HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STAFF REPORT Hearing Date: May 6, 2008
TO: Mayor and City Council E IDIAN~
FROM: Bill Parsons, Associate City Planner 1 D A H O
208-884-5533
SUBJECT: Sundial
VAC-08-003
• Request to vacate a portion of existing right-of-way platted with Turtle Creek
Subdivision #2 for a portion of W. Whitelaw Drive, by Gemstar Properties,
Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Gexnstar Properties, LLC, requests approval to vacate a portion of the existing right-of-
way platted with Turtle Creek Subdivision #2. As a condition of approval for the Sundial Subdivision,
ACHD required the applicant construct a T-type intersection; extending W. Whitelaw Drive into the
development via a cul-de-sac approach that was already designed for that road section. In order for
ACHD to act on the applicant's request to vacate the existing right-of-way and dedicate new right-of-
way, ACHD must receive a recommendation for approval (consent) from the City Council. The
applicant will be exchanging the vacated W. Whitelaw Drive right-of-way for the new T-type
turnaround area with ACHD.
The Idaho Power Company had a J-box located in the exchange right-of-way area and has since
relocated it from said right-of-way. The applicant has provided staff with copies of the relinquishment
letters from the appropriate easement holders/service providers. Staff is unaware of any other
easements located within the right-of-way that the applicant is proposing to vacate and exchange with
ACHD. The Unified Development Code 11-SA-1, requires the City Council to be the decision
making body on vacations applied for in the City of Meridian.
This area has been preliminarily approved for 28 single-family residential building lots and 4 common
lots in an R-4 zone. The site is located approximately `/ of a mile south of Ustick Road and %z of a
mile east of Ten Mile Road, adjacent to Turtle Creek Subdivision. The site is currently vacant except
for a 150-foot tall cell tower and associated structures that will remain on the property.
2. SUMMARY RECOMMENDATION
The subject application (VAC) was submitted to the Planning Department for review. Staff
recommends approval of the request to vacate a portion of W. Whitelaw Drive platted with
Turtle Creek Subdivision #2 (VAC-08-003).
3. PROPOSED MOTION
Approval
I move to recommend approval to ACHD of File Number VAC-08-003 as presented in staff report
for the hearing date of May 6, 2008 with the following modifications: (Add any proposed
modifications.)
Sundial VAC-08-003 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
Denial
I move to recommend denial to ACHD of File Number VAC-08-003 as presented during the
public hearing on May 6, 2008 for the following reasons: (You should state specific reasons for denial
of the annexation and you must state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Number VAC-08-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: South of Ustick Road, West of Linder Road, Parcel #S 1202131240, in
Section 2, Township 3 North, Range 1 West.
b. Owner: Gemstar Development, LLC.
738 South Bridgeway Place Suite A100
Eagle, ID 83616
c. Applicant: Same as above.
d. Representative: Mike Konecny, Stanley Consultants
e. Present Zoning: R-4
f. Present Comprehensive Plan Designation: Medium Density Residential
5. PROCESS FACTS
a. The Unified Development Code, Section 11-SA-2, requires the City Council to be the decision
making body on vacation applications within the City of Meridian. The Council's decision
represents consent for the Ada County Highway District to process the vacation application.
The District is the final decision making body.
6. LAND USE
a. Existing Land Use(s): This site is currently vacant except for a 150 foot tall cell tower that is
located in the center of the proposed Lot 23, Block 2. The cell tower is to remain on the
property.
b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by
single family residential development and a cell tower.
c. Adjacent Land Use and Zoning:
1. North: Single family homes, Tumble Creek Subdivision, zoned R-4
2. South: Single family homes, Turtle Creek Subdivision, zoned R-4
3. East: Single family homes, Turtle Creek Subdivision, zoned R-4
4. West: Single family homes, Field Stone Meadows Subdivision, zoned R-4
7. EXHIBITS
A. Drawings
1. Vicinity Map
2. ROW Vacation Map
3. Letters of Relinquishtnents
Sundial VAG08-003 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
1. Vicinity Map
Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
2. ROW Vacation Map
13
~U'~` `~'-
^' EXI~IBIT „~ „
LEGEN D
TQTAL AREA VACATE ---- ------ txsn~c ~nr tWE
957 SQ. ~T. - p,,~ ~
~OTTAI. ARBA EXCAANGE ~ ro~rt-aF ~-r uE
83v s4. FT. PT ~,f7TfT ao~r to v~c~-~
Noir, r~ oac~uw~
P_O.B. PaNr oF e~wNc
PROPOSED~ SUNDIAL SUBDIViSiON
EXCHAMGE PARCEL
s57 sq.ft. PROPOSED
1 LOT 21
~-~
VACATtON PARCEL 2
406 sq.ft. `~
- PROPOSED
~ LOT 22
~` ~~
LOT 1
BLOCK 16 ~
/'~ .~a-
P.O.B.
VACATION 2
anor- Pazc:E~ ~
551 sq, ft.
PROPOSED
LOT 20 ~''
/
i
. i
P.0.8~
VACATION
LOT 1 .
BLOCK i 7
RYGHT-Ofi-IY#1Y EXCHANGE
~f}R SUNDIAL 3UHDM3ION .
~aca~n r~ ~ srr i/~ a~ ~ x~ 1/~ St~111ey Coi~u'~ ~ac.
SEG"PION 2. T.3N., R.ill.. B.l[.,
M~RIDIAN, ADA COUNTY, IDAHO ~wo s eoe~m wr-r, sur~ »o
a~o wu~ owa c~~ a.a wa sc~ wo. auw+ eti:
Row _t/~/oe y~~ wrs ts~as c~c
.. n...._ t ..r f
.~...~.+:
:: : ~ ' ~6
P.O.H.
