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HomeMy WebLinkAboutAlbertsons Easement VAC`COj `~ * * * ~T~,,~ ~ /~'~1~XXX X X ~XX, X~XXX X ~~ =~' ~-.y- ~ LAND USf= APPf_1CATl0~ ~"~~ ~'' CITY OF MERIDIAN ¢:, ~:;. ,~~,~: ,- BUIl01NG DIVISIGN Phone: (2C8) 383~c •~ ~' PI..NNING DIVISION (208) 383-u2i ~0~ ZCNING DIVISION (208) 38324 ~: An application will not be accepted by the Development Services irunent until iL is submitted in complete farm and is reviewed by a rf planner. A hearing date will not be schzduled nor fees accepted it such rocess occurs. "his .is my applicai:ion for: ~ Appeal DSi~n ~ Comprehensive Plan Amendment O Subdivision Plat Conditional Use for: '~ Traffic & Development Plan Home Occupation/Group Day Care Home a Temporary Living Quarters ~ One Acre Split ~ Variance Planned Development 'G Special Exception Private Road ®Vacation of platter Rezone: Frcm to utility and drain- _ ~~ age easement. retailed ietter exolaininq your aoe'.ication is required.: ~FFICE USE ONLY FILE No. anner's Ignature Date Accepted: Hearing Date: Fee 3: Posted on history map Plans Stamped Posted on 'Mork in Progress Posted in Log 300 scale zoning map Application letter legal Description of Parcel Current zone: X-Ref. No. SITE LOC,4TION: In the: Quarter Sw Section 9 Township~~ Range 1 E Site Address Commercial Court Subdivision Name Commerce Park Subdivisioril-ot _~_ B1 ock ~_ Total Acres of Tax Parcel Property 174, 380 Sa. ft. Number 81527260080 A 1" = 300' scale zoning map must be submitted with your application. This map bay be obtained from the APA Mapping Division, 2nd floor, 650 pain, Boise. SITE OWNERSHIP Owner of Record Applicant Name Donald and Karen Nelson NameAlbertson's, Inc., c/o HAWLEY TROXELL ENNIS & HAWLEY, Attn: RLB Addres s P. O. Box 15 9 2 9 P.ddres s P. O. Box 1617 City Boise State ID Zip 83715 City Boise State ID Zip R~~ni Telephone (208) 343-3051 I consent to the , bmissian of the appj~c~ti o~l/~c~panyi ng thi s st a ent. jj e~~(~wner, b-r record Telephone (208) 344-6000 Certification: I hereby certify that information on this form is correct to the b st of my knowledge. Signed: (applicant) ~vidence of Proprietary Interest: Must.be submitted with aooiication Title Policy showing my interest Option to Purchase* land Sale Contract showing my Leased Hold* in~eresi ' X Earnest Money Agreement* Recorded I,Jarranty Oeed showing *Requires si~iature~of owner of record my interest on this appiica~ion. APPL1Cl~N FOR TOTAL OR PARTIAL ~A7ION OF AN EXiST..~G SU9DIVISION OR OTHER RIGHT-OF-WAY CITY OF MERIDIAN ZONING DIVISION FROM: Albertson' s , Inc . c/o HAWLEY TROXELL ENNIS & HAWLEY Attn: Rita L. Berry P O. Box 1617 Ise Idaho 83701 ADDRESS P PHONE: (208) 344-600 DATE: April 2, 1990 - FILE NO. STAFF r • DATE• ASSIGNED FEE S •:1 DISPOSITION THE FOLLOIYING INFORMATION IS NECESSARY TO ADEQUATELY REVIESY YOUR REQUEST. ERRONEOUS OR INCOMPLETE INFORMATION WILL DELAY THE REVIEI4 PROCESS. susDlvisloN NAME) Commerce Park Subdivision .. REQUEST: Vacation of 10-foot wide utility and drainage easement located on the inside of the east lot line of Lot 4, Block 1 of Commerce Park Subdivision. REASON FOR REQUEST: Lot 4, Block .1 is being acquired by Albertson's, Inc. , the owner of the property to the east of Lot 4 and contiguous to it. Albertson's,~Inc. desires to expand its building onto Lot 4, building directly over the easement. ~PLG'A; SE_ itE:VERSE SIDE FOR REQUIREMENTS. ~ - WNER OF RECOF NOTE: THIS. FOFdt DOES NOT PERTAIN TO VACATING ANY ~LJELIC RLC~-IT-OF-WAY. J • • ORDINANCE N0. ~~ AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Counci 1 and the Mayor of the City of Meridian., Idaho, have concluded that it is in the best interest of said City to vacate a portion of Commerce Park Subdivision, specifically the inside of the East lot 1 ine of Lot 4, Block 1 thereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1:: That pursuant to Section 50-1306A, specifically, and Title 50, Chapter 13, Idaho Code, generally, the City of Meridian, having held the req-u ed hearing and it appearing that proper notice of said hearing was given, hereby vacates the 10 foot wide utility and drainage easement located on