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HomeMy WebLinkAboutItem #4 Casa Del Tree Valley Preliminary Plat/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 Counci From: Development Services Staff Date: October 9, 2024 Re: Preliminary Plat — Casa Del Tree Valley Subdivision Applicant: Roy Flores 2377 Legacy Drive Pocatello, ID 83201 Professional Services: Avya nt 161 Jefferson Ave. Pocatello, ID 83201 Application: Casa Del Tree Valley Subdivision, approximately 4.46 acres with 5 single family residential building lots. Located in Section 2, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Tree Valley Road north of Garden Drive. Generally located at 5110 Tree Valley Road. Existing Zoning: Agriculture (A) Existing Land Use: Single Family Residential /Vacant Staff Report: The preliminary plat for Casa Del Tree Valley Subdivision is compliant with the City Code Titles 16, 17, and 18 and the City's Comprehensive Plan. Specifically: 17.12.080.C: The preliminary plat application was determined complete and comments were addressed by the applicant. 17.12.080.F: Representatives from City departments, other affected agencies, and public utilities reviewed the plat and provided comments. 17.12.100.8: The plat was reviewed for compliance with provisions as outlined in City Code. The Land Use and Development Commission (LUDC) recommended approval of the plat at its regular meeting on October 8, 2024 after reviewing the criteria of section 17.12.100 of City Code. • 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 final plat along with supporting documents be submitted in accordance with Title 17 of the Chubbuck Municipal Code. o The structure on lot 1, block 1 labeled garage has a loft in the top and will need to meet all of the requirements of Chubbuck Municipal Code Section 18.10 Accessory Dwelling Units prior to recording of the plat, or the structure must be platted on an individual lot. o The owner work with the Chubbuck Public Works Department to develop an acceptable operation and maintenance agreement for the City to maintain the new fire hydrant being stubbed into the subdivision and provide a location for disposal of water being flushed during routine maintenance. Council needs to discuss the lack of road improvements on the west side of Tree Valley Road and the lack of right-of-way dedication and road improvements to the northern property boundary. While staff is supportive of this concept, the proposal does not construct the collector listed in the comprehensive plan and a road only paved on one half on a hill could erode the newly constructed road causing damage to the new improvements. Council may consider collecting cash in lieu for this development's portion of the roadway, or the City needs to find a way to contribute to the construction of the full road. Possible funding mechanisms could include using general fund reserves, using a local improvement district (LID), or using yet to be collected monies from the 1992 TIF Plan closure. See Director's Addendum Following this Packet Attachments: A. Findings of Fact and Conclusions of Law B. Reference Map C. Staff report to LUDC with application, maps, and other exhibits D. Draft minutes from LUDC meeting on October 8, 2024 (minutes not available at time of report) 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 PRELIMINARY PLAT FOR CASA DEL TREE VALLEY SUBDIVISION, APPROXIMATELY 4.46 ACRES LOCATED ON THE EAST SIDE OF TREE VALLEY ROAD NORTH OF GARDEN DRIVE. GENERALLY LOCATED AT 5110 TREE VALLEY ROAD. FACTS REQUEST: The applicant proposes a 5 lot preliminary plat for 5 residential building lots in the Casa Del Tree Valley Subdivision. It includes improving the east half of Tree Valley Road and providing access from Tree Valley Road and extending water and sewer services to each lot. 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). Decisions for preliminary plat shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. OWNER: Roy Flores 2377 Legacy Drive Pocatello, ID 83201 PROFESSIONAL SERVICES: Avyant 161 Jefferson Ave. Pocatello, ID 83201 LOCATION: Section 2, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Tree Valley Road west of Garden Drive. Generally located at 5110 Tree Valley Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Agriculture (A) CURRENT LAND USE: Single Family Residential/Vacant PROJECT SIZE: ±4.46 acres VIEWS: Generally visible from the west TOPOGRAPHY: Sloping to the south EXISTING STRUCTURES: 1 house, 1 garage w/loft, multiple outbuildings SURROUNDING LAND USES AND ZONING NORTH: Agriculture; General Commercial (C-2) zone EAST: Residential; Single Family Residential (R-1) zone SOUTH: Residential; Single Family Residential (R-1) zone WEST: Residential; Single Family Residential (R-1) zone RECENT TRAFFIC COUNTS: 2020: E. Chubbuck Rd at Hiline Rd, 7858/day 2021: Hiline Rd at E. Chubbuck Rd, 4186/day Pre -Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Tree Valley Road. 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: None PROCEDURES: 1. In accordance with City Code 17.12.030-050 and Resolution 2023-09, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2. In accordance with City Code 17.12.100, the application was scheduled to be heard at a Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 17.12.080, notices were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. 4. In accordance with City Code 17.12.100, the application was reviewed on October 8, 2024 by the Land Use and Development Commission and a recommendation of approval was given. 5. In accordance with City Code 17.12.110, the City Council considered the record and recommendation at a City Council meeting. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. 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. CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Pre -Plat Approval Form- FFCL FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval as found in city code section 17.12.100, the City Council finds the following: 1. Conditions of Approval necessary to approve the Preliminary Plat are (if any): a. The final plat along with supporting documents be submitted in accordance with Title 17 of the Chubbuck Municipal Code. b. The structure on lot 1, block 1 labeled garage has a loft in the top and will need to meet all of the requirements of Chubbuck Municipal Code Section 18.10 Accessory Dwelling Units prior to recording of the plat, or the structure must be platted on an individual lot. c. The owner work with the Chubbuck Public Works Department to develop an acceptable operation and maintenance agreement for the City to maintain the new fire hydrant being stubbed into the subdivision and provide a location for disposal of water being flushed during routine maintenance. 2. The subdivision proposal complies with applicable provisions of Title 17. 3. The subdivision proposal complies in principle with all applicable City design standards and development regulations. 4. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 5. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 6. A traffic impact study was either not required or was required and the proposal will not have a significant impact on street network or will provide appropriate mitigations for impacts. 7. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 8. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 9. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements. 194�0t\ CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Pre -Plat Approval Form- FFCL ORDER: CONCLUSION AND DECISION; PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Preliminary 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 is valid for a period of twelve (12) months. In phased developments, the preliminary plat will remain valid as long as final plat submittal does not exceed twelve (12) months from previous final plat approval. Approval of a preliminary plat does not assure final acceptance of any dedications or continuation of any existing land use regulations or engineering standards governing the subject land or other properties in the area. 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 Attachment B: Reference Map Casa Del Tree Valley Subdivision Subject . E.� Property ;. ,.: L y ' Garden Dr - (D C F.� - y .pis' � F � ��'�M1 ;■'� _4 � � {.. ;' CHUBBUCK L A 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us /ao,�C\ CHUBBUCK 1 0 0 H 0 Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CASA DEL TREE VALLEY SUBDIVISION PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 8, 2024 STAFF FINDINGS SUMMARIZED After reviewing the proposed Casa Del Tree Valley Subdivision preliminary plat, Staff finds that it meets the code requirements with the following comments: Preliminary Plat recommendations are conditional upon City Council approval of Casa Del Tree Valley Subdivision. Secondary irrigation facilities will not be required to be designed and constructed in accordance with section 16.12.230 of city code, as parcel does not have Fort Hall Irrigation water rights. STAFF RECOMMENDATION: Staff recommends approval of the preliminary plat with the following conditions or deviations: The final plat along with supporting documents be submitted in accordance with Title 17 of the Chubbuck Municipal Code. The structure on lot 1, block 1 labeled garage has a loft in the top and will need to meet all of the requirements of Chubbuck Municipal Code Section 18.10 Accessory Dwelling Units. The owner work with the Chubbuck Public Works Department to develop an acceptable operation and maintenance agreement for the City to maintain the new fire hydrant being stubbed into the subdivision and provide a location for disposal of water being flushed during routine maintenance. Council needs to discuss the lack of road improvements on the west side of Tree Valley Road and the lack of right-of-way dedication and road improvements to the northern property boundary. While staff is supportive of this concept, the proposal does not construct the collector listed in the comprehensive plan and a road only paved on one half on a hill could erode the newly constructed road causing damage to the new improvements. Council may consider collecting cash in lieu for this development's portion of the roadway, or the City needs to find a way to contribute to the construction of the full road. Possible funding mechanisms could include using general fund reserves, using a local improvement district (LID), or using yet to be collected monies from the 1992 TIF Plan closure. FACTS REQUEST: The applicant proposes a 5 lot Preliminary Plat for 5 residential building lots in the Casa Del Tree Valley Subdivision. It includes improving the east half of Tree Valley Road and providing access from Tree Valley Road and extending water and sewer services to each lot. BACKGROUND: This is the 151 division of the Casa Del Tree Valley Subdivision. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: Roy Flores 2377 Legacy Drive Pocatello, ID 83201 PROFESSIONAL SERVICES: Avyant 161 Jefferson Ave. Pocatello, ID 83201 LOCATION: Section 2, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Tree Valley Road west of Garden Drive. Generally located at 5110 Tree Valley Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Agriculture (A) CURRENT LAND USE: Single Family Residential/Vacant PROJECT SIZE: ±4.46 acres VIEWS: Generally visible from the west TOPOGRAPHY: Sloping to the south EXISTING STRUCTURES: 1 house, 1 garage w/loft, multiple outbuildings SURROUNDING LAND USES AND ZONING NORTH: Agriculture; General Commercial (C-2) zone EAST: Residential; Single Family Residential (R-1) zone SOUTH: Residential; Single Family Residential (R-1) zone WEST: Residential; Single Family Residential (R-1) zone SERVICES: ACCESS STREET: Current access from Tree Valley Road. 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: None PROCEDURES: lao't-\ CHUBBUCK I D A H D RECENT TRAFFIC COUNTS: 2020: E. Chubbuck Rd at Hiline Rd, 7858/day 2021: Hiline Rd at E. Chubbuck Rd, 4186/day 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 1. In accordance with City Code 17.12.030-050 and Resolution 2023-09, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the October 8, 2024 Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. /944'C-\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: x Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. Concerns have been addressed by the applicant. x Department Fire Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. Concerns have been addressed by the applicant. x Department Police Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. No comments received. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.150 Form of Presentation Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data Staff Applicant has provided all information required of this section. Comments x 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. x 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. x 17.12.190 Proposed Utility Methods Staff Water and sewer will be stubbed into the development, Comments applicant has provided service locations shown on the preliminary plat. 1940't-\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CITY CODE TITLE 18- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments 18.08.042A Height and area Regulations x Staff This is proposed in the R-1 zone and is limited to 35 ft high and Comments 7000 sf minimum lot size. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the R-1 zone, maximum ratio is 1:2 Comments PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer Sewer mainlines with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way will be dedicated and the east half of the street will be constructed per 16.12.020C and in accordance with the comprehensive plan. Storm water from the street will be retained in a stormwater retention pond, Storm Drainage while storm water from the lots will be required to be retained on site. Pressurized Secondary Secondary irrigation facilities will not be designed and constructed in accordance with section 16.12.230 of city code. Parcel does not have Fort Hall Irrigation Irrigation water rights. Parks Park impact fees will be required for this development. Agency BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service /94�4c\ CHUBBUCK I D A H D OTHER AGENCY COMMENTS AND REQUIREMENTS No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. Comment 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Sean Harris, Development Services Manager sharris@cityofchubbuck.us (208) 237-2430 DATE: October 1, 2024 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use /94�4c\ CHUBBUCK I D A H D Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff /944,C-\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Exhibit 1: Reference Map - Casa Del Tree Valley Subdivision a' w 111 s. �A db1 SLIbjeCt Property CHUBBUCK T.''... 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 — 1712.190 of municipal code. The following must be completed and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name A2. Mailing Address City State Zip Code A3. Phone Number (including area code) A4. Email Address SECTION B — PROFESSIONAL SERVICES INFORMATION B1. Firm Name B2. Mailing Address City State Zip Code B3. Point of Contact (Name) B4. Email Address SECTION C —SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) C3. Current Land Use C4. Are there existing structures on-site? ❑ Yes ❑ No C5. Is the site under contract or in the name of the developer/applicant? ❑ Yes ❑ No C6. Approximate size of property C7. Are there any existing items of which Staff should be aware? ❑ Yes ❑ No If yes: C8. Does the site contain irrigation water rights? ❑ Yes ❑ No If yes, which company/district: CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 2 OF 5 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ❑ No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? ❑ Yes ❑ No If yes, what? Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ❑ No If yes, what zone?: D7. If yes, how do you intend to minimize flood damage to structures, and public utilities and facilities such as sewer, gas, water, and electrical systems?? If yes and the proposal contains more than 50 lots or more than 5 acres, whichever is lesser, and there no base flood elevations established for the floodplain, you must submit base flood elevation data with the application package. Only for plat containing residential units: The City has adopted Parks Impact Fees with requirements that parks impact fees are due when building permits for residential units are issued. There may be times when the developer proposes to dedicate land and/or construct park improvements to satisfy the parks impact fee funding obligation in whole or in part. Which is anticipated with this development? D6. ❑ No public parks/park land are proposed with this phase, or any public parks/park land will benefit only this development, parks impact fees will be collected ❑ Public parks/park land are proposed that will benefit more than just this development, parks impact fees may be adjusted only by agreement between the city and the developer prior to construction, fund, or contribution based on the present value of system improvements and land in accordance with Chapter 17.28 of municipal code. SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots X $20.00 + $550.00 base fee = $ total Public Notice Sign Deposit (full or partial refund at Director's discretion) = $ 100.00 ❑ Traffic Impact Analysis Report Review fee (if required) = $ 500.00 $ total due E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. A master plan must be submitted with each preliminary plat filed. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly owned improvements and/or land, if the development will contain any commonly owned improvements and/or land. For purposes of this requirement, commonly owned improvements include stormwater facilities, cluster mailboxes, private open space/parks/amenities, etc. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 3 OF 5 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. E5. If the development contains area with any FEMA or City of Chubbuck designated floodplains, the following must be submitted: 1. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, base flood elevations shall be determined prior to filing an application for a preliminary plat and said determinations must be submitted with the application package. 2. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, evidence must be submitted demonstrating that a CLOW application has been filed with FEMA. E6. Traffic Impact Analysis — Category A, Category B, or Statement. Follow the Traffic Impact Analysis Guidelines as adopted from Bannock Transportation Planning Organization. E7. Because every application is different, rules and regulations may differ and staff may require additional information or submittals before an application can be deemed complete and ready for the review process beyond staff level. 290 E. Linden Avenue Chubbuck, ID 83202 lao�t-\ 208.237.2430 CHUBBUCK www.CityofChubbuck.us 10AH0 PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 4 OF 5 E8. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Reviewers Initials Preparer's Initials Description 17.12.150 —17.12.160 Presentation & Descriptive Data • Drawing Size (11"x22" minimum through 22"x34" maximum) • Proposed Name • Location of Development by Section, Township, Range • Reference to Section or Quarter Corner (dist. & Bear.) • Name, Address, Phone Number of Developer • Name, Address, Phone Number of Engineer/Surveyor • North Arrow • Date of Preparation (Including Revisions) • Vicinity Map 17.12.170 Existing Conditions • Existing Contours @ adequate Interval • Existing Features • Existing Utilities • Existing R -O -W, easements, public areas, corporation lines • Instrument # for parcels with common boundaries • Existing & proposed zoning • Total acreage • Boundary dimensions 17.12.180 Proposed Conditions • Street layout (including width) • Street names • Connections to existing streets • Lot dimensions • Lot numbers • Total number of lots • Location, width, and use of easements • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods • Proposed sewage disposal • Proposed water supply • Proposed storm water disposal • Proposed secondary pressurized irrigation (if the site has irrigation rights) 15.54 (adopted 6/3/20) Floodplain requirements (N/A if there is no floodplain in the development) 0 Floodplain boundaries, type, and BFEs 290 E. Linden Avenue Chubbuck, ID 83202 PRELIMINARY PLAT /l LLL//7L�x 208.237.2430 --' CHUBBUCK wWW'CityofChubbuck.us APPLICATION Oct. 2022 Form- Replaces Prior Versions I O A A 0 PAGE 5 OF 5 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 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat 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. • 1 certify that I am authorized to file this application. F1. SignatureF2. Printed Name F3. Date SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: BART GENTA T NO. 21717223 ALEXANDER A SHORT INST. NO. 21806857 -` nit°'" o0 ouz/256.42 oLI/7— ou— / I I i I LOT 4 M/ 36,954 S.F. / 0.85 AC. rte/ ^^ / 259.91' N /M � W / cn __ J Ll1 /0 0 r �n I I I LOT 3 / 37,338 S.F. 0 M m Lu 0 00 a, Ln 1.1 W a's IN MUM I.. Wi. LILLIAN L. THOMAS INST NO. 20815317 WEST 1/16 CORNER OF SECTION 2 FOUND 5/8"ALUMIMUM CAP 2341 SEE CORNER PERPETUATION INST. NO. 21914717 FA N 0059'51 " W 469.50' 33.0' 24.0' 2.0% SLOPE STANDARD CITY ROAD SECTION 3" -ASPHALT PAVEMENT 3" - 3/4" MINUS AGGREGATE 10" - 2" MINUS BASE W/ SEPARATION FABRIC UNDERNEATH BRYANT WOLFE INST NO. 21919360 ARTHUR CRAIG QUICK INST. NO. 22309461 JESSICA L USK INST. NO. 21617941 S_ 0058'40" E 591.31', X �X 0 O�p--O / O U 334.89' u. 011- 0 O11- 0 U 0 Ol�— x x f I00 00 I / x L0 �� \ I I I I 1 o 1 d' LOT l N 0 / I 46,220 S F. REMOVE F NCE 1.06 AC W / x / I �I x o 1 J 1\C:) 9.0' SWALE 