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HomeMy Public PortalAboutPine Creek Ranch Request For Inclusion 2021_OctPINE CREEK RANCH, LLC An Idaho limited liability company Company Resolution The managers executing this Resolution, authorized under the Operating Agreement for Pine Creek Ranch, LLC an Idaho limited liability company, hereby unanimously agree to apply for annexation to the Payette Lakes Recreational Sewer and Water District. The mangers authorize R. Craig Groves, as Manager, for Pine Creek Ranch to execute the application for Annexation. Dated: 9/212021 6 29 AM MDT 911,'2021 8.04 PM MDT Dated: Pine Creek Ranch, LLC Pine Creek Ranch, LLC Brecl2 tu.wcaw By: Breck Duncan It's Manager crtti.g 4roves By: R. Craig Groves It's: Manager PETITION FOR INCLUSION OR ANNEXATION OF PROPERTY COME NOW, P�ru�C2e -PAM hi, LLC. A 1.46A _L b . CO,ru, A? (hereinafter, "Petitioner"), owners of that certain real property more particularly escribed by the legal description and map attached hereto as Exhibit A and incorporated herein by this reference, and hereby petitions the Payette Lakes Recreational Water and Sewer District, Valley County, Idaho (the "District") that the property described on Exhibit A (the "Property") be included in or annexed to the District according to the provisions set forth in Section 42-3218 of the Idaho Code and the policies and procedures of the District. Petitioner is the record owner of the Property as evidenced by the copy of deed attached hereto as Exhibit B. Petitioner understands, acknowledges and agrees that any inclusion in or annexation to the District must meet the standard terms and conditions set forth in Exhibit C hereto, and, by submission of this Petition, Petitioner agrees to be bound by Exhibit C. Petitioner further understands, acknowledges and agrees that the inclusion or annexation of the Property may be subject to such other and further conditions as determined by the District's Board of Directors, in its discretion, to be necessary, desirable or appropriate. In support of this Petition, Petitioner further states and represents as follows: (1) included with this Petition is the associated filing fee in the amount of five hundred dollars ($500.00), and (2) the Property currently adjoins or is in close proximity to the present boundaries of the District and is entirely situated within Valley County, Idaho. Dated this 2 day of Se1202(.. PETITIONER/OWNER(S)t: -�-�-�`�-" Petitioner I: File, ci zek- Rivc#►, Signature: Name (Please Print): Address:,., 151Sla ,_,. .0)061 Phone: 2 oey 7 E-mail Address: fj J LLC. All owners of the Property must sign the Petition. If the Property is owned by a business entity, the entity shall additionally provide a corporate resolution or other documentation acceptable to the District authorizing the Petition and evidencing that the person(s) signing the Petition has/have the authority to do so on behalf of such entity. Petition for Inclusion or Annexation of Real Property - 4M33.0004.12925582.1 Signatures Continued Petitioner 2 (if applicable): Signature: Name (Please Print): Address: Phone: E-mail Address: Petitioner 3 (if applicable): Signature Name (Please Print): Address: Phone: E-mail Address: Petitioner 4 (if applicable): Signature Name (Please Print} Address: Phone: E-mail Addre Petition for Inclusion or Annexation of Real Property - 2 48433.0004.12925582.1 ACKNOWLEDGMENTS Individual Owners: Petitioner 1: STATE OF IDAHO ) )ss. County of ) On this day of ' , before me, a Notary Public, in and for said State, personally appeared:_ , known or identified to me to be the individual whose name is subs; <d to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF; have hereunto set my hand and affixed my official seal the day and year in this certificate ; 'st above written. Notary Public for Idaho Residing at My Commission Expires: Petitioner 2 (if applicable): STATE OF IDAHO ) )ss. County of ) On this day of m�F X202 before me, a Notary Public, in and for said State, personally appeared: , known or identified to me to be the individual whose name is , bscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHER ° F, I have hereunto set my hand and affixed my official seal the day and year in this certific<:,. first above written. Notary Public for Idaho Residing at s LL „ Pqw� My Commission Expires: Petition for Inclusion or Annexation of Real Property - 3 4433.0004.12925582 