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HomeMy WebLinkAboutSue's Subdivision VAC-01-001BEFORE THE MERIDIAN CITY COUNCIL C/C 08/08/01 IN THE MATTER OF THE REQUEST FOR VACATION FOR A 20-FOOT UTILITY EASEMENT BETWEEN LOTS 1 AND 4 BLOCK 2 FOR THE CONSTRUCTION OF A FOUR-PLEX FOR SUE'S SUBDIVISION CHARLES J. ELDREDGE, APPLICANT CASE NO. VAC-01-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION FOR A 20-FOOT UTILITY EASEMENT BETWEEN LOTS 1 AND 4 BLOCK 2 This matter coming on regularly before the City Council at its regular meeting on the 8th day of August, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying was the Applicant, Charles J. Eldredge, 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 Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Charles Eldredge / VAC-01-001 Page 1 of 8 Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Easements shall be vacated in the same manner as streets. {I.C. § 50- 1325}. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter I3, Title 50 Idaho Code {I.C. § 40-203 (6)}. 4 Any person, firm, assodation, 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 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 cotmcil may grant the request to vacate with such Findings of Fact and Contusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Chares Eldredge / VAC-01-001 Page 2 of 8 restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable tdevision, 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. {I.C. § 50-1306A (1), (2), (3) and (5)) Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12 - 10- i APPLICATION PROCEDURE: 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. 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 ~vhich is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: 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 Findings of Fact and Condusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Charles Eldredge / VAC-01-O01 Page 3 of 8 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 Charles J. Eldredge, filed a petition for the vacation for a 20-foot utility easement between lots 1 and 4 block 2, as dedicated in the Warranty Deed from Bruce L. Wood and Diane C. Wood, husband and wife, to Charles J. Eldredge and Shel A. Eldredge, husband and wife, recorded November 30, 2000, as Instrument No. 100096909. The legal description of the utility and drainage easements which are the subject of this petition is: Lot 1 in Block 2 and Lot 4 in Block 2 of SUE'S SUBDIVISION, according to the Official Plat thereof, filed in Book 80 of Plats at page(s) 8571-8572 records of Ada County, Idaho. The particular circumstances of the requested vacation is: The vacation is required because the lots in this application (Lots 1 and 4, Block 2) were originally laid out with the intention of having duplexes constructed; Lot 4 currently has the duplex on it. The Owner would like to construct a 4-plex On the remaining vacant lot, Lot i. A lot line adjustment between Lots 1 and 4 of Block 2 is preferred to accommodate for all building setback requirements. A utility easement Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering / Charles Eldredge / VAC-01-001 Page 4 of 8 exists along this lot line (10-ffet either side, total of 20-foot easement). Because of the size of the proposed 4-plex the easement, as it is now located, would be encroached upon. The names and, Relinquishment of Easements attached as Exhibit "A', of the affected by the petition to vacate include: 5.1 The applicant/owner of the property is Charles J. Eldredge and Shel A. Eldredge, husband and wife, Meridian, Idaho, and who applied for the vacation application. 5.2 Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power, Relinquishments will be attached as an Exhibit "A", and will be the Relinquishment of Partial Release of Easements releases from the utility companies, and all Relinquishments shall be submitted from all applicable utility companies prior to the issuance of any building permits on the subject lot. 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 Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. All affected utility holders have agreed to the requested vacation in writing. All publication costs have been paid by the petitioner. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots I and 4 Blodq 2 / Sue's Subdivision By: Sunrise Engineering/Charles Eldredge / VAC-01-001 Page 5 of 8 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: The following utility and drainage easement as depicted on the Record of Survey of Sue's Subdivision, is hereby vacated: A utility easement exits along the lot line (1 O-feet either side, total of 20-foot easement), at Sue's Subdivision, Meridian, Idaho. 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. 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 property which may be adversely affected by the issuance or denial of the vacation 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. Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Charles Eldredge / VAC-01-001 Page 6 of 8 j_tion of the City Council at its regular meeting held on the '~/~r~day of ,2ooi. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN Mc CANDLESS VOTED VOTED VOTED ~' VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ Z/--O/ ~ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY it~ DATED~ "~- ~ t City Cleric g ~ S~&n ~ } ~ Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Charles El&edge / VAC-01-001 Page 7 of 8 STATE OF IDAHO, ) : S$. County of Ada. ) On this day of ,2001, before Ine, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, IR., lmown to me to be the Mayor and City Clerk of the 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. (SEAL) Notary Public for Idaho Commission Expires: Z:\WorkkMVvleridianVVleridian 153601V~ue's SubVACOI-OOI CUP01-O22LFfClOrdVac20fftUtilityEasement,doc Findings of Fact and Conclusions of Law and Order of Vacation For A 20-Foot Utility Easement Between Lots 1 and 4 Block 2 / Sue's Subdivision By: Sunrise Engineering/Chares Eldredge / VAC-01-001 Page 8 of 8