HomeMy WebLinkAboutCC - Relinquishment Letters From: Clint Hansen
To: Linda Ritter
Subject: FW: Easement Vacation In Lavender Heights Subdivision
Date: Wednesday,June 14,2023 9:07:07 AM
External Sender-Please use caution with links or attachments.
Lavender Heights No. 2 VAC H-2023-0028
Good morning Linda. Please see the response below from Tom Ritthaler at the Boise Project in
regards to the relinquishing of the utility easement.
Clint Hansen, PLS
l fln
Land 5unVng a W Cw1ultlrp
231 E 5th St Ste A,Meridian,ID 83642
(208)288-2040 voice (208)288-2557 fax
www.landsolutions.biz
From:TRitthaler@boiseproject.org<TRitthaler@boiseproject.org>
Sent: Wednesday,June 14, 2023 7:59 AM
To: Clint Hansen <chansen@landsolutions.biz>
Cc:Terri Hasson <terri@nyid.org>;Terri Hasson <terri@nyid.org>
Subject: RE: Easement Vacation In Lavender Heights Subdivision
Clint,
Boise Project and New York Irrigation District have no response to the vacation of this
easement as it is a private PI system managed by the Lavender Heights HOA. You will need to get
the approval of the vacation from the HOA.
Thanks,
Tom
From: Clint Hansen <chansent@landsolutions.biz>
Sent:Tuesday,June 13, 2023 9:44 AM
To:TRitthaler(@boiseproject.org
Subject: Easement Vacation In Lavender Heights Subdivision
Good morning Tom. I emailed Terri and Dawn at the New York Irrigation District and they referred
me to you. We are working with the City of Meridian to get a portion of a public utility easement
vacated on a lot in Lavender Heights Subdivision due to a property boundary adjustment. The City
has indicated that we need to get something in writing from the New York Irrigation District stating
they have no objection to the request, due to the easement being for Public Utilities and Pressure
Irrigation. See the attached information. Can you review and let me know if you are agreeable to
this?Thank you.
Clint Hansen, PLS
'1 hi-d ri
Gana Surveying and Omsul#!ng
231 E 5"St Ste A,Meridian,ID 83642
(208)288-2040 voice (208)288-2557 fax
www.landsolutions.biz
DISCLAIMER
Copies of documents that may be relied upon by Client are limited to the printed copies that are signed or sealed by the Surveyor. Files in electronic
formats,or other types of information furnished by Surveyor to Client such as text,data or graphics,are only for convenience of Client. Any conclusion
or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic formats,Land
Solutions,PC,makes no representations as to long-term compatibility,usability,or readability of documents resulting from the use of software
application packages,operating systems or computer hardware differing from those in use by Land Solutions,PC,at the beginning of this project.
VACATION OF A PORTION OF EXISTING PUBLIC UTILITY , PRESSURE
IRRIGATION AND LOT DRAINAGE EASEMENT
PARCEL B , RECORD OF SURVEY NO . 13726
LAVENDER HEIGHTS SUBDIVISION NO . 2
LOCATED IN THE SE 1 /4 OF THE SW 1 /4 OF SECTION 32 , T . 3N . , R . 1 E . , B . M .
