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CITY OF MERlDIANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
STAFF REPORT
TO:
Mayor & City Council
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Hearing Date: 7/17/2007
SUBJECT:
Amanda Hess, Associate City Planner
(208) 884-5533
Cabella Creek - V AC-07-009
Request for Vacation of the Public Utilities, Drainage, and Irrigation
Easements, a Future Road Easement, and a Farm Access Easement on
Lots 3, 4, 5, & 6, Block 1, of the Kachina Estates Subdivision, by ATM
Development, LLC
FROM:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
ATM Development requests the vacation of the lO-foot wide utility, drainage, and irrigation
easements; a 25-foot future road easement; and a IS-foot farm-access easement created on Lots
3,4,5, & 6, Block 1, with the recordation of the Kachina Estates Subdivision in Ada County. In
2005, the Applicant received preliminary plat approval to re-subdivide said Lots as Cabella
Creek Subdivision. Cabella Creek includes 47 single-family residential lots and 11 common lots
on 18.84 acres within an R-4 zoning district. However, prior to signature of the Final Plat for
Cabella Creek, the easements created with Kachina Estates must first be vacated. (See Kachina
Estates Subdivision, Instrument Number 905969; or Book 35, Pages 3016 & 3017, Record of
Plats)
Cabella Creek is located on the north side of Victory Road, approximately ~-mile east of
Meridian Road in Section 19, Township 3 North, Range 1 East, B.M. The subject site, Lots 3, 4,
5, & 6, Block 1, Kachina Estates Subdivision, is primarily vacant agricultural land and houses
two existing residences.
The Council should note that the Ten Mile Drain bisects the subject property. While the
Applicant is proposing to vacate the drainage / irrigation easement established for this waterway,
created with the recordation of the Kachina Estates Subdivision, they have also proposed a new,
60-foot wide easement spanning the Ten Mile Drain, to be dedicated with the recordation of
Cabella Creek Subdivision, to the Nampa & Meridian Irrigation District. Staff will verify that the
proposed easement is on the face of the final plat prior to the City Engineer's signature. The
Applicant should protect the Ten Mile Drain.
The Unified Development Code 11-5A-I, requires the City Council to be the decision making
body on vacations applied for in the City of Meridian.
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. State statute further
requires an easement vacation be filed when a landscape or irrigation easement is involved. Even
though other types of easements can be addressed through letters of agreement / relinquishment
Cabella Creek
V AC-07-009
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
(i.e. drainage, etc.), landscape, maintenance, irrigation, and access easements are not specifically
exempt under I.C. 50-1306A, and must be formally vacated through the City's process.
The Applicant has provided proof of relinquishment of the easements by Cable One, Qwest
Communications, Nampa & Meridian Irrigation District, Intermountain Gas Company, and
Idaho Power Company - all of the public utility providers. The Meridian Public Works
Department has no opposition to the proposed vacation.
2. PROPOSED MOTION
Approval
I move to approve File Number V AC-07 -009, as presented in the staff report for the hearing
date of July 17, 2007.
Denial
I move to deny File Number V AC-07-009, as presented during the hearing on July 17, 2007,
for the following reasons: (You should state specific reasons for denial.)
Continue
I move to continue the public hearing for File Number V AC-07-009 to (insert date) for the
following reason(s): (Insert reason(s).)
3. RECOMMENDATION
Staff recommends approval of application V AC-07-009 to vacate the platted public utilities,
drainage, and irrigation easement; future road easement; and farm access easement on
Lots 3, 4, 5, & 6, Block 1, Kachina Estates Subdivision.
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Lots 3, 4, 5, & 6, Block 1, Kachina Estates Subdivision
Section 19, Township 3 North, Range 1 East
B. Owner / Applicant:
A TM Development, LLC
660 E. Franklin Road, Ste. 110
Meridian,ID 83642
C. Applicant's Representative
The Land Group, Inc.
462 E. Shore Drive, Ste. 100
Eagle,ID 83616
D. Present Zoning:
R-4 (Medium Low-Density Residential)
E. Comprehensive Plan Designation:
Low Density Residential
5. NEIGHBORING ZONING & LAND USE
Cabella Creek
V AC-07-009
PAGE 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007
North - Residential, Salmon Rapids No.5 (R-4), and Kachina Estates (RUT - Ada County)
South - Residential, Tuscany Village No.1 (R-8)
East - Residential, Kachina Estates (RUT - Ada County)
West - Residential, Kachina Estates (RUT - Ada County)
6. PROCESS FACTS
A. The Unified Development Code, Section 11-5A-l, requires the City Council to be the
decision making body on vacation applications within the City of Meridian.