12" RIBBON CURB TYPICAL CROSS SECTION DETAIL (NOT TO SCALE) NICKELAS JENSEN INST. NO. 21802419 00 A 06N / CHICKENCOOP I � /+� N Lf1 00 00 EXISTING UTILIT LINES / z (LOCATION UNVNOWN) I �M� �M� I / CHAD CARR l X INST. NO. 21800361 Lo Ki x V STORM I o r WATER I I T L'rL'nm VICINITY MAP NEW DAY PARKWA CHUBBU u INTERSTATE 86 LINE TABLE — DIRECTION SECTION LINE — S 89000'09" W 10.96' PROPOSED BOUNDARY LINE EXISTING ZONING: AGRICULTURAL (A) o 2. PROPOSED PROPERTY LINE I 3. LOT SIZE DATA: — a REQUIRED MINIMUM: 7,000 S.F. PROPOSED EASEMENT LINE PROPOSED MINIMUM: 20,720 S.F. Iz 4. EXISTING PROPERTY LINE IZD 4.46 ACRES w I2 — EXISTING CENTER LINE — GAS, POWER, CABLE TV ETC. TO BE PROVIDED — — — — — — — — — 6. — — — — — — — — — EXISTING EDGE OF GRAVEL —X —X —X —X EAST HALF OF TREE VALLEY ROAD SHALL BE DEDICATED TO —X —X —X EXISTING FENCE LINE —X _SS—) ¢ z EXISTING SEWER LINE —SS—) O O EXISTING / PROPOSED SEWER MANHOLE EXISTING WATER LINE Nay j N�N�N� B o o • EXISTING / PROPOSED FIRE HYDRANT, WATER VALVE $vg ® EXISTING / PROPOSED WATER METER, WATER SERVICE pu 0u 0u 01j— EXISTING OVERHEAD POWER LINE rY EXISTING POWER POLE W � PROPOSED SEWER SERVICE LINE rx PROPOSED SEWER LINE ss PROPOSED SEWER MANHOLE PROPOSED FIRE LINE m , PROPOSED WATER SERVICE LINE m PROPOSED STORM LINE e PROPOSED CATCH BASIN PROPOSED CURB & GUTTER PROPOSED SIDEWALK VICINITY MAP NEW DAY PARKWA CHUBBU u INTERSTATE 86 LINE TABLE NUMBER DIRECTION DISTANCE L1 S 89000'09" W 10.96' 15.0' m ~ z ¢ z NOTES W � 8 ¢ 1. EXISTING ZONING: AGRICULTURAL (A) o 2. PROPOSED ZONING: RESIDENTIAL (R-1) I 3. LOT SIZE DATA: a a REQUIRED MINIMUM: 7,000 S.F. Orx PROPOSED MINIMUM: 20,720 S.F. Iz 4. SUBDIVISION STATS: IZD 4.46 ACRES w I2 5 RESIDENTIAL LOTS ' 5. GAS, POWER, CABLE TV ETC. TO BE PROVIDED is 6. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 7. EAST HALF OF TREE VALLEY ROAD SHALL BE DEDICATED TO 2.0%FLAT '''1 Gv� THE CITY OF CHUBBUCK I ¢ z 4" THICK CONCRETE SIDEWALK DEVELOPER INFORMATION ROY FLORES 2377 LEGACY DRIVE POCATELLO, ID 83201 208-339-2939 Royfloresaps@yahoo.com CASA DEL TREE VALLEY SUBDIVISION OJECT LOCATED IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO 4^ W O J O cc m ~ z ¢ z z ¢ w W � 8 ¢ a V o a o (~ o z J CD w ¢ ¢ � = = vwi z a a wCo Orx W o � o o w CD w z v w d � w CD ED,w (D o ¢ z O _ o o W � rx r m , m w � z 4^ W O J O cc Q J IZ nC Q z J W DC f1 ENS � z w OF IFQ PAUL15 HALF SIZE SCALE (12"x18') 1 INCH = 60 FEET 0 30 60 0 30 60 1 INCH = 30 FEET FULL SIZE SCALE (24"x36') z p ~ z ¢ ~Q z ¢ w W � 8 ¢ p w a V o a E3 a w a (~ o z J CD w ¢ ¢ � = = vwi z a a wCo CD s W o � o o w CD w z w CD ED,w (D o ¢ z _ o o Q J IZ nC Q z J W DC f1 ENS � z w OF IFQ PAUL15 HALF SIZE SCALE (12"x18') 1 INCH = 60 FEET 0 30 60 0 30 60 1 INCH = 30 FEET FULL SIZE SCALE (24"x36') Casa Del Tree Valley Subdivision - Preliminary Plat Narrative 1. The subdivision proposal complies with the applicable provisions of this title. The current project as proposed meets the applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable City design standards and development regulations. All lot sizes, rights -of way, roadways, utilities etc. have been designed to comply with the city standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. The current project is anticipated to be located within a Residential (R-1) zone within the city and will follow all the parameters, guidelines and development standards that the (R-1) zone requires. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. The current layout of the project allows for continuation of public facilities to the north of Garden Drive. There are no areas within this develop that prevent or control access to adjacent lands. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A Proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. The proposed project will only consist of 5 households. Per the Trip Generation and Distribution section of the BPTO Traffic Analysis Guidelines, there are 12 trips per single family household per day (5 x 12 = 60), 1 peak hour AM trip per day (5 x 1 = 5) and 1 peak hour PM trip per day (5 x 1 = 5), the 60 total trips per day and 10 total peak hour trips per day will not generate enough peak hour trips or total trips to warrant a traffic impact study. Tree Valley Road has been on the radar of the city for several years and is just waiting for development to continue in order to bring the road to the current city standard. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents connection to abutting streets or property. As stated in item #4, the proposed layout will allow for continuation of the roads to the north along Garden Drive. There are no natural features or topography that will prevent future connections. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. The proposed subdivision will have sidewalks along the frontage of the project that will eventually tie into previous phases of the neighborhood once the remainder of tree valley road is constructed by others. This will provide adequate transportation routes for both bicycle and pedestrian traffic to circulate throughout the neighborhood. 8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements. The proposed project will have new water and sewer utilities provided within the right-of- way as well as a 15' public utility easement provided within the platted subdivision for public utilities i.e. phone, cable, power and gas, to install their infrastructure to provide services to the new homes that will be built. Exhibit 5a: Comprehensive Plan Future Land Use Map Casa Del Tree Valley Subdivision Future—Desi 9nation Commercial Employment High Density Low Density Medium Density Mixed Use lal'c-\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Exhibit Sb: Current Zoning and Requested Change Casa Del Tree Valley Subdivision /944,C-\ CHUBBUCK I D A H D Landuse_Category Agriculture (A) —i County Creative Community Creative Community- Harvest Springs (CC -HS) - Creative Community -Northside Crossing (CC -NC) - Dense Residenfial(R-4) - General Commercial (C-2) Highway Cooridor(HC) _ Industrial (1) Limited Commercial (C-1) M Limited Residential (R-2) Limited Reside ntial - P (R-29 I� Panned Unit Development (PUD) Single Fa mily Reside atial (R-1) -Wage NV 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Exhibit 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff a. Site Posti '�W mm Sign posted 9/3/24 /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 Memo Community Services Department 290 E Linden Ave., Chubbuck, ID 83202 208.237.2430 To: Honorable Mayor & City Council From: Devin Hillam, Community Services Director Date: October 9, 2024 www.CityofChubbuck.us Re: Addendum to Casa Del Tree Valley Preliminary Staff Report; Tree Valley Road Local Improvement District Option Information Local Improvement District Information for Consideration— Tree Valley Statutory Framework: Tree Valley Properties 50-1703: Powers conferred The improvements that are needed to build Tree Valley • Purchase property, construct, Road are eligible to be funded through a local improvement improve, repair, light, grade, curb, district. gutter, sidewalk, landscape/beautify, etc. of streets, sidewalks, or alleys 50-1706: Initiation of Organization of An LID could be established for those properties on Tree District Valley Road which have not already paid cash -in -lieu of • May be initiated by 60% of improvements which were collected as part of their resident owners or 2/3 of the developments; those two cash -in -lieu addresses are 780 owners property subject to Garden Drive and 5109 Tree Valley Road. assessment within a proposed district; OR The remaining properties are: • May be initiated by resolution of a Consent to LID given as part majority of the full council at a regular/special council meeting. of getting building permit? Address 5119 Tree Valley Yes 5125 Tree Valley Yes 5151 Tree Valley Yes 5163 Tree Valley Yes 5175 Tree Valley Yes 5173 Tree Valley No 5185 Tree Valley No J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options—Memo to Council 10.9.2024.docx 1 J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options_Memo to Council 10.9.2024.docx S110 Tree Valley No- This is the Casa Del Tree Valley development, however, which would be required to construct and dedicate ROW for their % of the road. Not including 5110 Tree Valley Road, or 5109 Tree Valley Road, or 780 Garden Drive, 7 properties could be part of a local improvement district. Of those 7 properties, 5 have consented through recorded agreement with the City to an LID in the late 1990s or early 2000s. Over 71% of the property owners, or their predecessors, consented to the formation of a local improvement district. Thus, the LID may be able to be established by the City under the framework that it was petitioned by the required number of owners to establish the district. I recommend that this be considered, however, by legal counsel and possibly outside counsel, to advise on the City's options. 5110 Tree Valley, Case Del Tree Valley, could theoretically be a party to the LID if the Council desired (versus requiring improvements now, or versus collecting cash -in -lie, or bonding for improvement costs). 50-17- Notice of Intention and Hearing • Notice of intent to create an LID must be published numerous times and a copy of the notice emailed to each property owner in the district. 50-1709- Protests and Hearing • Property owners in the proposed district can make objections in writing or at the hearing. • If over 2/3 of the owners protest, the council must make a majority vote to proceed. • If the LID is proposed by the city and more than 60% of resident owners or owners of 2/3 of the lots/lands protest the creation, the Council cannot create the LID for 180 days and must act as a review board to review the proposal, including its conformance with the law, and must consider a number of facts, J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options_Memo to Council 10.9.2024.docx including financial impact on the property owners. After the evaluation period, Council may approve, modify, or reject the proposal. 50-1710 — Ordinance... • An ordinance with a great deal of applicable information would approve an LID and the Council would appoint an engineer and then prepare necessary plans and seek and approve bids to execute the contract. 50-1711— Limitation on Assessments • LID assessments cannot exceed the value of the property 50-1713 — Notice of Hearing on Assessment Roll • Notice is required to be posted several times and mailed to the property owners. The assessment roll is mailed also. The notice gives the Council an opportunity to increase the assessment roll but up to 20% without additional notice. 