MERIDIAN , ADA COUNTY , IDAHO
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Land Surveying and Consulting
231 E . 5TH ST . , STE . A
MERIDIAN , ID 83642
( 208 ) 288 -2040 (208 ) 288 -2557 fax
www . landsolutions . biz JOB NO . 22 - 68
Legal Description
Easement Vacation
Parcel B , Record of Survey No . 13726
Lavender Heights Subdivision No . 2
A portion of an existing Public Utility , Pressure Irrigation and Lot Drainage easement over a portion
of Parcel B as shown on Record of Survey No . 13726 , records of Ada County , Idaho , being also
over a portion of the platted Lot 11 , Block 9 , of Lavender Heights Subdivision No . 2 , as shown in
Book 122 of Plats on Pages 19344 through 19346 , records of Ada County , Idaho ; being located in
the SE '/4 of the SW '/4 of Section 32 , Township 3 North , Range 1 East , Boise Meridian , City of
Meridian , Ada County , Idaho , and more particularly described as follows :
Commencing at a Brass Cap monument marking the southeast corner of the SE '/4 of the SW '/4 of
said Section 32 , from which a Brass Cap monument marking the northeast corner of said SE '/4 of
the SW '/4 bears N 0 ° 12 ' 02 " E a distance of 1334 . 18 feet ,
Thence N 0 ° 12 ' 02 " E along the east boundary of said SE '/4 of the SW '/4 , being partially along the
easterly boundary of said Lavender Heights Subdivision No . 2 a distance of 737 . 33 feet to the
northeasterly corner of said Parcel B ;
Thence along the northerly boundary of said Parcel B N 89047 ' 24 " W a distance of 10 . 00 feet to a
point on a line 10 . 00 feet westerly of and parallel to the easterly boundary of said Parcel B ;
Thence along said parallel line S 0 ° 12 ' 02 " W a distance of 4 . 87 feet to the POINT OF BEGINNING ;
Thence continuing along said parallel line S 0 ° 12 ' 02 " W a distance of 1 . 20 feet to a point on the
southerly boundary of an existing 5 . 00 foot wide Public Utility , Pressure Irrigation and Lot Drainage
easement as shown on the plat of said Lavender Heights Subdivision No . 2 adjacent to the northerly
boundary of the said Lot 11 , Block 9 ;
Thence leaving said parallel line and along said existing southerly easement boundary N 89 ° 47 ' 24 "
W a distance of 126 . 89 feet to a point on a line 5 . 00 feet easterly of and parallel to the westerly
boundary of said Parcel B ;
Thence along said parallel line N 0 ° 12 ' 02 " E a distance of 1 . 20 feet to a point ;
Thence leaving said parallel line S 89047 ' 24 " E , parallel to the northerly boundary of said Parcel B ,
a distance of 126 . 89 feet to the POINT OF BEGINNING .
This easement vacation parcel contains 152 square feet ( 0 , 003 acres ) and NPR La � o
is subject to any other easements existing or in use . ��° s T s�
Clinton W . Hansen , PLS 11118
Land Solutions , PC 01
January 31 , 2023 <000 'ON � NP
Laltild oluion
Easement Vacation
Land Surveying and Consulting Lavender Heights 2 LLA
Job No . 22 - 68
Page 1 of 1
Laro' ��1. ions
Land Surveying and Consulting
February 2, 2023
Terry Alsup
OSP Construction Supervisor I Cable One
2101 E. Karcher Rd
Nampa, ID 83687
terrence.alsup(a)cableone.biz
Re: Relinquishment of PUID Easement on Lot 11, Block 9, Lavender Heights No. 2
Dear Terry:
We have been requested by Core Building Company to vacate a portion of the public utility,
pressure irrigation, and lot drainage easement that is along the northerly boundary of Lot 11,
Block 9 of Lavender Heights Subdivision No. 2. The portion of the easement to be vacated is the
southerly 1.2 feet of the 5' easement on the northerly boundary of said lot. A property boundary
adjustment has been submitted and approved by the City of Meridian for the lot line between Lot
11 and Lot 9 to adjust the property line to fit the finished construction of the dwellings on the lots.
The vacation of this portion of the easement will vacate that portion that encroaches into the
finished dwelling.
When utilities were installed for this subdivision, utilities were not installed within this portion of
the easement. Our records indicate utilities on the westerly and easterly boundary of the lot, but
not along the northerly boundary.
I have included an exhibit and the legal description that will be recorded as part of the vacation
document. If you agree to the relinquishment, please sign the enclosed Easement Relinquishment
form and return to my attention. Please call me if you have any questions or concerns. Thank
you.
Sincerely,
Clint Hansen, PLS
President
Land Solutions, PC
231 E.5th St.,Ste.A 208.288.2040 (tel)
Meridian, Idaho 83642 208.288.2557(fax)
EASEMENT RELINQUISHMENT
By signing below , I hereby agree to the relinquishment of any and all interest in the easement
described in the attached documents that was originally reserved by Lavender Heights
Subdivision No . 2 , recorded in Book 122 of Plats on Pages 19344 through 19346 , records of
Ada County , Idaho , by and for Public Utilities , Pressure Irrigation , and LeLPS 8p $k, qW certify
that I have the vested authority to execute this request in the name of �Soarkhobt
By :
C .
