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Staff Comments CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 STAFF REPORT Hearing Date: March 6, 2007 ~,! , erN Of ,~, " '" ctGndlini~, -~\ \ m'^HO $'; ~r TO: FROM: Mayor & City Council Justin Lucas (208) 884-5533 SUBJECT: Gemtone Center #5 Easement Vacation . V AC-07-003 Vacation of a 10 foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5 of Gemtone Center Subdivision #5 Staff has reviewed this submittal and offers the following comments: APPLICANT'S REQUEST The Applicant, DMB Investments LLC, has requested the City's consent to vacate the platted property drainage and utility easement located on portions of Lots 5 and 6, Block 5 of Gemtone Center Subdivision #5. The Unified Development Code II-5A-I, requires the City Council to be the decision making body on vacations applied for the City of Meridian. The subject property drainage and utility easement was originally plated as part of Gemtone Center #5, Recorders Number Book 90, Page 10575. Since that time a lot line adjustment was approved for Lots 5 and 6, Block 5. Due to the nature of property drainage and utility easement, they can not be moved through the lot line adjustment process, thus, the applicant has submitted this vacation request. Idaho Power, Intermountain Gas, Qwest Communications, and Cable One have all submitted notarized consent for relinquishment of the easement. The Applicant has included said documents with their application. Further, the Meridian Public Works and Planning Departments have no objection to the relinquishment of the subj ect easement. LOCATION AND ZONING The subject site is zoned I-L and is located north of East Pine Avenue and west of Eagle Road in Section 8, Township 3 North, Range I East. SURROUNDING USES North - Industrial uses, zoned I-L South - Industrial uses, zoned I.L East - Industrial uses, zoned I-L West - Industrial uses and agriculture, zoned I-L and RUT (Ada County) OWNER OF RECORD The owner of record of these lots is DMB Investments, LLC. RECOMMENDATION Staff recommends approval of application V AC-07-003 to vacate the platted to-foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5 of Gemtone Center Subdivision #5. Gemtone #5 Easement Vacation V AC-07 -003 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 EXBmITS / ATTACHMENTS A. Drawings 1. Vicinity Map 2. Legal Description of Easement to be Vacated 3. Location of Easement to be Vacated Gemtone #5 Easement Vacation V AC-07-003 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 A. Drawings 1. Vicinity Map --,0 b o <0 II . - Exhibit A-I 1-- CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. Legal Description of Easement to be Vacated EXHIBIT "A" DESCRIPTION FOR EASEMENT TO BE VACATED A PORTION OF LOTS 5 AND 6, BLOCK 5 GEMTONE CENTER NO.5 EASEMENTS BEING PORTIONS OF LOT 5 AND LOT 6, BLOCK 5, GEMTONE CENTER NO.5, (BOOK 90 OF PLATS AT PAGE 10575) LOCATED IN THE NE 1/4 SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 5, BLOCK 5, GEMTONE CENTER NO.5, THENCE N 00031'12" E 10,00 FEET ALONG THE LINE COMMON TO LOTS 5 AND 6, BLOCK 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89054'01" W 5.00 FEET TO A POINT; THENCE N 00031'12" E 334.08 FEET TO A POINT; THENCE S 89054'01" E 10.00 FEET TO A POINT; THENCE S 00031'12" W 334.08 FEET TO A POINT; THENCE N 89054'01" W 5.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS, PLS NO. 4998 19643-EASE-V AC Exhibit A - 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 3. Location of Easement to be Vacated II II . I ~o I '" z i ~~ I w, ~ EDI kl ~oll ~(J] I 1[' , UJ ~ <t I ~ ED I ~ i II I BLOCK 5 II I I I I II I ~ I I I '" z i co ~ REVISIONS ~ :0 '" " I :< co ~ DRAWN; MEM Exhibit A - 3 4 N 1 - - EXHIBIT liB II 5 PARCEL A 87,105 SQ. FT. 2 0 ACRES w > <I: >-1 Cl': D y: ~ I I 16' I 'J6" W '3" EASEMENT VACATION EXHIBIT GEMTONE CENTER NO. 5 SUBDIVISION SECTION 8, 1.3 N., R.l E. 8.M. MERIDIAN, ADA COUNTY, IDAHO ~ Stanley Consultants IN(. 1940 S_ BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 4.3' E, STATE ST. - -- -;2~~7/!" ! -- - ~~'~~~f8J'- - - ~ - n ~~---------~~---------~ = =[=r ;~G~ON= = = = = = I' +1 []~~j~=~~iW~~~ = = = ~ - , EASEWENI 10 IlEWAlN ,-, ,', [AS[ljENT 10 /ll:WAlN II 1'- ,'I IN51'RUWENT NO. 9~2D6 I I 1 -, I rl,:,,1 /" : i: I P,ATTEO LoT LINE -----r I puauc UTIUTIE5. PROPERTT ~" ~~A~S[~~~ ~Di~JT I , I I~ I:: 6 I I ~ 1:.1 I ~ I:j I ~ :~PROPERTY : I:J DRAINAGE 1110,1 I 5J I' 'I AND UTILITY I I II EASEMENT I I: >1 TO BE ' :it: II , . z 1'1 VACATED I ~ I: >1 I I' t 'I I I~ (: >1 I ~ t.:, I I') (-: >1 I I: :, I 1>'1 , I> .:, I I> :1 I ,: :.j I /~r;~:TcT~~~~N I.:,j J ____~-_--_L,~ /~ N 89'5~'01"-W- L_ - -. - - - - -- ~ ,- - 97. 16' S ~5'1 N 89'5~"()'" W .$5. N 00'.$1 '12" E 15.00' E. PINE AVE, DATE: 12/4/06 SCALE: 1",,50' JOB NO, 19643