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Home My WebLink AboutParamount Sub No. 4 VAC V A C 05-009 MERIDIAN PLANNING & ZONING MEETING July 7, 2005 . APPLICANT Paramount Development, Inc. ITEM NO. 8 REQUEST Recommendation: Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 - south of Chinden and west of Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments ~ l \) 'N\ 'N\lN\ ~ ~~fO\J~ ~ C\,j \;\ÁJ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: . CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: . Contacted: ~I~ Date: ~() ç - Phone: Emailed: 'eJ Y\ (k!\ K $ (G> /' (r,( l to <\ (0 C ~ . CO~aff Initials: ~ Materials presented at pub IC meetings shall become property of the City of Meridian. ~~ ) MAYOR clfe;¡ di ~ñ ~~ ; CITY HALL (208) 888-4433 -Fax 887-4813 Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 J - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle CharlesM.Rounttee IDAHO LEGAL DEPARTMENT (208) 888-4433 - FAX 887-4813 PLANNING AND ZONING DEPARTMENT (208) 888-5533 - Fax 888-6854 STAFF REPORT: Transmittal Date: July 5, 2005 P & Z Meeting Date: July 7, 2005 To: Planning & Zoning Commission, Mayor and City Council Josh Wilson, Associate City Planne~j4L- Mike Cole, Development Services P'oordinator M C RE1 r""'I~'I',--\;lT¡\"]-"-\ " . v. -_¿ ',j- __1. ,. i ..LJ --,_J JUL 0 5 2005 From: Re: C-ít,/ Of ,~vr':ò:'"Ích3-:c. Paramount Subdivision No. 4::;-¡Ò' Clerk Offic.::; Request for Vacation of the Public Utility Easement on Lot 8, Block 20 of Paramount Subdivision No.4, by Paramount Development, Inc. (File No. VAC-O5-009). We have reviewed this submittal and offer the following comments, as conditions of the Applicant. These conditions shall be considered in full, unless expressly modijìed or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Paramount Development, Inc., requests the City's consent to vacate a platted public utility, property drainage, and inigation easement on Lot 8, Block 20 of Paramount Subdivision No. 4., located at 630 W. Barrymore Drive. The Applicant requests the vacation of the easement due to a lot line adjustment which relocates the north property line of Lot 8, which said easement is centered on. Specifically, the applicant has requested vacation of "The 5 foot wide public utilities, property drainage, and inigation easement on the northerly boundary line of Lot 8, Block 20 of Paramount Subdivision No.4, excepting the 10 foot wide utilities easement on the east and west sides of said Lot 8." The easement was created on the plat of Paramount Subdivision No. 4, with Notes #1,4, and 5. The applicant has provided proof of relinquishment of the easements by Qwest Communications, Intermountain Gas Company, Idaho Power Company, and Settlers Irrigation District. The applicant has not submitted notarized proof of relinquishment from Cable One. (See Condition of Approval #1) Idaho Code 50-1325 requires that all easements created on subdivision plats "shall be vacated in the same manner as streets" and must be approved by the local jurisdictions. State statute further requires an easement vacation be filed when a landscape or inigation easement is involved. Even though the other types of easements can be addressed through Letters of Agreement (e.g. drainage, gas, telephone, etc.), the landscape and inigation easements are not specifically exempt under I.C. 50- 1306.A, and must be formally vacated through the standard process. All easements not specifically vacated shall remain intact. VAC~05-009 ParamoulltVAC Planning & Zoning CommissionlMayor & City Council July 7,2005 (P&Z Meeting Date) Page 2 SURROUNDING USES North - Vacant land, part of future Paramount Subdivision phases, zoned R-8. South ~ Properties Paramount Subdivision No.4, zoned R-8. East - Vacant land; part of future Paramount Subdivision phases, zoned R-8. West - Properties Paramount Subdivision No.4, zoned R-8. OWNERS OF RECORD The owners of record of the lots on which the proposed easements to be vacated are as follows: Lot 8, Block 20--- Paramount Development, Inc. SPECIAL CONSIDERATIONS 1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning Commission to review and make a recommendation on Vacation applications. A public hearing is then required before the City Council. CONDITIONS OF APPROVAL (V AC~O5~OO9) 1. The applicant shall submit notarized proof of relinquishment of the easement by Cable One prior to the City Council hearing on the application. RECOMMENDATION Staff recommends approval of application V AC-05-007, with the conditions noted herein.. VAC-05-.Q09 ParamOllntVAC EnJ!ineerinJ! North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 LETTER OF TRANSMITTAL JUNE 22, 2005 DATE: ATTENTION: Will Berg To: Meridian City Clerk RE: Paramount No.4 Utility Easement Vacation PROJECT No. WE ARE SENDING YOU [SJ Attached IS!Prints IS! Originals 0 Proposal D Letter D Disk(s) ** D Descriptions DUnder separate cover via the following items: IS! Cable One Easement Relinquishment D 0 COPIES DATE SHEET NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: D For approval IS! For your use D For your Information D For review & comment D D D D As requested D Forbid use REMARKS: Will: The above vacation is set for July 1h and we just received the attached. Please call Jim Washburn in our office should you have any questions COpy TO: D W/ENCLOSURES SIGNED: GENE P. SMITH. P.E. **DISK DISCLAIMER: (PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECIS lON, THEREIIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONt Y. NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. ENGINEERING NORTHWEST, LLC, IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA RECEIVED BY: DATE: If enclosures are not as noted, kindly notify us at once. Thank you. -< ~ RELINQUISHMENT OF EASEMENT The below signed entity hereto relinquishes any and all of their rights to the following described public utilities easement. The 5' Public Utility Easement located on the north boundary of Lot 8, Block 20 of Paramount Subdivision No.4 recorded in Book 90 of plats at Page 10478, Records of Ada County, Idaho, as detailed on the attached sketch marked Exhibit A. Cable-One """""'" ,"~.'"\ ~..~P~-1;'1 .. q;.v " '., 'r .# :" ~ :-~~O1AAY".,.ð~ll, .. 'õ{"' Y" .. ="[ -..- \ : . . . \ \" PUB\..\V .,:'~ .: # d' ". ,,' ~ - "" /'AJ7i Of,\Q~, ,,- I,.,....."" BY: ---JA-y L. Æe..c..('~ N~rfL TITLE:...v~ A.~ e../~.. 7" L.~./ STATE OF IDAHO) ) ss. COUNTY OF ADA ) On this ~ day of .! \J~ , in the year of2005, before me the undersigned, personally appeared ~ fJ.Es1iÆfL , known to me to be the person whose name is subscribed to the within instrument, who being by me first duly sworn, did depose and say th~/she is L,¡ALJ ,ljEuJ jJçcJ5~~ of Cable-One, and tha(];)she executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. 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