HomeMy WebLinkAboutLetter from Tealy Land Survey
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~ Tealey's Land Surveying
2501 Bogus Bash1 Road
Boise, Idaho 83702
(208) 385-0636 - Fa.x (208) 385-0696
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January 27,2005
Tealey's Land surveying
Pat Tealey
2501 Bogus Basin Rd
Boise, [daho 83702
Re: Spurwing Subdivision Vacation (V AC-O5-003)
The Application(s) noted above has been reviewed and accepted by the
Plamring Department on January 27, 2005 and has been scheduled for a City
Council hearing date of February 22, 2005,
The hearing will be .held at:
City of Meridian
33 E. Idaho Street
City Council Chambers at 7:00 P,M
Sincerely,
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Barbara Shiffer
Administrative Assistant
Meridian Planning and Zoning
660 E WaterTower Lane
Meridian, Idaho 83642
(208) 884-5533
'JAN 28 2005
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Idaho Statutes
Page 1 of2
(
Idaho
Statutes
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 13
PLATS AND VACATIONS
50-1306A, VACATION OF PLATS -- PROCEDURE, (1) 1Iny 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.
(2) 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 (300) feet 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, how!!v!!r, that in a
proc!!eding as to the vacation of all or a portion of a cemetery plat wh!!r!!
there has b!!!!n no int!!rment, orin the cas!! of a cemetery b!!ingwithin thre!!
hundr!!d (300) feet of another plat for which a vacation is sought, publication
of the notice of h!!aring shall be the only requir!!d notice as to the property
owners in th!! cemetery.
(3) Wh!!n the procedures set forth herein have been fulfilled, the city
council may grant the requ!!st to vacat!! with such restrictions as they d!!em
necessary in the public int!!rest.
(4) When the platted area lies more than one (1) mile beyond th!! city
limits, the proc!!dures set forth herein shall be followed with th!! county
commissioners of the county wherein the prop!!rty lies. The county
commissioners shall have authority, comparable to the city council, to grant
the vacation, provided, however, when the platted area lies beyond one (1)
mile of the city limits, but adjacent to a platted area within one (1) mile of
the city, consent of the city council of the affected city shall be necessary
in granting any vacation by the county commissioners.
(5) 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.
(6) When public streets or public rights-of-way are located within the
boundary of a highway district, the highway district commissioners shall
assume the authority to vacate said public streets and public rights-of-way as
provided in subsection (4) of this section.
(7) All publication costs shall be at the expense of the petitioner.
(8) Public highway agencies acquiring real property within a platted
subdivision for highway right-of-way purposes shall be exempt from the
provisions of this section,
(9) Land exclusive of public right-of-way that has been subdivided and
platted in accordance with this chapter need not be vacated in order to be
replatted,
...... 1- Code ~o - a""1ab1e on ~ Inœ.me1: by ..... 1- Leg:l.8lat.uze .... a pubJ.1C oerv:Lce.
irbi8 Inœ.me1: .......:Lon 011 t:he 1- Co<I8 lUll not. be nolld. liar ~ _0.0, nor may _0
cIa_.1>e pub11.- 0", ~ liar ..-c~81 .81. ..~1:ho1It. -.. writ..... pezmj.oo1on,
http://www3,state.id.us!cgi-binlnewidst?sctid=500130006A.K
2/18/2005
Idaho Statutes
Page2of2
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The Idaho Code is the property of the state of Idaho. and is oopyrighted by Idaho law, Ie. § 9-350,
According to Idaho law. any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be ckemed to be an infringer of the state of
Idaho's copyright,
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2/1812005
Idaho Statutes
Pagelofl
II
Idaho
Statutes
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 13
PLATS J\ND VACATIONS
50-1306. EXTRATERRITORIAL EFFECTS OF SUBDIVISION -- PROPERTY WITHIN THE
AREA OF CITY IMPACT -- RIGHTS OF CITY TO COMMENT, All plats situate within an
officially designated area of city impact as provided for in section 67-6526,
Idaho Code, shall be administered in accordance with the provisions set forth
in the adopted city or county zoning and subdivision ordinances having
jurisdiction, In the situation where no area of city impact has been
officially adopted, the county with jurisdiction shall transmit all proposed
plats situate within one (1) mile outside the limits of any incorporated city
which has adopted a comprehensive plan or subdivision ordinance to said city
for review and comment at least fourteen (14) days before the first official
decision regarding the subdivision is to be made by the county. Items which
may be considered by the city include, but are not liDdted to, continuity of
street pattern, street widths, integrity and continuity of utility systems and
drainage provisions. The city's subdivision ordinance and/or comprehensive
plan shall be used as guidelines for making the comments hereby authorized,
The county shall consider all comments submitted by the city, Where the one
(l) mile area of impact perimeter of two (2) cities overlaps, both cities
shall be notified and allowed to submit comments.