Ex~rrcB
~\,~t~LAWa~ '
~ /~
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3. Letters of Relinquishments
i~~_ 'e ~
.~
Aprit 4, 2004
Ada Coumty H'ighway Distaict
Atta: A+ts. Midge I~Iine
Rigt~of-Way Ttivasiam
3775 N. Adam~ 3troot
Gardea G`ity, ID 83'1146441
Re: A Vacatian ! F,~c,tianlr,e of a partian of a cal de ssc madway lmawn as Wr,at Whitelaw
Drivc tba~t wae ~d flnroagh T~e Ct~lc Sabdivieioa No. 2 wLicit is g~rallY
1'~at~ wi~t t~ SW'I+NTi3/., 3oc. Z, T3N, RI W, BM, Ada. Couaty, ID.
Dear M$. Klina:
Idaho Pawm~ C~panY (IFCj Peraom~l i~ve ~y romoved iig J-bwc davioe from witlun ~
PmP°~ ~~ P~'~l• Tbrt sbove mprtioa~od raadway moxo ~y ~'bed in tha
attac~d E~ctu'bit "A" Prqm~'ed bY Michael E. M~ka, PL3. I am e~cl~ing a capy of 1PC's
signed ~d ~ta~izcd Parttat RdAaao documeart as pmof of IPC'a mbaut o~ give up ifa rig~ts in a
small po~tiai of the d~d cnl de sac. 'That arigiaat Partial Redease clocum~t wea se~nt to
Ada Couaty f~ remoa~daHon todsy. T'~fnre, IpC cbea rx~t object to t~,e vacation aad mcchaugo
of t~ guiblic right of wsy.
~ Y~ ~' &~~S ~~~P~itY to cammant on the abovaprapoeed ~recation / exchangc.
1'Icsac contact me if Y'~u ~~ve ~tY ~~' Q~ns ar ~od guy additioaval iaformati~.
Sit~c~+elY>
~ ~~~~~ /
~. ~~~
Cc: M. Marks, PL5 3tamley Consul~nts
City af MaidiaA, Flaaning a~d Zoning
s. ~~, ~c
~ ~~,
38&2d99-dwct JBre
388-6927-~r b6pe
P.O. Bwt 70 (83707)
1I21 W. W~ho St
Bo1se, ID 83701
E~chibif A Page 3
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
~
IDAHO POWER COMPANY ~~LI- ^`JI
Pariial Rd~eae of Es~t
STATS OF IDAHO )
~
COLTNTY UF ADA )
Chz ~is `~~!-~-`~- day °f Apxil, 2008, boforo muo, a Notary Pablic. P~Y ~ M.L Ta~BOn,
La~i Y.~ of t3~e ca~po~atiott that araculed tha ~ instr~~ and ac~towled~ed ta ~ thei
such caxpaati~oa ~cecuted tl~ samo as tho Sre act aad dad of said ootporetiom.
IN WTITTESS VVFiBRBOF, T have ~to set mry l~ aad
this certific~be fust above writben.
~~
~Y ~ Y~r in
Exhibit A Page 4
My C~on m~es' _ , /~ r' //
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
AItA i~IftY RH~dtDtlt ~. DAIID IYNdY~10 AMOlNIt 16./0 6
~ ~ANO ~ OReI AM
~ R ~ NIIIM1111~II~N111NI~~
i~B@17863
A(3REEMENT TO VACATE i31CaHT OF WAY
4west Cornmun4catlans
Joe VIIlareal
1315 w. Am)ty
Bofse,ldaho 8370$
FEBRUARY 5, 2008
DEAR StRS:
3TAN~EY CONSULTANTS IS CURRENTLY PLATTiNt3 SUNDIAL SUBDIVISION FOR
GEMSTAR PRQPERTIES LLC. AS PART OF THE PIATTING REQUIREMENTS THE CITY OF
MEREDIAN IS REQUIRINC THE VACATION OF A PQRTION OF THE IX{37'ING RIt3HT OF
WAY OF W. WHITELAW DRNE AS CREATED BY THE PLAT OF TUR'TLE CREEK
SUBDMSION NO. 2, RECORDED IN BOOK 81 OF PLATS AT PAGE 8T54. 3AID RIGHT OF
WAY IS LOCATED IN "fHE NE'h OF SECTi~12, TOWNSHiP 3 NORTH, RAPiGE 1 WEST,
B.M., CITY OF MERIDIAN, ADA COUNIY, IDAHO. THIS RlGHT OF WAY MAY CONTAIN
EXISTING FACILITIE3 FOR PUBIIC UTILITIES, DRAINAGE ANO PRE3SURE IRRIGATION. !N
ORDER TO VACATE A PORTION OF PUBLIC RIt3HT OF WAY, IDAHO STATE CODE
REQUIRES THA7 ANY ENTITIES WHICH MAY HAVE FACILtT1ES IOCATED IN SAID RI(3HT
OF WAY ARE NOTIFIED IN WRITING AND TWAT YOU RELINQUI3H YOUR INTEREST IN
TNIS RtGtfT OF WAY AND AGREE TO THE VACATiON OF SAID RIGHT OF WAY BY THE
RE3PON31BlE GOVERNMENT AGENCY (ADA COUNTY HK3HWAY DISTRICT'). PLEASE
REYIEW THE FOLLOWINC3 AND IF IT IS ACCEPTABLE SIGN THiS DOCUMENT AND HAVE
THE 31GNATURE NOTARIZED AND RETURN THE ORlGtNAI IN THE PROVIDEO
ENVELOPE. IF DCISTING UTIIlTIES ARE LOCATED W ITHIN THE LIMffS OF SAIR RIGH7 OF
WAY OR 1F YOU HAVE QUESTIOIdS OR C~ulMENTS CONCERNING THIS DOCUMENT
PLEASE CON'TACT MICHAEL MARKS AT STANLEY CONSULTANT3, PHONE NUMBER 208-
855-5600. 'fHANK YOU FOR YOUR ASSi3TANCE IN THIS MA7TER.