the inside of the east lot 1 ine of Lot 4, Block 1, Commerce Park Subdivision, according to the official plat thereof filed in Book 45 of Plats at Page 3721 and 3722, records of Ada County, Idaho, recorded as Instrurnent Number 7903627, records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shal l take effect and be in force frorn and after i is passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County,. Idaho, this `__ day of ___________, 1990. GRANT P. KINGSFORD, MAYOR AMBROSE, FITZGERALD 3CROOKSTON Allorneye end Counselors P.O. Boz 427 Merldlen, Idaho 83842 Telephone 8884481 ATTEST: =• JACK NIEMANN, CITY CLERK • • STATE OF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE .INSIDE OF THE EAST LOT LINE OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE." passed as Ordinance No. _ by the City Council and Mayor of the City of Meridian, on tiie ___ _ _ day of __ _ 1990, as the same appears in my office. - ~~ DATED this day of June, 1990. CITY CLERK, CITY OF MERIDIAN ADA COUNTY, IDAHO STATE OF IDAHO,) ~s. County of Ada, ) On this day of ___ 1990, before me, the undersigned, a Notary Public ~n and 1=or said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL AMBROSE, FITZGERALD 6CROOKSTON Attornsye and Counselors P.O. Box 427 Msridlan, Idaho 93642 Telephone 889.4481 NOTARY PUBLIC FOR IDAHO RESIDING AT MERIDIAN, IDAHO -__ ~~ ~. • • 923179 PARTIAL RELEASE OF EASEMENT WHEREAS, by easement~ated November 6, 1978 and recorded January 18, 1979 ~~ as Instrument Number 7903627, Book 45, pages 3721 & 3722, of the records of Ada County, State of Idaho, RONALD C YANKE and LINDA L YANKE AND TOM NICHOLSON and DIANA NICHOLSON granted to IDAHO POWER COMPANY an easement for the construction, operation and maintenance of certain power line facilities upon the following \ premises located in Ada County, State of Idaho to-wit: \ Commerce Park Subdivsion, SW} of Section 9, Township 2 North, Range 1 East, BM, Ada County, Idaho. AND, WHEREAS, it is no longer desirable dnd necessary that a 25 foot wide utiility easement be retained over and across the East side of Lot 4, Block 1 in Section 9, Township 3 North, Range 1 East, B.M., Ada County, Idaho. NOW, THEREFORE, in consideration of the premises, and subject to the exception below, IDAHO POWER COMPANY does hereby release and abandon its right and easement hereinabove referred to and described, with the intent that the same shall forthwith cease, determine and be extinguished; EXCEPT that all rights and priv- ileges under the above-described document in and to the following described lands or any and all prescriptive or other rights the grantee has acquired through occupancy and use over time of the following described lands shall remain and continue in the Grantee and shall not be affected in any way hereby, to-wit: Retaining all of those utilities rights within Lots 1 - 6, Block 2, all the utility rights to Lots 1 - 3, Block 1 and the 25 foot utility easement on North side of Lot 4, Block 1, Commerce Park Subdivsion, SW} Section 9, Township 3 North, Range 1 East, BM, Ada County, Idaho. IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be executed by its proper officers thereunto duly authorized this /sf day of 1990. '- ~' / ;-, . ~ - +; (~ ,~a~,601~P,QRA#~; SERF) ~~''~'sri lid ~~ ~~ - BY Ada County, Idaho se TIME ~ 01. P. M. BY DATE 5 1 z l 9 0 JOHN BASTIDA O DER By Deputy ~ ~ IDAHO POWER COMPANY ~unnoe, ice rest ant ) * * * * w * * ,t * * * * ,t * * ,r * * * * * * ,r * • STATE OF IDAHO COUNTY OF ADA On this St day of ~ 1990, before me, a Notary Public, personally appeared L R GUN an J AHMAN, respectively, the Vice President and Secretary, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. ''~'~-`IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea•T"the clay_ apd: year in this certificate first above written. ~'~''~~i•` .'A. • ~(NOTAgY .SEAL'•J°' _~ °- :' CrClhcs .l'~~~~ * ~O G r ~ otary esi ina g: ,,. t/Q~~ ••~;~ Residing at Boise, Idaho • My Commission expires:ia dL ~z- I • i N1r~RIDIAN P & Z MAY 8, 1990 PAGE #5 Clerk Niemann: The area of impact is the land that we think someday down the road might be in the City limits, the urban service planning area is what we can actually serve with our water & sewer. Discussion about frontage roads - tape on file. The Motion was made by Rountree and seconded by Shearer to amend the petition Item 8-U to change that item to allow the section dealing with the frontage roads to remain but to delete the reference of frontage roads and indication of frontage roads on_the policy diagram. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #3: VACATION OF EASEMENT REQUEST BY ALBERTSONS: The Motion was made by Hepper and seconded by Alidjani to reco~nend to .the City .Council to cellos the vacation of easement request by Albertsons. Motion Carried: All Yea: Johnson: One of the things that has come up quite often is the street light situation. As a replacement for street lighting we have allowed in the past yard lights to be put in. This is something we need to talk about. Discussion. (Tape on File) Also read a letter received from Winston Moore thanking the City for a pleasurable experience in dealing with .the City. The Motion was made by Rountree and seconded by Shearer, to adjourn at 8:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: Vic. Ma~ior & Council Valley News, Statesman, ACHD, P&Z Members, Atty, NIMD, CDH, ACC, SID, Bldg. Dept. Eng., Fire, Police, Mail (2) Stuart, Ward, Hallett, Gass File (2) ry ~ ~ T • MERIDIAN CITY COUNCIL JUI~ 5, 1990 PAGE 2 Kingsford: Is there anyone that would like Ordinance #533 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 533 be passed a.*tid approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tclsma - Yea: Motion Carried: All Yea: ITEM #4: ORDINANCE #534: REZONE PROPERTY FOR CAPITAL DEVELOPME:~I', DUNTEN SUBDIVISION: Kingsford: Read - AN ORDINANCE AP7ENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION; OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Kingsford: Is there anyone from the public who would like Ordinance #534 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read o^ three different days be dispensed with and that Ordinance Number 534 be passed and approved. Roll Ca11 Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; T'clsma - Yea; Motion Carried: All Yea: ITEM #5: APPROVE PRELIMINARY PLAT ON DUNTEN SUBDIVISON, IF ORDI2~ANCE APPROVE: The Motion was made by Tolsma and seconded by Myers to approve t~:e preliminary plat on Dunten Subdivision. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT BY A~BERTSON'S, INC.: Kingsford: I will open the Public Hearing, is there anyone present who would like to offer testimony on this issue? Myers: Could you explain for the public what this request is. Kingsford: In Commerce Industrial Park which is just outside the City limits just on the east side of Eagle Road. Albertson's Sundry's has been operatinc there and they want to expand on those lots the interior lot lines have a recorded 10' easement, Albertson's wishes to expand their operation occupy another lot and vacate the easement along that interior boundary. The Motion was made by Myers to approve this request, Kingsford: We need to back up, I don't believe that I closed the Public Hearing, so I will do so now. First Motion was withdrawn. The Motion was made by .Myers and seconded by Tolsma to approve this request for vacation of easement by Albertson's Inc.. MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE 3 Motion Carried: All Yea: ITEM #7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have a right to a pre-termination hearing at 7:30 p.m., June 5, 1990, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water/sewer/trash bill is delinquent, you may retain counsel. This service will be discontinued on June 13th unless payment is received in full. Is there anyone from the public who would like to contest their water/sewer/trash delinquency? There was no response. The Motion was made by Myers and seconded by Yerrington to approve of the turn off list. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The amount of the turn off list is $4,429.10. ITEM #8: APPROVE THE BILLS: The Motion was made by Myers and seconded by Tolsma to approve the bills. Motion Carried: All Yea: ITEM #9: PUBLIC HEARING: AMENDMENT TO 1989-1990 FISCAL YEAR BUDGET: Kingsford: Before I open the public hearing I will give a brief explanation. We have had an opportunity in three different areas to do work. We are asking to put more money in the budget to complete three things. One is the main dream project, we hope to do an LID, secondly is to avail ourself the opportunity to have private enterprise help with the line that goes across Ten Mile Creek, third is for a line extension on Ten Mile Road south of Cherry Lane. For those three reasons we are proposing to amend the budget. At this time I will open the Public Hearing. There was no response. I will close the Public Hearing. The Motion was made by Myers and seconded by Tolsma to approve of the Amended budget. Roll Ca11 Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Kingsford: Explained the additional monies. We also did receive~a drug grant for a drug enforcement officer, so you will need to withdraw your motion. Myers: I withdraw my motion, and second was withdrawn. The Motion was made by Myers and seconded by Tolsma to approve of the Amended budget. All Yea: ITEM#10: ORDINANCE #532: ORDINANCE AMENDING THE 1989-1990 ANi~'[JAL APPROPRIATION ORDINANCE The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 532 be passed and approved. rr MERIDIAN CITY COUNCIL • JUNE 19, 1990 The Regular meeting of the Meridian City Council was called to order by Council President Ron Tolsma at 7:30 p.m.: Members Present: Bob Giesler, Bert Myers, Max Yerrington: Absent: Mayor Kingsford: Others Present: Jim Johnson, Darwin Buchanan, Jerron Moore, Kevin Robertson, Wayne Crookston, Gary Smith, Moe Alidjani: The Motion was made by Myers and seconded by Yerrington to approve the Minutes of the previous meeting held June 5, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REQUEST BY TRUCK EQUIPMENT CORPORATION FOR VACATION OF 10' EASEMENT IN COMMERCE PARK SUBDIVISION: Tolsma: I will open the Public Hearing, is there anyone who wishes to testify. Being no response, the public hearing was closed. The Motion was made by Giesler and seconded by Myers to approve this request by Truck Equipment Corporation for vacation of 10' easement in Commerce Park Subdivision. Motion Carried: All Yea: The Motion was made by Gieller and seconded by Myers to have the attorney prepare an Ordinance . Motion Carried: All Yea: ITEM #2: ORDINANCE #535: ORDINANCE VACATING EASEMENT FOR ALBERTSON'S: Tolsma: AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA COUN`T'Y, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE OF LOT 1, BLOCK 1, OF COMMERCE PARR SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUN'T'Y, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone in the audience that wishes to have Ordinance #535 read in its entirety? There was no response. The Motion was made by Myers and seconded Yerrington that;~the.rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 535 be passed and approved. Roll Call Vote: Giesler - Yea; Yerrington - Yea; Myers - Yea: Motion Carried: All Yea: ITEM #3: APPROVE SUMMARY OF ORDINANCE #529,530,531 FOR PUBLICATION PURPOSES: The Motion was made by Myers and seconded by Yerrington to approve of the summary's or Ordinances #529, 530, & 531. Mnti nn Carried: All Yea: NG . N .d ~ ( °-~~ i Yi Yii m~ ~ `~) g~~~~~ p ZO ~~~~~ti m P ' u i ~ Zy m n i C 1 . PI ~ ~ ppap~a °z ~ F~{~~~ r ~P~~~~ o rn Y ~~ Y Q~ n ~ ~8~~~i, ~ ~4Q tS~t ~'~y ~I ~~'~. L A r r ~~\ i F ML ~ 1 s w ii~•~ ~ ~~ i 100.00' -- -- =13 51.80 - ' - ~ ~' R~"~A GLEe92.~s' ROAO NoioPl' ' ~ ' =X00 96' 4 43 5~i , ~ . x4.97 Ia ti~ . 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'}lh.~ xaho' x5.oo' _t~__ __ -.-.----- --------------_-' i A w ~ i a ~ ~ J' L G ~ ~ ° I1 ,M°, ° ~ oM I I ~ 0 3. b0 i3~ 3. S s o g gg m "~ ~S o ~ t~ n `.~`f SNAKE RIVER • • _~"- I DAH O POWER COMPANY __-~, ~, HYDRO POWER PU liax 70, Base, Idaho 83707 play 2, 1990 "~l~s . P.,itia L . B etvc y Haw.~ey 7naxe~ Bnvws S Haw2.ey PU Bax 1617 Batise, Idaho 83701 1~eatc M~ . Betvcy: ~nc.e.a~sed -us a cagy any Iws~r.umev~t 9023179. Thtis ~,ws~tc.umev~t ne.E?ea~~s av~ eu~emewt avetc avid actca~s~s the ~a~s~ ~stide any Lai 4, B-E?acFz 1, ti~ Sec~t%av~ 9, Tawv~Gi,%p 3 Nash, Ravage 1 ~a~~, 8.