HomeMy WebLinkAboutPresidential Sub VAC 03-001Interoffice
MEMORANDUM
To: William G. Berg, Jr. ~,E CEIVEI)
From: Wm. F. Nichols
MAY 2 9 2003
Subject: Presidential Subdivision /VAC-03-001 City Of Meridian
City Clerk Office
Date: May 28, 2003
Will:
Please find attached the original of the FIlVDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF VACATION, to vacate the existing easements on
the recorded plat for sewer and water facilities with recorded separate instrument in the proposed
Presidential Subdivision. These Findings will need to be placed upon an upcoming Council
agenda for their approval.
If Council approves the Findings, then please send conformed copies to the Ada
County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and
any affected persons who placed a request.
If you have any questions please advise.
Z:\WorkVbl\[vleridian\Meridian 15360M\Presiden4al Sub VAC 03 001\Clerk VAC Gr OS 28 03.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/20/03
IN THE MATTER OF THE REQUEST FOR
VACATION OF EXISTING EASEMENTS ON
THE RECORDED PLAT FOR SEWER AND
WATER FACILITIES TO BE REPLACED
WITH EASEMENTS RECORDED BY
SEPARATE INSTRUMENT FOR
PRESIDENTIAL SUBDIVISION, LOCATED
AT THE NORTHEAST CORNER OF NORTH
EAGLE ROAD AND EAST PINE AVENUE,
MERIDIAN, IDAHO
QUADRANT CONSULTING, INC.
APPLICANT.
CASE NO. VAC-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF EXISTING EASEMENTS
This matter coming on regulazly before the City Council at its regular meeting on the 20th
day of May, 2003, at the hour of 7:00 p.m., and Brad Watson, City Engineer, and Andy Simons,
appeared and testified at the hearing, and the Council having received the record from the
Planning and Zoning Cormnission and its recommendations to the City Council, and no objection
having been received makes the following Findings of Fact and Decision and Order.
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 1 OF 16
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {LC. § 50-1325}.
2. The vacation of easements were accepted as part of a platted subdivision shall be
vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. § 40-
203 (6)}.
Any person, firm, association, 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 council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, 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. {LC. § 50-1306A (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
Findings of Fact and Conclusions of Law and Order
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PAGE 2 OF 16
12-10-1 APPLICATION PROCEDURE:
1. 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.
2. 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 which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2 COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
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 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 aquit-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 fiunished 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
Quadrant Consulting, Inc., on behalf of Rocky Mountain Management LLC, filed
a petition for the vacation of existing easements recorded on the plat for sewer and
water facilities to be replaced with easements recorded by separate instrument in
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 3 OF 16
the proposed Presidential Subdivision, as dedicated in the Corporation Warranty
Deed from Gemtone, Inc., a corporation duly organized and existing under the
laws of the State of Idaho, to Hermes Associates, Ltd., a Utah limited partnership,
recorded May 19, 1998, as Instnxrnent No. 98048195. Additionally, Hermes
Associates, Ltd., as owner of the subject property, provided their consent to Rocky
Mountain Management LLC's submission of the Vacation Application; the lot
line adjustment, (pursuant to the Lot Line Adjustment Survey to the City of
Meridian); and providing that the granting of any approvals shall not be effective
until such time as the subject property is transferred to Rocky Mountain
Management LLC, and which was executed on April 16, 2003. Copies of all
pertinent information in this vacation application are on file in the City Clerk's
office located at 33 E. Idaho Street, Meridian, Idaho.