50-17 — Remaining • Persons can appeal the assessment roll. • County Treasurer adds the additional assessment to the property taxes and the tax is levied for the project payment. • The projects can be bonded. • Etc. Policy considerations that the Council may wish to review: • How would a local improvement district assessment impact property owners on fixed or otherwise limited incomes? • Are there opportunities to decrease the infrastructure costs/build by requiring that the street be constructed like a local street, and/or by not fully extending the road at this time to the northern boundary, or by removing the sidewalk on the west side of the road? o Tree Valley is deemed to be a Current/Planned Collector Street in the Comprehensive Plan. The Council should consider, however, whether Tree Valley will truly every function as a collector (a busier, higher volume road that moves traffic from local streets to J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options_Memo to Council 10.9.2024.docx 3 arterials)? The roadway makes a number of 90 degree turns as it moves from the northern boundary of this area to Chubbuck Road; as such, treating it as a local street may be best to decrease construction costs and ongoing maintenance costs. The built portion of this collector route is constructed to local street standards. o If a local street section was approved as a way to decrease costs, I recommend obtaining the right-of-way from Casa Del Tree Valley so that in the future if/when a local street connection is needed for vehicular/pedestrian mobility to the property to the north, it could be constructed. There are no plans which city staff is aware of, however, for the property to the north's development. i I _ rp r I_ - 'a� i — e :a ' r : I --Stars Rd t '4 • Formation of an LID could be very lengthy- are there reserve funds available to construct the roadway? Would use of general tax funds be fair, effective, and just to those not benefiting from the roadway? • 1992 Plan funds should still be sent by the CDA to the County Treasurer for remittance to the taxing district. The Council could consider using the city's portion of those funds for this project. J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options_Memo to Council 10.9.2024.docx 4 • Is using general funds / reserves fair to the other needs of the city such as in streets, parks, or any of the other departments? • To allow the property owner their right to develop, the City could grant approval of the plat with an added condition that the owner will be required to pay for the costs of their frontage improvements and to dedicated the right of way, and may be responsible for its construction, but specific terms of that will need to be defined by separate agreement once the City has identified how it will fund the construction of the remaining roadway. Attached: 1- Map showing properties which have recorded consents to an LID 2- Recorded documents for the consents J:\Streets\Dedications and Vacations\Tree Valley Road\LID\Tree Valley LID options_Memo to Council 10.9.2024.docx wl SYPHON ROAD d 34 35 N88"34'34" W CV? 3 2 2649.04' !-4 IV ZknM S S88"33'51 N88" m CD r -- � 1318.95' 17 a I LO co Ilk m0 161' Lj0' 67 InASEMENT I➢AHa PO ➢ lim 1 96O11950 LOo c0 1/4 Cor. Rec.#735422 N88°41'34"W 35 36 NE Sec. Cor. Rec.#735421 2648.14' 2 1 TREE V 1/16 Cor. EE NOTE #4 -SEE NOTE #2 36'43W 330' --SEE NOTE #1 5' 130' 25' TREE VALLEY ROAD T-!�-SEE NOTE #' LOT 3 IW co is w Deed No. 779681 WER TE2 CQ +6A QL P5E R o` W � w 130' IF o 175' SEE NOTE #1 S88°36'43E 330' SEE• N❑TE #1 co BEECH SUBD. m W 0 LOT 1 "i c� 261' CC) +1 in M i' 10' Easement VALLEY SUBDIVISI®N NEI/4 SWI/4 SEC. 2, TISS, R34E, BM 3 4 1 5 1 6 1 7 BUNCE SUBDIVISION Phase 3 _t�: a00045�0 SEE NOTE #3 Deed No.478780 Deed no. 723472 a� A4 En a� N v� g 10 A 5 00 (U L) U a CID Po VISTA PARK SUBDIVISION 1q W co Pr ko to -1/16 Cor. 3 2 1313.55' 1313.55' 10 11 [2627.10'] SW Sec. Cor. Rec.#595182 CHUBBUCK ROAD N88"34'20"41 -1-1 oN R1 F4 I 5 ?�A,j 1995 by cam be �`� VO.Y'y lnVNIA 5v�5a�1 V eeVnev%. 5 Lo4S Aav4 �a 4 3 SCALE: 1 "=100'' 2 NOTES: ( ) Indicates information taken from ROS Inst. No 8113278 by SHURTLIFF Engr. 1 [ ] Indicates information taken from a 1977 survey drawing by the City of Pocatello in County Surveryors office EN DRIVE (1) Found a 1/2' iron rod with no cap, Replaced It with a 5/8' iron rod with cap. (2) This is an access and utility easement for Lot 1 9 (3) This is an access and utility easement for Lot 2 (4) This 1/16 car. was of a 1/2 inch iron rebar with no cap. That has been set and used by other 8 `N surveryors to describe the properties in this area. I replaced it with a 5/8 intch iron rod with cap, 0 -__ Recording no. 7 rL z (5) TR! -E VALLEY ROAD is an access and utility easement oLn c.n i-ot 3, It is 1/2 of a planned future public road, 6 d M U) cwt 2 1 E 1/4 Cor. z — Rec. #93003164 m C) o0 C) �D oN 0, cu Ln o (11Z l u 2 1 [2626.98'] 11 12 SE Sec. Cor Rec. # 595177 IJ -E' GE'ND + Found Section Corner Found quarter Corner Found Iron Rod Q Set 5/8" x 30" Rebar With Plastic Cop Stamped 1341 Set 1/2" Iron Rod With Plastic Cop Stomped 2341 Point Location -No monument Set Subdivision Boundary Line x -x—x Existing fence SURVEYOR'S CERTIFICATE I, Jay L. Cornelison, a registered Land Surveyor of the State of Idaho, do hereby certty that a survey was made under my direction of the land described in the boundary description and that the plat upon which this certification appears was made under my direction I further certify that the accompanying map correctly depicts the division of the Land as marked upon the ground, that the monumentation shown conforms with that set or found upon the ground, and that the pertinent provisions of the statutes of the State of Idaho, together With all local ordinances pertaining thereto have been complied With. BASIS OF BEARINGS Assumed the bearing of the line between the monuments found at the SW and SE corners of Aero Park to be East per the Plat of Aero Park As per ROS No. 813278 COUNTY RECORDER CERTIFICATION INSTRUMENT NUMBER. TUNE %A PM DATE BOOK -1 - PAGE RECORDS OF BANNOCK COUNTY, STATE OF IDAHO, I ri_ �..C_ COUN RECIGIRDER TREE VALLEY SUBDIVISION PAGE 1 of 2 A SUBDIVISION IN NE114 SW1/4 SEC. 2, T 6 S, R 34 E, B.M. CHECKED BY, J.L CORMEIISON DRAWN BY" JLC rn LOT 2 0 cn 14 261' c- -- C\) 0 +I w Deed No. 517741 x to cu z CC) +1 in M i' 10' Easement VALLEY SUBDIVISI®N NEI/4 SWI/4 SEC. 2, TISS, R34E, BM 3 4 1 5 1 6 1 7 BUNCE SUBDIVISION Phase 3 _t�: a00045�0 SEE NOTE #3 Deed No.478780 Deed no. 723472 a� A4 En a� N v� g 10 A 5 00 (U L) U a CID Po VISTA PARK SUBDIVISION 1q W co Pr ko to -1/16 Cor. 3 2 1313.55' 1313.55' 10 11 [2627.10'] SW Sec. Cor. Rec.#595182 CHUBBUCK ROAD N88"34'20"41 -1-1 oN R1 F4 I 5 ?�A,j 1995 by cam be �`� VO.Y'y lnVNIA 5v�5a�1 V eeVnev%. 5 Lo4S Aav4 �a 4 3 SCALE: 1 "=100'' 2 NOTES: ( ) Indicates information taken from ROS Inst. No 8113278 by SHURTLIFF Engr. 1 [ ] Indicates information taken from a 1977 survey drawing by the City of Pocatello in County Surveryors office EN DRIVE (1) Found a 1/2' iron rod with no cap, Replaced It with a 5/8' iron rod with cap. (2) This is an access and utility easement for Lot 1 9 (3) This is an access and utility easement for Lot 2 (4) This 1/16 car. was of a 1/2 inch iron rebar with no cap. That has been set and used by other 8 `N surveryors to describe the properties in this area. I replaced it with a 5/8 intch iron rod with cap, 0 -__ Recording no. 7 rL z (5) TR! -E VALLEY ROAD is an access and utility easement oLn c.n i-ot 3, It is 1/2 of a planned future public road, 6 d M U) cwt 2 1 E 1/4 Cor. z — Rec. #93003164 m C) o0 C) �D oN 0, cu Ln o (11Z l u 2 1 [2626.98'] 11 12 SE Sec. Cor Rec. # 595177 IJ -E' GE'ND + Found Section Corner Found quarter Corner Found Iron Rod Q Set 5/8" x 30" Rebar With Plastic Cop Stamped 1341 Set 1/2" Iron Rod With Plastic Cop Stomped 2341 Point Location -No monument Set Subdivision Boundary Line x -x—x Existing fence SURVEYOR'S CERTIFICATE I, Jay L. Cornelison, a registered Land Surveyor of the State of Idaho, do hereby certty that a survey was made under my direction of the land described in the boundary description and that the plat upon which this certification appears was made under my direction I further certify that the accompanying map correctly depicts the division of the Land as marked upon the ground, that the monumentation shown conforms with that set or found upon the ground, and that the pertinent provisions of the statutes of the State of Idaho, together With all local ordinances pertaining thereto have been complied With. BASIS OF BEARINGS Assumed the bearing of the line between the monuments found at the SW and SE corners of Aero Park to be East per the Plat of Aero Park As per ROS No. 813278 COUNTY RECORDER CERTIFICATION INSTRUMENT NUMBER. TUNE %A PM DATE BOOK -1 - PAGE RECORDS OF BANNOCK COUNTY, STATE OF IDAHO, I ri_ �..C_ COUN RECIGIRDER TREE VALLEY SUBDIVISION PAGE 1 of 2 A SUBDIVISION IN NE114 SW1/4 SEC. 2, T 6 S, R 34 E, B.M. CHECKED BY, J.L CORMEIISON DRAWN BY" JLC 1/4 Cor. Rec.#735422 N88"41'34"W 35,36 NE Sec. Cor. Rec.#735421 2648.14' 2 1 v _ N88.36'43"W 1123.64' Go 1318.95' 330' SEE NOTE #3 a� a o Deed No. 779681 U SEE NOTE #1 N00 z S88°36'43E 33W 14' 291' co LOT 1 ON ROAD cI 8"34'34"W CO - to -11 49.04' h35 OD 1 "W z– WZWDeed 1/4 Cor. Rec.#735422 N88"41'34"W 35,36 NE Sec. Cor. Rec.#735421 2648.14' 2 1 v _ N88.36'43"W 1123.64' Go 1318.95' 330' SEE NOTE #3 a� a o Deed No. 779681 U SEE NOTE #1 N00 z S88°36'43E 33W 14' 291' DnWE 4 50� SEE NOTE #4 Deed No.478780 tEEC R- >" o I�rn 07 d o z BEECH SUBDIVISION Nr- iy 6 i Sec. 2, T G 5, R 34 G , 0M 3 4 1 5 1 6 1 7 BUNCE SUBDIVISION Phase 3 9� o5r� ra 1 —*980('j59'j 2 1 X005 a39 4 3 +1 6% (U (U (U (U GN M Deed no. 723472 1 DRIVE co LOT 1 —2 cI Rec. #93003164 w CO OD 291' o WZWDeed 8 u-1 a rl No. 96004157 7 Z N rn LOT 2 2 1 a 12 SE Sec. Cor �t4'291' 6 tx � S88"36'43E 330' Q — 910 9 5 0 +I r w Deed No. 517741 x x wVISTA PARK SUBDIVISION 315' 3 co c,j� 1 /16 Cor. 2 1313.55' 1313.55' [N88'34'20"W] SW Sec. Cor. [2627.10] [2626.98'] Rec. 595182 CHUBBUCK ROAD DnWE 4 50� SEE NOTE #4 Deed No.478780 tEEC R- >" o I�rn 07 d o z BEECH SUBDIVISION Nr- iy 6 i Sec. 2, T G 5, R 34 G , 0M 3 4 1 5 1 6 1 7 BUNCE SUBDIVISION Phase 3 9� o5r� ra 1 —*980('j59'j 2 1 X005 a39 4 3 +1 6% (U (U (U (U GN M Deed no. 723472 1 DRIVE W SCALE: 1"=100' LE GE_NT D Found Section Comer Found Quarter Comer O Found Iron Rod * – X 8 9 Q Set 518" x 30" Rebor With Plastic Cap Stamped 2341 Set 1/2" Iron Rod With Plastic Cap Stamped 1341 • Point Location–No monument Set Subdivision Boundary Line x—x—x Existing Fence SURVEYOR'S CERTIFICATE 1, Jay L. Cornelison, a registered Land surveyor of the State of Idaho, do hereby certify that a survey was made under my direction of the land described in the boundary description and that the plat upon which this certification appears J was made under my direction. I further certify that the accompanying map correctly depicts the division of the land as marked upon the ground, that the monumentation shown conforms with that set or found upon the ground, and that the pertinent provisions of the statutes of the State of Idaho, NOTES' together with all local ordinances pertaining thereto have been complied ( ) Indicates information taken from with. ROS Inst. No 8113278 by SHURTLIFF Engr. [ ] Indicates information taken from a 1977 survey drawing by the City of Pocatello in County Engineer's office (1) Found a 1/2" iron rod with no cap. Replaced it with a 5/8' iron rod with cap, (2) This is the area between the 1/16 line and a former fence line. The ownership of this property has not yet been determined. A court hearing is pending. (3) This 1/16 cor. consists of a 1/2 inch iron rebar with no cap. That has been set and used by other surveryors to describe the properties in this area. Recording no. (4) TREE VALLEY ROAD is an access and utility easement, 9 —2 1 r, Rec. #93003164 w Cl OD C6 o +1 8 u-1 a rl 7 Z N 2 1 a 12 SE Sec. Cor U). 