The URL can be used to link to this page

Home My WebLink AboutVACATION OF RW V1�fE IDEZ IAN— APPROVED e<Pi,�e n,.<em..e ro m�e Dope=:. coa � >on�io eo<o r,na Poa�o�< rePon Date: n� of oeooa�o<e. Permit Number. m ADA COUNTY RECORDER Phil McGrane 2021.138707 BOISE IDAHO Pgs=9 ANGIE STEELE 09/22/2021 09:10 AM ADA COUNTY HIGHWAY DISTRICT NO FEE RESOLUTION NUMBER 2363 AUTHORIZING AN ABANDONMENTIVACATION OF PUBLIC RIGHT-OF-WAY BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND PINNACLE LAND DEVELOPMENT LLG, WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES. WHEREAS, by its Resolution Number 2363 adopted and approved at its regular meeting held on September 8, 2021, the Ada County Highway District Commission, in accordance with the requirements of Idaho Code, section 40-1309 and 40-203, found that Public Right of flay known as a parcel of land being a portion of West Daphne Street right of way as shown on Black Cat Estates No. 2, as fled in Book 32 of Plats at Pages 1545 and 1946, records of Ada County, Idaho, situated within the Southwest 1/4 of the Southwest 114 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, containing 0.31 acres (13,690 SF), more or less. And in exchange, for the Dedication of a parcel of land being a portion of Lot 1, Block. 1, Black Cat Estates No. 1 as filed in Book 29 of Plats at Pages 1798 and 1789, records of Ada County, Idaho, situated within the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, containing 2.35 acres (102,366 SF), more or less, particularly described in Exhibit "A" (hereinafter °subject public sight -of Keay°) Was no longer useful to ACHD and set a public hearing before the Commission for 12:00 PM, on September 8, 2021, at Which time any person could appear to show cause why the subject public right -of -Way should not be abandoned/vacated. WHEREAS, in accordance with Idaho Code, sections 40-203 and 40-1308, the Commission does hereby make the following findings of fact and conclusions of law: FINDINGS OF FACT: 1. Date of Application: June 25, 2021, 2. Upon the filing of a petition by the Petitioner for the abandonment/vacdon/exchange of the subject public right-of-way, the following organizations and agencies were notified on ,tune 22, 2021, A, Ada County Highway District Staff members. B. All appropriate local agencies and utilities were contacted, and comments requested. 3. On August 4,2021, a public hearing date was set by the Board of Commissioners for September S, 2021. 4. Following the filing of the petition for the abandonrnenYvacation/exchange of the subject public right-of-way parcel, property owners within 600 feet of the subject public right-of-way were notified by mail on August 5, 2021, of the time, date, and place of the public hearing. 5. in accordance with Idaho law, a Notice of Public Hearing was published in the Idaho Press Tribune a daily newspaper published in Canyon County, Idaho, on the August 24th, 25th and September 1, 2021, and an affidavit of publication was received by the Ada County Highway District and is on file in the office of the Right -of -Way Department. 6. Any and all comments received from June 22,2021 notification of Ada County Highway District Staff members and all applicable local agencies are on file in the office of the Right -of -Way Department and are included within the Public Hearing staff memo dated August 12, 2021, RESOLUTION 2363 - AUTHORIZING AN ABANDOINMENT/VACATION/EXCHANGE OF PUBLIC RI: HT-OF•WAY BY AND BETWEEN THE ,ADA COUNTY HIGHWAY DISTRICT AND PINNACLE LAND CE ELOP?SCENT LLC WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES - Pace 1 �fE IDEZ IAN— APPROVED e<Pi,�e n,.<em..e ro m�e ooPa=:. cos � >on�io eo<o r,na Poa�o�< rePon Date: n� of oeooa�o<e. Permit Number. m 7. Any and all comments received from those properly owners of real property within 699 feet of the subject public right-of-way are on file in the office of the Right -of -Way Department and are included within the Public nearing staff memo dated August 12, 2021. 