~~(., Ada Cauwty, Idaho, Cammetcce Panf~ Subd~.v,i~s~.avl. A.P~a enc,e.a~sed -ins a copy a~ the p.2a~ mad fan Cammehce Pcvc~Z. I~ you -have a~.y que~~%avus, p2ea~se cawta.c~ the uv~detc~s~.gv~ed. V en y ~tcu.~ y ya utc~s , ,~ s~.-~ Da v~a,Qd Ba~tc Pehm,ct Ca-ahd-(.Vla~atl. R.i.gh~-a~-ulay 1Jepan~mevit ~B/dp ~VlC.eab cvice~ ~, ;~ ,~: ' GENERAL OFFICES INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD - P.O. BOX 7808 - BOISE, IDAHO 83707 - (208) 377-8000 April 16, 1990 Rita L. Berry Hawley Troxell Ennis and Hawley First Interstate Center Suite 1000 P.0. Box 1617 Boise, Idaho 83701 RE: Vacation of utility easement along the inside East lot line of Block 1 Lot 4 of Commerce Park Subdivision. Dear Ms. Berry: Intermountain Gas Company has not objections to the,vacation of the above referenced easement. Sincerely, INTERMOUNTAIN GAS COMPANY =~ .~C~yy~ David M. Combs Western Region Operations Manager DMC:jcb cc: Herb Vann ~~,~ ~ ( . J April 18, 1990 Hawley Troxell Ennis & Hawley ATTN: Rita L. Berry First Interstate Center, Suite 1000 P.O. Box 1617 Boise, ID 83701 RE: VACATION OF PLATTED UTILITY EASEMENT Dear Ms. Berry: ~~ lJN/TED CABLE TELEV/S/ON ~J. OF TREASURE VALLEY 8400 Westpark Street Boise, Idaho 83704 (208) 375-8288 At this time, United Cable Television does not occupy this easement, and has no future plans to do so. United Cable Television has no objection to the vacation of said easement. If you should have any questions or concerns, please give me a call at 377-2491. Sincerely, i~~~e~~~~G~ Richard Walker Construction Supervisor RW/br RW01AP0 i • PARTIAL EASEMENT VACATION The Public Entity signatory hereto relinquishes any and all rights to access the easterly ten (10) feet of Lot 4, Block 1 of Conanerce Park Subdivision, said ten (10; feet being a utility and drainage easement. U S WEST omm~.anications BY: NAME : G • W. Pridz~re TITLE • Tanager "Network- Facilities • Engineering Boise TRetro STATE OF IDAHO ) )ss County of ADA ) On this 19t1i day of APril 19 90 , before me, the undersigned Notary Public for said State, personally appeared ~_ T~7. Pridmore , known to me to be a duly authorized representative of U S WEST Communications whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said organization. IN WITNESS WHEREOF, I my official seal, the day above written. ~~ L ~ ~~t~-I {~ ,. f ~ ~ J~ ~ ~ } ,~ y ,~ - _ 1 q~.. \~ have hereunto set my hand and affixed and year in this certificate first ~~~ Nota~i-v Pub is for Idaho Residing at Caldwell, Idaho Commission Expires 3-694 ~ ~ ~~f-~E~® COMMUNICATIONS Boise, 2daho April 19, 19Q0 Ms. Rita L. Berry Hawley, Troxell, Rnn~is & Hawley P. 0. Box 1617 Boise, Idaho 83701 Dear Ms. Berry: Enclosed is the requested vacation of the easterlX ten (10)_ feet of Lot 4, Block 1 of_ Coerce Park Subdivision. ~f you need any further assistance vlease call ~ at 385-2524. Sincerely, -~~ Max Aguilar Manager -Right of Way P. 0. Box 7888 Boise, Idaho CC: Dan Poole ~~`~ c~ c I I i '~ai•. , .~yi f q ~ ~ I ~, y- ~n?~ ~ ~ ~~~'v ~O ~ ~ ~ ~ 9 P n Irl ~ ~ ~ o ~~ C (m r ~p~ipi{1 ~ ~ IN I 4ze.55' . i, •Y; ~ ~ ~ f ~ I S 00. 00' 00 E ~ ' ' ' m a° ~ I m • • '~ B ~ ~ ~ 0 4- nl ~i ~~ ~ ~ ~ a ,5,.95• I m I O ~ ` 11;;1 ~ ' . $~~~~# ~ 'a! ,: ~ ~ I', I r ~ ~-gip ~. 5 5 zs' 9r. 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I~' ~ I fIl ~m 4 I A~ ~: ,1.1=.-..-_- -.~..~.T~.t:,~., .i ~ 1 ~ ie~l~l!'':j;li t r. II_'` / I 5 A i ~Ir II rn~ ,r' c I ~ r I X11' _I ~IIII I I~~)I~I f, •' I Z I. ). ~~ ~ ~ )~' ~ r. 1 1 (r;l ;~.'l1lr `III ~ •:: 1:' ~ ~~! ~•~ 1 1 li~l~~~~'~~ SI ~ u ~.!'~ '! 1 N ~~1'- 1 I I~ ~ )il)~~I,Illr !`~11 it ~ 1 I j .• 1. I, ~. ?= j~b'_ ~ 'I ~ ~~~i; r:~ll: 1 ~ ~1= III I -`: 1 •~ _.:j1i ~-~- r - •, I m III 1 i ,I • .... - _ ...... ........ j +, ._ III '' ' •. :. .. I•I . I* 1 •• ;ice'' .. F' " Ii~• .. , 1 Ien~ ~ I '~~. r•' • O N'O i I .I II' I C~ a 11 ' r I~ ~I t • ~, ~ N .I s: Z ~., •~- .., .. r• -- ~~!