6 tx � nt co o CO — 910 9 5 �v wVISTA PARK SUBDIVISION 3 co c,j� 1 /16 Cor. 2 1313.55' 1313.55' [N88'34'20"W] SW Sec. Cor. [2627.10] [2626.98'] Rec. 595182 CHUBBUCK ROAD W SCALE: 1"=100' LE GE_NT D Found Section Comer Found Quarter Comer O Found Iron Rod * – X 8 9 Q Set 518" x 30" Rebor With Plastic Cap Stamped 2341 Set 1/2" Iron Rod With Plastic Cap Stamped 1341 • Point Location–No monument Set Subdivision Boundary Line x—x—x Existing Fence SURVEYOR'S CERTIFICATE 1, Jay L. Cornelison, a registered Land surveyor of the State of Idaho, do hereby certify that a survey was made under my direction of the land described in the boundary description and that the plat upon which this certification appears J was made under my direction. I further certify that the accompanying map correctly depicts the division of the land as marked upon the ground, that the monumentation shown conforms with that set or found upon the ground, and that the pertinent provisions of the statutes of the State of Idaho, NOTES' together with all local ordinances pertaining thereto have been complied ( ) Indicates information taken from with. ROS Inst. No 8113278 by SHURTLIFF Engr. [ ] Indicates information taken from a 1977 survey drawing by the City of Pocatello in County Engineer's office (1) Found a 1/2" iron rod with no cap. Replaced it with a 5/8' iron rod with cap, (2) This is the area between the 1/16 line and a former fence line. The ownership of this property has not yet been determined. A court hearing is pending. (3) This 1/16 cor. consists of a 1/2 inch iron rebar with no cap. That has been set and used by other surveryors to describe the properties in this area. Recording no. (4) TREE VALLEY ROAD is an access and utility easement, 7_F.`l6'Z�]S0va1WHI Assumed the bearing of the line between the monuments found at the SW and SE corners of Aero Park to be East per the Plat of Aero Park As per ROS No. 813278 COUNTY RECORDER CERTIFICATION INSTRUMENT NUMBER . TIMEDATE ''"" ,��,�, BOOrt_J�n� PAGE RECORDS OF BANNOCK COUNTY, STATE OF IDAHO, L. - .. BRECH SUBDIVISION PAGE 1 of 2 Por7�on oU Dl IeIONAll SW%y SEC. 2 , T. 6 S., R. 34 E., H. M. CHECKED BY. J.L CORNEUSON DRAWN BY., JLC E 1/4 Cor. —2 1 r, Rec. #93003164 w OD o -,D a, a in Z N 2 1 11 12 SE Sec. Cor Rec. # 595177 7_F.`l6'Z�]S0va1WHI Assumed the bearing of the line between the monuments found at the SW and SE corners of Aero Park to be East per the Plat of Aero Park As per ROS No. 813278 COUNTY RECORDER CERTIFICATION INSTRUMENT NUMBER . TIMEDATE ''"" ,��,�, BOOrt_J�n� PAGE RECORDS OF BANNOCK COUNTY, STATE OF IDAHO, L. - .. BRECH SUBDIVISION PAGE 1 of 2 Por7�on oU Dl IeIONAll SW%y SEC. 2 , T. 6 S., R. 34 E., H. M. CHECKED BY. J.L CORNEUSON DRAWN BY., JLC AGREEMENT , This agreement is made by and between the City of Chubbuck, a municipal corporation; hereinafter "Chubbuck" hereinafter "landowner" and 2t4CCdt OWL. RECITALS A. This agreement deals with landowner's property legally described as: SPe "1 45��X,f l B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbck08.312 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a,public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbckO8.312 9COOS r 12 gutter sidewalk, water and sewer, if"a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the. terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to city services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 0 8� so and to pay all necessary and _.rggsonable fees fpr-_x--uch connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbck08.312 + that may be requied for the serv'r'ces or fore street, curb, gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal services or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT - Page 5 dsc chbbck08.312 r that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in al/l� respects. DATED this day of Rp�, 1990. DATED this L day of Landowner: 1996. City Chubbuc By: Title: STATE OF IDAHO ) :SS County of Bannock) Q On this day of ' T��f'► L , 19916, before me, the undersigned Npto ,Public,,,in and for said State, personally appeared Is�r�t +• to.¢WA known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed My official seal the day and year first written above. _ f _ . �,�,a -q&.. vi'v.��Ed Q."JEST 0E '40WY PUBLIC - STATE OF IDAHO CITY QF CHUBBUCK 4Yft61Wi@Jion Expires: 10 Iq (SEAL) -PI-IT-19-02 _ -'BOOK NO - "'FFICE><< c :: LOOK No 66 „ tD, - LkpiY EE24:00 i'.uiY OW AGREEMENT - Page 6 dsc chbbck08.312 STATE OF IDAHO County of Bannock) 11 On this IC)V-` day of _ Apr 1, L' 19916, before me, the undersigned Notary Public, is{ in and for said State, personally ( appeared -J"e WL 0 o44y-+ , known to me to be the r 'respectively, of the municipal corporation that executed the same the within instrument, or the person who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. SEAL) - AfO44 , y AGREEMENT - Page 7 dsc chbbck08.312 /'� Z7 ayz," NOTARY PUBLIC - STATE OF IDAHO My Commission Expires: 1.6 llg QG EXHIBIT A J6005712 a ct (n 1-3 En" 3 ►30 El z> n00mc"m °�Ct O ct cr �:s ct m O m to K cn:3'P-0:Y n(D ma (n m O m O m b n Z aK n awct ct 'd z r (n W- K 4 �r O N O O H• 0-" ct W - (D r. • K Z3 m G LQ �-'- m::$ ct w !n ct n a •3 m�*r�r Encr K m0coty�r ct rr, a m ct r rt K cr MK 0 0 ::;' rbd� Nwmw� �3m ~c0KNI ct lIlm m r m ctw r•M O Cr r (n ]' z nig—tQ ci. 0 F-.. ct :E: mm� tr m rrom0 Ar- ct W. O O K m 75 z:31 O -:ri� K K [n m cttQ(D m::sm P•m 0 ct ct (n m m a, n Pt n �r r ct K O. H- ct KEnmmtn0 aW- mC cornr0 a::s0 0 v E t,l (n ` to �• m m rn td � • m m (n m m m �; rn bd N n ct ct m to ,a- O a ` c* ct N- 0 m r 0 wr`• O " KRI r: H ct w N• p U) 0 0 0 O 0�3 P-(nE :c n ;c m ►3 z a a\ m K ;S ct rh �r to r• m O m `• O. O (7 m m rn rn 0 tom- ct :E: G O m tea ctrn a0 0 n En CL (n K(n(nm:E: O ct Lao w0N0 cu :r K 0 w z rn cr :3,% ct �h O ct ,p r• 0 r r• 0 ` fn(nam�m UJ N• m f'• m N "C i f s x .55vv SW, bj�2 h1G"TV15iW300 '02.20,; -XRE-RECORDING TO CORRECT LEGAL 40004"60 -7-1 R AGREEMENT 1000 200 42vinlIM1111 1�5� OR�t-E�ONOEER TITII 28 0FFIGI,1' C; '300K NO SSS This agreement is made by and between the gANtJ�t !, ;CL's"I IDAHO L�RRY ' G N RECORDER City of Chubbuck, a municipal corporate n;, UU FEE __ D °UTY hereinafter "Chubbuck" and HOWARD C. BLASER ikNf)--T0NY-A-1:-$EAEER hereinafter "landowner" RECITALS A. This agreement deals with landowner's property legally described as: 7WhWMXD00(X6(� X%XX( Lot 3 of TREE VALLEY SUBDIVISION, Bannock County, Idaho as the same appears on the official plat thereof, filed in the office of the County Recorder of Bannock County, Idaho. B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbckO8.312 i • 20004 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbck08.312 �' 20004560 022Or, gutter sidewalk, water and sewer, if a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 02 210 0: 200045bO so and to pay all necessary and reasonable fees for such connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbck08.312 i that may be requir`1 for the servicesor for �r'stre gutter or sidewalk. Landowner believes the granting of a C building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this Q` C consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal services or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT - Page 5 dsc chbbck08.312 0220`f u 2 O`�500 ,�. 0 )010" � 7-� that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. DATED this ( lot day of �k. A— OO . andowner: DATED thisJo day of 1-9000479-04. City of Chubbuck B Tit STATE OF IDAHO ) :SS County of Bannock) On thisgary da of Y /� ", before me, the undersigned o ublic, in and for said State, personally appeared e' , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, my official seal the day (SEAL) AGREEMENT - Page 6 dsc chbbck08.312 I have hereunto set my hand and affixed and year first written above. BLIC - STAT OF I `1°f�T aO�fm 0n �xpires : County of Bannock f he by certify that the foregoing is a U lw vA swfo cop d an instrument as the samenow ffMlliMirftyd ,01,r,�ecid in my office. r ! WIT ESS my hand and ofkkd fNMMltfr97 this , day of LARRY W. NAN, CLEfW OF THE DIST>IM EX-OFFICIO'AUDITOR AD RErCOA0110 By Deputy °2 t i► - Z0004�;0 STATE OF IDAHO ) / :SS County of Bannock) 2 oo6 p�-D da of a(` , i992, before me, the On this Y �, undersigned o ary PuA in and for said State, personally ap eared %A'. (7�•�� , known to me to be the , respecly, of the municipal corporation that execute t e same the within instrument, or the person who execute the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE IDAHO My Commission Expires: (SEAL) AGREEMENT - Page 7 dsc chbbck08.312 NJT:'!� Y vo"AL NO 20004560 REGORGrOPIONEERIIII.Ei OF LY C1�� 2`i F� 3 flFFiG IVY ISHO BA1Y SGC � i lli R �i�U12597 AGREEMENT This agreement is made by and between the City of Chubbuck, a municipal corporation; hereinafter "Chubbuck" hereinafter "landowner" and RECITALS A. This agreement deals with landowner's property legally described as: B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbck08.312 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbck08.312 • • :)Soi s'97 ?::3 gutter sidewalk, water and sewer, if a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 0 0 :)S012597 1�- so and to pay all necessary and reasonable fees for such connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbck08.312 -S 93012597 that may be required for the services or for a street, curb, gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal services or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT - Page 5 dsc chbbck08.312 u STATE OF IDAHO County of Bannock) 0 9801259' � Q On this _ day of d �.L , 1991, before me, the undersigned Notary Publ' ,11 i�n nd for said State, personally ap eared n �-�tl� , known to me to be the �MWrespectively, of the municipal corporation that executed the same the within instrument, or the person who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE OF.IDAIHO My Commission Expires:.