HomeMy WebLinkAboutACHD Approval V1E IDIAN -
APPROVED
DAT 07/26/22
ADA COUNTY RECORDER Phil McGrane 2022-055299
BOISEIDAHO Pgs=6 LINDSAY WHEELER 06/13/2022 04:54 PM
ADA COUNTY HIGHWAY DISTRICT NO FEE
RESOLUTION NUMBER 2384
AUTHORIZING AN ABANDONMENT.IVACATION OF PUBLIC RIGHT-017-WAY BY AND BETWEEN THE
ADA COUNTY HIGHWAY DISTRICT AND THE 8VA ... ROLLING HILLS O. LLB, ITH OT _ �Q, W HER
CONSIDERATIONS BlErsVEEN THE PARTIES.
WHEREAS, by its Resolution Number 2384 adopted and approved at its regular meeting held on
june 8, 2022, the Ada County Highway District Commission, in accordance with the requirements of Idaho
Code, section 4(31309 and 40-203, found that Public Right of Way known as Rolling Hills Drive Right -of -
Way Vacation to BVA Rolling_H lis o. I C being a por ition of Rolling Hillsri Dve, s(tuaW in the
ty Noftvest Y4 of the Southeast', of Section 16, Township 3 North, Range I East, B K, C; of Meridian,
Ada County, Idaho,, containing 1.299 acres (56,15199 SF), more or legs, particularly described in Exhibit "A"
therainafter'subject public dght-of-way) was no longer useful to ACHD and set a public hearing before the
Commission for 12:00 P&I or as soon ftmafter as the maftr may be heard or of 6:00 PM or as soon
thereaffer as the rriaftr may be heard, on June 8, 2022, 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 40-1309t the Commission does
hereby make the following findings of fact and conclusions of law:
FINDINGS OF FACT:
I . Date of Application, February 16, 202-9.
2, Upon the filing of a petition by the Petitioner for the abandQn.. menUvacation of the subject public
right-of-way, the following organizations and agencies were notified on March 22,2022,
A. Ada County Highway District Staff members.
B, All appropriate local agencies and utilities, were contacted, and commeras mquested,
3. Or, May .4, 2022, a public hearing date was set by the Board of Commissioners for June 8,
2022.
4. Following the filing of the petition for the abandonmenYvacation Of the subject pqb'ic right -of
way parcel, property owners within 600 feel of the subject Public right -of way were notified by
mall on May 5, 2022, of the tirne, date, and place of the public hearing.
6. 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 Mley 24h, 25th and June ist,
922, and an affidavit of publication was received by the Ada,Courity Highway District and is
on file in the office of the fthkf-Way Department.
6, Any and -all comments received from the b1a.rch 22, 42Z. notification of Ada County Highway
District Staff members and all applicable IoQaI agencies are on file in the office of the Righ,wf-
Way Department and are included within the Public Hearing staff memo dated hlay 24, 202?,
7, Any and. ail comments, received from those property owners of real properly within 600 fee Of
the subject public right-of-way are on file in the office of the Rlght4-'Nay Department and are
included within the Public Hearing staff memo dated May 24, 2022
8. An appralsaYdaterminatiOn of value of the subject public right-of-way was prepared on
December 10, 2021: said appraisal/datermination of value was prepared in accordance with
the Uniform Standards of Professional Appraisal and. determined the fair market value of the
RE$OLUTION 2394 — AUTHORIZING AN ABANDONMENTAIACATION OF PUBLIC RIGHT-OF-WAY
BY AND BETWEEN THE ADA COUNTY HIGHWAY Gl5 T RICT AND BVA ROLI Q. HILLS. NO.,.1,4(Z
WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES
- page 1
APPROVED
DAT 07/26/22
ECE `IU6IBER'Peazazz-tote
subject right -off -way to ba Eight Hundred Twenti-Nine Thousand Dollars and Zero Cents
($39 7, 193.00).
9. At the public hearing or, Wednesday, June S, 2022, oral and or written testimony was
presented and at the conclusion of which President Fury May, closed the public hearing for
Lestirnony. After discussion: the Commission found the abandonrnerrtfvacation is in the
public's best interest and voted to approve the abandonment/vacation to 8VA. Rollin .Hill No.
1. LLC.
CONCLUSIONS OF LAW:
It is the opinion of the Board of Commissioners of the Ada County Highway Distract, per President
Marry May, Vice -President, Alexis Pickering, 2nd Virz President., Jim D, Hansen, Dent Goldthorpe and Dana
McKinney, Commissioners, that the subject public right-of-way is no longer needed by �e 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 abandonrnentfvacatlon of right-of-way known as the Rolling Hills
Drive Right -of -Way Vacation to 13VA Rolling, Hills Nc.1. 1, LC,. being a portion of Rolling bills Drive, situated
in the Northwest 1% of the Southeast 4 of Section 16, Township 3 North, Range 1 East, ,M., City of
Meridian, Ada County Idaho,.. containing 1.299 acres (56,599 SF), more or less, And more particularly
described in Exhibit "A" be approved and the subject public right-of-way be abandoned/vacated for
$399,193.40 to BVA R Ilin .bills No.. i t, LC.
NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section 40-203 and 40-1309 that
the proposed abando menttvacation of the public righkf°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 an appropriate quitclaim deed for the abandoned./vacated
subject public right-of-way, subject to b)e Blowing;
Retention of public and private utility easements, drainage easements, ir€igation easements
and/or other easements of record or not of record or in use upon; or under said described
public right-of4ay and/or the prey€dons for the relocation or replacement of existing facilities.
Costs associated with relocation or replacement of existing easements and facilities shall be borne by tt e
Petitioner with approval of ttae appilo le utility or agency,
ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its
regular meeting held on this 8 day of June 2022.
RESOLUTION 2384 w AUTHORIZING AN A ANDCNMEN T,vACATIC' OF FUSLIC RIGHT-OF-WAY
BY AND BETWEEN THE ArDA COUNTY HIGHWAY DISTRICT Alga= SVA.RtLL1N.G 14LS NO
WITH OTHER CONSIDERATIONS BETWEEN THE PANTIES
- page 2
E IDI� 11
APPROVED
DAT 07/26/22
SCE %V,9 ; R' Peazazz-aoae
ATTEST:
ADA COUNTY HIGHWAY DISTRICT
BOARD OF COMMIS 710NErR.S:
ek..,a..
Alexis Pickerir�gt'Icer€slder�
Jim 0 > ansen, 2"d tic* Presidol
+ •,
Kent Goldthorpe: L'ornmissioner .
,..v ..:. .. E S r+ � VEI•i '� 3 eBli+3f :,.,,.,,. .......,...._.
GoroN
Bruce S. Wong;' is
STATE OF IOAHO
County of Ada
On this day of .:��,.v 2022: before ma,�
�.
notary public in and for said State, personally appeared Bruce S. on@, Director, and .PTesident, �
MaL Vice -President, Alexis Pk edn `, 2rd Vice President, Jim D. ssn. Comm=ssiorsers Kent
gym.
66Idtho! and Dave M'dKinn6j, known to me to the ward of Commissioners, rasp acti�rely; of
the Ada County Highway District and tha; they executed ibis instrument on behalf of said Highway
Distrfitfor the purpQA@;s therein stated.
IN t!�*NEOF, I have hereunto set my nand and affixed nay official seal, the day
Arad r��c ova Written >
..-L•••N`r`, 4ga."•:,:.M `•M:.,,...
R R
A m '�� Notary public for the State of Idaho
f LIC, m$ Residing at Boise, Idaho
Na-^,
8ND>A�aSeJap�� My Commission Expires:
The Ada �o�rrt�� � district (ACHD) is co mi-fted to con,p1lae with Title i of the Civil fthts Act of
1964 and related regulations and directives. ACHD assures that no person shah on the grounds or race:
color, national ohVin, gender, disability, or age, be excluded from participation in, be denied the benetrts of,
or be othenvise subected to drscrhminaaion under any ACHD service, program or activ r.
RESOLUTION 2384 — AUTHORIZING AN ASANfDO`.IM NTNACATION OF PUBLIC RIGHT-OF-WAY
BY AND BET VEEN THE A A COUNTY HIGHWAY DISTRICT AND VRROLLIN,,.G,ie1LLS ice.. ,ILQ.,
WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES
page 3
E IDIAN —
ll
APPROVED
DAT 07/26/22
:IJ %UtjB;R PBA-2-1
N N G IN 9 E. a ING
Decomber7,2022
20-2j-0
mmv Nib Drm
Rth-,of-way Vacamm
14,wal Dsmepoon
ExhlbltA
A ix"kn"e", of wr a vaick'Vor �€ lfks;a onni'm of WIMtg tC;;,v Drholt, tne
Nw th wes'k, 1/4 C, -, kh s� S * •Kz I.' I ea st !A •tif sexll �0, �,; W, To WT,� v" "i 'N i� ", � ��, 9 �N")ge. 1 sa, 'ki , i'.A t-311 y •o "i
t�m aO', 2u,SkkRmj HSubdIsioOwok IofKj�zg"qmin:g awrns0Lt8,kbdpiWn S
UQofAmldetwwinN9')TYol' ndk\m'w
-, ""� 1-0Ei"mll-w fril"m 't't"a
at� oarfer uf 0, thesn't futgook"'Ah" VIM ww"'t4y dgfit-of-vam ""he of&,W€l goi iv 'k
"Ahe ,kojiovnmq il 'ke, (3) c-oilukum
feetakmg, the am"ve. lo k1h*, -kgh%,mLW moml of 45,0,:� alet"tz,
imp'-, & 112r'2�`--A I a d"ord, L-matring d, ik e;
distance of '74 lhmt ks tilf of�ia0m! floWzng Z�iik�n
, ;�v m KI
mut mm-V\", r .0It-olf-wav 1�nw mml kkovvilg v�� mv'hw%,! ,*%ilt-kaf-,,�vay
obit MwM,0"e a d""'Aance Ltf 5,101 "fine", to eas-m'ly of Rk-ALn 'i-,Z,�"s Vnm�,
k-l'Aksilig ",za "d northedy z nWht- d -wa-, 'mw, �mnd' ffaHowl: qsz wid eartely M-1,11"X4 , way k, +"t'z " g
k3
1, SM".5,1,00", F ') dktzut��N%� of alnxm
2. SUM15 kmli- aNltmg vv— tua. of ,u- cwmve 1* thze r"'ght, u-,,W owma �aeliwr of 011CM ml,
,4 n"a i.