~I~~ ~ + / • sftfill:~~~it~~f:, - „ ~ ,.. ~. ~ _~ HAWLEY TROXELL ENNIS & HAWLEY ATTORNEYS AND COUNSELORS ROBERT I.TROXELL JOHN McGOWN~JR. FIRST INTERSTATE CENTER JESS B. HAWLEY~ JR. ALBERT P. BARKER JOHN T. MAWLEY~ P, A. DON A.OLOWINSKI SUITE 1000 THOMAS A. MILLER JOHN T, HAW LEY~JR. M. HEAL NEWHOUSE RONALD E. BUSH POST OFFICE BOX 1617 CRAIG L. MEADOWS STEVEN W. BERENTER JOSEPH D. McCOLLUM~JR. KENNETH C. HOWELL BOISE, IDAHO 83701 WAYNE B. SLAUG HTER~ JR. RITA L. BERRY GARY D. BABBITT MICHAEL M. STODDA RD P. CRAIG STORTI JOSEPH P, LANG FIELD TELEPHONE MERLVN W. CLARK SUSAN D. MINER RICHARD F. GOODSON KEVIN J. BEATON (208) 344-6000 CARL W. HARDER PATRICK V. COLLINS PHILLIP M. BARBER CHRIS F. ODE DONALD E. KNIC KREHM DAVID A. CHANNER TELECO PIER EDWIN V, APEL~ JR. EUGENE A. RITTI BRAD P. MILLER STEVEN R.ORMISTON (206) 342-3629 KAREN L. LANSING WILLIAM J. DAVIS RICHARD G. SMITH JOHN B. HINTON JOHN F. KURTZ~ JR. JULIA A. CROSSLAND ROBERT S. ERICKSON RICHARD B. BURLEIGH NICHOLAS G. MILLER RANDOLPH J. HILL• M 4 1990 BRENT F, LLOYD .NOT ADMITTED iN IDAHO ay , Jack Niemann City Clerk City of Meridian City Hall Meridian, Idaho 83642 Re: Vacation of Platted Easement Application by Albertson's, Inc. Dear Jack: PAUL B. ENNIS (191®-1982) POCATELLO OFFICE 125 NORTH GAR FIELD POST OFFICE BOX 4167 POCATELLO~IDAHO 83205 TELEPHONE (208) 233-0645 TELECOPIER (208) 233-1304 One of the items required in the process of having a platted utility easement vacated is written consent from each utility company. We requested the consent of Idaho Power, Intermountain Gas, U.S. West and United Cable Television. Each of those utilities have given their consent, as evidenced in the attached letters. You will see that Idaho Power went farther and recorded a Partial Release of Easement. Please If there are any please notify me hearings on this With the consent Council approve add these documents to your file on this matter. other utilities which must give their consent, immediately. We understand that the public matter are scheduled for May 8th and June 5th. letters in hand, assuming the Commission and the vacation, we expect the easement to be HAWLEY TROXELL ENNIS &HAWLEY Jack Niemann City of Meridian May 4, 1990 Page 2 vacated on June 5th. If you can foresee any problem with this assumption, please contact me. Sincerely, HAWLEY TROXELL ENNIS & HAWLEY /~~ ~° Rita L. Berr RLB/dd Encl. cc(w/encl.): Bill Arnold Wade Williams. HAWLEY TROXELL ENNIS & HAWLEY ATTORNEYS AND COUNSELORS ROBERT I, TRO%ELL JOHN MCGOWN~JR. FIRST INTERSTATE CENTER JESS B. HAWLEY~ JR. ALBERT P, BARKER JOHN T, MAWLEY~ P.A. DON A.OLOWINSKI SUITE 1000 THOMAS A. MILLER JOHN T, HAW LE ~ JR. M. HEAL NEW HOUSE RONALD E. BUSH POST OFFICE BOX t617 GRAIG L. MEADOWS STEVEN W. BERENTER JOSEPH D. M<COLLUM~JR. KENNETH C. HOWELL BOISE, IDAHO 83701 WAYNE B. SLA UG HTER~ JR. RITA L. BERRY GARY D. BABBITT MICHAEL M. STODDARD P. CRAIG STO RTI JOSEPH P. LANGFIELD TELEPHONE MERLYN W. CLARK SUSAN D. MINER RICHARD F. GOO DSON KEVIN J. BEATON (208) 344-6000 GARL W. HARDER PATRICK V. COLLINS PHILLIP M. BARBER CHRIS F, ODE DONALD E. KNICKR EHM DAVID A. CHANNER TELECO PIER EDWIN V. APEL~ JR. BRAD P. MILLER EUGENE A. RITTI STEVEN R. ORMISTON (208) 342-3829 KAREN L. LANSING WILLIAM J. DAVIS• RICHARD G. SMITH JOHN B. MINTON• JOHN F. KURTZ~ JR. JULIA A. CROSSLAND ROBERT S. ERIC KSON RICHARD B. BUR LEIGH NICHOLAS G. MILLER RANDOLPH J. HILL• A ril 3 1990 BRENT F. LLOYD .NOT ADMITTED IN IDAHO p , HAND DELIVERY \ ~U Jack Niemann '~~\ City Clerk V City of Meridian City Hall Meridian, ID 83642 Re: Albertson's -Vacating Easement Dear Mr. Niemann: AM/ ~I~,4~ yo ~,/~ We write as attorney's for Albertson's, Inc. Albertson's is making an application to vacate a platted easement in the Commerce Park Subdivision. Albertson's would like to vacate a platted easement for utilities and drainage in Commerce Park Subdivision. The platted easement lies along the inside of the east lot line of Lot 4, Block 1. Albertson's is the owner of the property immediately adjacent to the east of Lot 4 and has a contract to purchase Lot 4. The purpose of purchasing Lot 4 is to expand its current warehouse on the adjacent property onto Lot 4. The platted easement, which is not used by any utilities, must be vacated to allow Albertson's to accomplish the expansion it desires. As we discussed on the telephone yesterday, I prepared the necessary documents and submitted them to Ada County. Ada