6. The Vacated property is a parcel of land being a portion of Vest Daphne Street right of way as shown on Black Cat Estates No. 2, as filed in Book 32 of Mats at Pages 1945 and 1946, records of Ada County, Idaho, situated within the Southwest 114 of the Southwest 114 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, containing 9.31 acres (13,690 SF), more or less. And in exchange, for the Dedication of a parcel of land being a portion of Lot 1, Block 1, Black Cat Estates No. 1 as filed in Book 29 of Plats at Rages 1798 and 1799, records of Ada County, Idaho, situated within the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, containing 2.35 acres (102,366 SF), more or less. At the public hearing on Wednesday, September B, 2921, oral and or written testimony was presented and at the conclusion of which President Dent Goldthorpe, closed the public hearing for testimony. After discussion, the Commission found the abandonrr enVvacationfexchange is in the public's best interest and voted to approve the abandonment/vacation/exchange to PINNACLE LAND DEVELOPMENT LLC, CONCLUSIONS OF LAW: It is the opinion of the Board of Commissioners of the Ada County Highway District, per President Kent Goldthorpe, Vice -President, gave McKinney, dim D. Hansen, Mary May and Alexis Pickering, Commissioners, that the subject public right-of-way is no longer needed by the Ada County Highway District and that it is the best interest of the traveling public, the adjacent property owners, and the Ada County Highway District that the abandonment/vacation/exchange of right-of-way known as a parcel of land being a portion of West Daphne Street right of way as shown on Black Cat Estates No. 2, as filed in Book 32 of Plats at Pages 1945 and 1946, records of Ada County, Idaho, situated within the Southwest 114 of the Southwest 1/4 of Section 27, Township 4 North, Range 1 Test of the Rise Meridian, Ada County, Idaho, containing 0.31 acres (13,690 SF), more or less. And in exchange, for the Dedication of a parcel of land being a portion of Lot 1, Block 1, Black Cat Estates No. 1 as filed in Book 29 of Plats at Pages 1798 and 1799, records of Ada County, Idaho, situated within the Southwest 114 of the Southwest 114 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, containing 2.35 acres (102,366 SF), more or less. And more particularly described in Exhibit "A" be approved and the subject public right-of-way be abandoned/Vacated/exchanged. NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section 49-203 and 40.1399 that the proposed abandonment/vacation/exchange of the public right-of-way is hereby authorized, and ACHD staff is hereby directed to negotiate a value, and on such other terms and conditions as are appropriate, and that the President of the Commission and the Director be, and are hereby, authorized and directed to execute on behalf of the Ada County Highway District appropriate quitclaim deeds for the abandoned/vacated/exchange subject public irsght-ofway, subject to the following: Detention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right-of-way and/or the previsions for the relocation or replacement of existing facilities. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the Petitioner with approval of the applicable utility or agency. RESOLUTION N 2363 T AUTHORIZING AN ABANDONMENTNACATIOWEXCHANGE OF PUBLIC R!GHT-OF-WAY BY AND BE-TWEEN THE ADA COUNTY HIGHWAY DISTRICT AND PINNACLE LAND DEVELOPMENT LLC WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES - page 2 �fE IDIAN— APP OVED, Th pn h b f . . . d ro ..11 d ........... rePon Permit N.— ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its regular meeting held on this 8th day of September 2021. 103 Bruce S. 1) ' h , Director STATE C : WQ'r— ADA COUNTY HIGHWAY DISTRICT BOARQ _� COMMISSIONERS: Kent Goldthorpe' �'President B Dave McKinney, Virg -President By: Jim D. Hansen, Commissioner TAO 62051 4F of: 1 010110%. By: ,k/v Alexis Pickerind, Commissioner County of Ada On this day of 2021, before me,—.,?,i '4a' notary public in and for said State, personally appeared Bruce S. Wong, Director, a6dPWs_!d_e"ntKent Goldthoo, Vice -President, Dave McKinney, Commissioners, Jim D. Hansen, Mary May and Alexis Pickering, known to me to be the Board of Commissioners, respectively, of the Ada County Highway District and that they executed this instrurneti# on behalf of said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto's.0 rriy hand and year in this certificate first above written. Notary Public for Residing at Boisbi;"Idaho My Commission Expires: official seal, the day Of August 13,2025 The Ada County Highway Distdot (ACHO) is committed to compliance with Title V1 of the Civil Rights Act of 1964 and related regulations and directives. A CHO assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any A CHD service, program or activity, RESOLUTION 2363 - AUTHORIZING AN ABANDONMENT/VACATION/EXCHANGE OF PUBLIC RIGHT-OF-WAY BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND PINNACLE LAND DEVELOPMENT LLC WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES - page 3 �fE IDEZ IAN— APPROVED e<Pi,�e n,.