© N O 9801259' RECORDED AT REQU ST 1F '98 JUN 26 8M 9 30 OFFICIAL RECORD BOOK N0r-�L`i'/ BANtJOC:; COUNTY IDAHO LARK '-HAN RECORDER / PEE DEPUTY L --- AGREEMENT AGREEMENT - Page 7 dsc chbbck08.312 9801259'7 that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. DATED this -Ld day of C � Y) Landowner: DATED this :� J4 day of 9; ,'-92 1'q '?g - City of Chubbuck By: )z Titl . U BUCK STATE OF IDAHO :SS County of Bannock) On this -,-2,� day of 19.9-2, before me, the undersigned Notar Pub 'c, n and for said State, personally appeared , known to me to be the person whose name is sub6deribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. (SEAL) U� ir AGREEMENT - Page 6 dsc chbbck08.312 NOTAR U IC - STATE 0IDA tHO My Commission Expires: 3 Il l xr;: r ?°t,.-�. .,, . , n.4 �: �. ...., .,.i.}'fyeiSYa�f..:Rr.Ai.S• a �•�'. 8 980=597 MS !R�Mf?n rptr �t R!' •?'rrfq ACCO!,!ODGTiO3 i<"a��=moi•, 1�� "P's3 `''"'.,#f«LLaI:?a7s3rlf A PionearCompany ('-l•Uii; rf3 a PIONEER TITLE, I'TL.E CON111AM OF BANNOCK COUNTY 1?5 N. ,Arthur Avenue / Y.O. 3o: 1057 / Pocatello, Idaho 83204 . (208) 233-()1;1;5 .r , )FI-IGI;iI:` ,.:QJ )RD 8 0 0 K 1l C. Vi DATA '1;tJS:u:':i.Q.dC\i�,%U:%13`1"• t1 Si ;7 �•� r7'�:".J•II CI )' Cj'r'����{r "t C7"L9�"�/) }}ryr'f,T' r 7�:':%ilti%�ij%:N�%U`.;�i,�itir:dL.�: - :,U.rV, w: .U.!u:1.K�J,.L.1A.lAMKt..0 f4NGWSQ4M.LU.. ,ZnSit.,�.tiS•'.!U.%L: 1 WARRANTY DEED (IND'ViDUAQ ^� FOR VALUE RV%L•IVf;U h� LEON W. MANNING, SR. AND GWFN DM.NINGa ?ASBA.NL` AND W'!FI: << In' GRANTOR(s) docs (in) hercit, .^;::.' NT, BARGAIN. SLLL ;,rad Co uotu R.ANDALL J011"I50d 101"A JCH'SON 110,: f5 C,RANTEC(S), wl.nsc ct,tr,.•nt tdd:tss is: .5✓(� J t-Q:J Cl%mCf �l r� )ley ../—D the fo11ow1n}t dcscribed rcz! rropctty in Bannock J more particularly described as foliow's, to wit: f4. County, State of Idaho, Lot 1, SEEM SUBDIV7.SON, Bannook County, Idaho as the saute appears on the official plac thereof, filed in the office of the County Recorder of said County. j r~ TO HAVE ANI) TO !?ULD (ttc said premocs, with their arinwrnarces nrcto the said Gran;ee(s), and Grantt'es(,n) heirs and mmips 1 r forever. And Mosaid ( ;rantar s Jots dol hereby cov ( (naat to and with the ,aid Gremectx), the Grantors) is/are :hc owner(s; is fee simr:;r, o(saidpremise(; t!;a ;air! 't:crrises are frtc Trom . !I ettcxtn:h,an:cs, LXCPf i 'hese to ,%Nch thts cnnveynnce is exrressly riade ! t utbjc<t and !ho:e made, salter,:! Or done ir. the Grantr^ist: an'I :ul•)ect !o restric;io:rs, dtr:ica:ians, ca cmerts, riEJtts of f: y! way ,nd agreeccnt-, if an}) of reccrJ, an J ern-ra! tares and . sccsrncnrs, incit.dez irrigation and u,ilir� a-srssments, of any) for the ¢, ctercnt yrar. which are not yct Jnc .and payablr, and that Gr_ntor(;) wi)i uarrara and defend the s-:rc fmt ail lawful eititnc G�=' i^ti t:'hatenrver. f- It t 1�•0 L4(t;r 'A. )t.411KIh;G ,....� G.E� M1A.lNG............. _.._� _..- --- l._ ur J :+ r i-; _ _ - ----._ . , (�.•r .., __p 3� �.,-,.s:. <<____—. til (Y� ay.`.i:._R. __"l�_...._ {_:Irv.;f--_..tit�J ^_Ll3__,----- _�..ir'•Scre's•of._ `.Yd' b:r(.rirrre ;� a "4-!ta. y Public, peru)nelly.thpcat;d _.�C 4ri...L( --*jar r, np n.•f id: T.rillCd 'O eit) ntr F ttrt , ctt'r:tt!'rt!, Httd arl,rt•,w;,:+;;;w !••`" '� _ sulacriL�Jtoil.twititih .� '' .f rn n:ybrat •�, t . c�nitrr' ..-tmr. r'Yry Pui!lic. � a'e. , C,i;!inRot: -- --!�,I+fieas;r+i://7,...._.,; �_ •r Cotrm -4 rr ;%S'it �r-AW S. _... ....... _-..,r.,. ,� �a± f 4 • AGREEMENT :i 6o u Jz3:) �l This agreement is made by and between the City of Chubbuck, a municipal corporation; hereinafter "Chubbuck" hereinafter "landowner" and RECITALS A. This agreement deals with landowner's property legally described as: -S 11 i Ael� B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbck08.312 Z 96005239 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbck08.312 • 9E -M05239 gutter sidewalk, water and sewer, if a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbckO8.312 • J) (;00 52 3J so and to pay all necessary and reasonable fees for such connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbck08.312 . r that may be requill for the servic s or for•street, curb, gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor riot to place munnAcipal ::: rvices or a : tr4� t, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT - Page 5 dsc chbbck08.312 6 U 96005239 that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. DATED this p day of Cky'Jk 16 , 199)(. Landowner: DATED this � day of City of Chub -buck By. t Tit STATE OF IDAHO ) :SS County of Bannock) _eJA�, 19 90 On this day ofi,�Q ti , 1991, before me, the undersig ed N t ry Public, in a fo said State, personally appeared , known to me to be the person whose name is s scribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed My official seal the day and year first written above. NOTARY` ­PUBLIC - STATt OF IDAHO ( SEAL) My Commission Expires : ��_ qq9 ti l* -- AGREEMENT - Page 6 dsc chbbck08.312 STATE OF IDAHO ) �.-� 96005239 :SS lJ County of Bannock) On this cpgAs' day of Y 4Q(.0 , 1996, before me, the undersigned No!,7b P 1'c, in and for said State, personally appeared jo. p-tA, � , known to me to be the OV" , respectively, of the municipal that executed the same the within instrument, or the person who executed the instrument on behalf of the rmu_.icipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed My official seal the day and year first written above. (SEAL)y NO 9F0052;39 HCCRDED ,1 T REQUEST OF CITY OF CHUBBUCK '96 APR 3 Pfd 2 59 662 OFFICIAL p= ". BOOK NO _ BANNOC\' COIUNTY IDAHO LARRY lU Gid RECORDER FEE 24.aW PUTYmj AGREEMENT - Page 7 dsc chbbckO8.312 1;;2" �' ��" NOTARY PUBLIC - STATE OF ID1 O My Commission Expires: 10141 03:21PM PIONEER TITLE POC Escrow #: 47675TA 0 L t t1X _11e171- X WARRANTY DEED P. E/17 *Approved by Jcoo5�C x) FOR VALUE RECEIVED, MACK R. LOSSER AND JOYCE LOSSER, HUSBAND AND WIFE the Grautor(s), do(-) hereby grant, bargain, sell, and convey unto SCOTT BEECH AND JANA BEECH, HUSBAND AND WIFE the Grantee(s), whose address is 5142 WHITAKER RD, POCATELLO, ID 83202 (NfailingAddress), 5142 WHITAKER RD, POCATELLO, ID 83202 (Property Address), the following described premises, situated in BANNOCK County, Idaho: A tract of land in the W1/2 E1/2 SW1/4 of Section 2, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Commencing at the Northwest corner of W1/2 E1/2 SWI/4 of said Saction 2; thence South along the West line of said WI/2 E1/2 SWI/4 a distance of 462 feet, more or less, to the point of beginning; thence continuing South along said West line 198 feet; thence East 330 feet; thence North parallel to the West line of W1/2 El/2 SWI/4 of said Section 2 a distance of 198 feet; thence 33C feet West, more or less to the point of beginning. Subject to the right of way for a road across the East '15 feet thereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s) and Grantees) heirs, successors, and assigns forever, The Grantor(s) do(es) hereby covenant and warrant to and with the Grantees) that the Granlor(s) is/arc the owner(s) in fee simple of such premises; that such premises are free from all cncumbrances, EXCEPT those to which this conveyance is expresslymade subject; those set forthin PioneerTitle Company Title ofBannock County, Commitment No. 47675TA , dated March 08, 1996 ; those made, suffered, assumed, or treated by the Grantee(s); reservations, restrictions, dedications, covenants, easements of record or use; rights of parties in possession, encroachments, overlaps, boundary -line disputes, or other matters that would be disclosed by an accurate surveyor inspection of theproperty, rights-of•way and agreements, if any, of record; general taxes and assessments (including irrigation and utility assessments, if any, for the current year) that axe not yet due and payable; and that the Grantor(s) will warrant and defend the same from sill lawful claims whatsoever. DATED this 15TIi ayof MARCH '1996 CK R. LOSSER JOWE VSSER 19-r i Zcm a� STATE OF IDARO ss Countyof P ,i -f On this /5 day of 19 r}(, , before me, the undersigned, personally appeared Jc�y� known or identified tome to �a the persons) whose ]games are subsmbed to witfrin instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said cmmw , the day aLd year first above written Notary Public 01mi t stst Residing at: I'i-nal Co. Commission Expires; ANN E. RANKIN Public - State of Arizona 96004257Notary PlNk COUNTY My Can. Ewes March 27,1999 NO r� RCCOR.D KONEERT EST OF '96) n, HR H 1144 0FFI0I AL , 03K NO�l JY 9?dNOC . OOU?J IDAHO �GF;.RORPER ` FEE =.DEFU l -- �e �&-- Oay ArvCity of Chfbbuck IQ Public Works It December 18, 1998 John O. Cotant, Mayor Steven M. Smart Public Warks Director Scott and Jana Beech P.O. so: 3604 5124 Tree Valley Road 5160YeIIowgeneAvenue Chubbuck, Idaho 83202 Chubbuck, ID 53202-0006 (203)237-2430 (200) 237-2409 Fax Re: Water and Sewer Construction on Tree Valley Road Dear Scott and Jana, Enclosed is check number 61563 in the amount of $3495.90. This check reimburses you for the following sewer line construction and also reflects partial satisfaction, with regard to water line construction, of the Tree Valley Road Improvement agreement signed by you. The details are shown below: Reimburse sewer construction, Bunce -Ferguson frontage, 150 LF @$25.22 = $3783.00 Reimburse sewer construction, % share Beech frontage 198 LF @$12.61 = $2496.78 LESS (or charge) water line constr., '/2 Beech frontage 198 LF @$14.06 = ($2783.88) Total net reimbursement $3495.90 The second and third items satisfy, with regard to water and sewer line construction, your obligations under the Tree Valley Road Agreement signed by you. If you have questions regarding this matter, please feel free to contact me. Sincerely, Steven.M. Smart Public Works Director SCOTT & ADBEECH 61563 E DETACH BEFORE DEPUSI I INC+ CITY OF CHUBBUCK GENERALFUND 5160 YELLOWSTONE • P.O. BOX 5604 CHUBBUCK, IDAHO 83202 FIRST SECURITY BANK 92-6/1241 OF IDAHO 4195 Yellowstone 61563 Chubeuck,Idaho 93202 NO - CHECK NO. 61563 PAY THREE THOUSAND FOUR HUNDRED NINTY FIVE DOLLARS AND 90/100 -- AMOUNT OATS *****$3,495.90 12/14/98 CITY OF CH BBUCK SCOTT & JANA BEECH TO THE ORDER 5124 TREE VALLEY ROAD MAYOR ORDER OF CHUBBUCK, IDAHO 83202 CLERKTRPASURER 11806 L 56 311' rt: L 24 L0006t I:00L- 00802 4411' REIMBURSESEWER BUNCE/FERGUSOF FRONT REIMBURSE SEWER 1/2 BEECH F NT LESS WATER LINE TO CITY 1/2 1 3EECH FRONT $3,495.90 E DETACH BEFORE DEPUSI I INC+ CITY OF CHUBBUCK GENERALFUND 5160 YELLOWSTONE • P.O. BOX 5604 CHUBBUCK, IDAHO 83202 FIRST SECURITY BANK 92-6/1241 OF IDAHO 4195 Yellowstone 61563 Chubeuck,Idaho 93202 NO - CHECK NO. 61563 PAY THREE THOUSAND FOUR HUNDRED NINTY FIVE DOLLARS AND 90/100 -- AMOUNT OATS *****$3,495.90 12/14/98 CITY OF CH BBUCK SCOTT & JANA BEECH TO THE ORDER 5124 TREE VALLEY ROAD MAYOR ORDER OF CHUBBUCK, IDAHO 83202 CLERKTRPASURER 11806 L 56 311' rt: L 24 L0006t I:00L- 00802 4411' f a CITY OF CHUBBUCP VOUCHER Chubbuck, idaho 12!14 , 19 98 TO: Scott & Jana Beech 5124 Tree Valley Road Chubbuck ID 83202 ITEMS MUST BE ENTERED IN DETAIL ON THIS VOUCHER AND SHOW PURCHASE ORDER NUMBER DESCRIPTION Reimburse Sewer Bunce/Ferguson Front. 150 LF @ $25.22 Reimburse Sewer '/z Beech Front 198 LF @ $12.61 Less Water Line to City %2 Beech Front. 