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HomeMy WebLinkAboutItem #4 Legacy Park Div. 2/ao'�C\ CHUBBUCK 1 0 R H 0 Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: October 29, 2024 Re: Final Plat for Legacy Park Division 2 Applicant: Professional Services G. Brandon Ratliff 4902 Burley Drive, Suite 9 Chubbuck,ID 83202 Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 Application: Legacy Park Division 2, approximately 20.4 acres with 23 multi -family residential building lots, 1 commercial building lot, and 2 open space/stormwater lots, and 1 lot being dedicated to the City in exchange for property elsewhere, provided the City Council authorizes the exchange following the public hearing. Located in the NE '/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of New Day Parkway, east of Legacy Park Division 1. Generally located at the north end of Park Lawn drive. Existing Zoning: General Commercial (C-2) and Dense Residential (R-4) Existing Land Use: Agriculture Staff Report: The final plat for Legacy Park Division 2 substantially conforms to the preliminary plat approved by the City Council on September 21, 2022 with the following exceptions; Lots 13, 14, 15, and 16 have been reconfigured to better serve the development and provide additional property for future park improvements, no other changes to lots, streets and open space have occured. The final plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Community Services Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o A successful execution of a development agreement. If staff and developer are unable to reach a consensus of requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. o A zoning application be submitted and approved that will fix the dual zone of General Commercial (C-2) and Dense Residential (R-4) that is created on lot 15, block 2, by the lot line adjustments of this plat, prior to recording of this plat, or lot 15, block 2 be restricted as non -buildable until such zone change has occurred. Attachment: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Legacy Park Division 2 /944'C_\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us /6470_t_\ CHUBBUCK 1 0 0 H 0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A FINAL PLAT FOR LEGACY PARK DIVISION 2, APPROXIMATELY 20.4 ACRES LOCATED EAST OF LEGACY PARK DIVISION 1, GENERALLY LOCATED AT THE NORTH END OF PARK LAWN DRIVE FACTS REQUEST: The applicant proposes a 27 lot Final Plat for 23 multi -family residential building lots, 1 commercial building lot, and 2 open space/stormwater lots, and 1 lot being dedicated to the City in exchange for property elsewhere, provided the City Council authorizes the exchange following the public hearing, in the Legacy Park subdivision, Division 2. It includes extending Park Lawn Drive to the north for access and extending potable water, sanitary sewer, and pressurized irrigation mains with services through the development. TYPE OF COUNCIL ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). A decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. OWNER: G. Brandon Ratliff 4902 Burley Dr. Suite 9 Chubbuck, ID 83202 PROFESSIONAL SERVICES: Knudsen Engineering 609 W. Maple St. Pocatello, ID 83201 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of New Day Parkway, east of Legacy Park Division 1. Generally located at the north end of Park Lawn Drive. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2), Dense Residential (R-4) CURRENT LAND USE: agriculture PROJECT SIZE: ±20.4 acres VIEWS: Generally visible from the north and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2019: Yellowstone Ave. at Parklawn Ave, 11,953/day 2021: Yellowstone Ave. at New Day Prkwy, 10,492/day Final Plat Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) zone EAST: Residential/Vacant; Single Family Residential (R-1) zone, Limited Residential (R-2) zone, Limited Commercial (C-1) zone SOUTH: Multi -Family Residential / Public Park; Dense Residential (R-4) zone WEST: Residential; General Commercial (C-2) zone SERVICES: ACCESS STREET: Current access from Park Lawn Drive FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department SURFACE WATER RIGHTS: Bureau of Indian Affairs — Fort Hall Irrigation Project PROCEDURES: In accordance with City Code 17.12.200 and Resolution 2023-09, a complete petition and fees for a final plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.200. In accordance with City Code 17.12.130, a final plat application was filed in time to be reviewed in accordance with a preliminary plat which was approved on September 21, 2022. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. In accordance with City Code 17.12.220, the Community Services Director found that the final plat application met substantial conformity with the approved preliminary plat. In accordance with City Code 17.12.230, the record was reviewed on January 3, 2024 by the City Council. 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 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. 194�0t\ CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Final Plat as found in city code section 17.12.100, the City Council finds the following: 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. A successful execution of a development agreement. If staff and developer are unable to reach a consensus of requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. b. A zoning application be submitted and approved that will fix the dual zone of General Commercial (C-2) and Dense Residential (R-4) that is created on lot 15, block 2, by the lot line adjustments of this plat, prior to recording of this plat, or lot 15, block 2 be restricted as non -buildable until such zone change has occurred. The final plat proposal substantially conforms with the approved preliminary plat, meaning that the following are found: The number of lots have not increased nor has there been a significant change in the configuration of lots; b. The street alignment has not changed significantly; c. No additional streets are proposed; d. There has not been a significant change, of more than 10%, in the size or location of open space whether public or private; e. No other changes have occurred that have affected the reviewed and approved preliminary plat. ORDER. CONCLUSION AND DECISION; PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Final Plat as herein described, shall be APPROVED. 2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. 