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Home My WebLink AboutCC - Staff Report for 5-23 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/23/2023 0 Legend DATE: R-8 lei PFajeat Lava-iar u TO: Mayor&City Council R-4 a: FROM: Sonya Allen,Associate Planner ALL' 208-489-0573 SUBJECT: H-2023-0024 - � Sky Mesa Highlands No. 1 (Lot 37, Block 1) -VAC E=L-1 ft--1iA L,RD 1111 LOCATION: 6372 S. Cubola Way, in the SE 1/4 of RUT Section 32,T.3N., R.1 E. R 1 RUT R-8 R-8 4 I. PROJECT DESCRIPTION Request to vacate the southerly 0.5-feet of the 5-foot wide side yard utility easement along the northern boundary of Lot 37,Block 1, Sky Mesa Highlands Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Terry O'Brien,J-U-B Engineering,Inc.—2760 W. Excursion Ln., Ste. 400,Meridian,ID 83642 B. Owner: Sky Mesa Development,LLC—923 S. Bridgeway Pl.,Eagle,ID 83616 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others", which requires approval from City Council at a public hearing. IV. NOTICING City Council Posting Date Newspaper Notification 5/7/2023 Pagel Radius notification mailed to 5/5/2023 properties within 300 feet Next Door posting 5/5/2023 V. STAFF ANALYSIS The Applicant requests approval to vacate the southerly 0.5-feet of the 5-foot wide side yard utility easement along the northern boundary of Lot 37,Block 1, Sky Mesa Highlands Subdivision No. 1. Note:New easements cannot be dedicated through the vacation process.A separate recorded easement is necessary to dedicate a new easement. A property boundary adjustment(PBA-2023-0002)was recently approved that shifted the northerly side property line 0.50-feet to the north. A legal description and exhibit map of the portion of the easement proposed to be vacated is included in Section VI below. The Applicant states there are no underground or overhead utilities in the subject easement area. Relinquishment letters were received from Lumen(fka Century Link),Nampa&Meridian Irrigation District, Idaho Power, Intermountain Gas Company, Boise Project Board of Control on behalf of New York Irrigation District and Boise-Kuna Irrigation District, Sparklight,Veolia and TDS Telecom for the portion of the easement proposed to be vacated. VI. DECISION A. Staff: Staff recommends approval of the partial vacation of the public utility easement as proposed by the Applicant and as agreed upon by the easement holders. Page 2 VII. EXHIBIT Legal Description&Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated JVM 010NlY�.MIL'. .a..wiirns[nwuNFt Exhibit"A" Sky Mesa Highlands;Subdivision No. I Lot 37,Block I—Partial Easement Vacation Legal Description Project No. 10-20-082 January 19,2023 A tract o£land being a portion of Lot 37 or Block 1 as shown on the Plat ofSky Mesa Highlands Subdivision No. 1 recorded in Hook 121 of Plats at Pages 19016 through 19028, Ada County Records, hereinafter referred to as"Sky Mesa Highlands No. 1", situate in the southeast quarter of Section 32, Township 3 North,Range 1 East,Boise Meridian,City of Meridian,County of Ada,State of Idaho,and being more particularly described as follows: Commencing at the south sixteenth corner on the east line of said Section 32;thence from said Point of Commencement„ South 00'13'37"West,coincident with the east line of said Section 32, a distance of 1,338.07 feet to the southeast comer of said Section 32; thence leaving said east line,North 89'56'45" West,coincident with the south line of said Section 12,a distance of 275.07 feet;thence leaving said south line,the following two(2)consecutive courses and distances; I_ North 00°03'15"East,a distance of 40.00 feet to a 5J8-inch rebar marking an angle point in the houndary lino of said Sky Mesa Highlands No. I,and 2. continuing North O0a03'15"Nast,coincident with said boundary line,a distance of 16.00 feel to a 1/2-inch rebar marking an angle point in the southerly line of Lot 38 of Block 1 as shown