3. SUMS-l"OV-1 �a oll"qUmm of ulo'cR6 lkmt to tft, �k-wtnvmexl ♦wPneru'f UNt '113, 'Mod I �Nxf smwkl Moi";'l
H, 1 '51 sOaMnsicm.,
Thknm"et ��, oavanguNMW e.-nUniv dght-of-way -w, NNO�'Oolvv' V a dUZmmZ,"e 4of MIX-1 tsk��. -,ate
OMM 11%1111WMMG�
Saki v�mr€ ncmtMna a ota2 1 .2919 acxu, [5c �,S59�.vwam ;,kxom of �e.s& Fnmd -B!
Q
of- mx�?"& of krlpiied.
E IDI� Il
APPROVED
DAT 07/26/22
:IJ %U61 B: RPBA2a 2 —1
50.0 '
3 , s VIM'
i Lot 12 �
Lot 16
€ of 11
Lat 10 N � � Lot is
glock 2 � � IJ?
a �l� 1
Unplatted
Unplatted
\I'a�\\\:
$i,.S :X..::, ��L:L��\�a,F +nK.K.. +'co-:;a\\va,o'maw.wauavxavaabavo-r>n\\vti\va+fu.vate\\W\\\\\\ua,\wa\\�\\vav\\\u\\'n\R\�\\\:0��\��\\\v.��w�:�\. r'awK \v, �<�:-.: ;��\�\�:aK.r•:
>.,.e:�\�.:�g �. r,•+. ..�'= � i �\ a ' �\ \\: off. c , � F � 'r. `"f iLM`rv\
w.�..n.\va\u\\\�w�\m:..n..mr����` \.�\';: Z:-�r"'�yR.'�.} VS?�.�x.LM• 3\�ij: E>;�.:r;:..�` \•le��-
S,LC ♦ _ _ {�+vF1.1 @> :[:, �.......v.........,x.x.....,.xxx......... .............,.,,..xxx.,,.,,.v..,,........,,.,..,.,:.....,•, ,. ......,.....,,.,.,,. ..xx...• ,x,.
r' �F ?\ L`�•y.°�'�2 �:22•\i3� kC N§ Z {2\♦ i^{
r L.. P _ .\\' r 3 : =Ls,a.2i,, r\. \.•`�.\ ,C.Z . :\,• :�7�
\`Nn\WAC ••�`!:-K.\\N\\tlCNN.\\\\\\,�: _h �NR\K :-..m,xav�i,•.,r[a\.N.V.VJf,\K............ 0.\\V>PfA\\NN\)N�.� V.V,\\\\\\\VP1\]N.\\\\4\N ti•��NN\\K•.N•4.'x•NwnYY,.w•0.KCN\'v.V �•.\\\, �W��ti•,
E IDI� Il
APPROVED
WE: 07/26/22
A WM&, Paazaza ,
'.�i .e.aM....`A_`v:i ��.Ai�`�.w.Y`.,'v�.ir.ti,>� s�a�..�' �•�.�. •.vY t•\: �:�al',a..�^ram%• � "a'ii�= vv ika�i.Lrv�v`.va ..yv',`n.r.. �:i i�,•Z ........ .......
.........------.. ..... .„ ......
\.. 4i.
�i
i\n. Fes• : a•.w$t .2•- 00 .q' Foe,
_,..:=3.ir,• .fix=�•�=x .l �..:�+Y:=� � �'3Ea,.
of :.v", t^Ck�i.ii4 2.: :;`.3jw� �E v. j:€: "fct.1• �:i;:3\Y: ^ :.`e.]'a ?Y\« i'.1. ?�i:.�, %,�, a: v,�"v..: ..i
(01-mus . now son .ad L'iY`'�•..iv.`.•`U = \ .\ 6 � �»•a?.:. i `: i
0"'395\ram, i sit 110 -,NY,5ri i
v.�`
.a�,::i��?:��Ei�r\ :�3•`.