1940�t-\ CHUBBUCK I D A H D 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. Approval of the final plat is valid for a period of two (2) years. Approval of a final plat does not assure final acceptance of any dedications, continuation of any existing design and construction regulations, or continuation of any existing land use regulations governing the subject land or other properties in the area. If the final plat is not recorded and improvements and structures intended for dedication to the public are not begun within a one year period from the date of Council approval, the final plat and supporting documents shall be resubmitted to the City for a review of compliance to then existing applicable ordinances and regulations. 5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first request a reconsideration of this decision to the City Council in accordance with section 18.28.090 of city code. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 20 /944'C-\ 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 NORTH 1/4 CORNER OF SECTION 3, NEW DAYPAIFKWAY FOUND ITD MONUMENT IN VAULT. BASIS OF BEARINGS SEE CP&F INST. NOS. 21111672 (P1-S1-S3-S89°3644"E 2650.75) 34 S 89°36'44" E 2650.75' _ 3 SURVEYOR'S NARRATIVE 1. THE PURPOSE OF THIS SURVEY IS TO SUBDIVIDE A 20.40 ACRE PARCEL OF LAND INTO THE LOTS, BLOCKS AND STREETS AS SHOWN FOR FUTURE RESIDENTIAL & COMMERCIAL DEVELOPMENT. 2. THE NORTH BOUNDARY LINE WAS DETERMINED TO BE ALONG THE SOUTH RIGHT-OF-WAY LINE OF NEW DAY PARKWAY. THE EAST BOUNDARY LINE WAS DETERMINED TO BE ALONG THE WEST RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD TRACKS. THE SOUTH BOUNDARY LINE WAS DETERMINED TO BE ALONG THE NORTH BOUNDARY OF DIAMOND COURT SUBDIVISION (RECORD INST. NO. 96014662). SOME OF THE WEST BOUNDARY LINES WERE DETERMINED TO BE ALONG THE EAST BOUNDARY LINES OF LEGACY PARK SUBDIVISION (RECORD INST. NO. 22215131). THE REMAINING WESTERLY AND NORTHERLY BOUNDARY LINES ARE NEW DELINEATIONS. W � I Q � W■__ O N�N cMo N "I p oZoN O 1?M Z O � � o V cn W1-0 3. EASEMENTS ALONG BRISCOE ROAD AND PARK LAWN DRIVE ARE 15.00 FEET WIDE UNLESS OTHERWISE NOTED AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES. 4. LOT RESTRICTIONS: - LOT 1, BLOCK 1 AND LOT 1, BLOCK 2 ARE RESERVED AS OPEN SPACE LOTS FOR STORM WATER RETENTION. SAID LOTS TO BE OWNED AND MAINTAINED BY THE HOME OWNER'S ASSOCIATION AND WILL BE DEFINED IN THE CC&R'S. - LOTS 2-11, BLOCK 1 AND LOTS 1-11 & 13, 15, 16, BLOCK 2 SHALL UTILIZE A COMMON SHARED ACCESS & MAINTENANCE AGREEMENT AND WILL BE DEFINED IN THE CC&R'S. - LOT 1, BLOCK 1 AND LOTS 1 & 12, BLOCK 2 ARE RESTRICTED FROM HAVING VEHICULAR ACCESS OFF OF BRISCOE ROAD. - LOT 16, BLOCK 2 IS RESTRICTED FROM HAVING VEHICULAR ACCESS OFF OF NEW DAY PARKWAY. v - LOTS 2-11, BLOCK 1 AND LOTS 1-12, BLOCK 2 ARE RESTRICTED TO THE Co VEHICULAR ACCESS POINTS SHOWN ON THIS PLAT ONTO PARK LAWN DRIVE. - LOT 14, BLOCK 2 WILL BE DEDICATED TO THE CITY OF CHUBBUCK AND ACCESSED THROUGH LOT 13, BLOCK 1 OF DIAMOND COURT SUBDIVISION (RECORD INST. NO. 96014662). 5. THE PURPOSE OF THIS EASEMENT IS TO PROVIDE PERMANENT VEHICULAR ACCESS TO LOT 15, THROUGH LOT 13. SAID ACCESS EASEMENT MAY BE MODIFIED & RELOCATED UPON THE DEVELOPMENT OF LOTS 13 & 15 IN ORDER TO MEET THE FUTURE DEVELOPER'S LAYOUT. 