County advised me that they could not accept them because the property lies within one mile (approximately 1/4 mile) of the city limits of Meridian. They believe the application must be filed with City of Meridian. PAUL B. ENNIS (1916 - 1982) POGATELLO OFFICE 125 NORTH GAR FIELD POST OFFICE BOX 4167 POGATELLO~ IDAHO 83205 TELEPHONE (208) 233-0845 T EL ECO PIER (208) 233-1304 I am enclosing the following for your review: HAWLEY TROXELL ENNIS & HAWLEY Jack Niemann April 3, 1990 Page 2 1. Application for Vacation of an Existing Subdivision or Other Right of Way; 2. Land Use Application which has attached to it a copy of the Purchase Agreement 3. A copy of the plat map showing in yellow highlight the location of the easement. These are the same documents I submitted to Ada County. Please review these and let me know if you need additional information, what the filing fee will be and the process necessary to vacate the easement. I will be happy to discuss this with you in greater detail. Thank you for your cooperation. Sincerely ~~.;° Rita L. Berry Enclosures i • HAWLEY TROXELL ENNIS & HAWLEY ATTORNEYS AND COUNSELORS ROBERT I. TROXELL JOHN McGOWN~JR. FIRST INTERSTATE CENTER J E$S B. NAWLEY~ JR. ALBERT P. BARKER JOHN T, HAWLEY~ P,A. DON A.OLOWINSKI SUITE 1000 7HOMA5 A. MILLER JOHN T, HAWLEY~JR. M. NEAL NEWHOUSE RONALD E. BUSH POST OFFICE BOX 1617 CRAIG L. MEADOWS STEVEN W. BERENTER JOSEPH D. McCOLLUM~JR. KENNETH C. HOWELL BOISE, IDAHO 83701 WAY NE B. SLAUGHTER, JR. RITA L. BERRY GARY D. BABBITT MICHAEL M. STODDARD P. CRAIG STO RTI JOSEPH P. LANGFIELD TELEPHONE MERLYN W. CLARK SUSAN D. MINER RICHARD F. GOODSON KEVIN J. BEATON (208) 344-6000 CARL W. HARDER PATRICK V. COLLINS PHILLIP M. BARBER CHRIS F. ODE DONALD E. KNIC KREHM DAVID A. CHANNER TELECO PIER EDWIN V. APED JR. BRAD P. MILLER EUGENE A. RITTI STEVEN R. ORMISTON (206) 342-3829 KAREN L. LANSING WILLIAM J. DAVIS• RICHARD G. SMITH JOHN B. HINTON• JOHN F. KURTZ~ JR, JULIA A. CROSSLAND ROBERT S. ERIC KSON RICHARD B. BURLEIGH NICHOLAS G. MILLER RANDOLPH J. HILL• A ril 5 1990 BRENT F. LLOYD •NOT gOMIT TED IN IDAHO p , Jack Niemann City Clerk City of Meridian City Hall Meridian, Idaho 83642 Re: Application to Vacate Platted Easement Dear Jack: PAUL B. ENNIS (1916 - 1982) POCATELLO OFFICE 125 NORTH GAR FIELD POST OFFICE BOX 4167 POC ATELLO~IDAHO 83205 TELEPHONE (208) 233-0845 T ELECO PIER (206) 233-1304 Enclosed is a check for $100 for the application fee on Albertsons' application to vacate a platted easement. Also enclosed is a list of the names and addresses of the two owners of property located within 300 feet of the boundaries of the area described in Albertson's Application. Also included on the list are the utility companies, which are entitled to notice by certified mail of the hearing on the Application. I understand that the city of Meridian rarely processes such applications and is less familiar with the process than the city of Boise or Ada County. Accordingly, I thought it would assist you if I outlined the procedure the statute and ordinance require. Idaho Code § 50-1306A states that anyone desiring to vacate a plat (or any part thereof) on property located within a mile of the boundaries of any city shall petition the city council to vacate. The petition must be filed with the city clerk and must set forth the particular circumstances of the request, contain a legal description of the area to be vacated and state the names of the persons affected by the petition. Written notice of the public hearing on the petition must be given by certified mail at least ten days prior to the hearing to all property owners within 300 feet of the boundaries of the area described in the petition. Notice of the public hearing must also be published in the local newspaper once a week for two successive weeks prior to the hearing, with the last notice being published at least seven days prior to the hearing. • HAWLEY TROXELL ENNIS &HAWLEY Jack Niemann April 5, 1990 Page 2 The city council may grant the request with such restrictions as at deems necessary in the public interest. When a utility or drainage easement is being vacated, public notice of intent to vacate is