HomeMy WebLinkAboutSundance Place Subdivision VAC-02-001
BEFORE THE MERIDIAN CITY COUNCIL
IN THE :MATTER OF THE REQUEST )
FOR VACATION OF AN EXISTING )
SEWER EASEMENT IN THE PROPOSED)
SUN DANCE PLACE SUBDIVISION, )
MERIDIAN, IDAHO )
)
)
)
)
)
BRIGGS ENGINEERING, APPLICANT )
)
CIC 03/19/02
CASE NO. V AC-02-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF AN EXISTING SEWER
EASEMENT
This matter coming on regularly before the City Council at its regular meeting on
the 19th day of March, 2002, at the hour of 7:30 p.m., and Brad Watson, City Engineer,
Steve Arnold, and Marty Goldsmith, appeared and testified at the hearing, and the
Council having received the record from the Planning and Zoning Commission and its
recommendations to the City Council, and no objection having been received makes the
following Fin.dings of Fact and Decision and Order.
STATEMENT OF LEGAL AUfHORITY AND JURISDICTION
CONCLUSIONS OF LAW
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 1 of 7
1. Easements shall be vacated in the same manner as streets. {I.C. SO-132S}.
2. The vacation of an easement which was accepted as part of a platted
subdivision shall be vacated pursuant to the provision of Chapter 13} Title
So Idaho Code {I.C. 40-203 (6)}.
3. Any person} firm, association, corporation or other legally recognized form
of business desiring to vacate a part of a plat which is inside the
boundaries of any City must petition the City Council to vacate. Any
person, persons, firm, association, corporation or other legally recognized
form of business desiring to vacate a plat or any part thereof which is
inside or within one (1) mile of the boundaries of any city must petition the
city council to vacate. Such petition shall set forth particular
circumstances of the requests to vacate; contain a legal description of the
platted area or property to be vacated; the names of the persons affected
thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with
return receipt, at least ten (10) days prior to the date of public hearing to
aU property owners within three hundred feet (3001) of the boundaries of
'the.area described in the petition. Such notice of public hearing shall also
be published once a week for two (2) successive weeks in the official
newspaper ofthe city, the last of which shall be not less than seven (7) days
prior to the date of said hearing; provided, however, that in a proceeding
as to the vacation of all or a portion of a cemetery plat where there has
been no interment, or in the case of a cemetery being within three hundred
feet (300') of another plat for which a vacation is sought, publication ofthe
notice of hearing shall be the only required notice as to the property
owners in the cemetery. When the procedures set forth herein have been
fulfilled} the city council may grant the request to vacate with such
restrictions as they deem necessary in the public interest. In the case of
easements granted for gas, sewer, water, telephone, cable television,
power, drainage, and slope purposes} public notice of intent to vacate is
not required. Vacation of these easements shall occur upon the recording
ofthe new or amended plat, provided that all-affected easement holders
have been notified by certified mail, return receipt requested, of the
proposed vacation and have agreed to the same in writing. {l.C. SO-I306A
(1), (2)} (3) and (S)}
4. Pursuant to Meridian City Code 12-10-1 A and B and 12-10~2 A and B it
provides as follows:
12-10-1
APPLICATION PROCEDURE:
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 2 of 7
1. Application: Any property owner desiring to vacate an existing
subdivision, public right of way or easement shall complete and file an
application with the Administrator. These provisions shall not apply to the
widening of any street which is shown on this Comprehensive
Development Plan, or the dedication of streets, rights of way or easements
to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration
at the next regular meeting of the Commission which is held not less than
fifteen (15) days after said date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the request
and all agency responses and make a recommendation to the Council for
either approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation
procedures, the Council shall establish a date for a public hearing and give
such public notice as required by law. The Council may approve, deny or
modify the application. Whenever public rights-of-way or lands are
vacated, the Council shall provide adjacent property owners with a quit-
claim deed for the vacated rights of way in such proportions as are
prescribed by law.
2. Street Improvements; Bond: When considering an application for
dedication procedures, the Council may approve, deny or modify the
application. When a dedication is approved, the required street
improvements shall be constructed or a bond furnished assuring the
construction, prior to acceptance of the dedication. To complete the
acceptance of any dedication of land, the owner shan furnish to the
Council a deed describing and conveying such lands to be recorded with
the County Recorder.