198 LF @ $14.06 FOR USE OF CITY ONLY I heret% certify that the ab e count is correct epa ment Hea i ere APPROVED: official Title City's Voucher Number TOTAL DUE: AMOUNT l TOTAL $3783.00 $2496.78 $2783.88 PURCHASE ORDER NUMBER(S) ACCOUNT NUMBER(S) 30-4352-110 30-4344-120 $ 3495.90 City of Chubbuck Public Works September 4, 1998 Heritage Excavation, Inc. P.O. Box 2684 Pocatello, ID 83206 RE: Estimate 59 for Johnson Homes Dear Mike: John U. Cotant, Mayor Steven X Smart Public Works Dit+ertor P.O. Boz 5604 - 5160 Yebuffstum Avenue Chubbuck m 93202-0006 (20$) 237-2430 (2M 237-2409 Fax I received from Jerry Stuart your estimate dated 8117198 for water and sewer line construction on Tree Valley Road for Johnson Homes. The unit prices appear reasonable. The quantities, particularly in the sewer main construction may be off a little because of prior construction work that has been done. By prior agreement, the city agreed to pay the entire cost of waterline construction along all of the property except that fronted by Lots 1A and 1B in Beech Subdivision. The city will pay half of the waterline costs across the frontage of Lots IA and 1B. I believe the sewer line has been constructed from the south terminus to approximately the north property line of Beech Subdivision Lot 2. The city has agreed to pay one half (112) the cost of sewer line construction across the frontage of Beech Subdivision Lots IA and 1B and across the Campbell Subdivision property frontage. Please keep the city informed from the beginning of construction throughout your involvement along Tree Valley Road, so that we can be sure the construction is inspected by our Staff. This would also allow us to keep accurate records of the pipeline footage constructed. If you have further questions, or if I can provide further information, please feel free to contact me. Sincerel , S en M. Smart, P.E. Public Works Director SS:ts 0 Heritage Excavation, luc. PO Box 2684 Ji oc ILeiHog ID 83206 NAME/ADDRESS Johnson Homes 486 Hiawatha Rd. Pocatello, Id 83201 Estimate DATE ESTIMATE... 8/17/98 59 HERITAGE EXCAVATION Accepted by: P.O. NO. TERMS JOB LOCATION JH 806 Due on receipt Tree Valley DESCRIPTION RATE QTY TOTAL Install Sewer Main 17.40 807 14,041.80 Install Sewer Services 500.00 6 3,000.00 Install Man Hole 147.00 21 3,087.00 Install Water Main 21.50 830 17,845.00 Install Fire Hydrant 1,934.00 2 3,868.00 Install Water Services 1,100.00 6 6,600.00 *Price does not include city approved water meters Total $48,441.80 HERITAGE EXCAVATION Accepted by: 0 49 aSO12397 64 AGREEMENT This agreement is made by and between the City of Chubbuck, a municipal corporation; hereinafter "Chubbuck" hereinafter "landowner" and I Milli I • ''is, .11 . 4W) %■ RECITALS A. This agreement deals with landowner's property legally described as: B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbck08.312 * NO in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbckO8.312 0 w9SO12597 F '-3 gutter sidewalk, water and sewer, if a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into.this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 • 0 98012597 19, -` so and to pay all necessary and reasonable fees for such connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbck08.312 • -S 9SO12597 that may be required for the services or for a street, curb, gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal services or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT -- Page 5 dsc chbbck08.312 0 STATE OF IDAHO :SS County of Bannock) 0 9801259'7 On this �S_ day of J ►un -Q- 1999, before me, the undersigned Notary Publ in and for said State, personally apppare4d , known to me to be the respectively, of the municipal corporation that executed the same the within instrument, or the person who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE OF IDA4iO My Commission Expires: -40 (SEAM) , StA�- No- 9801259, RECORDED AT REQ0 5T iF c� df ch�6bttcC '98 JUN 26 8n 9 39 OFFICIAL RECORD BOOK NO�U 8ANt;OC;< COUNTY IDAHO E_AI R HM4 RECORIER PEE DEPUTY AGREEMENT - Page 7 dsc chbbcko8.312 0 0 �;"7 98012597 that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. DATED this 2A day of "Y11=- 3992. Jggg Landowner: DATED this ;24 day of ,-9 9 2k IgQg- City of Chubbuck BUCK By. Titl STATE OF IDAHO ) :SS County of Bannock) On this day of , IV -92, before me, the undersigned Kotary Pub C. n and for said State, personally appeared , known to me to be the person whose name Is sub ribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. (SEAL) t%10TARY SEAL AGREEMENT -- Page 6 dsc chbbckO8.312 NOTAR U IC - STATE OX IDAMO My Commission Expires:V jl l 1. r A FlonearCornpony PIONEER TITLE CONIPANIC 01= BANNOCK COUNTY ,35 N. Arthur Aventtc ! P.O. Sox 10571 Pocatella, Idaho 8.3104 (.'081 233-9. r5 / i�as �ASrE{lMr!rf film! A1C) !Y rl^MI r� Ill !M�lri7/l�� ��"�.��SVy:��!���IrYr1r ��r�1M�y a,�I;yy��iffiT.�71/r�y1,r Atli iLL4 tirWIrCY 4, MI N! uc1.Y114i YC Ila :A 0 ie� Gtr IP aT r.cnii:c*' t; �Iv�.ir.'i pEC;riQtR� DATA �.0 k >„ rlk hill[��r.�,iu(�,�titTTu.Zi�:-i��ilt'.w=ua:u�s��. ik+,u�u3.7' lf4sdVlli':iiam',�1t7.;iwlv;lu.li,:�.di► si,�ws.':. t WARRANTY DEED (1ND'ViDUAt_) 4, 'FOR VALUE :RECFIVED � LEON W. %MNNING, SR. AND GVEN MUTNING. T.E;SBAND AND WIFE GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto f RANDALL JOH,' M DBA -Ito r.� uRANftE(5). wF.ose c+�r.¢rst address✓l_Il�W ,the tui[owing described ieal proprrty in Bannock County, State of Idaho, more particularly described as follows" ta wit: Lot 1, BEECH SUBDIVISON, Sannock Craunty, Idaho Its the sane appears ..On the official plat thereof, filedi.n the ofgir_g o.f Ehe'Cbunty Rat. -order of said Country. y�. TO HAVE AND TO. HOLD the safd premises, with their appartevanm unto the said Granive(s), and Gruntces(s) burin end arsigns forever. And the said Orantur(s) dors (do) hereby covenant to and with ,he said Grantee(s), tate Grantnr(s) [Vme the owne(s; is fee Ample of said premises; that said picmises are rrcc hom FM encumbrances, EXCEPT :hose to which this c'onveyanee is a rrtnsfy nude subject and thore:nade, iurrmd or done by the Grantmis); a.'xi sub;cct!o rcervaticns, testrioiams, dediratinns. exst.mmm rights or ` way and agrettment:•, ,if any) of rewrd, and centra: taxes and assmt mems. ;ncit:de5 irrigation and ulilie a-sessmen s (i avs ny) for the ' ca -ie -..t year. which are not pct dtw and payable, and that Grzntor(s) will warrant and defend tl,- same rrotr• at[ lawful eltutn$ wF.atsaever. t Stt DrLind: , L= 4'm Z,--, MIN W. iWNIXG �l;dF�hlAH�IM4T— "`'r — Yf A'Ff r)1 :r t'cu1E _ I e • �t i`�i �. f of _y 1 t; + •n thiti.�,•�"''_Tr_. .`� k �. day rs(� _---__ ___. iR the vesr of"_ �i , biro,±,`t ar+ita:yf-ub)ic.pmanatlyxM.2-d -{ Ktx: xn M; lrs titled to me to be the 3#��e.sat�i_ G'r' �" r - ...^� � �. tuhscn'bPe{ to ti,e width jJ irrur.rrner !. and aeknawt rtycd to nth' at A -C e •;,ti snrne, t4 sly shiblic: "{ tJ1`.• C/ Ir .'• ali4%n>Cat; _ / ,^.lr _r__.!_.,.. `iL fi—_.__._.__� Y l i7 a tI} •IY .R! K'..1 .. F.. �. _ .//r.l '/., .\, "IV. 4� !, .r�12 "P"rC['V+'.•MI�l,•�./•i ,• . _. - .., i �, . .. . •1 AGREEMENT This agreement is made by S)d'letween the City of Chubbuck, a municipal corporation; hereinafter "Chubbuck" and r COO Id' zo"Ihl c� hereinafter "landowner" RECITALS A. This agreement deals with landowner's property legally described as: S� cc fla chJ B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbckos.312 Z 96005239 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to forma local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the property be served by a public street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curie, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbck0B.312 �J 96005239 gutter sidewalk, water and sewer, if a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is.valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject property by virtue of a private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services, including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 9 0 I& 96()05239 Li so and to pay all necessary and reasonable fees for such connection. 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part. of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbckO8.312 -that may be required for the services or for a street, curb,'4C;O()$2.39 gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal cervices or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. S. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put ir.t any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through a local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT -- Page 5 dsc chbbck08.312 Ll i 96005239 that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. o r 6 , 199 DATED this a l day of � QYCk' ,x'. Landowner: DATED this eff— day of 1996 City of, Chubbuck By. Tit STATE OF IDAHO ) :SS County of Bannock) On this a T�- da of Y , 1991, before me, the undersig ed Nr -Y ublic, in a fo said State, personally appeared , known to me to be the person whose name is s scribed to the within. instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. (SEAL) NOTARY $E AL AGREEMENT - Page 6 dsc chbbck08.322 NOTAR UBLIC - STATtOF ID My Commission Expires:�g- STATE OF IDAHO) SSbil - 96005239 County of Bannock) On this 424446 day of MAQCLA , 1996, before me, the undersigned Notary P1 c, n and for said State, personally appeared 6 qM , known to me to be the RUqQv- respectively, of the municipal corpciration that executed the same the within instrument, or the person who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. &0Z H0 96005239 REGnR+DF1) ,IT R?CQUEST OF CITY OF CHUBBUCK `95 RPR 3 PM 2 59 662 OFFICIAL BOOK NO _ BANNOC: COUNTY IDAHO LARRY W i ECORDER F E E -2-4-OM E F U T YGW AGREEMENT - Page 7 dsc chbbckO8.312 NOTARY PUBLIC - STATE OF IDO My Commission Expires: alllqq WACr'WW DEED FOR VALUERE+CEWM, MACK R. LOSSBR AND JOYCE LOSSFR, HUSBAND AND WIFE the Grardor(s), do(es) hereby grua. bargain, sell, and convey unto SCOTT BEECH AND JANA BEECH, HUSBAND AND WIFE , the Graatcc(s), whose address is 5142 WHITAKER RD, POCATELLO, ID 83202 WaAnAddnsa), 5142 WHITAKER RD, POCATELLO, ID 83202 (FroptAyAddress), the foUowiog daecribed premiss& siNated in BANNOCK County, Idaho: A tract of land in the W1/2 EL/2 SWI/4 of Section 2, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Commencing at the Northwest corner of W1/2 E1/2 swl/4 of said Section 2; thence South alone the West line of said W1/2 E1/2 SW1/4 a distance o£ 462 feet, more or less, to the point of beginning: thence continuing South along said West line 198 feet; thence East 330 feet; thence North parallel to the West line of W1/2 E1/2 SWI/4 of said Section 2 a distance of 198 feet; thence 330 feet West, more or less to the point of beginning. Subject to the right of way for a road acrosa the East X15 feet thereof. TO HAVE AND TO HOLD the said premises, with their appurtenance unto" said Grantees) and Grantee(s) heirs, successors, and assigns forever. The Grantor(s) do(es) hereby covenant and warrant to and with the Grantee*) that the Graator(s) is/arc the owner(s) in fee simple of such premises; that such premises are free from all eacumbraaces, EXCEPT those to which this conveyance is eVreadymade subject; those act forth in Pioneer Title CwnpamyTitle of BannocL- County, Commitment No. 47675TA , dated March 08, 1996 • tbo w made, suffered, assumed, or created by the Grantee(s); reservations, restrictions, dedications, covenants, easements of record or use; rights of parties m possession, encroachments, overlaps, boundary -line disputes, or other matters that would be disclosed by an accurate wrveyorkspoc cuoftheproperty;rights-of-wayandagreements,ifany,ofrecord;geoeralt&wsandessessments(including irrigation and utility assessments, if any, for the current year) that arc not yet due and payable; and that the Grantor(s) will warrant and defend We same from all lavdui claims whatsoever. I)ATED thk 15TIOW Of MARCH .1996 r9 -I' STATE OF IDARO 1 County of P, na ( J} as Qct this /51aiy of m""C't. - , 19 16 , before me, the undersigned, parsousl1y appeared mQGk. ��`a - Le�— Q.nd J_oy e (o ".