RKiMT OF WAY TO BE VAGATED:
TWO P'ARCQS OF EXISTING PUBLIG RiGNT OF WAY OF W. WHRELAW DRIVE AS
CREATED BY THE PLAT OF TURTLE CREEK SUBDIVISION NO. 2, RECORDED IN BOOK 81
OF PLAtS A7 PAGE 8754, LOCATED IN 7HE SW 1/4 O~ THE NE 1/4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, 801SE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO. BEIPIt3 A40kE PARTiCUTARLY DESCRIBED AS FOLLOW3:
VACATION PARCEL N0.1
COMMENCING AT THE NORTH 1/ 4 CORNER OF SECTION 2, T.3N., R.1 W., B.M., THENCE S
15°12'54" E 2084.90 FEET TO THE WESTERN MOST CORNER OF LOT 1, BIOCK 'J7 OF
TURTLE CREEK SUBDIV4SION NO. 2;
THENCE N 39°15'15° W 30.16 FEET ALONC THE EXISTING RIGHT-OF-WAY OF WEST
WHI'fELAW DRlVE t0 THE REAL POINT OF BEG{NNiNti OF THt5 DESCRIPTION;
19'708Qwest-RELINQLTISH-EASE.doc
Eachibit A Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
THENCE N 39°15'15' W 6B.74 FEET ALONG THE PRQPOSED RICHT-0F-WAY OF WEST
WHfTELAW QRIVE TO A POfNT ON A CURVE;
ThlENCE 72.42 FE~T ALONG THE EXlSTING EAST RlGMT-0F-WAY OF WEST WHITELAW
DRNE ON A CURVE 70 THE l2tGHT, SAID CURVE HAV{NG A RADIUS OF 52.1& FEET, A
DELTA ANGLE 79°32'54° A TANGENT OF 43.42 FEET AND A CHORD BEARING S 39°15'15'
E 86.74 FEET TO TNE REAL POINT OF BE~i1NNlNCi QF THtS bESCRIPTION, CONTAINING
551 SQUARE FEEt' MORE OR LESS.
VACATION PARCEL NO.x
COMMENCtNG AT THE NORTH 9/ 4 CORNER OF SECTlON 2, T.3N., R.1 W., B.M., THENCE S
09°55'47" E 2Q$1.50 FEE7 TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 18 OF TURTLE
CREEK SUBDMSION NO. 2;
~. ALONG THE EXiSTINd RIGHT-OF-WAY OF WEST W1IITEWW DF2NE THE FOI.LOWING:
TH~NCE N 5U°44'45' E 74.27 FEET TO A POtNT Oi= CURVATUf2E, THE REAL POINT ~
BEt31NNMiCi OR'TNIS DESGRIPTION;
THENCE 16.~i FEk`f ALONG A CURVf TO THE LEFT, SAID CURVE HAVINC3 A RADIUS OF
20.00 FEET, A i3~LTA ANGLE OF 48°25'54` A TANGENT OF 8.99 FEET AND A CHORD
BEARFNG N 26°34'32" E 18.41 FEET TO A POINT OF REVERSE CURVATURE;
THENCE 36.88 FEET ALONG A CURVE TO T'HE RlGHT, 3AiQ Ct1RVE HAVING A RRDIUS OF
52.18 FEET, A DELTA AN6LE OF 40°30'33' A TANGEN'T OF 19.25 FEE'f AND A CHORD
BEARINO N 19°32'15" E 38.11 FEET TO A PO(NT ON A CURVE;
LEAVINt3 THE EXISTING RIGHT-0F-WAY OP WEST WHtT'BLAW DRNE AND
ALONG TFiE PRt}PQSEQ RIGHT-0F-WAY OF WEST WHITELAW DRNE THE FOLLOWING:
THENCE S 38°45'15' E 5.44 FEET TO A POINT;
'THENCE S 05°44'45" W 2828 FEET TO A POINT;
THENCE S 50°44'45" W 25.85 FEET TO THE REAL POINT QF BEt31NNIN~3 OF THIS
DE3CRIPTiON, CONTAINING 406 SQ. Ff. MORE OR IESS.
SEE ATTACHED COPY OF THE RECORDED PLAT OF TURTLE CREEK SUBDNI310N NO. 2
FOR FtEFERENCE RND DATA OF f2ECORD, (EXH181T "A"j AND EXH1B)T'6".
19708Qw~t-RELINQUISH-EASE.doc
Exhibit A Page 6
BY THE $IGNING OF THIS DOCUMEtdT BY AN AUTHORIZED REPRESEPYTATIVE, (UTlll'tl~
HEREBY REIINQUi3HES THEtR lNTEREST IN THE ABOVE DESCRIBED EA3EMENT AND
A(3REES TO THE VACATION.OF SAID EASEMENT BY THE ADA COUNTY HIOHWAY
DISTRFCT. STANCEY CONSUITANT3 WILL R~CORD THtS DOCUMENT AND BEMD A COPY
TO THE SIGNER.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STATE OF lQAHO j
)~
COUNTY OF ADA )
QN THtS ~_ DAY OF ~~~'J,~IIA~~ 20~ BEFORE ME, 7FfE
UNDERSIGNED, A N~ QT,A~Y P 1C IN AND ~OR SAib STATE, PERSONALLY
APP~ARED'_Z~3Kp/r1~ L~"7^01~I5~' . KNOWN OR IDENTIFIED TO
ME TO AUTHOftIZED REPRESENTATNE FOR {UTILITY} AND THE PERSON THAT
EXECUTED TFfE WtTHM INSTRUMENT iN SJUD COMPMtY'S NAME, AND WHO
ACKNOWLEDC3ED TO ME THAt SUCH COM!'/WY EXECUTED THE SAME.
tN WITNESS WHEREOF, i HAVE HEREUNTO SET MY HAND ANO AFFIXED MY
OFFICIAI 3fAL THE DAY AND YEAR F~J~J~yV~R ~~q~1~
~Ee/l
NOTARY PUBI.1 O~
RESIDIN(3 AT: ~
~~~~~ COMMISSION PIRES:
19708Qwest-RELINQUISH-EASE.doc
Exhibit A Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
AQII COINIf If ltECdtDER J. OINIIG iiAYAl1A0 AM~NIT 16.AA !
