HomeMy WebLinkAbout2020-07-16 Christina Morrow
Charlene Way
From:Christina Morrow <CMorrow@parsonsbehle.com>
Sent:Wednesday, July 15, 2020 7:39 PM
To:City Clerk
Subject:Comments/Opposition for July 16, 2020 hearing
RE: Opposition to application for Horse Meadows Subdivision RZ, PP H-2020-0060
Hearing Date and Time: July 16, 2020 6:00 p.m.
Applicant: Riley Planning Services
Project Location: 710 N. Black Cat
Project Request: Rezone and Preliminary Plat
City Clerk:
My husband and I, own, and along with the rest of our family, live on the property located at 630 N. Black Cat Rd. The
Applicant's proposed development abuts our property to the north. I am writing to oppose the application for the
issuance of a Preliminary Plat for Horse Meadows Subdivision. We oppose the application because the proposed
preliminary plat would encroach on and use part of our of property that my husband, and I, and our predecessor
owners, have been exclusively using and improving. Our rights extend to all of the property south of the existing fence
line. Therefore, we have ownership of it by adverse possession as our occupancy and that of the prior owners has
existed for more than 30 years. This exceeds the 20 year requirement for adverse possession stipulated by Idaho Code §
5-210.
The Applicant has not sought to purchase any portion of our property and we are not willing to sell it.
Our adverse possession of the property at issue is also documented by the Record of Survey No. 1655, recorded as
instrument number 9031964 on June 18, 1990, and Record of Survey No. 9481, recorded as instrument number
113068085 on June 19, 2013. Both of these Records of Survey establish that this long-existing fence line along the north
border of our property actually occupies a portion of the Applicant's tax parcel no. S1210325602. The Preliminary Plat
for Horse Meadows Subdivision ignores that portion of the tax parcel that is south of the fence line and which is our
property.
The fence has existed in the same location at least since the June 18, 1990 Record of Survey and the prior owners of our
property advise that the fence was likely in place since the early 1970’s. The adversely possessed property has been
protected by the enclosure of the established fence line and has been cultivated and improved, as evidenced by the
established and large trees (planted in the early to mid-1970’s), shrubs and lawn, as well as the established underground
sprinkler system which resides within the property the entire length of the our fence line and the adversely possessed
property.
Therefore, any Preliminary Plat which contemplates the use of our adversely possessed property should be denied.
Please confirm your receipt of this email. Kind Regards, Christina Morrow
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Christina Morrow • Paralegal
Parsons Behle & Latimer
800 West Main Street, Suite 1300 • Boise, Idaho 83702
Main +1 208.562.4900 • Direct +1 208.562.4869 • Fax +1 208.562.4901
A Professional
parsonsbehle.com • CMorrow@parsonsbehle.com • vCard
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