- knows or identified to me toba the persoa(s) whale names are subscribed to ma-�withu. instrument, and acknowledged to rare that they etxcuted the same IN WITNESS WHEREOF, I have. hereunto set myhand and affixed my oMdal seal in said C --Mt, the :av W)rcat fust above writ" Notary Public -- Residing at /°incl Co , 4,'Z, pRTML SEAL CttmmiWOn EVk4V ANN E. RANKIN 96004257riu State Notary aIa N 0 My Comm. ExWes March 27, tsar C; F C 0 F D F $,ON Q R�' QST OF '96W18 1144 OFFICIAL kLO.. ? 300K NO ba BAN14OCK COUP Y IDAHO RE ORQER 11�— FAR�]f,GHAy FEE DPU Y AGREEMENT This agreement is made by and between the City of Chubbuck, a municipal corporation; hereinafter "Chubbuckt' and hereinafter "landowner" ,,1�L�GllL� / k,, RECITALS A. This agreement deals with landownerts property legally described as: B. Landowner desires to obtain a building permit for the above-described property. C. Said property lies in an area that is not served by a Chubbuck City street and/or City water or sewer service. D. The area is presently served by a private road easement that is an extension of Johannson Place and is commonly known as Tree Valley Road. The area is further served by an extension of the Chubbuck City street known as Garden Drive, although neither the extension of Garden nor the extension of the Johannson Place, known as Tree Valley Road, are City streets. E. Neither of these roads is served by City services, maintained by the City nor does the City have a vested interest AGREEMENT - Page 1 dsc chbbck08.312 J6005712 in the underlying real estate so that a street can be constructed on those extensions. F. Chubbuck anticipates in the future, if this area develops, to form a local improvement district pursuant to Idaho Code for the purposes of constructing street, curb, gutter, sidewalk, sewers and water services as necessary. G. Landowner desires to obtain a building permit and build upon the above-described property, however, the current Chubbuck Code requires that, in order for a building permit to be issued, that the operty_._bg _served_ ublic street. H. Further Chubbuck, as part of its planning process, desires to provide for orderly future developments so that in the future, streets, curb, gutters, sidewalks, sewer and water service can be provided to these property with little or no cost to the City. I. It would be Chubbuck's intent, if a building permit were granted to landowner to build upon the above-described property, that landowner, (at any time in the future when the City required either connections to municipal utilities, the formation of a local improvement district, or the installation of City services, including street, curb, gutter and sidewalk without forming a local improvement district,) would agree to said connections and would not protest the formation of a local improvement district for purposes of putting in various streets, curb, gutters, sidewalks, sewer and water service to serve the property in the future or would agree to contribute the necessary money for installation for City services including street, curb, AGREEMENT - Page 2 dsc chbbck08.312 r 0 gutter sidewalk, water and sewer ,f a local improvement district was not formed. J. If landowner does not agree to the foregoing, it would be Chubbuck's intent not to grant a building permit and not to permit development upon the property until the entire area or large portions of the area were platted and/or developed in the future. Landowner and Chubbuck mutually agree that it would be in each of their interests to allow orderly development in this area and not wait for the development of the entire area or major portions of the area. NOW THEREFORE in consideration of the covenants set forth herein, Chubbuck and landowner agree to enter into this agreement, agree that there is valid consideration for this agreement and each agrees to be bound by the terms of this agreement: 1. Chubbuck shall issue a building permit to landowner for development upon the property subject to compliance with the terms of this agreement and subject further to compliance with the other provisions of the Chubbuck City Code and the various building codes as incorporated into the Chubbuck Code by reference. 2. Landowner agrees to obtain access to the subject prop --y by virtue of_a_Private access which will be obtained by permission from various private landowners. 3. Landowner agrees that at any time in the future when the City requires landowner to connect to City services including sewer and water, landowner shall promptly proceed to do AGREEMENT - Page 3 dsc chbbck08.312 (Q� `J6005712 so and to ay all necessarya fer�aurh connection 4. Landowner further understands that Chubbuck may, in the future, form a local improvement district to develop municipal services in this area including curb, gutter and sidewalk and other services. Landowner agrees to permit the formation of the local improvement district, agrees that the subject premises will be included as a part of the local improvement district and waives the right to protest the formation of the local improvement district or the inclusion of the subject premises in the local improvement district. 5. Landowner further agrees that if Chubbuck implements a program to develop municipal services in this area, including curb, gutter and sidewalk and other services such as water and sewer without the formation of a local improvement district, landowner would agree to contribute landowner's proportionate share of those costs. Landowner understands that formation of a local improvement district is costly and the City may, in the future, endeavor to develop these services without the necessity of incurring the costs of a local improvement district. 6. Landowner further agrees that if a portion of the subject premises is required for municipal services or to be used as a part of a street or is needed for curb, gutter and sidewalk, that landowner will convey to the City, by easement or by deed, the portion of the subject premises that is necessary for such services and that the City shall not be required to further compensate landowner for said portion of the subject premises AGREEMENT - Page 4 dsc chbbckO8.312 96005'712 that may be required for the services or for a street, curb, gutter or sidewalk. Landowner believes the granting of a building permit by the City, pursuant to this agreement, is adequate -consideration for this future conveyance and that this consideration has been bargained for between the parties. 7. The City, in its future planning, will endeavor not to place municipal services or a street, curb, gutter or sidewalk through improvements upon the property, however, in the event there is no reasonable alternative, the City shall, pursuant to the preceding paragraph, have the right to use said portion of the subject premises and shall not be required to compensate landowner for any improvements that are damaged or removed by the City in the process. The City will not however remove or destroy any residential structure upon the property. 8. By entering into this agreement, Chubbuck does not warrant that municipal services or a local improvement district will actually be formed or put in but is merely entering into this agreement for the purposes of allowing orderly development and the future placement of those services if they become desirable or necessary as the area develops. 9. The parties specifically agree that Chubbuck shall not be obligated to put in any of the foregoing services at Chubbuck's cost and further agree that any services put in are put in with the intent that the property owners, through'a' local improvement district, or otherwise, shall bear the cost of so installing those services. 10. The parties agree that this agreement shall be recorded in the records of the Bannock County Recorder and further agree AGREEMENT - Page 5 dsc chbbck08.312 that all of the foregoing obligations of the landowner, individually and with respect to the subject premises, are covenants that shall run with the land and shall be binding upon future owners of the land in all respects. DATED this 5;��day of Rp. L DATED this day of Landowner: , 1991. 1 �1� , 1996. City of Chubbuc} qe4) D;� By: Title: STATE OF IDAHO ) :SS County of Bannock) On this 1511- day of 49r; L 19916, before me, the undersigne,Npta [Public in and for said State, personally appeared Ai+ W WA , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN W'.TNESS WHEREOF, I have hereunto set my hand and affixed MY official seal-the_day and year first written above. No *fa�ti 712 'ya,� �- _ - tl� �. F[V - T - °.EC�JRCr `,r "ECUEST?OF OW- Y PUBLIC - STATE OF IDAHO CITY OF CHUBBUCK Pion Expires: J01JqJqq SEAL) 1.0 CITY APP, 12 Pin 10 02 B001; NO Cf FICIAL FBn '`.L` BOOK NO 663')'"'!— .- & IDAHO RECORDER FH -24-00 I Ow AGREEMENT - Page 6 dsc chbbckO8.312 a 0 STATE OF IDAHO ?SS County of Bannock) On this lo'�` day of _ ii L �, 1996, before me, the undersigned Notary Pub is in an 'for said State, personally ap eared -J-0 Wt 0. [ + , known to me to be the r , respectively, of the municipal corporation that executed the same the within instrument, or the person who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE OF IDAHO A. My Commission Expires: ybll?47 ( SEAL) *044 Rr SEAL AGREEMENT - Page 7 dsc chbbck08.312 4 E M w 0 Tract to be kept. N. V-4 D- A tract iIn the WEkSW4 Section 2, Township 6 South, � Ll Range 34 East, Boise Meridian, Bannock County, Idaho, 0 more particularly described as follows: commencing at the Nw corner of W�EkSW� of said Section 2; Thence South along the West line of Said WkEkSWk 264 feet, more or less, to the Point of Beginning; Thence continuing South along the West line 198 feet; Thence East 3330 W]4 Of said, Thence North2,198afeet; Thence West 330to the West eof feet, more or less, Section 2, 1 to the Point of Beginning, subject to the road right of way across the east 25 feet thereof. i!v