Division Vice President
Title :
02 / 28 / 2023
Date :
State of Idaho )
) SS
County of Ac c )
On this day of � �, p �,f, ` , 20 , before me , the undersigned , a Notary Public in
and for said state , personally a peared 0 C �-_ 1 � � , known or identified to me
to be the . : �> e { r; �� 1 , s ', :, , ��� �� � of the Corporation known as
who executed the foregoing instrument , and acknowledged to me that
he / she executed the same in said Corporation ' s name .
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written .
SS14
�•.,� Notary Public for the State of (J � ,
•�° OTAI? �otj:; = Residing at
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Lainj ��1. ions
Land Surveying and Consulting
February 3, 2023
Bryce Ostler
GIS Technician, Intermountain Gas
bryce.ostler(aD-intgas.com
Re: Relinquishment of PUID Easement on Lot 11, Block 9, Lavender Heights No. 2
Dear Bryce:
We have been requested by Core Building Company to vacate a portion of the public utility,
pressure irrigation, and lot drainage easement that is along the northerly boundary of Lot 11,
Block 9 of Lavender Heights Subdivision No. 2. The portion of the easement to be vacated is the
southerly 1.2 feet of the 5' easement on the northerly boundary of said lot. A property boundary
adjustment has been submitted and approved by the City of Meridian for the lot line between Lot
11 and Lot 9 to adjust the property line to fit the finished construction of the dwellings on the lots.
The vacation of this portion of the easement will vacate that portion that encroaches into the
finished dwelling.
When utilities were installed for this subdivision, utilities were not installed within this portion of
the easement. Our records indicate utilities on the westerly and easterly boundary of the lot, but
not along the northerly boundary.
I have included an exhibit and the legal description that will be recorded as part of the vacation
document. If you agree to the relinquishment, please sign the enclosed Easement Relinquishment
form and return to my attention. Please call me if you have any questions or concerns. Thank
you.
Sincerely,
Clint Hansen, PLS
President
Land Solutions, PC
231 E.5th St.,Ste.A 208.288.2040 (tel)
Meridian, Idaho 83642 208.288.2557(fax)
EASEMENT RELINQUISHMENT
By signing below, I hereby agree to the relinquishment of any and all interest in the easement
described in the attached documents that was originally reserved by Lavender Heights
Subdivision No. 2, recorded in Book 122 of Plats on Pages 19344 through 19346, records of
Ada County, Idaho, by and for Public Utilities, Pressure Irrigation, and Lot Drainage, and certify
that I have the vested authority to execute this request in the name of Intermountain Gas
Company
By. O
Title:, OJ
Date: ,7
State of Idaho )
/+ ) SS
County of 1,0�t��)
Vh-
On this ad day of ���� 20�before me, the undersigned, a Notary Public in
and for said state, personally appeared Roger p S known or identified to me
to be the � k a -id' of the Corporation known as
Sn'kcrti�v,rku.+. c,S, who executed the foregoing instrument, and acknowledged to me that
he/she executed the same in said Corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for the tate of JA"
MONICA TAYLOR N a Yh p C,-
COMMISSION#20222543 Residing bt
NOTARY PUBLIC
STATE OF IDAHOI2•y ra0a�
Commission Expires
Lan !?11JtJ40115
Land veying and Consulting
February 3, 2023
Levi Morris
Project Manager
CTC Telecom
Imorris ctctele.com
Re: Relinquishment of PUID Easement on Lot 11, Block 9, Lavender Heights No. 2
Dear Levi:
We have been requested by Core Building Company to vacate a portion of the public utility,
pressure irrigation, and lot drainage easement that is along the northerly boundary of Lot 11,
Block 9 of Lavender Heights Subdivision No. 2. The portion of the easement to be vacated is the
southerly 1.2 feet of the 5' easement on the northerly boundary of said lot. A property boundary
adjustment has been submitted and approved by the City of Meridian for the lot line between Lot
11 and Lot 9 to adjust the property line to fit the finished construction of the dwellings on the lots.
