HomeMy WebLinkAboutTaylor Subdivision VACADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 05(19!04 11:46 AM B
DEPUTY Bonnie Oberbillig ii
Mend aoECi~REDUEST OF ~~I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~
AMOUNT ,00 10406180$
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04/27/04
IN THE MATTER OF THE REQUEST FOR )
VACATION OF SEWER EASEMENTS ON )
LOTS 13 AND 14 OF TAYLOR SUBDIVISION,)
LOCATED WEST OF NORTH MERIDIAN )
ROAD AND NORTH OF WEST FRANKLIN )
ROAD, MERIDIAN, IDAHO )
LARRY AND BECKY PALMER, )
CASE NO. VAC-04-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF SEWER EASEMENTS
APPLICANT. )
This matter coming on regulazly before the City Council at its regular meeting held on
Apri127, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and
Zoning Department, appeazed and testified at the hearing, and the Council having received the
record from the Planning and Zoning Commission and its recommendations to the City Council,
and no objection having been received makes the following Findings of Fact and Decision and
Order.
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 1 OF 8
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {I.C. § 50-1325}
2. When a county or highway district desires the abandonment or vacation of any
highway, public street orpublicright-of--way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions of Chapter 13, Title 50 Idaho Code {LC. § 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized form of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, firm,
association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
ofpublic hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date ofpublic hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice ofpublic hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no interment, or in the case of a cemetery being within
three hundred feet (300') of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, power, drainage, and slope
purposes, public notice of intent to vacate is not required. Vacation of these
easements shall occur upon the recording of the new or amended plat, provided
that all affected easement holders have been nofified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. § 50-1306A (1 ), (2), (3) and (5)}
4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 2 OF 8
12-10-1 APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision,
public right of way or easement shall complete and file an application with the
Administrator. These provisions shall not apply to the widening of any street
which is shown on this Comprehensive Development Plan, or the dedication of
streets, rights of way or easements to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration at the
next regular meeting of the Commission which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2 COMMISSION AND COUNCIL. ACTION:
A. Commission Recommendation: The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required bylaw. The Council may approve, deny or modify the application.
Whenever publicrights-of--way or lands are vacated, the Council shall provide
adjacent property owners with aquit-claim deed for the vacated rights of way in
such proportions as are prescribed bylaw.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond famished assuring the construction, prior to acceptance of the dedication.
To complete the acceptance of any dedication of land, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
The applicants, Lany and Becky Pahner, filed a petition for the vacation of the
existing sewer easements that cross through Lots 13 and 14 of Taylor Subdivision.
The easement was created in 1955 per the Right of Way Easement submitted with
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 3 OF 8
the application. The easement is no longer needed, as it only contains service
lines for the existing lots. The existing sewer lines do not continue through to
serve any adjoining lots. The applicant desires to redevelop the property with new
structure(s) on top of the current easement location. Sewer service lines will be
connected to the proposed project in new locations and will not require the
existing easement. ?it one time, the sewer line continued to the south for the
parcel currently occupied by Napa Auto Parks. However, when the lot was
developed by Napa, they abandoned their original sewer connection and tied a
new service line to the sewer main in Meridian Road: The legal descripfion of the
existing unused sewer easement, is the subject of this petition, is:
The South Half of Lot 13 of TAYLOR SUBDIVISION, according to the official
plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho.
AND
Parcel I:
The North half of Lot 13 of TAYLOR SUBDIVISION, according to the official
plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho.
Parcel II:
Lot 14 of TAYLOR SUBDIVISION, according to the official plat thereof, filed in
Book 11 of Plats at Page 637, records of Ada County, Idaho.
2. The particular circumstances of the requested vacafion is:
The easement was created in 1955 per the Right of Way Easement submitted with
the application. The easement is no longer needed, as it only contains service
lines for the existing lots. The existing sewer lines do not continue through to
serve any adjoining lots. The applicant desires to redevelop the property with new
structure(s) on top of the current easement location. Sewer service lines will be
connected to the proposed project in new locations and will not require the
existing easement. At one time, the sewer line confinued to the south for the
parcel currently occupied by Napa Auto Parks. However, when the lot was
developed by Napa, they abandoned their original sewer connection and tied a
new service line to the sewer main in Meridian Road.
