HomeMy WebLinkAboutPackard Acres Subdivision No. 2 VAC-04-003
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ADA COUNTY RECORDER J. DAVID NAVARRO
I BOISE IDAHO 08l201Ø4 01:34 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF
MERIANCITY
~AMOUNT .00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR)
VACATION OF UTILITIES, DRAINAGE AND)
IRRIGATION EASEMENTS ON LOTS 22 AND)
23, BLOCK 2 OF PACKARD ACRES )
SUBDIVISION NO.2, LOCATED IN THE)
NORTHEAST CORNER OF THE )
SUBDIVISION, MERIDIAN, IDAHO )
)
PACKARD ESTATES DEVELOPMENT, LLC, )
)
)
)
APPLICANT.
1111111111111111111111111111111111111
104107405
C/C 07/27/04
CASE NO. V AC-O4-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF EASEMENTS
This matter coming on regularly before the City Council at its regular meeting held on
July 27,2004, at the hour of7:00 p.m., and Brad Watson of the Public Works Department,
appeared 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.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1.
Easements shall be vacated in the same manner as streets, {Lc. § 50-1325}.
Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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2.
When a county or highway district desires the abandonment or vacation of any
highway, public street or public right-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 {I.C. § 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 (I) 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
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice of public 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 ora 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 notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. § 50-1306A (I), (2), (3) and (5)}
4.
Pursuant to Meridian City Code §§ 12-10-1 A and Band 12-10-2 A and B it
provides as follows;
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
Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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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 by law. The Council may approve, deny or modify the application.
Whenever public rights-of-way or lands are vacated, the Council shall provide
adjacent property owners with a quit-claim deed for the vacated rights of way in
such proportions as are prescribed by law.
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 furnished assuring the construction, prior to acceptance of the dedication.
To complete the acceptance of any dedication ofland, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
1.
Packard Estates Development, LLC, filed a petition for the vacation of the
existing ten (10) foot utilities, drainage and irrigation easement that lies on the
interior lot line between Lots 22 and 23, Block 2 of Packard Acres No.2. This is
the standard easement, five (5) feet on either side of an interior lot line, which is
created via recorded final plats. The easement is no longer needed in this location
as it is no longer adjacent to a platted lot line. It now runs through the middle of
Lot 23, Block 2 and must be vacated before any building permits can be issued for
Findings of Fact and Conclusions of Law and Order
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this lot. The Public Works Department has confinned that there are no existing
utilities within the subject easement to be vacated. The legal description of the
existing ten (10) foot utilities, drainage and irrigation easement, and which are the
subject of this petition, is;
The five (5) foot utilities, drainage and irrigation easement that is on either
side of the interior lot line between Lots 22 and 23, Block 2 of Packard
Acres Subdivision No.2.
2.
The particular circumstances of the requested vacation is;
The vacation of the easements are no longer needed in this location as it is no
longer adjacent to a platted lot line. It now runs through the middle of Lot 23,
Block 2 and must be vacated before any building pennits can be issued for this
lot. The Public Works Department has confinned that there are no existing
utilities within the subject easement to be vacated. The subject lots are in the
northeast corner of the subdivision and were both affected by a Lot Line
Adjustment (LLA) that was signed by the City Engineer in May 2004 and
recorded as Instrument No. 10406768 on May 18, 2004. The purpose of the LLA
was to create two lots which the developer believed were more balanced in area
and size and, therefore, more marketable. The Record of Survey also slightly
adjusted the lot line between Lots 23 and 24, Block 2.
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
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 and must be vacated before any building permits can be
issued for this lot.
6.
The applicant shall be required to comply with the following Recommendations:
Planning and Zoning Department:
1.
Prior to issuance of a Certificate of Occupancy on Lots 22 or 23, Block 2
of Packard Acres No.2, the Applicant shall submit evidence that the
requested vacation has been approved by all required agencies and
Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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authorities. Letters of relinquishment shall be provided from utility
companies, as required by the Public Works Department.
2.
Prior to issuance of a Certificate of Occupancy on Lots 22 or 23, Block 2,
a new PUDI easement shall be prepared and submitted to the City
Engineer to be located five (5) feet either side of the adjusted interior lot
line between Lots 22 and 23, Block 2 of Packard Acres No.2.
DECISION AND ORDER OF VACATION OF 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
does hereby ORDER and this does ORDER that:
1.
The legal description of the existing ten (10) foot utilities, drainage and irrigation
easements, and which are the subject of this petition, and located on the interior
lot line between Lots 22 and 23, Block 2 of Packard Acres No.2, Meridian, Idaho,
and is hereby vacated:
The five (5) foot utilities, drainage and irrigation easement that is on either
side of the interior lot line between Lots 22 and 23, Block 2 of Packard
Acres Subdivision No.2.
2.
The petition for the vacation of easements for the existing ten (10) foot utilities,
drainage and irrigation easement that lies on the interior lot line between Lots 22
and 23, Block 2 of Packard Acres No.2, are hereby granted.
3.
The City Clerk shall cause a copy ofthis 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.
Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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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
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be 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 may be 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.
By action of the City Council at its regular meeting held on the I 0 ~day of
~~ ,2004.
ROLL CALL;
COUNCILMAN WARDLE
VOTED ~^-
VOTED /r~
VOTED c¡-eA-
VOTED ~-
VOTED
COUNCILMAN NARY
COUNCILMAN ROUNTREE
COUNCILMAN BIRD
MAYOR TAMMY de WEERD ~IE BREAKER)
DATED; l1-/t?-p
Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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Attest:
DATED; '8'-ll-O4-
STATE OF IDAHO, )
: ss.
County of Ada. )
On this IO-fÝI day of 4ufM./.So- f- , 2004, before me, the undersigned,
a Notary Public in and for said State, persorßlly 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.
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Findings of Fact and Conclusions of Law and Order
of Vacation for Packard Acres Subdivision No.2 - V AC-O4-003
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