The vacation of this portion of the easement will vacate that portion that encroaches into the
finished dwelling.
When utilities were installed for this subdivision, utilities were not installed within this portion of
the easement. Our records indicate utilities on the westerly and easterly boundary of the lot, but
not along the northerly boundary.
I have included an exhibit and the legal description that will be recorded as part of the vacation
document. If you agree to the relinquishment, please sign the enclosed Easement Relinquishment
form and return to my attention. Please call me if you have any questions or concerns. Thank
you.
Sincerely,
Clint Hansen, PLS
President
Land Solutions, PC
231 E.5th St.,Ste.A 208.288.2040 (tel)
Meridian, Idaho 83642 208.288.2557(fax)
EASEMENT RELINQUISHMENT
By signing below, I hereby agree to the relinquishment of any and all interest in the easement
described in the attached documents that was originally reserved by Lavender Heights
Subdivision No. 2, recorded in Book 122 of Plats on Pages 19344 through 19346, records of
Ada County, Idaho, by and for Public Utilities, Pressure Irrigation, and Lot Drainage, and certify
that I have the vested authority to execute this request in the name of CTC Telecom Inc.
r
By: Levi Morris
Title: Project Manager
Date: 02/09/2023
State of Idaho )
) SS
County of
On this day of . 20 before me, the undersigned, a Notary Public in
and for said state'personally appea d 4 Ma&tw , known or identified to me
to be the of the Corporation known as
who executed the foregoing instrument, and acknowledged to me that
he/she executed the same in said Corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
ea", /'/) " dl-�)
Notary
y Public for te State of
Vl/L���.4/ t-
aE23
o�ss�urwo�RW Residing at
�ssuuauo�4nd tieaoN VNV, !zJ -
Commission Expires
IDAHO
PCAIER6
An IDACORP CompanV
Idaho Power Application for Release of Easement
This application form is to be used to request that Idaho Power release part or all of an existing Idaho
Power easement. Upon submittal of this form, Idaho Power will review the easement to determine if
the easement (or a portion thereof) will be released or retained. Note the acceptance of the application
does not obligate Idaho Power to release any portion of the easement.
Time Frame: Depending on the request, the process may take over ten weeks. This time frame
begins once a complete application packet is received by Idaho Power's Corporate Real Estate
Department. Some requests may require greater information or expense. Please be as thorough as
possible to save processing time. You will be notified if the application package is not complete.
Process: Once received, the request will be reviewed to determine if the easement is required for
current or future facilities. Be aware, requests will not be approved if electrical facilities are present.
In addition, easements for transmission lines may require special consideration. Please call
208-388-5070 if you are requesting the release of a transmission line easement.
In some cases where electrical facilities are present, relocation of the facilities may be an option. If
facility relocation is needed to allow an easement to be released, the cost of such relocation(s) would
be paid by the applicant before the release is granted. If required, the acquisition of new easements or
the relocation/removal of facilities must be completed prior to Idaho Power issuing a release of
easement.
If the request is granted, the appropriate documentation will be created and a copy will be sent to the
applicant.
Required Enclosures:
For an application to be considered for review, the following items are required:
1. A completed application.
2. A recorded copy of the document to be reviewed: Idaho Power Easements, Subdivision
Plats, Townsite Plats, etc. Copies of these documents may be obtained through the county
recorder's office or a title company.
3. A legal description prepared by a licensed surveyor defining the area being requested for
release.
4. A map showing the property boundaries, with the easement area clearly marked, a
compass, and any neighboring streets or landmarks.
5. A non-refundable application fee of$150 payable to Idaho Power.
6. In some cases, an ALTA/ASCM Land Title Survey or an easement valuation may be needed.
When the application is complete, send it to the Corporate Real Estate Department at the address
listed on the application form, or via e-mail to easements(d),idahopower.com(payment must be sent via r
egular mail or personal delivery). If questions arise on the required content of this application,
please call 208-388-5070 (Easement Specialist) or 208-388-5263.