B. Newspaper notifications published on: June 25, 2007; July 9,2007
C. Radius notices mailed to properties within three-hundred feet (300'): June 22, 2007
D. Applicant posted notice on site by: July 7,2007
7. EXHIBITS/ATTACHMENTS
A. Vicinity Map
B. Recorded Plat Depicting Lots 3, 4, 5, & 6, Block 1, Kachina Estates Subdivision
C. Preliminary Plat for Cabella Creek Subdivision Depicting New Easements
D. Easements to Be Vacated
E. Agency / Company Relinquishment Letters
Cabella Creek
V AC-07-009
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY] 7,2007
EXHffiIT A - Vicinity Map
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Cabella Creek
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007
EXHIBIT B - Recorded Plat Depicting Lots 3, 4,5, & 6, Block 1, Kachina Estates Subdivision
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007
EXHffiIT C - Preliminary Plat for Cabella Creek Subdivision
Plat Showing
CABELLA CREEK SUBDIVISION
A portion of Lots 3, 4 and 5, and all of Lot 6, Block 1 of Kachina Estates Subdivision
Situated in a portion of the Southeast 1/4, Section 19, Township 3 North,
Range 1 East, 8.M_, City of Meridian, Ada County, Idaho
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
EXHffiIT D ~ Easements to Be Vacated
SAl.MON RAPlOS No.5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
EXHffiIT E - Agency / Company Relinquishment Letters
~ & ~ ~ 'Z)(d1Uet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 "4395
FAX # 208-463"0092
24 May 2007
Phones: An>o Code 208
OFfiCE; Nompa 466-7861
SHOP: Nompa 466-0663
Eric Cronin
The Land Group, Inc.
462 E. Shore Drive
Eagle ID 83/116
MAY 3 1 2007
RE: Vacation of Easement/Cabella Creek
Dear Eric:
The proposed recent division of Lot 3, 4,5 & 6 of Block I ofKachina Estates Subdivision is
being proposed as a re-subdivision which will create forty-seven (47) build able lots (on
approximately 19 acres) to be known as Cabella Creek. Nampa & Meridian Irrigation District
has no objections to this re-subdivision or the relinquishment of the easement as new
easements will be created within this new forty-seven (47) build able lot area..
Nampa & Meridian Irrigation District has a PUIS Contract in place with Kachina Estates
therefore all new and necessary easements have been granted to the District.
I hope this letter addresses your concerns. Please feel free to contact me if you feel further
discussion is required.
Sincerel~ _
tltrW
~hn P. Anderson
Water Superintendent
Nampa & Meridian Irrigation District
JPA/dbg
c: Board of Directors
Secretaryffreasurer
Asst Water Superintendent
Ted Clinton
File
APPIlOXIMA TE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23.000
90tSf PIlOJKT RIGHTS. 40.000
E
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
RELINQUISHMENT OF EASEMENT
The undersigned hereby releases, remises and abandons all rights, title and interest in and
to that certain "future road easement" situated in:
Lots 6 Block 1 of Kachina Estates Subdivision (a recorded subdivision on file in
Book 35 of Plats at pages 3016 and 3017, records of Ada County. Instrument
Number 905969) situated in a portion of the southeast V. of Section 19, Township
3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho.
This release made this \ ~day of~ 2007 between A'rJ..v\ ~~Ju...,-
referred to as the grantor, to that certain '~arm access easement" more particularly
described as follows:
Twenty-five (25) foot wide future road easements adjacent to the northern boundary
line of Lot 6 Block 1 Kachina Estates Subdivision.
By: ~fvL--
Attest;--.~~ _ !3os,rM .Ah. 1. I ~p . 7--.J~- Xl '
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Date: ~/II / 1J7
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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illL Y 17,2007
RELINQUISHMENT OF BASBMBNT
The undersigned hereby rdeases. remises and abandons all rights. title and interest in and
to that certain "fann access easement" situated in:
Lots 3. 4. 5 & 6 Block 1 of Kachina Estates Subdivision (a recorded subdivision on
file in Book 35 of Plats at pages 3016 and 3017, records of Ada County,
Instrument Number 905969). situated in a portion of the southeast % of Section
19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho.
This release made thisJL day of ~'i . 2007 between At'\'w'\ Ob"V~Mot:r"\ tLt...,
referred to as the grantor. to that certain "fann access easement" more particularly
described as follows:
Fifteen (15) foot wide fa.nn access easements adjacent to the sixty (60) foot wide Ten
Mile Creek Drain easement for Lots 3, 4, 5 & 6 Block 1 Kachina Esmtes
Subdivision.
BY'~
Attest: .?<' ~.
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Date: '5 ~ O-=\--
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007
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IDAHO POWER COMPANY
Partial ReleueofEaaement
WHEREAS, by subdivision plat ~ in Plat Book 35, at Page 3016 through Page 3017 on
November 15, 1974, as Im1rument Number 905969, in the 1'tlCOI'ds of Ada County, State of Idaho, Kacbina
Estates Subdivision, granted to IDAHO POWER COMPANY an casement (the "Eaaem.cnt") for the
consIruction, operation and IlllIintenaDcc of certain power line facilities upon the following premiSl:!J located in
Ada County, Stale of Idaho, to-wit:
Kachino. Estates Subdivision ~ A paree/land generally located within a portion of the SE'I., of SectiOn
19, Towruhip 3 North, Range 1 East, B.M.. Ada County, Idaho.
AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be
retained.
