will be divided into (2) two small acreage type building lots for new construction of single family homes after annexation, the hook up fees for water and sewer will bring into the city's coffiers approx. $24.000-$30,000. on the front end. Everything associated with this application is on the up and up and hopefully the City of Chubbuck will move ahead in allowing this parcel of ground to be annexed. Very Truly Yours, TJ Merzlock https://mall.google.com/mall/u101?ik= 4bdeb16e87&view=pt&search=all&permthid =thread-a:r-886731152741236739&slmpl=msg-a:r-234587447731841... 111 lao_-f'�' CHUBBUCK I fl 290 E LlndenAve. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Annexation Request 12260 Hiline Rd Attachment B ANNEXATION APPLICATION Oct. 2022 Form PAGE 3 OF 3 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. • 1 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 1 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. Fl. Signature F2. Printed Name F3. Date /1JnFzLGe-1 4 42 e7-10 zo z STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by:'� j� Dai_', y I ��/2 Deemed complete? 11 Yes No If no, list concern(s): 0.W1Zd0r'4 / f fir✓ Applicant Noti e ? [ayes ❑No Comments: All files received - 2 SCHEDULED FOR LUDC: scheduled Meeting Date: Applicant Contacted? October 16, 2024 191 Yes F-1 No Annexation Request 12260 Hiline Rd Attachment B AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) :Ss County of Bannock ) Name Address oG ?- e� �4f1't2 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 conditional Use Permit or CUP Amendment Variance Comprehensive Plan Map Amendment Annexation & Initial Zoning Request Id Planned Unit Development Designation or Amendment Oreliminary Plat h Creative Community Designation or Amendment Final Plat 4 ---Title Map Amendment (Rezone) to I 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 IXC day of ��� d20 Signa re I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this 1Y day of , 20, personally appeared before me 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, (seal) NOTARY PUBLIC - TATE OF IDAH TASHA DAILEY 4 q Notary Public - State of Idaho Res ding at: t Q�1(b Commission Number 58579 Commission Expires: �( . [my commission Expires Oct 3, 2028 �j Annexation Request 12260 Hiline Rd Attachment B=1�1`�1Ei i ° aPioneeffl leGo. GOING B EY O NO 135 N. Arthur Ave. / Pocatello, Idaho 83204 " ICI . E:CgRp B ## Q3G RECORDED AT REOU T Of (208) 2334595 BANNON COUNTYl 0 I410 FLE..L5-L-0EPUTY Tpis.instrument filed for n wfd by Pioneer Title Co. as an accommodation only. N has not been examined as to it$ exedMon or as to Its effect upon the r)L_1 e2 1 tri 1 .20 -LD - 2 10 1 01 D For Value Received 2101 1b5 QUITCLAIM DEED Terrence Joseph Merzlock, a married man 2010 OCT 1,2 P 2: 3 3 do hereby convey, release, remise and forever quit claim unto Terrence J. Merzlock and Olivia G. Merzlock as trustees of Terrence J. and Olivia G. Merzlock Family Trust created on March 24, 2004 whose address is 12260 N Hiline Rd., Pocatello, ID, 83202 the following described premises, to -wit: SEE EXHiiBIT A ATTACHED HERETO AND MADE A PART HEREOF. together with their appurtenances. Dated: September 23, 2010 STATE OF IDAHO ) ss. COUNTY OF BANNOCK ) On this day of September, in the year of 2010, before me Stephanie Crowder, notary public personally appeared Terrence Joseph Merzlock known or identified to me to be the person/persons whose name is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. SIEPHANlf NoAAI r 0 Stephanie Crowher 00 ' G Notary Public of Idaho Jql �L I C Residing at Inkom Id �F Commission expires: April 25, 2012 �FlDANO Annexation Request 12260 Hiline Rd Attachment B �:1�1`716J Exhibit A A tract of land located in the N1/2 SWI/4 of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described at Instrument No. 631503 and further described as follows: Beginning at a point in the latitudinal centerline of said Section that is South 27°51'30 East 3002.70 feet from the Northwest corner of said Section; thence West along the latitudinal centerline of said Section a distance of 334 feet, more or less, to the centerline of the Hiline Canal; thence South along said centerline for a distance of 1296 feet to the point of its intersection with a bridge across the Hiline Canal; thence Northeasterly a distance of 655 feet, more or less, along a line