Idaho Power Application for Release of Easement
Applicant may be requested to pay other costs if required to complete this request(e.g., surveying, appraisal, title search, etc.)
Mail to:Corporate Real Estate Department: Land Management& Permitting(or email to easements@idahopower.com)
Attn: Easement Specialist
P.O. Box 70
Boise, ID 83707-0070
Phone: (208)388-5070 or(208)-388-5263
Applicant's Signature and Printed Name
Applicant Information
Applicant's Name Date
Land Solutions, PC 02/02/23
Mailing Address City State Zip
231 E 5th St Meridian ID 83642
Phone Cell E-mail
208-288-2040 208-713-7771 chansen@landsolutions.biz
Current Property Owner Information
Owner's Name
Core Building Company
Mailing Address City State Zip
152 S. Kestrel Ave. Eagle ID 83616
Phone Cell E-mail
208-939-0594 fred@corebuildingco.com
Type
❑Idaho Power Easement OPublic Utility Easement ❑Road Right of Way ❑Internal Request
Easement Information
Instrument# Date Recorded Execution Date
Lavender Heights Subd. No. 2 - Inst 2022-012183 February 3, 2022 February 3, 2022
Location Information
County Quarter Township Range Section
Ada SW �3N 1 E 32
Subdivision Pi
ock Lot Parcel Number/Assessor's Number
Lavender Heights Subdivision No. 2 11 R5165260650
In addition to information provided,please explain request.(If more space is needed,please use the backside of this form.)
(Why is this needed?Is there a pending sale?Are there any associated public hearings? What are your dates of construction?)
Need to release a portion of the public utility easement due to a property boundary adjustment that was
approved by the City to provide proper setbacks for the home built on the property.
Required Enclosures(See explanations on cover letter)
❑■ Complete Application ❑■ Copy of easement,subdivision plat, or city town site
Q■ Map of Location ❑■ $150 Application Fee ❑■ Legal Description
For IPC Use Only
Release Number Application Received Check Number Date Completed
CRE 013 (12/16)
IPC/PAGE 2
AFFIDAVIT OF LEGAL INTEREST
State of Idaho
ss
County of Ada
Core Building Company 152 S. Kestrel Ave.
(Name) (Address)
Eagle Idaho
(City) (State/Zip)
Being first duly sworn upon oath, depose and say:
(if Applicant is also Owner of Record, skip to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to Land Solutions,PC 231 E 5th St,Meridian, ID 83642 to submit the accompanying
(Name) (Address)
application pertaining to that Property.
B. I agree to indemnify, defend and hold Idaho Power Company and its employees
harmless from any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this day of , 20_
(Signature)
Subscribed and sworn to before me the day and year first above written.
Notary Public for Idaho
Residing at:
My commission expires:
(NOTARY SEAL)
Idaho Power Application for Release of Easement
Applicant may be requested to pay other costs if required to complete this request(e.g.,surveying, appraisal, title search, etc.)
Mail to:Corporate Real Estate Department: Land Management&Permitting(or email to easements@idahopower.com)
Attn: Easement Specialist
P.O. Box 70
Boise, ID 83707-0070
Phone: (208)388-5070 or(208)-388-5263
Applicant's Signature and Printed Name sews
Applicant Information
Applicant's Name Date
Land Solutions, PC 02/02/23
Mailing Address City State Zip
231 E 5th St Meridian ID 83642
Phone Cell E-mail
208-288-2040 208-713-7771 chansen@landsolutions.biz
Current Property Owner Information
Owner's Name
Core Building Company
Mailing Address City State Zip
152 S. Kestrel Ave. Eagle ID 83616
Phone Cell E-mail
208-939-0594 fred@corebuildingco.com
Type
❑Idaho Power Easement EPublic Utility Easement ❑Road Right of Way ❑Internal Request
Easement Information
Instrument# Date Recorded Execution Date
Lavender Heights Subd. No. 2 - Inst 2022-012183 February 3, 2022 February 3, 2022
Location Information
County Quarter Township Range Section
Ada SW 3N 1 E 32
Subdivision Block Lot Parcel Number/Assessor's Number
Lavender Heights Subdivision No.2 9 11 R5165260650
In addition to information provided,please explain request.(If more space is needed,please use the backside of this form.)