6. THE PURPOSE OF THIS EASEMENT IS TO PROVIDE PERMANENT VEHICULAR ACCESS TO LOT 16, THROUGH LOT 15 AND FOR PUBLIC UTILITIES. SAID EASEMENT MAY BE MODIFIED & RELOCATED UPON THE DEVELOPMENT OF LOT 15 IN ORDER TO MEET THE FUTURE DEVELOPER'S LAYOUT. I LOT5 LOT6 BL OCK2 BR/SCOE ROAD _ M S 89°37'05" W 555.55' 00 (PI -S89°3705"W 55555) �p M LEGACY PARK - DIVISION 2 LOCATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, _ RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO 34 35 1567.82' - - - - - - 1082.93' 3 4 EXISTING 20' WIDE UTILITY & SLOPE EASEMENT o NORTHEAST CORNER OF (INST. NO. 22202404) 00 SECTION 3, FOUND ALUMINUM SOUTH RIGHT-OF-WAY LINE OF NEW DAY PARKWAY PER INST. NO. 22204105 L1 CAP MONUMENT AS DESCRIBED IN CP&F INST NOS 22300404 L9 I EXISTING 10' WIDE i 133.45' UTILITY EASEMENT oAA e , 18.02' v/ C4 f / i EXISTING 35 WIDE UTILITY & STORM WATER (INST. NO. 22202404) 00l 1 l 1 I DRAIN EASEMENT RECORD INFORMATION PER CONTROL SURVEY 10.54' 27.50' 135i52'jo i (S1-) FOR THE CITY OF CHUBBUCK (INST. NO. 20915791) 0 (INST. NO. 22202404) V 01 I UTILITY EASEMENT I I RECORD INFORMATION PER LEGACY PARK m N w 00 I N1 I `° Ito INST. NO. N i6 SEE RECORD OF SURVEY INTRASTATE DEVELOPMENT T"W I I N t I O (P2 -J RECORD INFORMATION PER DIAMOND COURT INST. NO. 22204105 GROUP INC. Z M1 Im CoI o.14ac 1 I INST. NO. 22206837 N o I 1 Cl) 105.00' N I N I m 15' WIDE PUBLIC ACCESS & of z I I o o w I� UTILITY EASEMENT. SEE O ZI 1 1 cn 105.00 w1 INST. NO. (S3-) RECORD INFORMATION PER RECORD OF SURVEY Z M I 1 Cl) 10.00'---1 GARY G. RATLIFF l o I Z 1 l 0 1 U) 15' WIDE PUBLIC ACCESS & UTILITY EASEMENT. SEE INST. NO. 22119823 L5 77.55' I1 --- J L40.93' Q O INST. NO. N 3 5 Iwww S 89036'21 " E 569.84' 199.96' 189.06' - - - V oAA e , 18.02' v/ C4 f 22.93' z m V: � I IN ----------S89°36'21"E519.63'---------- J loo C5 C6 1 IZ - _ _ _----S89°36'21"E554.68---- I -N N 10 85' O`9 LS 82.49 �T T� 437.19' - - - - - - - J W -1.64' 1 1 0 0 1 35.00' WIDE PUBLIC LEGACY PARK SUBDIVISION N : 021 act G�� �6. 12 I Co I o o I ACCESS &UTILITY INST. NO. 22215131 LOTS a =nloo % (RJ N N o 0o N 35' X 80' PUBLIC EASEMENT. In cD N DRi / / 5.66' O. f9 AC 1 I I UTILITY EASEMENT (SEE NOTE 6) BLOCK / N � , I L_ a 0 CO� U co`� 135.52, 1 15 I 1 .ORTH CS 89°36'21" E 8.01 AC ACCESS POINT p c, \`��qJ oo I 11 0 0 35.00' SEE NOTE 4 Co k--" ) Z L2 39.13' 1 100.01 109.78' o � » 1 o M� O.f7acl 2 LOT4 I � 0.30ac � 100.01' N IFf-z� o f0o BLACK 1 Cy o 0.14 AC I o I v Co 00 C° 1 `° 99.50' v rn 100.01' 3 CD °^r,° Co o 9 I o 10.16 AC wl6- 0.14ACI 100.01' C° 99.50'- N20.00' o Nl_ 71.00' 0 8 4 T, N o 0.f4AC1 8 N 10.16AC N 0 o 100.01' CO o 1 (RJ I Z07-1 O 99.50' Z o 7 1 0 6 0.14 AC I - 1 10.00'1 100 01' 3.38' / i I O, i9 aC � (RJ I REFERENCEDOCUNENTS l ILr) I M RECORD INFORMATION PER CONTROL SURVEY 10.54' 27.50' 135i52'jo i (S1-) FOR THE CITY OF CHUBBUCK (INST. NO. 20915791) 0 o V 1 b C:' 1 o.22ac � I (PI -1 RECORD INFORMATION PER LEGACY PARK m M) �-1 Z I SUBDIVISION (INST. NO. 22215131) N i6 BLOCK 2 l 'q 2.81 AC I O (P2 -J RECORD INFORMATION PER DIAMOND COURT wl la 14 AC ( Z 1 inch = 100' SUBDIVISION (INST. NO. 96014992) CoI o.14ac 14 M 2.05ac NI PUBLIC UTILITY 66.00' 105 00' 100 00' EASEMENT 105.00' RECORD INFORMATION PER RECORD OF SURVEY Ml m I G N I0.18AC (S2-) FOR SWITCHBACK MOTORSPORTS (INST. NOS. N SRI I " OMi I `' 22302545 & 22302645) O 105.00 100.00' (S3-) RECORD INFORMATION PER RECORD OF SURVEY Z FOR SPUD BUDDIES, LLC (INST. NO. 22204105) GARY G. RATLIFF l ti INST. NO. 22119823 crj N Iwww S 89036'21 " E 569.84' 199.96' � - - - - - - - - W N M Iw I Moo t"� SIMI� ��� 1� IC) MIM I �o Iw T- 22.93' z m V: � I IN ----------S89°36'21"E519.63'---------- J loo C5 C6 1 IZ - _ _ _----S89°36'21"E554.68---- I -N N 10 85' O`9 LS 82.49 �T T� 437.19' - - - - - - - J W -1.64' 1 1 0 0 1 35.00' WIDE PUBLIC LEGACY PARK SUBDIVISION N : 021 act G�� �6. 