1(~ IQAi10 0~!'14i~1 6~81 AM
~ ~ NIIINNIIINII~NI~I~II~~
~~. ~~~~~
/1GREEMENT TO YACATE RI(3HT OF WAY
ir~termau~tain t3as Company
Opetation: De~artment
Bryce O~stler
P.t?. @ox 7808
Boise, ldaho 83707
PEBRUARY 5, 20Q8
DE4R S{f2S:
STFWLEY CONSULTANTS IS CURRENTLY PLA7TINt3 SUNDL4L SUBDMSION FOR
GEfuiSTAR PR~'ERTIES LLC. AS PART OF THE PLATfIN(3 REQUIREMENTS THE CITY OF
MERIDVW IS REQUIRING THE VACATtON QF A PORTION OF THE EXI3TING RIGHT OF
WAY 4F W. WHITEFAW ORNE AS CREAYED BY THE PLAT OF TURTLE CREEK
SUBDNISION NO. 2, RECORDED !N BC10lC 81 OF PtATS AT PAGE 8754. SAlD RiGHT OF
WAY 1S LOCATED IN THE NE'/. OF SECTION 2, TOWNSHIP 3 NORTH, RAN(iE 1 WEST,
B.M., CITY OF MERIO[AN, ADA COUNTY, iDAHO. THIS RiGHT OF WAY MAY CONTAtN
EXISTING FACILITtE3 FOR PUBLIC UTIlIT1ES, DRAINAGE AND PRESSURE IRRICaAT10N. IN
ORDER TO VACATE A PORTION OF PUBLtG RIGHT OF WAY, IDAHO STATE CODE
REQUIRES T'F#AT ANY ENTITIES WHICH MAY HAVE FACILITIES LOCATED IN SRID RIGHT
OF WAY ARE N07tF1ED IN WRTTINt3 AND THAT YOU RELINQUISIT YOUR INTERE3T IN
TNtS RtGHT OF WAY M!Q AGREE TO TtiE VACATION C1F SAlD RlC3tfT OF WAY BY THE
RESPONSIBLE GOVERNMENT AGENCY (AbA GOtlNTY HIGNWAY DISTRICT}. PLEASE
REVlEW THE FOLLOWtNC ANO IF ff tS ACCEPTABIE StGN rFitS DOCUMEiVT AND HAVE
7FtE 3iQNATlJRE NOtARiZfD AND RETURN THE ORIGINAI iN THE PROVIDED
ENVELdRE. IF IXIS7ING UTILITIES ARE LOCATED WRHIN THE UMtTS QF SAlD RIGHT OF
WAY OR 1F YQU HAVE Ql1ESt10NS OF2 COMMENTS CONCERNING THIS DOCUMENT
PLEASE CONTACT MtCHAEI MARKS AT STANLEY CONSULTAN'f3, PHONE NUMBER 208-
855-56Dd. THANK YOU FOR YqUR A3SISTANCE !N THIS MATTER.
RKiHT OF WAY TO BE VAGATED:
"iW0 PARCEIS OF EXISTING PUBUC RIC3NT OF WAY OF W. WHITELAW DRIVE AS
CREATFD BY THE PLAT OF TURTLE CREEK SUBDNIStON NO. 2, RECORDED IN BOOK 81
OF PtATS AT PA6E 8754, LOCATED IN THE SW 1/ 4 OF THE NE 1I 4 QF SECTION 2,
70WNSHIP 3 NQRTH, RlWGE 1 WEST, BOISE MERlOIAN, MERlDlAN, ADA COUNTY,
IDAHO, BEiNG MARE PARTICULARLY bESCRiBED AS FOLLOWS:
VACATION PARCEL N0.1
COMMENCING AT THE MQR7M 1f 4 CORNER OF SECTION 2, T.3N., R.1W., B.M., THENCE S
15°12'54" E 2084.90 FEET TO THE WESTERN MpST CORNER OF LQT 1, BLOCK 17 OF
TUf2TLE CREEK SUBDfViStQN NO. Z;
r~oa~c c~-~LnvQvzsx-~sE.a~
Eachibit A Page g
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
THENCE N 39°16"15" W 30.16 fiEET ALONG THE EXlSTING RlC~klT-0F-WAY OF W EST
WHITELAW DRNE TO THE REAL POINT OF BE(31NNiNf3 OF THIS DESCRIPTION;
THEfVCE N 39°15'13" W 86.74 FEET fU.O1VG THE PROPOSEQ RfGH7-OF-WAY OF WEST
WHITELAW DRNE TO A POINT ON A CURVE;
TNENCE 72.42 FEEf ALONG THE EXISTING EAST Rtt3HT-0F-WAY OF WEST WNITEi.AW
DRIVE ON A CURVE TO TFlE RtGHT, SAID CURVE HAVlNG A RAUIUS OF 52.15 FEET, A
DELTA ANGIE 79°32'S4' A TANGEN7' OF A3.42 FEET AND A CHORD BEARINC3 S 39°i 5"15"