that is 10 feet Easterly of the centerline of the existing service road to a point of intersection with a water hydrant head, the true point of beginning; the true point of beginning bears North 29'l 6'West (based on a solar observation 1954.0 feet from an iron pin found in place marking the South 1/4 corner of Section 35, Township 5 South, Range 34 East, Boise Meridian, and North 50°39' East (based on a solar observation) 649.7 feet from the center of the said bridge across the Hiline Canal; thence in an Easterly direction a distance of 35 feet, more or less, on a line parallel to the latitudinal centerline of said section; thence South a distance of 150 feet, more or less; thence West a distance of 180 feet, more or less, along a line parallel to the latitudinal centerline of said Section to the point of its intersection with the said roadway line running 10 feet Easterly and parallel to the centerline of said service road; thence in a Northeasterly direction along said roadway line a distance of 210 feet, more or less, to the true point of beginning. Together with a road right-of-way for ingress and egress from the county road to the above described parcel of land. rIA • it J(}l 1 jyl Jld lvi 7�s 1[yt IQf 1(1[ lei 144 1Q 1�j[ Itj� .0 lot IQ� 1;�Vt}E 1r3t Jdl�jli 7�C]j}l7{�i j�A�d��u�7G� X44 s1b� �ll:,ru 10! 1C,<!Oi VjU11 CLAIM DEED Annexation Request FOR VA1_UF. RI--CI_[VEI) :s A. WFNDY SOREUNF.N S tlu Ile] Cloy CuuVey, rclelse, reuli5e 11141 [nrevc! quit taai11) :y TFRRFNCE J. 11IFRY.Lf10E AND OLIVIA MFR%LOCK, HUSBAND AND WIFE i$ :? ulluse adthcss is 1,260 N. EIUME ROAD, POCATELLO, IDAIIO 83202 d;c fullowing dcsrri6cd pn•miscs, Iu-u it: (y SEI: ATTACHED EXHIBIT A AND $ f- .I i3 i5 :S t c� } I„ Ket ICE +sigh Iltrit 11o1,nIlc11,131tcs, forcd)cf cilli .cry .111v ac[uitcd 1111c. •1 ,L.l,-.I 7 - [ !� A. WFNlIY NURENser; %j t� ti :\,"ttiiapl':i.l:[IliAll:lJ'r Lulrcnlu:rl STA'1'F: OF [1h%fiU, COUNTY UI 12260 Hiline Rd Attachment B I !? I FAM)EtA'iSOt:}; 11,e[Oly- certify 0111% this [11stfwnent was filed fnr record ' 1.1 I l< UI. I'ouutc of at the request of It thus irl :> 1h.•rr.,,nf ln•fort-me HOSISSlIMF %SER. - - iiQ: NOTARY- �� - kn,,,,•r, I or 1,I,;yhGJ:ilanwLy�ctlup['s n__,vl,n�cu:uur�_�_5_ : s•;i,, re,?•+ii���q ;i�i,rin. ,u„rne. ar,rl �r-ku.,,Ytr•dl; ,[ [r, -CATEL1.0, IDA_110_-- �TT --nu I ,I,: -PLAY 25, _2U1JU-- minutes past o'clock rn-, %[lis d11y of 19 , in Illy OMCC, and duly recorded in hook of IIceds at page Fees f 6tnil to - Ex-Ofrio Recorder Pioneer Ti fie, Campluly of Ball}lock Colulty 1'aralcll'I, Ithho - 208-233•9395 ' ; .�,. ;f': ;.': ,^, ','1i �I:i i0i '141 � ?i �'i iGi t;li i11t �4r iVr i7i i?i iftt �Q� i0i i')i iRi �Vt i4i iQt i7i.i�t iVi i4t iQi•ir]t i4iiQii?i iQi 1?f iii i9ti4i int )eputy. Annexation Request „ ,.� 5 12260 Hiline Rd n 3 6 O 3Attachment B EXHIBIT A A parcel of land located in Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the Southwest corner of Section 35 being marked as described in Record No. 683256; thence North 0002'35" East along the West line of Section 35, toward the Northwest corner as described in Record No. 90014566, a distance of 2647.72 feet to the West 1/4 corner of Section 35; thence North 89059/3711 East along the latitudinal centerline of Section 35 toward the East 1/4 corner as described in No. 735416, a distance of 1594 feet to the true point of beginning; thence continuing North 89059137" East, a distance of 353.14 feet; thence South 0028'36" West, a distance of 13.22 feet to an existing East-West fence line, being marked by a 1/2 -inch iron rod; thence continuing South 0048,156" West, along an existing fence line, a distance of 479.07 feet to a Railroad Tire fence post; thence South 8504815611 West, partly following an existing fence line, a distance of 201.97 feet to a 1/2 inch Iron rod; thence South 14050116" West, a distanca of 341.59 feet to a 1/2 inch Iron rod in the middle of an access road; thence North 69040137" West, a distance of 170.62 feet to a 1/2 inch Iron rod; thence North 000 East, a distance of 326.56 feet to the Purrington property line and a 1/2 inch Iron rod; thence following the Purrington property line North 21003' East, a distance of 138.80 feet to a 1/2 inch Iron rod; thence continuing to follow the Purrington property line North 900 East, a distance of 50 feet; thence continuing to follow the Purrington property line North 000 East, a distance of 310 feet to an existing fence and a 1/2 inch Iron rod; thence continuing North 000 East, a distance of 12 feet, to the point of beginning. i; 0 98003050 RECO�ION&A TITL£OUEST OF '98 FEB 2`1 PM 1 01 OFFICIAL 11ECORD BOOK 110-h25 C-00TY IDA110 LAIM'4' '.1 CIIAH RECORDEfj FEE c6_0 DEPUTY �[� Annexation Request '?