12 I Co I o o I ACCESS &UTILITY INST. NO. 22215131 LOTS a =nloo % (RJ N N o 0o N 35' X 80' PUBLIC EASEMENT. In cD N DRi / / 5.66' O. f9 AC 1 I I UTILITY EASEMENT (SEE NOTE 6) BLOCK / N � , I L_ a 0 CO� U co`� 135.52, 1 15 I 1 .ORTH CS 89°36'21" E 8.01 AC ACCESS POINT p c, \`��qJ oo I 11 0 0 35.00' SEE NOTE 4 Co k--" ) Z L2 39.13' 1 100.01 109.78' o � » 1 o M� O.f7acl 2 LOT4 I � 0.30ac � 100.01' N IFf-z� o f0o BLACK 1 Cy o 0.14 AC I o I v Co 00 C° 1 `° 99.50' v rn 100.01' 3 CD °^r,° Co o 9 I o 10.16 AC wl6- 0.14ACI 100.01' C° 99.50'- N20.00' o Nl_ 71.00' 0 8 4 T, N o 0.f4AC1 8 N 10.16AC N 0 o 100.01' CO o 1 (RJ I Z07-1 O 99.50' Z o 7 1 0 6 0.14 AC I - 1 10.00'1 100 01' 3.38' / i I O, i9 aC � (RJ 381.34' 912Ac ILr) I M 10.54' 27.50' 135i52'jo i GRAPHIC SCALE ACCESS EASEMENT (SEE NOTE 5) 0 o 105.00' 100.00' 1 38.00' C:' 1 o.22ac � I 100 0 50 100 00 CO 1 I 001 4OJ F 7 00 103.81' 100.00' BLOCK 2 l ml 25.25' I�gJo 1 9 0 1 ( IN FEET) I M la 14 AC ( I 10.00' WIDE 1 inch = 100' 1.87AC CoI o.14ac 14 M 2.05ac NI PUBLIC UTILITY 66.00' 105 00' 100 00' EASEMENT 105.00' I O 0 .Z (Rl 00 1 CENTER 1/4 CORNER I L _ "_' 4 OF SECTION 3, FOUND I� 6 I ITD MONUMENT IN o o.isacl 0 0.28AC o 00 VAULT. SEE CP&F 100.01' _ 99. � 33' 33' INST. NOS. 21320659 JRG HOLDINGS (S2 -S89°3 "E) INST. NO. 22304607 ACCESS POINT 3 SEE RECORD OF SURVEY (SEE NOTE 4) INST. NOS. 22302545 & 22302645 I . I 1 3 I o,23ac 50.00' S 89°36'40" E 733.15' v I I 8 ��(RJJ rn LO. 22aC 351.81' I� 381.34' ACCESS POINT I ILr) I N I °' l 1 (SEE NOTE 4) b 24.00' I So L % ACCESS EASEMENT (SEE NOTE 5) 105.00' 100.00' 1 Ii BLOCK 2 L 75.00' 001 4OJ F 7 00 p� N rn1 0.23AC I rn 10.23AC rn f3 o I �R! I~ 71.00' - Co 1.87AC o N 14 M 2.05ac NI (RJ M o CD �q� 105.00' 100.00' I 5 �1 O.f9aC I I G N I0.18AC U) SRI I " OMi I `' 105.00 100.00' 352.08' 387.82' N 89036'40" W 1210.41' (PI -N89-3621"W) DIAMOND COURT SUBDIVISION LOT /2 Z07-11 (P2-N89'56'11"W) Z07-9 INST. NO. 96014662 LOT /3 BL OCK / LOT /O / I BL OCK / \o�PA- LAS/\ G\STERE SG�G \TEOF 10P��v� h'EW S. w LEGEND 34 35 3 4 FOUND SECTION CORNER AS NOTED 34 FOUND 1/4 CORNER AS NOTED 3 FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM CAP STAMPED "SLS LS 13023" OR AS NOTED ❑ FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "SLS LS 13023" OR AS NOTED © FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "PLS 5360" SET 5/8 BY 24 INCH REBAR WITH ALUMINUM CAP STAMPED "LS 13023" SET 1/2 BY 24 INCH REBAR WITH PLASTIC CAP STAMPED T & "LS 13023" (LOT CORNERS & END OF CURVES) 5 / BLOCK 1 SUBDIVISION LOT/BLOCK NUMBER LOT //BLOCK/ EXISTING SUBDIVISION LOT/BLOCK NUMBER SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINES STREET CENTERLINE SECTION LINES ADJACENT PROPERTY LINES - - - - - - - - - NEW EASEMENT SIDELINE EXISTING EASEMENT SIDELINE (RJ INDICATES A RESTRICTED LOT. SEE NOTE 4. BASIS