E 86.74 F~ET TO THE REAL PQfNT OF BE~iINNIN(i OF THIS DESCRIP710N, CONTAINING
551 SQUARE FEET MORE OR LESS.
VACATION PARCEL N0.2
COMMENCtNG AT TkE NORTH 1/4 CORNER QP SECTION 2, T.3N., R:tW., B.M., THENCE S
09°55'47' E 20~1.50 FEET TO TliE SOUTHEAST CORNER OF LOT 1, BLOCK 18 OF TURTLE
CREEK SUBDfVISION NO. 2;
AlONG 7HE EXI5TING RIGHT-OF-WAY OF WEST WF#1TELAW DFtiVE THE FOLLOWING:
THENCE N 50°44'45" E 74.27 FEET TO A pOINT OP CURVATURE, THE REAL POMIT OF
BEQlMNMKi OF THIS Q~SCRlPTit?N;
THENCE 16.91 FEET ALONC3 A CURVE TO THE LEFT, 5A10 CURVE HAVING A RADIUS OF
20.OQ FEET, A DELTA At~iGIE OF 48°25'54' A TANGENT OF 8.99 FEET AND A CHORD
BEARING N 26°31'32" E! 6.4'! FEET TO A PO1N7" OF REVERSE CURVATURE;
THENCE 36.88 FEET ALONG A CURVE TO THE RICHT, SAfD CURVE HAVING A RADIUS OF
52.16 fiEET, R DELTA ANGLE OF 40°30'33" A TANC,ENT QF 18.25 FEET AND A CHORD
BEARINCi N 19°32'15' E 36.11 PEET TO A POINT ON A CURVE;
LEAVING THE EXISTINO RIGHT-0F-WAY OF WEST WHITELAW DRNE AND
ALQML3 TNE PROPOSED RIC~NT-0F-WAY OF WE3T WHITELAW DRIVE THE FOLLOWING:
THENCE S 39°15'15" E 5.44 FEET TO A POINT;
THENCE 8 05°44'45" W 28.28 FEET TO A POINT;
TWEFICE S 50°44'45" W 25.85 F'EET TO TNE REAL POtNT dF BE~31NNtNQ OF TNIS
DESCRlPTlON, CONTAINlAlG 40$ 5Q. FT. MORE OR LESS.
SEE ATTACHED COPY OF THE REC4RDED PLAT pF TURTLE CREEK SUBDIVtS10N NO. 2
FOR REFER~NGE AMD DATA OF RECORD, (EXHIBIT A7 AND EXHIBIT "B'.
19'708Tnt Gas-REL1NQUISH-EASE.doc
E~chibit A Page 9
BY THE SIGNiNG OF THIS DOCUMENT BY AN AUTHORIZED REPR~SENTATNE, (UTILtT'~
HEREE3Y RELiNQUtSHES THEfR INTEREST IN THE A80VE DESCRIBED EASEMENT AND
AGREES TO THE VACATION OF SAID EASEMENT BY THE ADA COUNTY HIC3FMfAY
DIS7RICT. STANLEY CONSUITANTS WILL RECORD THIS DOCUMENT AND SEND A COPY
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STATE OF fDAHO )
} SS
COUNTY OF AOA )
ON THIS _~____ DAY OF ~~~0 20~, BEFORE ME, TH~
UIJDERSIGNEA, A NOTARY PllBLIG IN AND FiDR SAlD STATE, PERSdNALLY
APPEARED Re~~,~_ ~\\,ss KNOWN OR IDEM"IFIEb TO
ME TO AUTHOR~pRESE ATIVE FOR (UTILITI~ AND THE PER~N THA7
EXECU7ED THE VYITHIN lNSTRUMENT IN SAID COMPANY'S NAME, AMD WHO
ACKhtOWIE`DGED TO ME TH,4T SUCH COMPANY EXECUTED THE SAME.
IN Wt'fNESS WHEREOF, 1 HAVE HEREUNTO SEf MY WWD AND AFFiXED MY
OFFICWi. SEAL TWE DAY APID YEAR FIST ABOVE WRITT N.
~! ~,,~~_
NOTARY PUBLIC FOR ID
~~u~•• RE31DiNG AT: Kw~. T bA~O
~S~~I,LE ~~~C` COMMtSSION EXPtRES: Z•2~ •2oa1
'~ NUTqR ~~a s
s ~.,. y ? ~ _
v'A ~~BL1C ~ • .
r~. ..,...~„
.,.aF is~~*`_
~ .
19708Int Gas-RELINQUISH-FASE,doc
E~chibit A Page 1 ~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
AQA i~t' II~ORDEII ,I. GIH~ tNY111~10 AMOW(t 16.0/ !