_ J 12260 Hiline Rd -� Attachment B EXHIBIT A B A tract of land located in the N1/2 of the SWI/4 of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, (which encloses and exceeds Instrument No. 631503 ur 740578), described as follows: Commencing at the South 1/4 corner of Section 35; thence North 0004100" West (basis of bearing being the Easterly right-of-way of I-15), a distance of 1325.39 feet, more or less, to the South 1/16 corner of Section 35; thence North 89058124" West, along the South 1/16 line a distance of 778.25 feet, to the true point of beginning; thence continuing North 89058124" West, along the South 1/16th line a distance of 564.75 feet, to the easterly edge of a private road used for access to this and other parcels of land; thence North 000 West, a distance of 21.97 feet; thence North 45030' East, following the Southeasterly edge of said road and an existing fence line, a distance of 472.15 feet, to a point on the edge of a driveway of an existing house; thence North 53049156" East, to a point following an access fence line, a distance of 133.45 feet; thence South 64048153" East, a distance of 173.08 feet, more or less, to a property line described in Instrument No. 664614; thence South 5047146" West, along said property line, a distance of 360.12 feet, more or less, to the point of beginning. EXCEPTING THEREFROM: (Parcel between fence line and Deed lines, portion of Tax #60 deeded to Kenneth A. Satterfield and Ruth B. Satterfield, under Instrument No. 93019465) A tract of land located in the N1/2 SWI/4 of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, being the Easterly portion of Deed 192010402, described as follows: Commencing at the South 1/4 corner of Section 35, the location being marked as described in recording No. 735422; thence North 0004'00" West (basis of bearing being the Easterly right-of-way of I-15), along the Meridional center line toward the North 1/4 corner as described in recording #806653, a distance of 1325.39 feet, more or less, to the South 1/16 corner of Section 35; thence North 89058124" West, along the south 1/16 line a distance of 778.25 feet to the point of beginning, being the Southeast corner of Deed 192010402 and a corner of Deed #664614; thence continuing North 89058124" West, along the South 1/16 line, a distance of 26 feet to an existing fence line running to the Northeast and a 1/2 inch Iron rod; thence North 6058115" East, following the existing line to the northeast, a distance of 369.17 feet to the North line of Deed #92010402, and a 1/2 inch Iron rod; thenca South 64048152" East, along the north line of Deed #92010402, a distance of 19.37 feet, to the west property line as described in Instrument No. 664614; thence South 5047146" West, along said property line, a distance of 360.05 feet, more or less, to the point of beginning. Annexation Request 12260 Hiline Rd Attachment B 2040 860 26�i�1�3.6fl -Rnzmwc�- rEEC0fli1 l ai M F !iA�:��ST OF FEE___ 0! E'i i 7 For Value received: MR 29 M, 1-1 FIt Terrence J. Merzlock 0 FF I C I it I.. i; w r� D B ( 346 1 R :Y v:' nw r r7,r-CORD R Hereinafter called the Grantor, herby grants, bargains, sells and conveys unto r a. Terrence J. Merzlock and Olivia G. Merz�t�ock as t stee of Terrence J. and Olivia G. Merzlock Family Trust created on 1'ea v3Y _,Herinafter called the Grantee the following premises situated in Bannock County, Idaho, to -wit: TR N2NW4 TAX 513.14 AC TR NE4NW4 TAX 67 0.38 AC S35-T5S-R34E TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the successors heirs and assigns of the Grantee forever. The Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that they are free from all incumberances except as above described and that Grantor will warrant and defend the same from all lawful claims whatsoever. STATE OF Idaho ) ss. COUNTY OF Bannock ) On this day of 2 '-/ A&*dA before me the undersigned, a Notary Public in and for said State, Terrence J. Merzlock and Olivia G. Merzlock , known to me for proved to me on the