2. The legal descriptions of the existing sewer and water main easements, which are
the subject of this petition, are:
Presidential Subdivision
City of Meridian Sewer Main Easement No. 1
A 20.00 foot wide easement for the maintenance and operation of an underground
sanitary sewer main across a portion of Lot 1, Block 1, Presidential Subdivision,
Book 84 of Plats at Page 9401 and 9402, Instrument No. 102105784, Ada County
Records, situated in the Southwest''/4 of the Northwest''/4 of Section 9, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at the Northwest corner of said Section 9; thence along the west line
of said Section 9, South O1°08'42" West 2649.45 feet to the West''/4 comer of
said Section 9; thence leaving said west line along the east-west center Section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 460.62 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving said north right-of--way
North Ol°08'42" East 74.75 feet; thence
North 88°51' 18" West 20.20 feet to the east line of Lot 4, Block 1 of said
Presidential Subdivision; thence along said east line
North Ol°08'42" East 20.00 feet; thence leaving said east line
Findings of Fact and Conclusions of Law and Order
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South 88°51' 18" East 20.20 feet; thence
North Ol°08'42" East 135.02 feet; thence
North 88°51' 18" West 195.20 feet to the east line of Lot 3, Block 1 of said
Presidential Subdivision; thence along said east line
North Ol°08'42" East 20.00 feet; thence leaving said east line
South 88°51' 18" East 195.20 feet; thence
North Ol°08'42" East 244.98 feet; thence
South 88°51' 18" East 20.00 feet; thence
South O1°08'42" West 494.58 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 1
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across a portion of Lot 4, Block 1, Presidential Subdivision,
Book 84 of Plats at Pages 9401 and 9402, Instrument No. 102105784, Ada
County Records, situated in the Southwest''/4 of the Northwest'/4 of Section 9,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said
easement being more particularly described as follows:
Commencing at the Northwest corner of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West'/< corner of
said Section 9; thence leaving said west line along the east-west center section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 107.29 feet; thence leaving said centerline North 00°39'18" East
50.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving saidright-of--way
North 00°39' 18" East 25.00 feet; thence
South 89°20'42" East 20.00 feet; thence
Findings of Fact and Conclusions of Law and Order
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South 00°39'18" West 25.00 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Sewer Main Easement No. 2
A 20.00 foot wide easement for the maintenance and operation of an underground
sanitary sewer main across a portion of Lot 1, Block 1, Presidential Subdivision,
Book 84 of Plats at Page 9401 and 9402, Instrument No. 102105784, Ada County
Records, situated in the Southwest '/< of the Northwest '/< of Section 9, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at the Northwest corner of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 1855.21 feet; thence leaving said west
line along the extension of the northern boundary line of said Presidential
Subdivision South 88°51'50" East 327.90 feet to the POINT OF BEGINNING;
thence continuing along said northern boundary line
South 88°51'50" East 20.00 feet; thence leaving said northern boundary line
South 00°41'35" West 137.18 feet; thence
North 89°18'25" West 80.57 feet to the east line of Lot 1, Block 1 of said
Presidential Subdivision; thence along said east line
North Ol°08'42" East 20.00 feet; thence leaving said east line
South 89°18'25" East 60.41 feet; thence
North 00°41'35" East 117.34 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 2
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across portions of hots 1 through 4, Block 1, Presidential
Subdivision, Book 84 of Plats at Pages 9401 and 9402, Instrument No.
102105784, Ada County Records, situated in the Southwest '/a of the Northwest '/a
of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, said easement being more particularly described as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 6 OF 16
Commencing at the Northwest comer of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West '/a comer of
said Section 9; thence leaving said west line along the east-west center Section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 410.49 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving saidright-of--way
North 00°39' 18" East 35.00 feet; thence
South 89°20'42" East 20.22 feet; thence
North Ol°08'42" East 125.00 feet; thence
North 89°20'42" West 152.39 feet; thence
North Ol°08'42" East 132.87 feet; thence
North 89°20'42" West 22.61 feet; thence
North Ol°08'42" East 20.00 feet; thence
South 89°20'42" East 22.61 feet; thence
North O1°08'42" East 175.76 feet to the south line of said Lot 1, Block 1; thence
along said south line
North 88°51'50" West 37.50 feet; thence leaving said south line
North O 1 °08' 10" East 20.00 feet; thence
South 88°51'50" East 37.50 feet; thence
North Ol°08'42" East 215.44 feet; thence
North 88°51'50" West 43.28 feet; thence