not required. The easement is vacated upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail of the proposed vacation and have agreed to the same in writing. Section 9-611 of the Meridian City Code explains that the process to vacate an easement is to file an application with the administrator, who will place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than 15 days after acceptance of the application. The Commission reviews the request and makes a recommendation to the Council. The Council sets a date for a public hearing and gives public notice of the hearing. At the hearing the Council may approve, deny or modify the application. Since the city of Meridian does not have a standard application form, you authorized us to use the application forms used by Boise and Ada County. We filed the application on Tuesday, April 3, 1990. Please put this application on the agenda for the next regular meeting of the Commission and let me know what date the Commission meets. I assume that the Council meeting will be scheduled three to four weeks. after the meeting of the Commission and I would also like to be notified of that date. I am in the process of acquiring from the utility companies their written approval of the vacation and will deliver their letters of approval to you upon receipt. Although the amended plat cannot be recorded until those letters are received, the hearings before the Commission and the Council can proceed prior to receipt. i • HAWLEY TROXELL ENNIS & HAWLEY Jack Niemann April 5, 1990 Page 3 I look forward to working with you on this process and I will be happy to assist you in whatever manner possible. Sincerely, HAWLEY TROXELL ENNIS & HAWLEY ~~`~ Rita L. Berry RLB/jw enc. cc: Bill Arnold Wade Williams NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of .Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 5, 1990, for the purpose of reviewing and considering the Application of ALBERTSONS, INC., for the vacation of the easement described as follows: "A 10 foot wide utility and drainage easement located on the inside of the East Lot Line of Lot 4, Block 1, of Commerce Park Subdivision." A more particular legal description for the parcel and easement is on file in the office of the City Clerk of the City of Meridian and are available upon request. Public comment will be taken and is welcome. DATED this,~_ day of May, 1990. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 OFFICIALS JACK NIEMANN, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Woks Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chlef BILL GORDON, Police Chlel GARY SMITH, Clty Engineer June 20, 1990 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor Ms. Rita Berry Hawley, Troxel, Ennis & Hawely P.O. Box 1617 Boise, Idaho 83701 Dear Rita, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairmen Zoning & Planning JIM JOHNSON Enclosed is a copy of Ordinance #535 which was passed by the Meridian City Council on June 19, 1990 vacating the easement for Albertson's, Inc. in the Cc>nac>erce Park Subdivision. We have forwarded this Ordinance to the Ada County Recorder's Office for recording, if you need the recording number, please advise. 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KENNY BOWERS, Flre Chiel BILL GORDON, Police Chlel GARY SMITH, Clty Engineer June 12, 1990 HUB OF TREASURE VALLEY • A Good Place to Live COUNCILMEN CITY OF MERIDIAN R O A M A J .E BERT ES 33 EAST IDAHO MAX YERRINGTON MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning Phone 888433 JIM JOHNSON GRANT P. KINGSFORD Mayor lis. Rita L. Berry Hartley, Troxel, Ennis 8~ Harley P. O. Box 1617 Boise, Idaho 83701 Dear Rita, At the Meridian City Council Meeting held June 5, 1990, a Public Hearing ras held on the request by Albertson's Inc.. for vacation of a l0' easement located on the inside of the east lot line of Lot 4. Block 1, of Commerce Park Subdivision. After the Public Hearing the Council approved the vacation of this easement and the City Attorney is preparing an Ordinance to reflect this approval. This Ordinance rill be on the Council Agenda for July 19. 1990. Sincerely, l ~ ~, , J ck "H CtyC. ~~ j~ Attachment