~ 184~il1 Oi:~l AM
~ :R ~ NIitN~~IINII~YI~I1NiN~
1~17061
AGREEMENT TO VACATE RIGHT OF WAY
Ssttiers irrlgatfon
Nathan Draper
4910 N. Garden
Boise, idaho 83T06
FEBRUARY 5, 2Q08
DEAR SIR5:
3TAWLEY CONSULTANTS 1S CURREN'T'LY PLATTING SUNDIAL SUBDIVISION ~OR
GEMSTAR PROPERTIES LLC. AS PART QF THE PLATTIN{3 REQUlREMENT3 THE GITY OF
MERiDIAN IS REQU~RING 7HE VACATION Of' A PORTION OF THE EXISTING RIGHT OF
WAY OF W. WHITEIAW Df21VE AS CREATED BY TiiE Pi.AT OF TURTIE CREEK
SUBDIVISIQN NO. 2, RECORDED tN BOOK 81 OF PU1TS AT PAGE $754. SAID RKiHT OF
WAY IS LOCAIEU i1J THE NE'/. OF SECTIOM 2, TOWNSHIP 3 NORTH, RANC3E 1 WEST,
B.M., CITY OF MERIDIAN, ADA COUNTY, lDAHO. THIS RIGHT OF WAY MAY CONTAIN
EXISTING FACtLR'IES FOR PUBUC UTIUTEES, DRAlNAC3E AND PRES3UF~ IRRIC3ATION. IN
ORDER TO VACATE A PORTION OF PUBLIC RIGHT OF WRY, IDfUiO STATE CODE
REQUIRES THAT ANY EN7fTlf3 WHlCH MAY HAVE FACILITIE3 LOCATED IN SA{D RIdHT
OF WAY ARE NOTIFlED !N WRITINQ AND TNAT YOU RELlNQUI3N YOUR IMTEREST IN
THIS RK3HT OF WAY AND AGREE TO TFiE VACATION OF SAID RICiHT OF WAY BY THE
RESPONSIBtE GOVERNMENT AGENCY (ADA COUNTY HfC3MAfAY DISTRIC'n. PtEASE
REVIEW THE FOL.~OWINCi ANb IF IT IS ACCEPTABLE SIGN TMIS DOCUMENT AND HAVE
TNE S(f3NATURE NOTA~RIZEU AND RETURN 7HE ORICiiNAt iN THE PROVtDED
ENVELOPE. IF EXISTING UTiLIT1ES ARE LOCATED WITHIN THE UMI'i'3 OF SAID RlraHT OF
WAY OR IF YOU HAVE QU~STIONS OR COMMHNTS CONCERNING THIS DOCUMENT
PLEASE CONTACT MtCHAEL MARKS AT STANLEY CONSUITANTS, PiiONE NUMBER 206-
855-5800. 'fHANK YOU FOR YOUR ASSISTANCE IN THIS MATTER.
RHiHT OF 1NAY TO BE VACATEQ:
1W0 PARCEL3 OF EXISTING PUBIIC RIGHT OF WAY OF W. WHITELAW DRIVE AS
CREATED BY THE PLAT OF TURTLE CREEK SUBDMSION NO. 2, RECORDED tN BOOK 81
OF PLATS AT PAGE 8754, LOCpTED IN THE SW 114 OF TH~ NE 1/ 4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIOIAN, MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARIY DESCRtBED AS FOLLOWS:
VACAi'IQN PARCEL N0.1
CONlMENCING AT THE NORTH 1/ 4 CORNER OF SECTION 2, T.3N., R.1 W., B.M., THENCE S
16`12`54' E 2084.90 FEEi' TO THE WESTERN MOST CORNER OF LOT 1, BLOCK 1~ OF
TURTLE CREEK SU6DIVISION NO. 2;
THENCE N 39°15'15" W 3p.76 FEET ALONG THE EXlSTING RIGHT-OF-WAY OF WEST
WFftTEtAW DRNE TO THE REAL POtNT OF 8EOINNING O~ THfS DESCRfF'TlON;
197U8Sextlers Irrig-RELINQUISH-EASE.doc
Exhibit A Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
TFtENGE N 39°15'15" W 68.74 FEET AI.ONG THE PROPOSED RIGHT-OF-WAY OF WEST
WFiCTElAW EtRN~ TO A POINT ON A CURVE;
THENCE 72.42 FEET AlOMC~ THE FJClST1NG EAST R!(3HT-OF-WAY OF WEST WHlTELAW
DRIVE QN A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIU3 OF 52.16 FEET, A
DElTA ANGLE 79°32'54' A TANGENT OF 43.42 FEET AND A CNORD BEARIMG S 39°18'f 5"
E 66.74 FEET TO THE REAL POINT OF BE(i1NNiN(i OF THI3 DESCRIPTION, CON7AfNING
65i SQUARE FEET MORE OR LESS.
VACATION P~tRCEL N0.2
COMMENCIPtG AT THE NOf2tH f/4 CORl~ER OF SECTIQN 2, T.3N., tt.tW., B.M., THENCE S
09°55'4P E 2081.50 FEET TO tHE SOUTHEAST CORNER OF LOT 1, BLOCK 16 OP Tt1RTLE
CREEK SUBDtV1310N NO. 2;
ALO~VG 7tiE EXtSTt~iG RIGHT-0F WAY OF WEST WHITELAW DRNE THE FOLLOWtNG:
THENCE iV 50°44'45' E 74.2~ FEET TO A POtNT OF Ct/f2VA'NRE, THE t2EAL POIMT OF
BE(~INNINCR OP THIS DESCRIPTiON;
THENCE 16.91 FEET ALONC3 A CURVE TO TNE LEFT, SAID CURVE HAVING A RADIUS OF
2Q.00 FEET, A DEtTA ANGLE OF 48°25'S4' A TANGENT OF 8.99 FEET ANO A CHQRD
BEAR1lJG N 28°31'32' E 16.41 FEET TO A P+DINT OF REV~RSE CURVATURE;
THENCE 36.88 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE NAYING A RADIUS OF
52.t6 FEET, A DELTA ANGLE OF 40°30'33' A TANGENT OF 19.25 FEET AND A CHORD
BEARtNG IJ 19`32'15` E 36.11 FEET TO A POINT ON A CURVE;
IEAVING THE EXJSTING RIGHT-OF-WAY QF WEST WHITEIAW DRIVE AND
ALONC3 THE PROPOS~D RIGHT-dF-WAY OF WEST WHfTELAW DRNE THE FOLI.OW{NG:
THENCE S 39°15'15" E 5.44 FEET TO A POINT;
THENCE S 05°d4 45' W 28.28 FEET TO A POINT;
THENCE S 50°44'45" W 25.85 FEET TO THE REAL POINT OF BEGINNtNt3 OF THiS
DESCRIPTION, CONTqiNi1VC~ 408 SQ. FT. MORE OR I.ESS.