<em..e ro m�e cops=:. cos � >on�io rePon Pueet�m� of oePea�o�<. it Number. m M V bon for West Daphne Street Vacation Maw 6, 2020 A portion of West Daphne Street right of way as shown on Black Cat Estates No. 2, as filed to Book 32 of Plats at Pages 1945 and 1946, records of Ada County, Idaho, situated within the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularty described as follows: Commencing at the Section corner common to Sections 27, 28, 33, and 34, TAN. RAW, B.M. from which the 1/4 comer common to said Sections 27 and 28 bears North 00031'09" East, 2637.37 feet; thence on the West boundary One of said Section 27, North 00°31'09" East, 634.40 feet; thence on the Westerly extension of and the South right-of-way line of West Daphne Street, South 89916'68" last, 230.00 feet to the REAL POINT OF BEGINNING; thence leaving said South right-of-way line, North 00031'09" East. 50.00 feet to the North right-of-way line of West Daphne Strut; thence on said North right-of-way line, South 89°16'58" East, 273.80 feet; thence leaving said North right-of-way line, South 00*31'09" Vilest, 50.00 feet to said South right-of-way tine; thence on said South right-of-way line, North 89°16'58" West, 273.80 feet to the REAL POINT OF BEGINNING. Containing 13,690 square feet or 0.31 ages, more or less. End of Description. Page t. of I �fE IDIAN- APP OVED, Th— pn h— b f . . . d ro ..11 —d ........... rePon Permit N.— 1/4 10 40 100 28! 27 0 2D w SCALE: I- 80s JL BLOCK 2 BLACK CAT ESTATES NO. 2 SUMMSION S89*16'WE 273.a(y --7it sit Ig W. DAPHNE ST. S6916'581 230.001 ;;F-) REAL PCXN N89'16'5rW 271W T OF BEGINNING (D BLOCK 1 BUCK CAT ESTATES NO. I SUMMMON 28* 27 79 IDAHO EXHIBIT DRAWING FOR SURVEY *N"Wem 11 RIGHT OF WAY VACAMN 004w; 004D "m popfoWv 1 - WEST DAPHNE STREET, GROUP, LLC UMIM M BE SW 1/4 Or W SW 114 W =a m-O Ty, TAK, MIM, M.M. AM MNM. WM A �fE IDEZ IAN— APPROVED .<Pi,�e n,.<et...e ro m�e cops=:. cos � on�io rePon Pueet�m� it Number. m Descdptbn for fight-oWay D+edlea ion Brody Square Subdivision ,Bayne 18, 2020 A portion Lot 1, Block 1, Black Cat Estates No. 1 as filed in Book 29 of Plats at Papa 1798 and 1799, records of Ads County, Idaho, situated within the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 4 North, mange 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 27, 28, 33, and 34 from which than 1/4 comer common to said Sections 27 and 28 bears North 00*31'09" East, 2637.37 feet; thence on the West boundary line of said Section 27, North 00°31'W' East, 634.40 feet to the Westerly extension of the South right-of-way line of West Daphne Stnast; thence on the Westerly extension of and the South right-of-way line of West Daphne Street, South 89°16'58" East,183.07 feet to the REAL POINT Of BEGINNING 'A', thence conllnuing on said South right-of-way line South 89*18'68" East, 66.93 feet; thence leaving said South right-of-way One, South 00°31'09" West, 127.21 feet; thence 31.42 fleet along the are of curve to the left having a radius of 20.00 feet, a central angle of 90°00'01" and a long chord which bears South 44"28'51" East, 28.28 feet; thence South 89°28'62" East, 233.80 feet thence 31.42 feet along the arc of curve to the left haying a radius of 20.00 feet, a central angle of 891WW' and a " chord which bears North 45°31'09" East, 28.28 feet; thence North 00"31'09" East, 126.26 feet to said South right-of-way line; thence on said South right-of-way line, South 89°16'58" East, 67.07 feet; thence leaving said South right-of-way line, 31.49 feet along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 90011'53" and a long chord which bears South 45037'05" West, 28.33 feet; thence South 00'31'09" West, 284.69 feet to the South boundary line of said Lot 1; thence on said South boundary line, North 89°1 T52' Went, 47.00 feet; thence leaving sold South boundary line, North 00"31'09" East, 91.52 feel; Page °I of 3 �fE IDEZ IAN— APPROVED e<Pi,.e n,.