(Why is this needed?Is there a pending sale?Are there any associated public hearings? What are your dates of construction?)
Need to release a portion of the public utility easement due to a property boundary adjustment that was
approved by the City to provide proper setbacks for the home built on the property.
Required Enclosures(See explanations on cover letter)
Q■ Complete Application ❑■ Copy of easement, subdivision plat, or city town site
❑ Map of Location ❑■ $150 Application Fee ❑■ Legal Description
For IPC Use Only
Release Number Application Received Check Number Date Completed
CRE 013 (12/16)
IPC/PAGE 2
AFFIDAVIT OF LEGAL INTEREST
State of Idaho
ss
County of Ada
Core Building Company 152 S.Kestrel Ave,
(Name) (Address)
Eagle Idaho
(City) (State/Zip)
Being first duly sworn upon oath, depose and say:
(if Applicant is also Owner of Record, skip to S)
A. That I am the record owner of the property described on the attached, and I grant my
permission to 4aw Solutions,Pc 231 E 5th St.Mefidian,ID 83642 to submit the accompanying
(Name) (Address)
application pertaining to that Property.
B. I agree to indemnify, defend and hold Idaho Power Company and its employees
harmless from any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application,
Dated this 2 day of 20
(Signature)
Subscribed and scorn to before me the day and year first above written.
'I
I AJ It-)
Notary Public for Idaho
Residing at: 'i y
My commission expires: _0e.r
(NOTARY SEAL)
BREEANN WEATHERSMN
Notary Public-State of Idaho
Commission Number 202t:25668.02]
MY Commission Expires Dec 7,20z8
AFFIDAVIT OF LEGAL INTEREST
State of Idaho )
ss
County of Ada p
I Core Building Company 152 S.Kestrel Ave.
(Name) (Address)
Eagle Idaho
,
(City) (State/Zip)
Being first duly sworn upon oath, depose and say:
(if Applicant is also Owner of Record, skip to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to Land Solutions.PC 231 E 5th St Meridian. ID 83642 to submit the accompanying
(Name) (Address)
application pertaining
to that Property.
B. I agree to indemnify, defend and hold Idaho Power Company and its employees
harmless from any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this 2 day of FE81Zuwa. 2023.
(Signature)
Subscribed and sworn to before me the day and year first above written.
Notary Public for Idaho
Residing at: `
{NOTARY SEAL} My commission expires: -Of -111 2v2�
BREEANN WEATHERSTON
Notary Public-State of Idaho
Commission Number 20225668
My Commission Expires Dec 7,2028
. p•: n r n
IDAHO
6�000WER@
An IDACORP Company
April loth, 2023
Sent via email to chanson a,landsolutions.biz
Land Solutions, PC
231 E 5th Street
Meridian ID 83642
Re: Easement Release
Dear Mr. Hansen
Upon review of the attached letter, Idaho Power records indicate no company facilities are located
within that certain area identified as a Portion of an existing Public Utility, Pressure Irrigation and
Lot Drainage easement over a portion of Parcel B as shown on Record of Survey No. 13726,
Records of Ada County, Idaho being also over a portion of the Platted Lot 11,Block 9 of Lavender
Heights Subdivision No. 2 Ada County Idaho (see attached plat). Therefore, Idaho Power has no
objection to the proposed vacation of area described and attached hereto.
Thank you for providing Idaho Power Company the opportunity to review and comment upon the
subject petition for vacation.
Sincerel ,
//,/X. -- z
Michael Churella
Corporate Real Estate Leader
Idaho Power Company/Corporate Real Estate
Land Management and Permitting Department
208-388-2690
Mchurella@idahopower.com
1221 W.Idaho St.(83702)
P.O.Box 70
Boise,ID 83707
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