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HomeMy WebLinkAboutMinutes• Meridian Planning & Zoning Commission Apri 111, 1995 Page 42 ITEM #16: REQUEST FOR VACATION OF A STREET EASEMENT BY W.H. MOORE COMPANY: Johnson: Is there a representative that would like, come see us and tell us what you want to do. He doesn't have to be sworn does he? Moore: On the Meridian Business Park there is re-subdividing the original plat which was 3 lots, 3 blocks into several smaller lots in each block. On the plat on note 2 there is a 5 foot easement for future street adjacent to the 50 foot street right of way. Mr. Priester will not sign the plat because he recognizes that easement as a public right of way. I have a letter from and I think you have a copy of it from the Ada County Highway District Attorney stating that they did not accept that as an easement or as a public right of way. We are requesting that note on that plat be vacated referring to the 5 foot future public street easement. Johnson: Any questions? Okay, our City Clerk has instructed as what our action is on this issue on the last page of your documents there. In other words we have to make a recommendation to the City Council. Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation to the City Council for the vacation of the subject easement. Shearer: Second Johnson: Its been moved and seconded that we recommend to the City Council a favorable approval of the vacation of the easement for W:H. Moore Company, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR VACATION OF A SANITARY EASEMENT BY CITY OF MERIDIAN (FOR ASCHENBRENNERS PROPERTY): Johnson: Is there someone here that would like to address the Commission on that issue, Gary Smith, would you like to do that? Smith: Mr. Chairman, Commission members, the Lake at Cheny Lane No. 3 subdivision required that a certain length of the existing sewer line serving all of the property to the south of the Lake No. 3 be relocated into a public right of way that was being platted as part of that subdivision at the Lake No. 3. When they moved the sewer line to conform to their platted right of way they had to adjust or construct a short length of line from their • Meridian Planning & Zoning Commission April 11, 1995 Page 43 relocated line back to the existing line in Mr. Aschenbrenner's property. In order to get to that existing line in Achenbrenner's property they had to cross had to create a new alignment across Aschenbrenner to make that connection. Mr. Aschenbrenner after some monetary consideration granted an easement to The Lake No. 3, the developer. Johnson: How much monetary consideration? Smith: I am not absolutely certain, I was told a number but that is only hearsay. In the process of granting that easement Mr. Aschenbrenner requested and we concurred that the existing length of sewer easement should be vacated and obviously that corresponding length of sewer line is being abandoned. So that is the reason for this request. It was, Mr. Aschenbrenner requested that it be vacated as part of him granting the other easement. It is about 60 some feet long is all it amounts to by 20 feet wide. (Inaudible) Smith: Yes, we don't need to easement and Mr. Aschenbrenner doesn't want it clouding his property for future development obviously. Crookston: Is there sewer line in it, in the easement? Smith: Yes, there is an abandoned length of 1 think it is 15 inch diameter sewer line. Crookston: And that is no longer needed? Smith: No sir, it has been replaced with a new piece of pipe. We have, the relocated sewer in the Lake No. 3 which is not an officially platted subdivision or recorded subdivision we have asked for an easement from the developer which he said he would give to us so that we have an actual easement there for the sewer line. The rest of it until such time that plat is recorded. Johnson: Any other questions? Alidjani: (Inaudible) Smith: I was told tonight that it clashes with the rest of my outfit. Crookston: It is only the rabbit's ears. Johnson: Okay, so do we want to do this or do we want to be obstinate? • • Meridian Planning & Zoning Commission April 11, 1995 Page 44 Shearer: I move that we recommend to the City Council that we abandon this easement. Johnson: Okay, we have a motion for abandonment, Crookston: I would recommend that you recommend approval of the vacation of the easement, it is tired and it needs a break. (Inaudible) Rountree: Second Johnson: Moved and seconded to grant the vacation of a sanitary easement, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I have one other question for you Gary before you leave, I want you to absolutely guarantee us that Don Brian will get water this summer. Smith: We are working real hard at that. Rountree: I move we adjourn. Shearer: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK Meridian City Council April 18, 1995 Page 12 Morrow: That being the case Mr. Mayor I will make a separate motion to (inaudible) Kingsford: Let's vote on that. Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare and ordinance and authorize the Mayor and the City Clerk to sign and attest that quick claim. Morrow: That would be the second motion. Kingsford: We did both didn't we? Morrow: You are going to put them all in the same motion? Kingsford: I thought that is what you did. Morrow: I will do that. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A VACATION OF A SEWER EASEMENT BY CITY OF MERIDIAN (ASCHENBRENNERS PROPERTY): Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Gary Smith, 33 East Idaho, was sworn by the City Attorney. Smith: Thank you, Mr. Mayor and Council members, when the Lake No. 3 Subdivision was being developed it required a certain length of the existing sewer line to be relocated into a public right of way to conform with the plat that they were proposing. Since the sewer line moved to the west there was a short length of sewer that needed to be constructed from the north boundary of the subdivision into and through Aschenbrenners property to reconnect to the existing sewer line in his property. This required a new easement which Aschenbrenner granted to the developer. At the same time it required the abandoning or vacating of a short portion of the existing easement from the Lake at Cherry Lane's north boundary to this manhole at which point the new sewer connected with the existing sewer. Mr. Aschenbrenner required the vacation of this easement as a condition of his granting Meridian City Council April 18, 1995 Page 13 of the new easement I believe that was part of it. We don't need the easement anyway, the sewer line is abandoned it is not used and do therefore this is an attempt to just remove that easement from Aschenbrenner's property. Kingsford: Questions of Gary? Thank you, is there anyone else from the public that would like to offer testimony on this issue? Seeing the number of engineers in here that I do and they are all Smith instead of Mr. Lee, I am glad to see you came in Gary, otherwise they would all be Smith's that were engineers here. Is there a motion on the vacation of the easement? Morrow: A question in terms of we need quick claim deeds drawn here who do we instruct to draw them, Mr. Smith our City Engineer? Kingsford: I would assume it would probably be the attorney. Crookston: Our ordinance says that the owner or the applicant really is to prepare the deeds and the Applicant is the City, either Gary or I can do it. Kingsford: Can you do those Gary? Smith: I can provide the description, the legal description was prepared by the developer's engineer that is relocating the sewer, so I have that. I don't know what else is involved as far as a quick claim deed is concerned. Crookston: I can prepare the deed that is not a problem. Morrow: Mr. Mayor I move that we instruct the City Attorney of the City of Meridian to prepare the quick claim deeds necessary for the vacation of the sewer easement and that we authorize the Mayor to sign and the City Clerk to attest those deeds. Yerrington: Second Morrow: Moved by Walt, second by Max to have the Attorney prepare a quick claim deed for the vacation of the sewer easement for the Aschenbrenner property, authorize the Mayor and City Clerk to sign and attest those documents, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare the necessary ordinance also. Meridian City Council April 18, 1995 Page 14 Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare the necessary ordinance for the Aschenbrenner vacation of sewer easement, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINAL PLAT: THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, 54 LOTS, BY STEINER DEVELOPMENT: Kingsford: Does the Council have questions for either staff or the applicant? Mr. Campbell, would you come front and center, I have one question for you. What are you doing scraping our dirt off the fairway? Don't give me one of those? Campbell: Did we do that? We are leveling it off for you. Kingsford: You didn't take topsoil? Campbell: No, just removed all the high spots. Kingsford: There is a viscous rumor that you took topsoil. Don't take our topsoil. Campbell: No, we aren't, there are a lot of homes out there and we are levelling a lot of it out. You were going to have to do it either way. Kingsford: But we were going to make tee boxes and greens out of it. Campbell: We can take care of that for you (inaudible). Kingsford: Any other questions of Mr. Campbell with regard to the final plat? Morrow: My only question would be is that you are agreeable to staff conditions and you have reviewed staff conditions? Campbell: Yes, we have reviewed all the City comments and accept all the items. Morrow: I have no other questions. Kingsford: Thank you Doug, any questions of staff?