3. Written notice of the public hearing of this petition was given by certified mail
with return receipt at least ten (10) days prior to the date of the public hearing to
all property owners within three hundred feet (300') of the boundaries of the area
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 4 OF 8
described in the petition, and such notice was also published once a week for two
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
4. All publication costs have been paid by the petitioner.
5. The vacation is necessary as the applicant has requested consent to vacate the
existing sewer easements that cross through Lots 13 and 14 of Taylor Subdivision.
The easement was created in 1955 per the Right of Way Easement submitted with
the application. The easement is no longer needed, as it only contains service
lines for the existing lots. The existing sewer lines do not continue through to
serve any adjoining lots. The applicant desires to redevelop the property with new
structure(s) on top of the current easement location. Sewer service lines will be
connected to the proposed project in new locations and will not require the
existing easement. At one time, the sewer line continued to the south for the
parcel currently occupied by Napa Auto Parks. However, when the lot was
developed by Napa, they abandoned their original sewer connection and tied a
new service line to the sewer main in Meridian Road.
6. The applicant shall be required to comply with the following Recommendations
as follows:
PlanninE and Zoning and En i eerina staff•
Prior to issuance of a Certificate of Zoning Compliance on the subject
properties (listed in the application form), the applicant shall submit evidence
that the requested vacation has been approved by all required agencies and
authorities.
Namua & Meridian Irri¢ation District•
The District's Rutledge Lateral courses along the north boundary of this
property with a recorded easement. This easement must remain protected and
any encroachment without a signed License Agreement is unacceptable.
DECISION AND ORDER OF VACATION OF SEWER EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 5 OF 8
does hereby ORDER and this does ORDER that:
1. The following is the legal description of the existing sewer easements located
west of North Meridian Road and north of West Franklin Road, Meridian, Idaho,
and are hereby vacated:
The South Half of Lot 13 of TAYLOR SUBDNISION, according to the official
plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho.
AND
Parcel I:
The North half of Lot 13 of TAYLOR SUBDIVISION, according to the official
plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho.
Parcel II:
Lot 14 of TAYLOR SUBDIVISION, according to the official plat thereof, filed in
Book 11 of Plats at Page 637, records of Ada County, Idaho.
2. The petition for the vacation of sewer easements for Lots 13 and 14 of Taylor
Subdivision, located west of North Meridian Road and north of West Franklin
Road, are hereby granted.
3. The City Clerk shall cause a copy of this order to be served upon the affected
utility holders, and the petitioner, Public Works, Planning and Zoning
Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 6 OF 8
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which maybe adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
/e..
By action of the City Council at its regular meeting held on the l ~~ day of
f~/ICCl2. , 2004.
ROLL CALL
COUNCILMAN WARDLE
COUNCILMAN NARY
VOTED
VOTED
COUNCILMAN ROUNTREE
COUNCILMAN BIRD
VOTED
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: 5~~~,~J
D
Copy served upon Applicant, the Planning and Zoning Department, Public Works Depart~pQ,~t,,,,,
and City Attorney. \\~~~~y~OF AdF~~~~•,,~
~' ~ ao~°~r '9y 'o
~~- Fo
BY: ~~~^~, ~.. DATED: ~ ~~-D~ S~AI.
City Clerk ' vG ~ _
~ ,~' o
/~~''9 COUNTY . ~~P\ ~.
STATE OF IDAHO, ) //~'ur,~;rei „~~pP" ~
Ss.
County of Ada.
On this ~ day of ~ v , 2004, before me, the undersigned,
a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
~` 1(',13 L• S~~i~
1~ lid' S
(SEAL) _ $OTA'p
_* ~~~ .*
• pU8L1G
T~~e OP l9~
Z:\WorbM\MeridianVvleridian 1536 IIM~div~sion
.d~YC~~'x//f--~
Notary P lic or Idaho
Commis io xpires: 0 07
VAC-04-001\FtClOrdvacEasemts Lnls and Bbcks OS 03 04.dcc
Findings of Fact and Conclusions of Law and Order
of Vacation for Taylor Subdivision -VAC-04-001
PAGE 8 OF 8