FINDINGS OF FACT
1. Briggs Engineering, filed a petition for the vacation of an existing sewer
easement dedicated to the City of Meridian in the proposed Sundance
Place Subdivision, as dedicated in the Warranty Deed from David N.
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 3 of 7
Bayless and Eunice J. Bayless, who acquired title as Eunice J. Bayless,
husband and "Wife, to G.L. Voigt Development Co., recorded October 10,
2001, as Instrument No. 101105428.
2. The legal description of the existing sewer easement which is the subject of
this petition is:
A parcel of land being the north 36 feet of the SW 1/4 of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the northwest corner of the SW 1/4 of Section 31, Township
4 North, Range 1 East, Boise Meridian, Ada County, Idaho, the REAL
POINT OF BEGINNING ofthis description;
Thence S 89049'38" E 2400.30 feet (formerly 2416.26) to the northeast
corner ofthe.SW 1/4;
Thence S 0042'08" W 36.00 feet along the east line of the SW 1/4 to a point;
Thence N 89049'38" W 2400.38 feet to a point on the west line of the SW
If4;
Thence N 00050'16" E 36.00 feet to the REAL POINT OF BEGINNING of
this description.
3. The particular circumstances of the requested vacation is:
The vacation is required to vacate a sewer easement dedicated to the City
of Meridian because a duplicate easement has been dedicated at a
mutually agreed location "Within Sundance Place Subdivision.
4. The applicant has obtained notarized approval of the easement vacation
from affected utilities.
5. Written notice of the public hearing of this petition was given by certified
mail "With return receipt at least ten (10) days prior to the date of the public
hearing to all property owners "Within three hundred feet (300') of the
_boundaries of the area described in the petition, and such notice was also
published once a week for two (2) successive weeks in the IdahoStatesman
"With the last publication which was not less than seven (7) days prior to the
hearing.
7. All publication costs have been paid by the petitioner.
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 4 of 7
8. The existing sewer easement vacation shall be approved subject to the
Public Works Department's approval ofthe alternate routing of the White
Drain Trunk Line through the subject parcel as part of the construction
contract.
DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND
JURISDICTION, the City Council does hereby ORDER and this does ORDER
that:
1. The following existing sewer easement as depicted on the Record of Survey
'of the proposed Sundance Place Subdivision, is hereby vacated:
A parcel of land being the north 36 feet of the SW 1/4 of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the northwest corner of the SW 1/4 of Section 31, Township
4 North, Range 1 East, Boise Meridian, Ada County, Idaho, the REAL
POINT OF BEGINNING of this description;
Thence S 89049'38" E 2400.30 feet (formerly 2416.26) to the northeast
corner of the SW 1/4;
Thence S 0042'08" W 36.00 feet along the east line of the SW 1/4 to a point;
Thence N 89049'38" W 2400.38 feet to a point on the west line of the SW
1/4;
Thence N 00050'16" E 36.00 feetto the REAL POINT OF BEGINNING of
this description.
2. The existing sewer easement vacation shall be approved subject to the
Public Works Department's approval of the alternate routing of the White
Drain Truck Line through the subject parcel as part of the construction
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 5 of 7
contract.
3. The City Clerk shall cause a copy of this order to be served upon the
affected utility holders, and the petitioner, Public Works, Planning and
Zoning Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy of this order to be recorded with
the Ada County Recorders office.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 67-6521 an affected person being a person who has
an interest in real prop~rty. which may be adversely affected by the issuance or denial of
the vacation ffi(;ly \Vithin twenty-eight (28) days after the date of this decision and order
seekajudicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 2. /I!!:' day of
/Jprl Z
,2002.
ROLL CALL
COUNCILMAN BIRD
VOTED [fecv
VOTED ~6c-
VOTED ffkv~
VOTED {jcVL--
VOTED ,-
COUNCILWOMAN de WEERD
COUNCILWOMAN Mc CANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
Approved: m--=:::~_
Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 6 of 7
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Copy served upon Applicant, the Planning and Zoning Department, Public W6XI\SQ~!~\!~:i:11!!
Department and City Attorney. ;/'0';<d';;',~jc/,^.!;
By:,~k~~fb DATED:4-2-cJzl rk2"'"
City Clerk . .~ \~j(i,.,
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Findings of Fact and Conclusions of Law and
Order of Vacation for Sundance Place Subdivision
V AC-02-001
Page 7 of 7