S£E ATTACHEp COPY OF THE RECORDED PLAT OF TURTLE CREEK SUBONISION NO. 2
FOR RE~ERENCE AMD DATA Ofi RECORD, (IXHIBIT 'A") AND EXH181T "B'.
19708Scttlers I~rig-RELINQUISH-EASE.doc
Exhibit A Page I Z
BY THE SIt3NING OF THiS DOCUMENT BY AN AUTHORtZED REPRESENTATNE, (UTIl1T1()
HEf2EBY RELINQUISH~S THEIR INTERES7IN THE ABOVE DESCRIBED EASEMENT AND
AGREES TO THE VACATION dF SAID EASEMENT BY THE ADA COUMtY HIGHWAY
DISTRICT. STANLEY CONSUITANTS W1LL RECORD THIS DOCUMENT AND SEND A COPY
TO 7HE SIGNER.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STATE OF IDANO }
)~
COUNN OF ADA )
ON THIS _~ DAY OF .7~R~.iu . 20~, BEFORE ME. THE
UNDERSIGNED, A NOTARY PUBI.IC IN ND FOR SAID STATE, PERSONALLY
APPEARED ~rw..,~~;~u.. . KNOWN OR lDENTIFIEO TO
ME TO AUTHORIZED REPRESENTATIVE FOR (UTILITY) AND THE PERSON THAT
EXECUTED THE 1MITHIN iN3TRUMENT IN SAID COMPANY'S NAME, AND WHO
ACKNOWIEDGED TO ME THAT SUCH COMPANY EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY
QFFICWI SEAL THE DAY ANO YEAR FlST ABQVE WRITTEN.
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NOTAF2Y PUBLIC FOR IQA`LBEU.fIU±
RESIDINQ AT:_~,,_
COMMI3SIC?N EXPIRES: S ~ 13
19708Sett1ers Ircig-RELINQUISH-EASE.doc
Exhibit A Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
ADA i~iNl~l' REC~1~1 ~. QAII~ IMitAl~ AMbIMR 15.l9 Q
I~E ~1IN01~Of 01:~1 AN
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~ ~, ! 0~88! 78N52
A(#REEMENT TO VAGATE RIt3HT OF WAY
CaWe One
6earge Young or Tom Wagnar
8400 Westpark Drive
Boise, idaMo 83704
FEBRUARY 5, 2~18
DEAR StRS:
STANLEY GQNSUITANTS IS CURRENTLY PLATT~NG SUNDIAf. SUBDNISION FOR
GEMSTAR PROPERTIES U.C. AS PART OF THE PLATTINti REQUiREMENTS THE CITY OF
ME1~IDIAN IS REt'~UIRINO THE VACATION OF A POR'fION OF THE EXISTIN(i RI(iHT OF
WAY OF W. WH{TEIAW DRIYE AS CREATED BY THE PLAT OF TURTLE CREEK
SUBDMStOIY t~tQ. 2, RECOt~{3E0 tN BOOK 81 OF PlAT8 AT PA(3E 8754. SAiD RIGHi' OF
WAY IS LOCATED 1N TME NE'/.OF SECTION 2, TOWN3HIP 3 NORTH, RANtiE 1 WE3T,
B.M., CITY OF MEWDIAN, ADA COUNTY, IDAFIO. THIS RIGHT qP WAY MAY CONTAIN
EXt3TtNG FACiLtTIES FOR PUBLtC UTILITIES, DRAtNAGE AND PRE35URE IRRiGATION. tN
ORDER TO VACATE A PORTION OF PUBLIC RIGHT OF WAY, IDAHO STA7E CODE
REQUtRES THAT ANY ENTiTlES WHiCH MAY HAVE FAGILITIES LOCATED IN 3A10 RI(3HT
OF WAY ARE NOTtFIEO iN WRfTINCi AND THAT YOU RELiNQUiSIT YOUR INTEREST IN
THIS R1Gti'!` OF WAY AND AGREE TO THE YACATION OF SJUD RI~HT GF WAY BY THE
RESPONSIBIE GdVERNMENT AGENCY {AbA COUNTY HIGHWAY 013TRICT), PLEASE
REVIEW THE FOtIO~fVINti HIYO tF IT IS ACGEPTABLE SIGN THIS DOCUMEN'f AND NAYE
THE SIGNATURE NOTARIZED AND RETURN THE ORI(31NAL IN THE Pf20VIDED
ENVELUPE. IF EXISTINf3 UTILITtES ARE IOCATED WtTHIN THE LIMITS OF SAID RIGHT OF
WAY OR IF YOU HAVE QUESTtONS OR COM~AEPITS CONCERNtNG tHIS DOCUMEN'f
PLEASE CQNTACT MICHAEL MA'RKS AT STIWLEY CONSULTANT3, PHONE NUMBER 208-
855-5600.'THANK YOU FQR YOUR AS5iSTANCE IN THIS MATTER.