<be .- COde ~- - a-.J.al>l. em. 1:1111 ...- I>i' - - Leg:LoJ.amnt .. .. public -erv;Lcø ,
!!h~- ""- _a.1OD oI! t:hot .- COde 1081/ 1101: be - ~"" -~IIJ. -, """ mar --
a_. bepub3.- ",,:npaaI<aged f"" -- aal8 nth",,1: -- _1:- "-"~em.,
Search the Idaho Statutes
Available Reference: Seorch Instructions,
The Idaho Code is the prapertyofthe state of Idaho, and is copyrighted by Idaho law, I.c. § 9-3';0,
According to Idaho law, any person who reprodJJces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright,
http://www3,state.id.uslcgi-binlnewidst?sctid=500130006.K
2/18/2005
Idaho Statutes
Pagelof1
II
Idaho
statutes
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 13
PLATS AND VACATIONS
50-1330. JURISDICTION OF PUBLIC STREETS AND PUBLIC RIGHTS OF WAY WITHIN A
HIGHWAY DISTRICT. In a county with highway districts, the highway district
board of commissioners in such district shall have exclusive general
supervisory authority over all public streets and public rights of way under
their jurisdiction within their district, excluding public streets and public
rights of way located inside of an incorporated city that has a functioning
street department, with full power to establish design standards, establish
use standards and regulations in accordance with the provisions of title 49,
Idaho Code, accept, create, open, widen, extend, relocate, realign, control
access to or vacate said public streets and public rights of way, Provided,
however, when said public street or public right of way lies within one (1)
mile of a city, or the established county/city impact area Or adjacent to a
platted area within one (1) mile of a city or the established county/city
impact area, consent of the city council of the affected city shall be
necessary prior to the granting of acceptance or vacation of said public
street or public right of way by the highway district board of commissioners.
file Idaho Code i. -- aV8iJ.ab1e em t:h8 I.._~ by !:be Idaho L8g1.81at:w:e .. a pubUc .erv:Lce.
_. IDI:em8t: _CD of! t:h8 1- Code -- DOl: be - ~- c~ pw:po8O', ..... - _.
cIa- be pu1o1:L81Md "" ~ ~"" -- ca1e ....t.bou~ -. "d~- pezIIIi..ion.
Search the Idaho Statutes
Available Reference: Search Instructions,
The Idaho Cork is the property of the state of Idaho, and is copyrighted by Idaho law, I.c. § 9-350,
According to Idaho law, any person who reproduces or distributes the Idaho Cork for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright,
http://www3,statejd.us!cgi-binlnewidst?sctid=50013003 0 ,K
2/18/2005
Pagelofl
Will Berg
From: Bill Nary
Sent: Friday, February 18.20058:42 AM
To: WIll Berg
Cç: Ted Baird; 'Anna Canning (canninga@meridianclty,org)'
Subjec:t: P and Z for 2/24105
FYI,
I advised the P&Z Comrrdssion and the staff that their meeting next week is not a meeting governed by the rigors
ofthe open meeting law and does not require notice, They are having a training session with Diane Kushlan,
Since we don't notice every training that Commissions or Council attend I don't believe that It falls within the
purview of the Open Meeting law, I don't know if you were Intending on sending a cl.erk to take minutes, but if you
were I don't believe that you need to do that, I was not intending on attending nor was I going to ask Ted to
attend either.
2/1812005