I Petitioner 3 (if applicable): STATE OF IDAHO ) )ss. County of ) On this day of ,202 said State, personally appeared: me to be the individual whose name is subsc me that he/she executed the same. IN WITNESS WHEREOF, I he within instru ore me, a Notary Public, in and for known or identified to nt, and acknowledged to ha; hereunto set my hand and affixed my official seal the day and year in this certificate first a;* *ve written. Notary Public for Idaho Residing at _ My Commissi Petitioner 4 (if applicable): STATE OF IDAHO ) )ss. County of ) On this eWa„ day of ,202 said State, personally appeared: me to be the individual whose name is subscribe, .o th me that he/she executed the same. Expires: ore me, a Notary Public, in and for known or identified to ithin instrument, and acknowledged to IN WITNESS WHEREOF, I hay ' ercunto set my hand and affixed my official seal the day and year in this certificate first abo ''written. Notary Public for Idaho Residing at My Commission Expires: Petition for Inclusion or Annexation of Real Property - 4 48433.0004.12425582.1 entity Owner: STATE OF IDAHO ) )ss. County of a(, On this day of , 202 before me, a Notary Public in and for said State, personally appeared y known or identified to me to entity that executed a within instrument, or the be the of t- &t"tr c,, Via._ the t, person who executed the instrument on behalf of said entity, and acknowledged to me that such entity executed the same. TN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Pe t Notary Pu ic f r Id ' o Residing at C My Commission Expires: n for Inclusion or Annexation of Real Property - 5 48433.0004.I2925582.1 II r°ro e I :ee ached) ition for Inclusion or Annexation of a Property - 6 4.12921112 ,1 ocec;: °ALENC LEWISTO: CALL ROME PROJECT LOCATION op.ftO a ALLS VIELUO IWIN/FALLS PAYETTE LAKE CENGINEERS CRESTLINE 323 DEINHARD LANE, SUITE C • PO BOX 2330 McCALL, IDAHO 83638 208.634.4140 208 634 4146 FAX PROJECT LOCATION PINE CREEK RANCH McCALL, IDAHO VICINITY MAP 210121 DRAWN L FIGURE NO NORTH SCALE: 1" = 2,000' 4/5/2021 AMDI 1 OF 1 to Meat 1/4 Car. Sec. 15 N89' 47 24 -W 2 1.15 7 I Mc Coll -D onne lly Sc ho ol 51st n � Fox Ridge Lo t 6 6 Lot 7 c Lot 8 0 Lot 9 FO X LA NE Lot 111L28 fo rme rLt 5 NE C RS W est Place Fo x Ridge Lot 12 Lot 13 i O _ m Lot 14 i Lot 15 Sewer District Bou ndary Lot 16 m 0, r. W 0 z WEST PLACE Reco rder's Plot See Record of Survey Bk. 3 P9. 181 #180008, 5/7/91 Lot 5 Blo ck 2 See Record of Survey Bk. 4 Pg.79 1189847. 8/19/92 Lot 3 Block See Record of Survey 85. 12 Pg.60 /379588, 8%1/13 D rs W z '47.52`E 438.95 N8951'59%4 666.94 of Lo 1 32 I Lo t 33 No. 2 8k5 Pg. Sewn District Boundary I of 351Lat 36 I Lot 37 74234. 7/30�►/r}�0++ 3 by TX C1/44 �g� 166.00 Lo t 41 Block 2 See Reco rd of Surv ey Bk. 9 Pg. 21 #304166, 12/22/05 Resolution No. 2020-2 S89'48'32' E 682.83 Sewer District Boundary 889' 46'49'E 1139,53 90. 69 Acres Sec tion 15, T.18N. , R, JE.. , Bo ise Meridian, Volle y Carty Idaho 0 BET -2 N 1178704.4840 E 2558090.7050 orlho.El 5129.82 SPC, ID -W. NA083, Epo ch 10, Geold 18 1.26 N89'44'28`W 608 .26 0444* BF tqqS' 6 Lot 9 Block 3 NEST PLACE Recorders Plot See Re cord of S urv ey k .3 Pg .209 #181785, 7/30/91 N89'49 '59'* 889.35 See R ecord of S urvey 135 .2 Pg .121 #151448. 5/7/87 STOCKTON 90 ANNEXATION PARCEL fo r Payette La ke s Recreationa l Wate r and Sewer District a pplicant Pine Creek Ranch LLC RU SSF1, i S JRVEYiNG, INC . U erne.d a All IM eestwn Stoles P.O. e.. 045, 702 w. moo nlit Wed - 4450 UUe3e 200-e34-Mo7, 204-530-4737 -‚me 1 REZ O at . 4/13121 4R It (C, CE 1/16 0 N89 '55'06'W 628 .35 SE 1/16 L25 Lot 4 Bl ock 4 See Record of Sur vey 05.6 Pg ,574 #233891, 75/98 f or Letoad . U se Tabl e, end Ce rtification nee Sheet 2 RS REST PLACE Reco rd ers Plot 84. 4 Pg. 27 of plat s /78732 4/13/1973 by LB LINE TABLE LINE I LENGTH BEARING Exterior Stoc kton 90 parc el L23 L24 L26 L28 1500 9.93 59.95 7.83 N00'24' 48"E 500. 23'32 V N89.39'42' v S89`00'46•V Tie SE 1/16 car, to NE Ves t Place L251 5. 