RIt3HT OF WAY TO SE VACATED:
TWd PARCELS QF IXt3TiNC3 PUBLtC RtGHT OF WAY OF W. WHITELAW DRNE AS
CREATEb BY THE PIAT 4F TURTt.E CREEK SUBDMSlON NO. 2, RECORDED IN BOOIC 81
OF PLATS AT PAGE 8754, IOCATED iN TH~ SW 1! 4 OF THE NE 1/ 4 OF SECTIONI2,
i'OWidSNlP 3 NORTH, RAMGE 1 WEST, 801SE MERIDNW. MERfD1AM, AQA COUNTY,
IDAHO, BEING MORE PAR7iCULARi.Y DESCRlBED AS FOLLOWS:
VACATION PARCEi. N0.1
COMMENCING AT THE NORI`M 1/4 CORNER OF SECTION 2, T,31d., R,1W., B.M., THENCE S
15°12'S4" E 2084:90 FEET TO TIiE WESTERN MOST CORNEft ~F LOT 1, BLOCK 17 OF
TURTLE CREEK SUBOlVlSlON NO. 2;
THENCE N 38°i5'15" W 30.16 FEET ALQNG THE EX4STING RfGHT-OF-WAY OF WEST
WNt7'ELAW DRIVE TO THE REAL POINT OF BEl3lNNINO OF THlS DESCRIPTION;
19?QSCabla Qno-RELINQIJLSH-EASB.doc
E~chibit A Page 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
'MENGE M 39°t5'1S W 66.74 FEET ALQNG THE PROPOSED RIGNT-0F-WAY OF WEST
WHITELAW DRNE 70 A POiNT ON A CURtfE;
THENCE 72.42 FEET ALONC THE EXiSTING EAST RIGHT-OF-WAY OF WEST WHITELAW
DRNE C3N A GURVE TO THE RIG1iT, SA1D CURVE HAVtNG A RADIUS OF 52.18 FEET, A
DELTA ANGLE 79°32'S4" A 7ANGENT OF 43.42 FEET AiVD A CHORD BEARING S 39°15'15"
E~.74 FEET TO THE REAL POINT OF BECi1NNM1(3 OF THIS DESCRtPT10N, CONTAtNING
551 SQUARE FEET MORE QR LESS.
VAGA'f10N PARCEL N0.2
COMMENCING AT THE NORTH 1/ 4 CORNER OF SECT{ON 2, T.3N., R.1 W., B.M., THENCE S
09°5547" E 2081.50 FEET TO THE SOUTHEAST CORNER OF LaT 1, BLOCK 16 OF TURTLE
CREEK SUBDIVISION NO. 2:
ALUNG THE EXISTING RIGHT-0F-WAY OF WEST WHITELAW DRNE THE FOLL04YING:
THENCE N 50°44'45` E ~4.27 FEET TO A PQINT OF CURVATURE, TFfE REAL POINT OF
BEti1NNlNti OF THIS QESCRlPTION;
TNENCE t6.91 FEET ALONG A CURVE TO TME LEFf, SAID CURVE HAVING A RADlUS QF
Z0.00 FEET, A ~ELTA ANGLE OF 48°25'54' A TANGENT OF 8.99 FEET AND A CHORD
BEARtNG N 28°31'32" E 18.41 FEET TO A POINT OF REVERSE CURVATURE;
THENCE 36.86 FEEI' ALONC3 A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIU3 OF
52.16 FEET, A DELTA ANGLE OF 40°30'33" A TANGENT OF 18.25 FEET AND A CHORD
BEARINC3 N 19°32'15' E 36.11 FEET TO A POtNT ON A CURVE;
LEAVING THE DCISTING RIGHT-0F-WAY OF WEST WHREIAW DRNE AND
ALONG THE PROPOSED RIGHT-0F-WAY OF WEST WHITELAW DRIVE tHE FOLLOWINC3:
THEWGE S 39°15'1S E 5.44 FEET TO A POINT;
THENCE S 05°4A'45' W 28.28 FEET TO A POINT;
THENCE S 50°44'45" W 25.85 FEET TO 7HE REAL POINT ~ BEC3INNIN(i OF THIS
DESCRIPI'ION, CONTAINING 406 SQ. FT. MORE OR LESS.
SEE ATTACHED COPY OF THE RECORDED PLAT OF TURTLE CREEK SUBDNISION NO. 2
F(7R REFERENCE 1WD DAtA OF RECORD, (EXHIBIT'A ) AND EXHIBIT'B".
BY THE SIGNING OF THiS DOCUMENT BY AN AUTHORIZED REPRESENTATtVE, (UTILITY)
HEREBY REUNQUISHES THEIR INTEREST IN THE ABOI/E DESCRIBED EASEMENT AND
AGREES TO THE VACATION OF SAID EASEMENT BY THE ADA COUAITY HIGHWAY
DISTRtCT. STANLEY CONSULTANTS WILt REC ~jM_ENT AND SEND A COPY
TO THE SIGNER. ~ ._.-- ~'""`r~_~ '1
OZ////6$
1970&Cabie Une-RELINQiJISH-F.A.SE.doc
E~ibit A Page I S
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STATE OF iDAHO )
)~
COUNTY OF ADA )
ON THIS ~ DAY OF FG~-r*~'~l 20 ~~, BEFORE ME, THE
UNDERSlGNED, A NOTARY~ pUBLIC iN AND FOR SAID STATE, PER30NALLY
APPEARED 1PTsvG l~r 1ll n+a s , KNOWN OR IpENTIFIED TO
ME TO AUTHORIZED REPRESENTATNE FOR (UTII.ITY} AND THE PERSON THAT
EXECUTED THE WRH1N INSTRUMENT !N SAID COMPANY'S NAME, AND WHO
ACKNOWIEDGEO TO ME TH14T SUCH COMPANY EXECUTED THE SAJNE.
IN WITNESS WNEREOF, I HAVE WER6UNT0 SET Mb HANO ANO AFFIXED MY
OFFICIRI. SEAL. THE DAY AND YEAR FIST ABOVE WRITTEN.
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~A~ OTARY PUBLIC FOR IDA~10
RE3IDING AT; /NCr~ ~<<p'~'~
COMMISSION EXPIRES-~a~~7~
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'~' OF ~ ~"~
19708Cable OnaRELINQLTISH-EASE.doc
E~-ibit A Page 16