OFBEAR/NG THE NORTH LINE OF SECTION 3 WAS ASSUMED TO BE SOUTH 89°36'44" EAST BETWEEN THE NORTH 1/4 CORNER AND THE NORTHEAST CORNER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. COUNTYRECORDER'S CERT/F/CATE CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 150.00' 59°49'04" 156.60' 86.28' N 59°42'33" E 149.59' C3 800.00' 9°39'03" 134.75' 67.53' N 26°03'41" E 134.59' C4 300.00' 17°05'03" 89.45' 45.06' N 81'50'23" W 89.12' C5 225.00' 27°26'47" 107.78' 54.95' S 87°01'15" E 106.75' C6 300.00' 9'11'27" 48.12' 24.11' S 83051'04" W 48.07' C7 600.00' 16°43'44" 175.18' 88.22' S 22°31'21" W 174.56' C8 300.00' 13°42'05" 71.74' 36.04' S 07'18'26" W 71.57' C9 60.00' 112031'15" 117.83' 89.83' N 34007'17" W 99.79' C10 50.09' 111049'23" 97.75' 74.01' S 33033'00" E 82.96' C11 200.00' 75°10'17" 262.40' 153.94' S 52048'30" W 243.98' C12 833.00' 7°40'08" 111.50' 55.83' N 14052'58" E 111.41' C13 533.00' 10049'43" 100.73' 50.52' N 05038'02" E 100.58' C14 548.00' 10'49'43" 103.57' 51.94' N 05°38'02" E 103.41' C15 848.00' 7°20'01" 108.54' 54.34' N 14°42'54" E 108.47' C16 833.00' 1'14'09" 17.97' 8.98' N 19°20'06" E 17.97' LINE TABLE # BEARING DISTANCE (REFERENCES) L1 S 89°36'44" E 130.10' (S3 - S 89 '36 44 " E) L2 N 89032'36" W 170.66' (P1-N89°3236"W 170.66) L3 S 89037'05" W 48.55' (P1-N89°3705"E 26.00) L4 N 68000'54" W 68.10' L5 N 89°36'21" W 49.59' L6 S 89°37'05" W 1.94' L7 S 73'17'52" E 60.46' L8 N 30'53'12" E 24.25' L9 S 20°36'34" W 19.09' L10 N 11 002'54" E 23.65' L11 N 11 002'54" E 23.65' OEYELOPMENTAGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE A PART OF THIS PLAT. DECLARATION OFCOYENANTS, C0N0/T/ONSAND RESTR/CT/ONS ARE RECORDED AS INSTRUMENT NUMBER AND ARE HEREBY MADE A PART OF THE PLAT CUL/NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. /RR/GAT/ON WATER R/GHTS STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND THE CITY OF CHUBBUCK CODE SECTION 13.12.230. PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK SAN/TARY RESTR/CT/ONS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINE HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: HEALTH DISTRICT SIGNATURE: LEGACY PARK - DIVISION 2 LOCATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BOUNDAR,vBfSCIR/PT/ON A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 3, BEING MARKED BY AN ITD MONUMENT IN A VAULT AS DESCRIBED IN CORNER PERPETUATION & FILING INST. NO. 21111672; THENCE SOUTH 89°36'44" EAST, FOLLOWING ALONG THE NORTH LINE OF SECTION 3, A DISTANCE OF 1567.82 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD TRACKS; THENCE SOUTH 01°12'43" EAST, LEAVING SAID NORTH LINE OF SECTION 3 AND FOLLOWING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 85.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°12'43" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1423.76 FEET TO THE NORTHEAST CORNER OF LOT 13, BLOCK 1 OF DIAMOND COURT SUBDIVISION (RECORD INST. NO. 96014662); THENCE NORTH 89°36'40" WEST, LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND FOLLOWING ALONG THE NORTH BOUNDARY OF SAID DIAMOND COURT SUBDIVISION, A DISTANCE OF 1210.41 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF LEGACY PARK SUBDIVISION (RECORD INST. NO. 22215131) THENCE FOLLOWING ALONG THE EASTERLY BOUNDARY OF SAID LEGACY PARK SUBDIVISION FOR THE FOLLOWING FOUR (4) COURSES: 1. NORTH 00°27'24" EAST A DISTANCE OF 386.82 FEET; 2. SOUTH 89°36'44" EAST A DISTANCE OF 170.66 FEET; 3. NORTH 00°22'55" WEST A DISTANCE OF 228.68 FEET; 4. NORTH 89°37'05" EAST A DISTANCE OF 64.88 FEET TO A POINT OF TANGENCY WITH A 150.