63 568'45'39"E Tie SW Sto ckton 90 to NE Lo t 3 Block 2 Vest Pla ce L27L 29.801 S0O"38' 12'E Reso lution No. 2020-2 LEGEND T = Fo un d 1/4 corner = Fo und 5/8" rebor bare, or as noted = Found 1/2" rebar bare, or os n oted CB = Carlyle Briggs CE 666 DK = Don Koskie LS 848 TK = Torn Ke rr LS 998 JD = Joe l Droulard LS 5357 BF = Bob Fodrea LS 5618 JR = Jo hn Ru ssell LS 6021 RS = Rod Skiftun LS 9585 C3 = Fou nd 1.5" square headed iron bolt SURVEY NARRATIVE [I, C. 55-1906-6 (o —c)) a. The surv ey woe performed to do cument the exterior boun dar y of the 'Stockto n 90' pa rcel fo r annexation Into the Payette Lake Recreational Water & Sewer District . MI fou nd monument. appe ar to be original and in tru e plan po sition. Meosured distan ces between found original mo numents ore shown. b. The respe ctive deeds; found monuments: noted Records of Surv ey, and th e noted plots control this s urre y. c. Vertica l co mpon ent fo r topogra phy is ba sed an Geoid 16. T ies to public len d envo y [LC. 55-1906-5k Co rner rec ord Ins trumen t nu mbe rs are shown hereon. SURVEY NOTES: Su rvey was performe d with Trimble 5800 & Topto n Hip er VR rlk—GPS units and Nik on 1" Total Station. Co ntrol Point BET -2 was corrected using NGS OPUS CORS s olution s for 19 hou rs o bs ervations in Fe bruary, Moy & A ugust 2021. All draftin g elemen ts are at ground State Plane Coordinates HAVE been modified in the dr awing . To sca le down to grid. use o Combined Fact or of .999698760 apalled at BET -2. Elevations ore at ground. derived from the G eoid 18 model. Epo ch 2010. earrings ore Grid. Mapping angle Is —014'00.899". THIS DRAWING IS AT GROUND I, John Russell, Idaho Prof essional Land Surveyor #5021, do hereby c ertify that this plat was prepared from notes taken d uring an actu al sur vey mode by me or u nder my dir ect supervisio n, from Ja nuary thr u August 2021 and that It c orre ctly represe nt s the points, courses and distances as record ed in said field notes. 20-1046 5rret i STOCKTON 90 ANNEXATION PARCEL for Payette Lakes Recreational W ater and Se wer District applicant Pine Creek Ranch LLC RUSSELL SURVEYING, INC . U oineed St Ae an wen/ n Stet.. 1'.O. s.. 046, tat W. lwe rd. roC ee - M ho 53535 255-634-7501, 205-0 .10-4137 2 eft 100' SCALE: 1" = 200' Beorings based on GPS derived St at e Pl ane Grid LEGAL DESCRIPTION Payette Lake Recreational Water & Sewer District 'Stockton 90' Annexation Proposal from Pine Creek Ranch LLC A parcel of land locally known as the 'Stockton 90', proposed for annexation into the Payette Lake Recreational Water & Sewer District, as proposed by Pine Creek Ranch LLC. Said parcel falls in the Southeast 1 Northwest'4, the Northwest V4 Southeast'/, and the Northeast V4 Southwest !,:t of Section 15, Township 18 North, Range 3 East, Boise Meridian, Valley County Idaho, and is more particularly described as follows: Commencing at the West 4 corner of said Section 15; thence along the center of section line S.89°47'24"E., 1321.15 feet to the Center West 1/16 corner of said section, also the northeast corner of the Fox Ridge Subdivision, falling on the current sewer district boundary, and the Point of Beginning, Thence departing said Center West 1/16 corner, and along said sewer district boundary, N.0°24'48"E., 10.00 feet to a point; Thence 5.89'47'52"E., 438.95 feet to a point on the west boundary of The Woodlands No. 2 Subdivision; Thence along said west boundary S.0'23'40"W., 9,88 feet to a point, being the southwest corner of said Woodlands No. 2 subdivision; Thence along the south boundary of said subdivision, 5.89°48' 19"E., 882.83 feet to a point, being the Center Quarter corner of said Section 15; Thence, continuing on said south boundary, 5.89°43'09"E., 188.00 feet to a point, being the southeast corner of said subdivision; Thence departing said subdivision and continuing along the center of section line 5.89°46'49"E., 1139.53 feet to the Center East 1/16 corner of said section and the end of the current sewer district boundary; Thence departing said center of section line and current sewer district boundary, and along the one sixteenth section line, S.0° 10' 19"W., 1487.60 feet to a point, the South East 1/16 corner of said Section 15, from which the northeast corner of Lot 4 Block 4 West Place Recorder's Plat bears 5.88°45'30"E., 5.63 feet distant; Thence along the north boundary of said West Place, N.89°55'06W., 628.35 feet to a point at the northwest corner of said Lot 4 Block 4, falling on the east right of way of Knights Road (nominally a 60 foot wide road); Thence continuing along said north boundary, N.89°49'59W., 689.35 feet to the Center South 1/16 corner of said Section 15; Thence continuing along said north boundary of said West Place, N.89°44'28"W., 608,26 feet to the northwest corner of Lot 9 Block 3 West Place, falling on the east right