basis of satisfactory evidence] to be the person[s] whose name is/are subscribed to the within instrument and acknowledge to me that he/she/they, executed the same in his/her/their signatures] on the instrument the person[s], or the entity upon behalf of which the person[s] acted, executed the instrument. WITNESS my d official seal [Seal] Y TE Of: [Signature of notary] [Typed name below] % Notary Public /L c ,y /�►( i %C���S �'� /U / ca", r sS vr1 EV "/25.' ( `/b 2-r Annexation Request 12260 Hiline Rd DIOPTRAttachment B TJ Merzlock Annexation Description Part of Section 35, Township 5 South, Range 34 East Boise Meridian, Bannock County, Idaho, more particularly described as; Commencing at the South Quarter corner of Section 35, Township 5 South, Range 34 East and running thence N 00°07'02" E 1325.39 feet along the Meridional centerline of said Section 35 to the South 1/16th corner, thence N 89°47'22" W 804.25 feet along the south 1/6t" line to the Southeast corner of a parcel described in Deed Instr. #9 80 03 05 0 said point being the True Point of Beginning; Thence continuing N 89°47'22" W 538.75 feet along the south line of said parcel, Thence N 00°11'02" E 21.97 feet along said parcel, Thence N 45°41'02" E 305.61 feet along the westerly line of said parcel to the southwest corner of the parcel described in Deed Instr. 421017165, Thence S 89°12'40" E 195.28 feet along the south line of said parcel to the southeast corner of said parcel, Thence N 00°26'01" E 149.89 feet along the east line of said parcel to the northeast corner of said parcel, Thence N 89°22'47" W 35.00 feet along the north line of said parcel to the westerly line of a parcel described in Deed Instr. #98003050, Thence N 54°20'01" E 80.92 feet to the north line of said parcel, Thence S 64°37'51" E 15 3.6 8 feet to a point on the west line of a parcel described in Deed Instr. #22300813, Thence S 07'09'17" W 369.24 feet along said west line to the Point of Beginning. Parcel contains ±3.10 acres SKW / RTB September 16, 2024 Z; `projects12024 Projects 424093-Merzlock LegaffegaIA4nnexation Description. doex 4880 Clover Dell Chubbuck, Idaho 83202 208-237-7373 Annexation Request MERZL 0 ANNEX4 TI®` , 12Att Hiline Rd N Attachment B C 1/4 Section 35 LOCATEO IN SW 1/4 SECTION 35, 5/8" Rebar with 2" TOWNSHIP 5 SOUTH, RANGE 34 EAST OF THE Aluminum cap BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. Per C.P.&F.20616613 0 100 200 ^aQ�/ r� / S 00'11'02" W 21.97' ;i N 54'20'01" F 80.92' N 89'22'47" W 0) 35.00' a; 89' 12'40' E 195. Sq. � 89-47'22" „W 538. LEGEND -- Parcel Boundary Deed Ties Section Line NPL LAA( 152�z_,f5 `� LP J>1 F a� 0�P�o Y. rnf - o h� 0 1 � a LO • N N 89'4'22" 1� � 804.25' a i� 0 O O Z u; N S 1/4 Section 35 35 3/4" Rebar, No Cap Per C.P.&F. #22401524 2 I® P T R A 9880 bucker Dell 02 Annexation Exhibit gip( Chubbuck, ID 83202 blient: Project: r `+ Ph.208-237-7373 TJ Merzlock 24093 www.dioplmgoomatics.com Date: 09--17--24 JDrawn By: SKW Scale: 1 "=100' 4 290E Linden Avenue Chubbuck,ID 83202 CHUBBUCK Z08.237.Z430 —Fax 2D8.237.2409 www.CityofChubbuck.us 1 n a H o CONSENT TO ANNEXATION Annexation Request 12260 Hiline Rd Attachment B ANNEXATION CONSENT FORM Oct. 2022 Form PAGE l OF 1 The parties whose name(s) appear below, hereafter "Owner", covenant and warrant that they are the owner(s) of the property to which this document applies and as described below, and that they are fully authorized to execute this document and forever bind themselves, their successors and assigns, and the subject property to the terms set forth herein. "City" refers to the City of Chubbuck, Idaho. The terms herein are a covenant running with the land as a burden on the subject premises, commonly known as and legally described as follows: 535 = 7�S R3Y2_-7 7,e l/E, IIAWY 7A_ X 4szz r. ��' q C. This covenant shall pertain to the subject premises and shall deal only with the issue of future annexation of the subject premises into the City in compliance with Idaho Code 50-222(4)(a). The Owner or Owner's authorized agent covenants, warrants, and agrees that he/she consents to annexation into the City, which includes the above-described property. This consent will be binding upon owner and subsequent purchasers, heirs, or assigns. The Owner or Owner's authorized agent has had an opportunity to consult with legal counsel and signs this document