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS NORTH 00°22'55" WEST; THENCE FOLLOWING SAID CURVE IN A COUNTER -CLOCKWISE DIRECTION THROUGH A CENTRAL ANGLE OF 59°49'04" FOR AN ARC LENGTH OF 156.60 FEET (THE CHORD OF SAID CURVE BEARS NORTH 59°42'33" EAST A DISTANCE OF 149.59 FEET) TO A POINT OF NON -TANGENCY; THENCE SOUTH 68°00'54" EAST A DISTANCE OF 68.10 FEET; THENCE NORTH 20°36'34" EAST A DISTANCE OF 19.09 FEET; THENCE SOUTH 89°36'21" EAST A DISTANCE OF 575.67 FEET; THENCE NORTH 00°23'39" EAST A DISTANCE OF 441.29 FEET; THENCE SOUTH 89°36'21" EAST A DISTANCE OF 49.59 FEET; THENCE NORTH 00'24'11" EAST A DISTANCE OF 296.87 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NEW DAY PARKWAY; THENCE SOUTH 89°36'44" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 130.10 FEET TO THE POINT OF BEGINNING. CONTAINING 20.38 ACRES, MORE OR LESS. OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE SUBDIVISION INTO BLOCKS, LOTS AND STREETS TO BE HEREAFTER KNOWN AS LEGACY PARK - DIVISION 2. WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS, LOTS AND STREETS ARE TO BE AS SHOWN ONT HE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OF-WAY ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENT FOR PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST. THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE CITY UNTIL ACCEPTED. GARY G. RATLIFF (PRESIDENT) INTRASTATE DEVELOPMENT GROUP, INC. G. BRANDON RATLIFF ACKNOWLEDGMENT STATE OF IDAHO, COUNTY OF JENNIE RATLIFF ON THIS DAY OF , IN THE YEAR 20 , BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED GARY G. & JENNIE RATLIFF, HUSBAND AND WIFE, AND G. BRANDON RATLIFF KNOWN OR IDENTIFIED TO ME, TO BE THE OWNERS THAT EXECUTED THE INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH EXECUTED THE SAME ON THEIR BEHALF. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. MY COMMISSION EXPIRES DAY OF 20 CITY OFCHUBBUCK THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED BY THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF 20 KEVIN ENGLAND, MAYOR BRIDGER MORRISON, P.E., CITY ENGINEER COUNTY SURVEYOR'S CERTIFICATE JOEY BOWERS, CITY CLERK I, , A LICENSED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE REQUIREMENT OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I APPROVE THE SAME FOR FILING THIS DAY OF 20 BANNOCK COUNTY SURVEYOR PLS NO. COUNTY TREASURER'S CERTIFICATE PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL. THROUGH JENNIFER CLARK, COUNTY TREASURER DATE SURVEYOR'S CERTIFICATE I, MATTHEW S. BAKER, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE PREMISES DESCRIBED IN THE BOUNDARY DESCRIPTION AND SHOWN ON THIS PLAT UPON WHICH THIS CERTIFICATION APPEARS. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND THAT THE MONUMENTATION SHOWN CONFORMS WITH THAT SET ON THE GROUND AND THAT THE PERTINENT STATUTES OF THE STATE OF IDAHO, TOGETHER WITH ALL LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. FANO �C\S T MATTHEW S. BAKER _ DATE \yEW 5.8� COUNTYRECOROER'S CERTIFICATE