of way of Stockton Drive; Thence continuing along said north boundary N,89°39'42"W., 59.95 feet to the northeast corner of Lot 4 Block 2 West Place, falling on the west right of way of Stockton Drive; Thence continuing along said north boundary N.89°51'59"W., 666.94 feet to the 9/13/2021 Page 1 oft northwest corner of Lot 4 Block 2 West Place, from which the northeast corner of Lot 3 Block 2 West Place bears S.0°38'12"E., 29.80 feet distant; Thence along the west boundary of West Place, N.0°48'46"E., 246.64 feet to the southeast corner of Fox Ridge Subdivision and the current sewer district boundary; Thence along the west boundary of said Fox Ridge, N.0°42" 11 "E., 579.78 feet to the former northeast corner of Lot 5 Block 2 West Place; Thence continuing along said boundary S.89°00'46"W., 7.83 feet to a point; Thence continuing along said boundary N.0°27'08"E., 663.56 feet to the Point of Beginning. Containing 90.69 acres more or less Subject to all existing easements of record or of use. Written by John Russell ID PLS 6021 on 9113/21 9/13/2021 Page 2 of 2 Y v nci on or Inclusion r Annex tion of ';ca hed) Y etitio er 0004.12025912 ALLIANCE lir1,t a escrow WARRANTY DEED Alliance Title & Escrow, LLC Order No.:531762 FOR VALUE RECEIVED Stockton 90, LLC, a Limited Liability Company "hc ;grantor(s), do(es) hereby grant, bargain, sell and convey unto Pine Creek Ranch, LLC, an Idaho Limited Liability Company ai°hose current address is 1500 W. Bannock St. Boise, ID 83702 the Prantee(s), the following described premises, in Valley County, Idaho, TO WI I- See attached Exhibit 'A' TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except; Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from ail lawful claims whatsoever. Dated: April 25, 2021 Stockton 90, C By: Jay R C en, Managing Member State of Idaho} ss County of Ada} On this 26th day of April, 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Jay R. Caven known or identified tome to be the Managing Member in the Limited Liability Company known as Stockton 90 LLC who executed the foregoing instrument in said LLC name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thi . cert ficate first above written. ubli o the State of Idaho Residing at: Commission Ex p es: COIO:•••1,S IO 441'398 NO TA ;%' OF EIECT ONIGALLY RECORDED • tx)NO' RBAOVE THE G tihrrY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED Ai: PART OF THE ORIGINAL DOCUMENT File No. 531762 Exhibit `A' Tract One: Commencing at the West Quarter corner of Section 15, Township 18 North, Range 3 East, Boise Mendian, Valley County, Idaho; thence North 89°53'30" East along the East-West Quarter line of said section, 1331,51 feet to the True Point of Beginning; thence South 0°14' 17" West 1485.65 feet to a point: thence South 89°5O'55" East 2662.94 feet to a point: thence North 0'18'10- East 1483.66 feet to a point; thence South 8953'30" West 2663.70 feet to the Real Point of Beginning. And Tract Two: A parcel of land situated in the Southeast Quarter Northwest Quarter Section 15, Township 13 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows; Beginning at the Quarter corner common to Section 15 and 16, Township 18 North, Range 3 East, Boise Meridian. Valley County, Idaho, thence South 89°47'08" East 1325.00 feet along the center section line of said Section 15 to the Real Point of Beginning; thence South 89"47'08" East 435.00 feet along said center section line: thence North 0°25' East 10.00 feet: thence North 89'4 7'08" West 435 feet; thence South 0"25' West 10 00 feet to the Point of Beginning EXHIBIT C Standard Terms and Conditions of Inclusion or Annexation The Petitioner, having petitioned for inclusion in or annexation to Payette Lakes Recreational Water and Sewer District, Valley County, Idaho (the "District") of that certain real property described in Exhibit A to the Petition (the "Property"), acknowledges, consents and agrees to the following terms and conditions imposed by the District's Board of Directors in accordance with Idaho Code Section 42-3218(c): I. Petitioner will be responsible for all costs of publication, legal fees, engineering fees, and other related costs incurred by the District in the preparation, publication, hearings, and other necessary proceedings undertaken in connection with the proposed inclusion or annexation of the Property, which costs shall be promptly paid by Petitioner when assessed by the District. No final order approving the proposed inclusion or annexation shall be completed by the District prior to the receipt of such costs from the Petitioner. 