HomeMy WebLinkAboutGenerations Plaza II VAC-00-005 RECORDED - f~;EQUES T
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C/C 08-15-00
IN THE MATTER OF THE REQUEST
FOR VACATION OF THE ALLEY
INTERSECTING E. 1 ST STREET
BETWEEN PINE AND IDAHO STREETS
AT GENERATIONS PIahZA II,
MERIDIAN, IDAHO
GARY BENOIT,
APPLICANT
CASE NO. VAC-00-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF THE ALLEY
INTERSECTING E. 1 ST
STREET AND IDAHO
STREETS
This matter coming on regularly before the City Council at its regular meeting
on the 15th day of August, 2000, at the hour of 7:30 p.m., Shari Stiles, Planning and
Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and
testified at the hearing, and appearing and testifying was Bill Musser, and the
Applicant, Gary Benoit, appeared and testified, and the Council having received the
record froTM 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 of the alley intersecting East 1 st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-005
Page 1 of 9
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
Easements shall be vacated in the same manner as streets. {I.C. § 50-
1325}.
The vacation of an easement which was accepted as part of a platted
subdivision shall be vacated pursuant to the provision of Chapter 13,
Title 50 Idaho Code {I.C. § 40-203 (6)}.
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 (!) 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 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,
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-005
Page 2 of 9
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. (I.C. § 50-1306A (1), (2), (3) and (5)}
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:
to
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.
Bo
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:
to
Commission Recommendation: The Commission shall review the
request and all agency responses and malce a recommendation to the
Council for either approval, conditional approval, or denial.
B. Cbuncil 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
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1 st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-O05
Page 3 of 9
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 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
Gary Benoit, filed a petition for the vacation of the alley intersecting E.
1st Street between Pine and Idaho Streets at Generations Plaza II, as
described in the legal description for Steven H. Laney - Alley Vacation,
Project No.: 2222 Date: March 3, 2000, and described in number 2.
hereinbelow, and the traffic flow shall be as provided for in Exhibit
"A" attached hereto as if set forth in full hereat, and with the following
conditions:
0.1
Applicant shall provide an easement to the City for maintenance
of a sewer main line which exists in the alley. The easement
agreement shall include provisions that, should the sewer line
need to be repaired, all costs to replace improvements on
applicant's property shall be borne by the applicant.
Additionally, the City plans to replace the sewer line that runs
under the vacated alley sometime in October. The developer
shall pay for half of the replacement sewer line cost.
0,2
Prior to the issuance of any building permits on the subject lots,
applicant shall submit relinquishment of easement letters from all
applicable utility companies to the City of Meridian.
0.3 Developer shall be responsible for the improvements and
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1 st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-005
Page 4 of 9
maintenance to the entire alley. Attached as Exhibit "C' is a
drawing of the alley improvement design with a construction cost
of approximately $5,000.
0.4
Pertaining to the traffic flow, as depicted in Exhibit "A' attached
hereto, the developer shall be responsible for changes to the City's
parking lot including redirecting, parking space lines and islands.
0.5
Developer shall pay the City $5,200 for one half of that portion
of the City's current parking lot which will be dedicated as public
alley access.
0.6
Developer shall obtain a written consent to the dumpster location
from Sanitary Service Company.
The legal description of the alley vacation which is the subject of this
petition is:
A portion of the 16.foot public alley of Block 5 of the Amended Plat of the
Townsite of Meridian, as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW 1/4 of
Section 7, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point marking the Northwest comer of Lot 1 of said Block 5
of the Amended Plat of the Townsite of Meridian; thence along the West
boundary of said public alley
North 00°57'31" East 16.00 feet to a point marking the Northwest comer of
said public alley; thence along the North boundary of said public alley
South 88°20'26'' East 85.87 feet to a point; thence leaving said North
boundary South 00°57'31" West 16.00 feet to a point on the South boundary
of said public alley; thence along said South boundary
North 88020'26'' West 85.87 feet to the POINT OF BEGINNING.,
Said parcel of land contains 1,374 square feet, more or less.
Findings of Fact and Condusions of Law and
Order of Vacation of the alley intersecting East 1 ~ between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-O0-OO5
Page 5 of 9
3. The particular circumstances of the requested vacation is:
The vacation is associated with the Generations Park Plaza II conditional use
permit. The alley is 16 feet wide and the portion to be vacated is approximately 85
feet in length (more or less the depth of the site, extending to the public parMng lot
to the east). One-half of the alley (eight feet) is going to the subject property, the
other half is reverting back to the City of Meridian to be included as part of the
expanded Generations Plaza.
The names and Relinquishment of Easements shall be attached as
Exhibit "B", of the affected by the petition to vacate and shall include:
4.1
The applicant/owner of the property Laneyland of Boise, Idaho,
and who applied for the vacation application by Gary Benoit.
4.2
Intermountain Gas Company, AT&T Cable Services, US West
Communications, City of Meridian, and Idaho Power, and such
Relinquishments shall be added as Exhibit "B".
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.
All affected utility holders have agreed to the requested vacation in
writing.
7. All publication costs have been paid by the petitioner.
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-O05
Page 6 of 9
DECISION AND ORDER OF VACATION
OF THE ALLEY INTERSECTING E. 1 ST STREET BETWEEN PINE AND
IDAHO STREETS AT GENERATIONS PLAZA II
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:
That alley intersecting E. 1st Street between Pine and Idaho Streets at
Generations Plaza II as depicted in the legal description for Laneyland
and described in Findings of Fact number 2. hereinabove, along with the
traffic flow as provided for in the attached Exhibit "A", is hereby
vacated.
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.
o
The City Clerk shall cause a certified copy of this order to be recorded
with the Ada County Recorders office.
NOTICE OF FINAL ACTION
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 the issuance
or denial of the vacation may within twenty-eight (28) days after the date of this
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1 st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-O0-O05
Page 7 of 9
decision and order seek a judicial review as provi'ded by Chapter 52, Title 67, Idaho
Code.
.5..?y action~ of the City Council at its regular meeting held on the /q~day of
~ ~ ,2000.
!
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BIRD
VOTED
VOTED
COUNCILPERSON deWEERD
VOTED
COUNCILPERSON Mc CANDLESS
VOTED
City Clerk //
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: q- Lq'" g~70
'ff3~ z z-a~ ~' ' ~v~'~/-~' ~ '/~a~ Works.
Copy served upofi-Ap~icant, the Planning and Zoning Depaffment, Public
Department and City Attorney. ~,<~ OF ~°~;~x
DATED:
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-005
Page 8 of 9
STATE OF IDAHO, )
· SS.
County of Ada. )
On this I~'ff~ day of <=~o-~4 ~ ,2000, before me, the
undersigned, a N--~ary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the within instrument, and
aclmowledged 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.
Notary Pt~li~or I~laho
Commissio~-'E~--'W~es: ~7 -o~ 6, - O/o
Findings of Fact and Conclusions of Law and
Order of Vacation of the alley intersecting East 1 st between
Pine Avenue and Idaho Road on the east side at Generations
Plaza II by: Gary Benoit / VAC-00-005
Page 9 of 9
IGENERA,'Ti~NS
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