NOW, THEREFORE, in COll8idemtion of the ~, IDAHO POWER COMPANY does hereby
release and abandon that certain portion of the Easement over the fonowing described lands: .
The 1 O-ftpublic utility easement on each side of the shwed common wt line of Lou 3, 4, 5 and 6, Block
1, KDJcltfna Estates. The 10-ft public utility easement on the: east side of Lot 6. Block 1, Katchina Estates. And
the: 10-ft public utility easement on the exterior bowuiary of Lots .5 41Id 6, Block 1. thDt run conogious with and
pal'allel to Mesa Way along the 10-ft public utility easement on the north boundary of Lot 6, Btock.1 that runs
contiguous wiJh and paralkl to the jUtw'e road easement. And aLso the 10-ft public udItty easement on the south
exterior boundary of Lots 3, 4 and 5 Block 1 of Kachina EstCl1es Subdivision that runs contiguous with and
parallel to Victory Road. All of those 1'fIletJse /l1Id abandon rights are more clearly depicted in the attached
Exhtbtt "A ".
All RIGHTS and privileges under the above-described document in and to the remaining lands
covered by the Easement and any and aU prescriptive or other righm the Gnmtee has acquired through
occupancy an4 use over time of said remaining lands shall remain and continue in the Grantee and shall not be:
affected in any way heJ'eby.
IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presentlI to be executed by
its proper officers thereunto duly authorized this .3QPr day of May, 2007.
IDAHO POWER COMPANY
BY:~~
M, 1. Jo Land ~1'Il4gpmAnt Services Leader
STATE OF IDAHO )
)lis.
COUNTY OF ADA )
On this ~ day of May, 2007, before me, a Notary Public, pcnooaIlyappeared M. 1. Johnson,
Land Management Servicea Leader of the corporation that executed the within instrument, and acknowledged to
me !hat such corpomtion executed the same as the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto act my hand and affixed my official seal the day and year in
QUa ccztificate first above written. ~ ?1 ~
Notary Public ~
Residing at Boise, Idaho
My Commission expires: /1- 2/)-07
.:......
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007
REUNQUISHMENT OF UTILITY EASEMENT
The undersigned hereby releases, remises and abandons all rights, title and interest in and
to that certain "underground utility easement" situated in:
Lots 3, 4, 5 & 6 Block 1 of Kachina Estates Subdivision (a recorded subdivision on
file in Book 35 of Plats at pages 3016 and 3017, records of Ada County,
Instroment Number 905969) situated in a portion of the southeast V4 of Section
19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho.
~
This release made thi~y of~/._ ~007 betweenQt'l~_~ /
referred to as the grantor, to that certain "underground utility easement" more particularly
described as follows:
Ten (10) foot utility easements for public utilities, irrigation and drainage adjacent to
the subdivision boundary, interior lot lines, public rights-of-way and easements
for Lots 3,4,5 & 6 Block 1 Kachina Estates Subdivision.
Date:
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(Corporate Seal)
State of Idaho, )
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County of Ada.)
E
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
RELINQUISHMENT OF UTIUTY EASEMENT
The undersigned hereby releases, remises and abandons all rights, title and interest in and
to that certain "underground utility easement" situated in:
Lots 3, 4, 5 & 6 Block 1 of Kachina Estates Subdivision (a recorded subdivision on
file in Book 35 of Plats at pages 3016 and 3017, records of Ada County,
Instrument Number 905969) situated in a portion of the southeast % of Section
19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho.
This release made this day of ~ :;.. .2007 between CI; ~ C) Il-\ Q.. .
referred to as the grantor, to that certain "underground utility easement" more particularly
described as follows:
Ten (10) foot utility easements for public utilities, irrigation and drainage adjacent to
the subdivision boundary, interior lot lines, public rights-of-way and easements
for Lots 3, 4, 5 & 6 Block 1 Kachina Estates Subdivision.
By: t~ ---
Atted~~)?((qJ~~
Date: 5~ J. -lJ J
(Corporate Seal)
State of Idaho, )
)ss
CountY. of Ada.)
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E
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007
REUNQUlSHMENT OF UTIUTY EASEMENT
The Wldersigned hereby releases, remises and abandons all rights, title and interest in and
to that certain "underground utility easement" situated in:
Lots 3, 4, 5 & 6 Block 1 of Kachina Estates Subdivision (a recorded subdivision on
fIle in Book 35 of Plats at pages 3016 and 3017, records of Ada County,
Instrument Number 905969) situated in a portion of the southeast % of Section
19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho.
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This release made this d~y of \"'{\ "''"' .2007 between -:r ".\10: \ lV\....... ~..t. ~" G co; -; .
referred to as the grantor, to that certiun "underground utility easement" more particularly
described as follows:
Ten (10) foot utility easements for public utilities, irrigation and drainage adjacent to
the subdivision boundary, interior lot lines, public rights-of-way and easements
for Lots 3, 4, 5 & 6 Block 1 Kachina Estates Subdivision.
By, 0 '_ ~W"--
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Attest:__~~ .
Date: S \ \ ) G l
(Corporate Seal)
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