HomeMy WebLinkAbout04-449 Ashford Greens #2 VAC
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT ,00
BOISE IDAHO 11/01104 03:32 PM
~~~~~ÒE~i:~:~~~ST OF 1111111111111111111111111111111111111
Meridian City 1134139184
CITY OF MERIDIAN
RESOLUTION NO. t) 4- -1-4-'1
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION VACATING THE 5-FOOT WIDE UTILITY,
IRRIGATION, DRAINAGE EASEMENT AWNG THE COMMON LOT LINES
OF LOTS 90 AND 91; WTS 89 AND 90; LOTS 88 AND 89; EXCEPTING THE
TEN (10) FEET ADJACENT TO N. BENT GRASS LANE AND WTS 43 AND 44;
AND LOTS 44 AND 45 OF BLOCK 23 EXCEPTING THE TEN (10) FEET
ADJACENT TO W. NINE IRON LANE OF ASHFORD GREENS NO.2, AS
FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 75
OF PLATS, PAGE 7798; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Oclober 5,2004, the City Council of the City of Meridian, held a
hearing on the vacation of the 5-foot wide utility irrigation, drainage easement along the
common lot lines of Lots 90 and 91; Lots 89 and 90; Lots 88 and 89; excepting the ten
(10) feet adjacent to N. Bent Grass Lane and Lots 43 and 44; and Lots 44 and 45 of Block
23 excepting the ten (10) feet adjacent to W. Nine Iron Lane of Ashford Greens NO.2, as
filed and recorded with the Ada County Recorder in Book 75 of Plats, Page 7798; and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the 5-foot wide utility irrigation, drainage easement along the
common lot lines of Lots 90 and 91; Lots 89 and 90; Lots 88 and 89; excepting the ten
(10) feet adjacent to N. Bent Grass Lane and Lots 43 and 44; and Lots 44 and 45 of Block
23 excepting the ten (10) feet adjacent to W. Nine Iron Lane of Ashford Greens NO.2, as
filed and recorded with the Ada County Recorder in Book 75 of Plats, Page 7798; is
hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A".
Resolution - Vacation for Ashford Greens # 2
Page 1 of2
Section 2. That this Resolution shall be in full force and effect immediately
upon its adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho this 2,6 -f..1.
day of
tJ C/o ¡¡ (þf..-
,2004.
APPROVED by the Mayor of the City of Meridian, Idaho, this 2.6~ day
of
~dt;~
,2004.
STATE OF IDAHO)
County of Ada,
On this .z¡, fk day of OcJo(",;, , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
...."""",0#,0.
~ c.f. L. $~:*«
~'t;;~ '" "'7~,. "'10
1',""" ? '\0
(SEAL)! ".OTA~":\ \
. r \ .
i*\ -.- .*5
\ .\ .Þ[¡B\.\~ j
\"'- 0 I
.& '¡-...... ~'f- ..-
,l? OF \1> .,,-
............"
°o/.zr/J7
Resolution - Vacation for Ashford Greens # 2
Page 2 of2
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the request to vacate five (5), ten foot (10') wide public utilities, drainage
and irrigation easements in Ashford Greens Subdivision No.2, by Brighton Corporation.
Case No(s). VAC-04-005
For the City Council Hearing Date of: September 14, 2004
A. Findings of Fact
RECEIVED
OCT 0 7 20O't
City Of Meridian
City Clerk Office
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the September 14, 2004,
public hearing(s). The applicant, affected property owners, and govemment
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
d.
The Planning and Zoning Commission issued a written recommendation on the
subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
c.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-005 -FAGE 1
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is the Brighton Corporation.
B. Conclusions of Law
a.
1. Easeroents 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 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 (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 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 or a portion of a ceroetery plat where there has been no interment, or in
the case of a ceroetery 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 ceroetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as they
deero necessary in the public interest. In the case of easeroents 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 easeroents shall occur upon the
recording ofthe new or amended plat, provided that all affected easeroent holders have
been notified by certified mail, return receipt requested, of the proposed vacation and
have agreed to the same in writing. {I.C. § 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:
12-10-1
APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision, public right
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-00S -PAGE 2
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:
1. 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
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
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.
3. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
4. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
5. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-17-9.
6. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER
CASE NO(S).VAC-O4-005 - PAGE 3
7. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
8. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
9. That this approval is subject to the Conditions of Approva11isted herein. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval ofthe application.
10. The Applicant is requesting the vacation of the following existing easements platted with
Ashford Greens Subdivision No.2, recorded in Book 75 of Plats at Page 7798 of Ada
County Records, and described in Note #3 of said plat:
Five Foot (5') Permanent Public Utilities, Irrigation, and Drainage Easeroent, adjacent to
each side of a common lot line:
1 Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet
adjacen1 to N. Bent Grass Lane
2 Lot line common to Lots 89 and 90, Block 23, excepting the lO-feet
adjacent to N. Bent Grass Lane
3 Lot line common to Lots 88 and 89, Block 23, excepting the 10-feet
adjacent to N. Bent Grass Lane
4 Lot line common to Lots 43 and 44, Block 23, excepting the 10-feet
adjacent to W. Nine Iron Lane
5 Lot line common to Lots 44 and 45, Block 23, excepting the 10-feet
adjacent to W. Nine Iron Lane
11. The final plat for Ashford Greens Subdivision No.2 was recorded in 1997.
12. The Applicant is requesting the vacation of the easeroents so that buildings may be
constructed over the platted easeroents. The Applicant intents to construct three houses
across four platted lots (Lots 88-91, Block 23) and two houses across three platted lots
(Lots 43-45, Block 23). .
13. The Applicant has provided notarized consent from the following public .utilities: Idaho
Power Company, Intermountain Gas Company, Cable-One, Qwest Communications,
Meridian Public Works Department (Sewer and Water). Further, the Applicant has
submitted a letter from the Nampa & Meridian Irrigation District stating that the District
has no pressurized or gravity fed irrigation systeros in the subject easeroents, and they
have no other comment.
14. The Applicant shall be required to comply with the Conditions of Approval as follows:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-005 -PAGE4
1.
Prior to issuance of a Certificate of Occupancy on the subject properties (Lots 88-
91 and 43-45, Block 23), the Applicant shall submit evidence that the requested
vacation has been approved by all required agencies and authorities (all applicable
public utilities, drainage and irrigation entities).
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The petition requesting the vacation of the following existing easements platted with
Ashford Greens Subdivision No.2, recorded in Book 75 of Plats at Page 7798 of Ada
County Records, and described in Note #3 of said plat is hereby granted:
Five Foot (5') Pennanent Public Utilities, Irrigation, and Drainage Easement, adjacent to
each side of a common lot line:
Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet adjacent to
N. Bent Grass Lane
Lot line common to Lots 89 and 90, Block 23, excepting the 10-feet adjacent to
N. Bent Grass Lane
Lot line common to Lots 88 and 89, Block 23, excepting the 10-feet adjacent to
N. Bent Grass Lane
Lot line common to Lots 43 and 44, Block 23, excepting the 10-feet adjacent to
W. Nine Iron Lane
Lot line common to Lots 44 and 45, Block 23, excepting the 10-feet adjacent to
W. Nine Iron Lane; and
2. The site specific and standard conditions of approval are as follows:
1. Prior to issuance of a Certificate of Occupancy on the subject properties (Lots 88-
91 and 43-45, Block 23), the Applicant shall submit evidence that the requested
vacation has been approved by all required agencies and authorities (all applicable
public utilities, draiÌ:1age and irrigation entities).
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.
D.
Notice of Final Action and Right to Regulatory Takings Analysis
I. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-005 . PAGE 5
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.
2. Please take notice that this is a final action of the governing body of the City of
Meridiao, 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 the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision aDd order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. .
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-005 . PAGE 6
By action of the City Council at its regular meeting held on the 5th
WtI.bc:r , 2004.
day of
COUNCILMAN SHAUN WARDLE
VOTED~
-CmJNCILMA1~ HILL NARY
VOTFD
COUNCILMAN KEITH BIRD
VOTED ~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-=-
Attest:
and City Attorney.
By: j(1},l)..Jh a îJV'.-
City Clerk
Dated:
10;4 -ð"t
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-04-005 -PAGE 7