2. The District's Board of Directors (the "Board") shall have full discretion to approve or deny Petitioner's Petition for Inclusion or Annexation of Real Property (the "Petition"). 3. Within ten (10) days after the announcement by the District of the final terms and conditions under which the Petition shall be approved, the Petition may be withdrawn upon the request of a majority of the Petitioners and no further proceedings shall thereafter be had by the Board upon such Petition. 4. Sewer service to the Property must comply with all District resolutions and the Master Plan of the District. 5. In the event the Petition is granted, the District shall place the Property on the District's tax rolls, and it shall thereafter be subject to any and all taxes and assessments duly levied by the District as provided by law. 6. Petitioner shall be responsible, at Petitioner's sole cost and expense, to complete all sewer infrastructure necessary to connect the Property, and any improvements thereon, to the District's system per the District's current standard specifications, including payment of all fees assessed by the District for plan review, inspection and approval for said work. 7. Inclusion or annexation of the Property into the District does not guarantee that sewer service will be available to the Property, or to any improvements situated thereon. Such sewer service may be limited by wastewater treatment plant capacity, collection line locations or capacities, lift station availability, and similar limitations on other District equipment and components, or their location in relation to the Property. Further, the District may refuse sewer service to the Property until such time as it can be provided without imposing unreasonable or extraordinary costs to the District for the operation and maintenance of sewer lines, equipment and components required to provide such service. Petition for Inclusion or Annexation of Real Property - 8 4&433.4004.12425562.1 8. Unless otherwise agreed to in writing by the District, Petitioner, at Petitioner's sole cost and expense, shall be responsible to construct and install all sewer line extensions and other equipment and components which the District, in its discretion, deems necessary to provide sewer service to the Property, and 10 acquire such easements or rights -of -way as may be necessary therefore. All such construction and installation shall be completed to applicable District standards and shall not be commenced until the plans and specifications therefore have been approved by the District and all other governmental agencies whose review and approval may be necessary. All such improvements shall be free from defects due to installation and/or materials for a period of twenty four (24) months, and, upon completion thereof, be conveyed and dedicated to the District in accordance with District forms and procedures. All such easements or rights -of -way shall name the District as grantee therein, shall be perpetual, and shall be in a form approved by the District. 9. Petitioner shall provide the District with drawings of record, per the District's current standard specifications, for sewer lines, lift stations or other components constructed by Petitioner within 30 days of completion. 10. The District shall be entitled to assess and collect from Petitioner applicable monthly service charges and/or user fees for sewer services provided to the Property, in accordance with the adopted rates of the District as then existing, and as such rates may be amended from time to time. i I. A sewer system density will be adopted by the Board for the Property. Any presently occupied improvements receiving services will be, under present District policy, required to connect to the District system upon written final acceptance of the sewer infrastructure by the District and pay all District connection fees at that time. The amount assessed shall be the per EDU connection fee as adopted by the District on the date of connection. 12. The District may impose such other and further conditions upon the proposed inclusion or annexation as it deems appropriate, pursuant to Idaho Code Section 42-3218(c). Petition for Inclusion or Annexation of Real Property - 9 48433.0004.12925582 1