an said Sky Mesa Highlands No. 1; thence leaving said boundary,coincident with the respective southerly and easterly lines of said Lot 38,the following three(3)consecutive courses and distances: 1. South 89°5645"East,a distance of 191.11 feet to a 112-inch rebar, 2. North 45'08'26"East,a distance of 39,83 feet to a 1/2-inch rebar,and 3, North 00113'37"East,a distance of 112.44 feet; thence leaving the easterly line of said Lot 38,North 89146'23"West, a distance of 25.00 feet to the northeasterly corner of the aforesaid Lot 37;thence South 00°13'37"West,coincident with the easterly line of said Lot 37,a distance or 5.00 feet to a point on a line lying 5.00-feet southerly of,measured at right angles,and parallel with the northerly I ine of said Lot 37;thence leaving said easterly line,North 89°46'23" West, coincident with said parallel line, a distance of 10.00 feet to the Point of Beginning of this description; thence from said Point of Beginning,continuing North 89°46'23"West,coincident with said parallel line, a distance of 103.23 feet;thence North 48°27'41"West,a distance of0.76 feet to a point on a line lying 4.50-feet southerly of,measured at right angles,and parallel with the northerly lint of said Lot 37;thence laauary 19,2023 lG-2M82_Lot17 E:mtVac.docx Page I oft 2760 West Excursion Lane,&dte400„Meridian,11) 836,42S752 if www.iub_com 208.376.733a Page 3 South 89"46'23"East,wincident with said parallel line,a distance of 103.80 feet to a point on aline lying l OM-feet westerly of; mi!asured at right angles,and parallel with the easterly line of said Lot 37; thence South 00013'3T'West,a distance of 0.50 feet to the Point of Beginning. Containing an area of 52 square feet of land,more or less. The above-described tract of Iand is shown on Exhibit"B"attached hereto and made a part hereof: End of Description. J,U-B ENGINEERS, Inc. This description was prepared by me or under my direct supervision. If any portion of this description is modified or removed(including,but not limited to,the graphic portion shown on Exhibit"B')without the express written consent of Timothy Ilarrigan, PLS,all professional liability associated with this dcx Llmont is hereby declared null and void, r ENS Timothy Harrig PLS 17665 � 17665 � hate January 19,2023 10-20-082_lot37_BmtVac.dacx M 2 of 2 Page 4 LINE TABLE PQC S. CUBOLA WAY - . NO- f3EARJNG ❑fST. L1 N45'08'26"E 39,83' 8 L2 N&746'23"W 25.00' I I 'lll I - {f� LOT 36, BLOCK 1 s n r2 ryo Li SCAL IN FM i SEE DETAIL r SHEET 2 LOT 37, i OLOCK 1 � I �L__ _ - - - LOT 38, I I BLOCK 1 ti T N40'03'15"E 16.00'` -- -- — � '--N0O-03'15"E 40,00' E. LAKE HAZEL ROAD 32 33 s c - - — — — — — T3N LEGEND N89'56'45"VV 275.07' T2N g 5 4 — SECTION CORNER G�-NS c^ g 0 • — MONUMENTS 0 — DIMENSION POINT I_ 176 5 �u POC — POINT OF COMMENCEMENT POB - POINT OF BEGINNING OF - - - - SECTION LINE a ----------- - --- - TIE LINE - - -- - - -- EXISTING PROPERTY LINES - PORTION OF UTILITY EASEMENT TO BE VACATED 3 EXHIBIT "B" 9K)F MESA HIGHLALIM59 SURD. NO. I Q CAB x LOT 37 BLOCK 1 - PARTIAL, EASEMENT VACATION SHl ET aue�ewl4.+xc, .SITUATE IN THE SOUTHEAST QUARTER OF SECTION 32. T3N, Rl E, 1 OF 2 80ISE MERMAN CITY OF MERIDIAN,COUNTY OF AAA STATE OF IDAHO Page 5 10A O0- I �• I I ff I r ,• I I ti r'f LOT 36, NN BLOCK I I ----- ------ -_� •N F- `.� ---L2- w S89'4 '23"E 103.80' L6 L3 co z-r��r1 T1 z-tom z r z L4 Lu L5 N69'45'23-V 103.23' --- POB U) a LOT 38, LOT 37, i BLOCK 1 BLOCK i i 1 t ' - F I I I I r SCALE FN FEET I d UNE TABLE r N0. BEARING QIST. r L+4l L2 N89'46'23"W 25.170' 0 SOO'13'37'W 5.Go, + C [ L4 NOW46'23'W 10.00, 17665 �u L5 N4$'27"41*M1+ 0.76' y 1a SEE SHEET 1 L6 sa0'13'37'W a. o' FOR LEGEND f EXH[BIT "On SKY MESA HIGHLANDS SLIBo. IVo. 1 C. B► LOT 37 BLOCK 7 - PARTIAL EASEMENT VACATION SHEET SITUATE IN THE SOUTHEnAS7 QUARTER OF SECTION 32,T3N, Rf E, a Jy�E �� BOiSE MERIDIAN CITY OF MERIDIAN COUNTY OF ADD STATE OF IOAHO �QF� a Page 6