<e«. t...e ro m�e ooPa=:. coa � rePon Date: n� of .ePea�o.<. Permit Number. m thence 31.42 feet along the arc of curve to the left having a radius of 20.00 feet, a central angle of 90°00'01" and a long chord which bears North 44"28'61" Wast, 28.28 feet; thence forth 89°28°52" West, 233.80 feet; thence 106.24 feet along the arc of curve to the right having a radius of 67.00 feet, a central angle of 90°00'01" and a long chord which bears forth 44"2V51" West, 94.75 feet; thence North 00031'09" East, 107.44 feet; thence 31.35 feet along the arc of curve to the left having a radius of 20.00 feet, a central angle of 89°48'07" and a long chord which bears forth 44*27W West, 28.24 feet to the REAL PINT OF BEGINNING 'A'. Containing 0.82 acres, more or less. F ?ii1.J A portion of the parcel of land conveyed by a Quitclaim dead, recorded March 20, 2009, as Instrument No. 1090319M and a portion of Lot 1, Block 2, Black Cat Mates No. 2, as filed In Stook 32 of Plats at Pages 1945 and 1946, records of Ada County, Idaho, situated within the Southwest 114 of the Southwest 1/4 of Section 27, Township 4 North, Lange 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 27, 28, 33, and 34 fmm which the 114 corner common to said Sections 27 and 28 bars North 00"31'09" East, 2637.37 feet; thence on the West boundary line of said Section 27, North 00°31'09" East, 634.40 feet to the Westerly extension of the South right-of-way line of West Daphne Street; thence on the Westerly extension of and the South right -cif -way One of West Daphne Street, South 69°16,58. East, 163.07 feet; thence leaving sold South right-of-way One, North 00°21'39" East, 50.00 feet to a point on the North right-of-way line of West Daphne Street and the REAL POINT OF BEGINNING 'B', thence leaving said North right-of-way line, 31.49 feet along the are of a curve to the left, said curve having a radius of 20,00 feet, a central angle of 90911'53" and a long chord which bears North 45°37'05" East, 28.33 feet; thence North 00031'09" toast, 435.66 feet; thence 105.24 feet along the arc of curve to the right having a radius of 67.00 feet, a central angle of 90900'00" and a long chord which bears North 45031'09" East, 94.75 feet; "age 2 of 3 �fE IDEZ IAN— APPROVED e<Pi,�e n,.<et...e ro m�e Dope=:. cos � >on�io eo<o r,na Poa�o�< rePon Date: n� of oeooa�o<e. Permit Number. m thence South 89028'51" East, 410.79 feet to the West boundary line of Lot 2, Block 2 of said Slade Cat Estates No. 2; thence on said West boundary tine. South 00.31'08" West, 47.00 feet; thence leaving said West boundary Hne, North 89°28'51" West, 90.00 feet; thence 31.42 feet along the arc of curve to the left having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord which bears South 45631'09" West, 28.28 feet; thence South 00*31'09" West, 437.07 feet thence 31.35 feet along the arc of curve to the left having a radius of 20.00 feet, a central angle of 89°48'07" and a long chord which bears South 44°22'55" East, 28.24 feet to said the North right-of-way line; thence on said North right-of-way line, North 89°16'SW West, 66.93 feet; thence heaving sold North right -of --way line, North 00*31'09" East, 456.84 feet; theme 31.42 feet along the arc of curve to the left having a radius of 20.00 feet, a central angle of 90000'00" and a long chord which bears North 44028'51" West 28.28 feet; thence North 89028'51" West, 233.80 feet; thence 31.42 feet along the arc of curve to the lest having a radius of 20.00 feet, a central angle of 90"00'00" and a long chord which bears South 45°31'09" West, 28.28 feet; thence South 00-31'09" West, 455.89 feet to said North right-of-way line; thence on said North right-of-way line, North 89016'68" West, 67.07 feet to the REAL POINT OF BEGINNING `B'. Containing 1.53 acres, more or less. End of Description. Page 3of3 �fE IDIAN— APP OVED, Th— pn h— b f . . . d ro ..H —d ........... rePon uet Pe it N.— r— �, X "" alQ ,i;C. yi. 4% N :�t 2 MAHO MDPOSEI,'� OPG-IT iDit' hAT 3,NF1 SURVEY D GROUP, LLC w . �pc V-. QV W�Al�'. e\v