HomeMy WebLinkAboutScottsdale Subdivision VAC-04-002
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05107104 02:45 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT .on
111111111I111111I1111111I111I11111111
104056165
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
VACATION OF EASEMENTS FOR LOTS )
2 & 3, BLOCK 1, LOTS 3 & 4, BLOCK 1, )
LOTS 1 & 2, BLOCK 2, AND LOTS 4 & 5, )
BLOCK 2 FOR SCOTTSDALE SUBDIVISION, )
LOCA TED SOUTH OF WEST FRANKLIN )
ROAD AND EAST OF SOUTH LINDER )
ROAD, MERIDIAN, IDAHO )
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LANDMARK ENGINEERING AND
PLANNING,INC.
APPLICANT.
C/C 04/06/04
CASE NO. VAC-04-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF EASEMENTS
This matter coming on regularly before the City Council at its regular meeting held on
April 6, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and
Zoning Department, 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 Findings of Fact and Decision and
Order.
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 1 OF 8
ST A TEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}.
2. When a county or highway district desires the abandonment or vacation of any
highway, public street or public right-of-way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions of Chapter 13, Title 50 Idaho Code {I.C. 940-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized fonn 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, finn,
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 all property
owners within three hundred feet (300') 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 of the 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 of the 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 of the 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. {LC. S 50-1306A (1), (2), (3) and (5)}
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 2 OF 8
4. Pursuant to Meridian City Code 9~ 12-10-1 A and Band 12-10-2 A and Bit
provides as follows:
12-10-1
APPLICATION PROCEDURE:
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 ofthe 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 an
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 shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 3 OF 8
FINDINGS OF FACT
1. Landmark Engineering & Planning, Inc., on behalf of the applicant, Wolfe
Commercial Enterprises, LLC, filed a petition for the vacation of the five-foot (5')
wide permanent public utilities, drainage, and irrigation easements located on
each side of the following lot lines: Lots 2 and 3, Block 1, Lots 3 and 4, Block 1;
Lots 1 and 2, Block 2; and Lots 4 and 5, Block 2. The portion of the twelve-foot
(12') wide pennanent public utilities, drainage, and irrigation easements located
adjacent to any public street right-of-way or subdivision boundary being a strip
two feet (2') wide and located between the ten feet (10') and twelve feet (12')
away from any public street right-of-way or subdivision boundary. The twenty
foot (20') wide landscapelbuffer easement located adjacent to the subdivision
boundary, located south of West Franklin Road and east of South Linder Road,
Meridian, Idaho, and the easements along the side lot lines are requested for
vacation due to the fact that they would extend through the middle portion of the
re-platted lots causing issues for selling houses on the lots. The easements
adjacent to street right-of-way and the subdivision boundary are only required to
be ten feet (10') wide by Meridian Ordinance. The existing twelve foot (12')
wide easements would encroach into the buildable area of several lots. Finally,
the twenty-foot (20') wide landscape easement would encroach into the buildable
area of several lots by up to ten feet (10'). The easement was originally granted
under the premise of a commercial development adjacent to the existing
residential areas. The proposed re-plat (Scottsdale Villas Subdivision) is for
single-family residential which is compatible with the surrounding residential
areas. The legal description of the existing unused sewer easement, is the subject
of this petition, is:
Lots 2,3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale
Subdivision, Ada County, Idaho according to the official plat thereof, recorded in
Book 82 of Plats at pages 8916 through 8917, official records of Ada County,
Idaho.
2. The particular circumstances of the requested vacation is:
The vacation ofthe five-foot (5') wide pennanent public utilities, drainage, and
irrigation easements located on each side of the following lot lines: Lots 2 and 3,
Block 1, Lots 3 and 4, Block 1; Lots I and 2, Block 2; and Lots 4 and 5, Block 2.
The portion of the twelve-foot (12') wide permanent public utilities, drainage, and
irrigation easements located adjacent to any public street right-of-way or
subdivision boundary being a strip two feet (2 ') wide and located between the ten
feet (10') and twelve feet (12') away from any public street right-of-way or
subdivision boundary. The twenty foot (20') wide landscapelbuffer easement
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 4 OF 8
located adjacent to the subdivision boundary, located south of West Franklin Road
and east of South Linder Road, Meridian, Idaho, and the easements along the side
lot lines are requested for vacation due to the fact that they would extend through
the middle portion of the re-platted lots causing issues for selling houses on the
lots. The easements adjacent to street right-of-way and the subdivision boundary
are only required to be ten feet (10') wide by Meridian Ordinance. The existing
twelve foot (12') wide easements would encroach into the buildable area of
several lots. Finally, the twenty-foot (20') wide landscape easement would
encroach into the buildable area of several lots byup to ten feet (10'). The
easement was originally granted under the premise of a commercial development
adjacent to the existing residential areas. The proposed re-plat (Scottsdale Villas
Subdivision) is for single-family residential which is compatible with the
surrounding residential areas., located south of West Franklin Road and east of
South Linder Road, Meridian, Idaho.
3. Written notice of the public hearing ofthis 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 Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
4. All publication costs have been paid by the petitioner.
5. The vacation is necessary as the applicant has requested consent to vacate several
previously platted easements in Scottsdale Subdivision on the south side ofW.
Franklin Road along SW 8th and Alden Streets. In May 2003, the City of
Meridian approved a re-subdivision of Scottsdale Subdivision (commercial),
renamed as Scottsdale Villas Subdivision (residential). During that re-subdivision
process, the applicant and staff failed to address the existing easements of record
(for the commercial sub) which would potentially conflict with the new lot
configuration (in the residential sub, Scottsdale Villas). Idaho Code 50-1325
requires that all easements created on subdivision plats "shall be vacated in the
same manner as streets" and must be approved by the local jurisdictions.
Therefore, the applicant is proposing to vacate those easements within Scottsdale
Subdivision (commercial) that are in conflict with the new lots and lotting pattern
of Scottsdale Villas Subdivision.
6. The applicant shall be required to comply with the following Recommendations
ofthe Nampa & Meridian Irrigation District as follows:
1. The District's Eight Mile Lateral courses along the northeast corner of this
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC~04~002
PAGE 5 OF 8
parcel. This easement must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is
started, is unacceptable.
DECISION AND ORDER OF VACATION OF EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
ST A TEMENT 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 is the legal description of the existing easements located south of
West Franklin Road and east of South Linder Road, Meridian, Idaho, and are
hereby vacated:
Lots 2,3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale
Subdivision, Ada County, Idaho according to the official plat thereof, recorded in
Book 82 of Plats at pages 8916 through 8917, official records of Ada County,
Idaho.
2. The petition for the vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4,
Block 1; Lots 1 & 2, Block 2, and Lots 4 & 5, Block 2 for Scottsdale Subdivision,
located south of West Franklin Road and east of South Linder Road are hereby
granted.
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
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 6 OF 8
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
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By action of the City Council at its regular meeting held on the ,?-u day of
+~/ ,2004.
ROLL CALL
COUNCILMAN WARDLE
VOTED ffa'---
COUNCILMAN NARY
VOTED ~'-
COUNCILMAN ROUNTREE
VOTED ~f'-
VOTED !;jelL-
COUNCILMAN BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1-to ~o4--
--
VOTED
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE70F8
Attest:
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City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Depart~fi;ntl\llllJrlJllllll
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DATED:
STATE OF IDAHO, )
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County of Ada. )
On this ;1./ sf day of A~rj { , 2004, before me, the undersigned,
a Notary Public in and for said State, pe sonalIy appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - VAC-04-002
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