without reservation or condition. No provision shall be construed in favor or against any person or entity. DATED this day of 20� Owner STATE OF IDAHO ss County of Bannock WI the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this �� day of �t Y' �' 20 � , personally appeared before me �JVr �7 known to me to be the person described in and who executed the within instrument, and acknowledged tome that lam_ executed the same. Given under my hand and official seal the day and last year above written, 11 /1111V V.., v (seal) TASHA DAILEY NOTAPUBLIC - SJA, E OF I AHO Notary Public - State of Idaho Resid' g at: _ VAI Call � ���GI / Commission Number 68579f My Commission Expires Oct 3, 202a Commission Expires:,k CITY OF CHUBBUCK Distribution Customer Number Annexation Request 12260 Hiline Rd 9Page: 4 Page: 1 Attachment B Amount ANNEXATION/ 10-36-56000 1 I AN N EXATION/10-36-56000 1 165.001 I INITIAL ZONE OR TITLE AMENDMEN I I INITIAL ZONE OR TITLE AMENDMEN 1 578.501 SIGN PERMIT/10-36-11000 SIGN PERMIT/10-36-11000 Payment Type GL Account I Check Number Amount Credit Cards 011111000 209573729 843.50 Annexation Request 12260 Hiline Rd Attachment C COMPREHENSIVE PLAN FUTURE LAND USE MAP Annexation Request 12260 Hiline Rd Attachment D COMPREHENSIVE PLAN POLICIES RELEVANT TO THE PROPOSA_ Other codes and policies may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY a. Coordinate with Bannock County to strongly protect prime agricultural lands COMMENT The property is currently pasture and is within an enclave. POLICY b. Make careful assessment of the costs and benefits of annexation COMMENT The property is within an enclave, most city services have already been extended to the surrounding area. POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The site is within the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use STRATEGY a. Guide the location of development through use of the USB and utility phasing COMMENT The site is within the Urban Service Boundary and most city services have already been extended to the surrounding area. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site lies within the USB. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The property is proposing annexation and water/sewer mains are approximately 250' west of the property in Hiline Rd. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The annexation application precedes extension of services by the future builder. Aim 290 E Linden Ave Chubbuck, ID 83202 (�K Phone: 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A A a Annexation Request 12260 Hiline Rd Attachment D COMPREHENSIVE PLAN POLICIES RELEVANT TO THE PROPOSAL (COIv I.) OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY a. Require all new development to be annexed and connected to the City collection and treatment system. Development on the property will be required to connect to city sewer. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is within the USB and is proposed to be annexed. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT The property is proposing annexation and water/sewer mains are approximately 250' west of the property in Hiline Rd. Aim 290 E Linden Ave Chubbuck, ID 83202 (�K Phone: 208.237.2430 CHUBBUCK www•CityofChubbuck.us 1 0 A A A City Limits and USB i� Within city limits and within USB Outside city limits but within USB Outside city limits and outside USB M IL- ,_ � . JOE 16om CITY BOUNDARY AND URBAN SERVICES BOUNDARY MAP F- ER New Day Parkway Subject Property Annexation Request 12260 Hiline Rd Attachment E Community Services Department Planning Services Division 290 E Linden Ave, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Memo To: Honorable Mayor and Chubbuck City Council From: Don Matson, Planning Services Manager Date: October 10, 2024 Re: Annexation of 12260 Hiline Rd – EMS Access In regard to the proposed annexation of property at 12260 Hiline Rd, Chief Miller would like clarification that the access bridge over the Hiline Canal can support Fire Department Vehicles. Staff recommends delaying a vote on the annexation and initial zoning until the applicant can hire an engineer to study the bridge and provide confirmation of its strength. The current pumper truck has a weight of 50,000 lbs. and the new ladder truck will be 80,000 lbs. cc: Terrence Merzlock Merlin Miller Attachment