North O1 °08' 10" East 20.00 feet to the north boundary line of said Presidential
Subdivision; thence along said north line
South 88°51'50" East 63.28 feet; thence leaving said north line
South Ol°08'42" West 563.90 feet; thence
South 89°20'42" East 152.39 feet; thence
South Ol°08'42" West 165.00 feet; thence
North 89°20'42" West 20.05 feet; thence
South 00°39' 18" West 15.00 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 3
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across a portion of Lot 2, Block 1, Presidential Subdivision,
Book 84 of Plats at Pages 9401 and 9402, Instrument No. 102105784, Ada
County Records, situated in the Southwest''/4 of the Northwest''/a of Section 9,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said
Findings of Fact and Conclusions of Law and Order
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PAGE 7 OF 16
easement being more particularly described as follows:
Commencing at the Northwest comer of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West''/4 corner of
said Section 9; thence leaving said west line along the east-west center Section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 710.83 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving said north right-of--way
North Ol°08'13" East 638.66 feet; thence
North 55°06'47" West 158.67 feet; thence
North Ol °08' 13" East 13.30 feet to the northerly boundary of said Presidential
Subdivision; thence along said northerly boundary
Along a curve to the right 18.64 feet, said curve having a radius of 245.57 feet, a
delta angle of 4°20'53", and a chord bearing and distance of South 83°46'49" East
18.63 feet; thence leaving said northeasterly boundary line
South 55°06'47" East 160.40 feet; thence
South Ol°08'13" West 649.18 feet to the POINT OF BEGINNING.
3. The particular circumstances of the requested vacation is:
Easements were created when the plat was recorded and are for domestic water
and sewer mains only. No other public utility easements are being vacated. These
easements need to be vacated because the owner of the property may want to
relocate the water and/or sewer mains at some point in the future to meet the
needs of a potential buyer of one of the lots.
4. The applicant has obtained notarized approval of the easement vacations from
affected entities.
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
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 8 OF 16
not less than seven (7) days prior to the hearing.
7. All publication costs have been paid by the petitioner.
8. The applicant desires to change the form of the existing easements only, and
would like to change the easements which were approved and created by the City
Council to easements which aze approved and created by the city staff. In the
future, if applicant needs to relocate the water and/or sewer mains, they can
modify the affected easements with just city staff s consent and avoid a City
Council review and hearing.
9. The Nampa & Meridian Irrigation District has a waste way and pressure imgation
line around the parcel of ground. These easements must be protected.
DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
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 legal descriptions of the existing sewer and water main easements,
as depicted in the Corporation Wananty Deed of the proposed Presidential
Subdivision, are hereby vacated:
Presidential Subdivision
City of Meridian Sewer Main Easement No. 1
A 20.00 foot wide easement for the maintenance and operation of an underground
sanitary sewer main across a portion of Lot 1, Block 1, Presidential Subdivision,
Book 84 of Plats at Page 9401 and 9402, Instrument No. 102105784, Ada County
Records, situated in the Southwest '/n of the Northwest '/a of Section 9, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at the Northwest comer of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West''/4 corner of
said Section 9; thence leaving said west line along the east-west center Section
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 9 OF 16
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 460.62 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving said north right-of--way
North Ol°08'42" East 74.75 feet; thence
North 88°51' 18" West 20.20 feet to the east line of Lot 4, Block 1 of said
Presidential Subdivision; thence along said east line
North O1°08'42" East 20.00 feet; thence leaving said east line
South 88°51'18" East 20.20 feet; thence
North Ol°08'42" East 135.02 feet; thence
North 88°51' 18" West 195.20 feet to the east line of Lot 3, Block 1 of said
Presidential Subdivision; thence along said east line
North 01°08'42" East 20.00 feet; thence leaving said east line
South 88°51' 18" East 195.20 feet; thence
North Ol°08'42" East 244.98 feet; thence
South 88°51' 18" East 20.00 feet; thence
South Ol°08'42" West 494.58 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 1
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across a portion of Lot 4, Block 1, Presidential Subdivision,
Book 84 of Plats at Pages 9401 and 9402, Instrument No. 102105784, Ada
County Records, situated in the Southwest '/4 of the Northwest '/4 of Section 9,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said
easement being more particularly described as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 10 OF 16
Commencing at the Northwest corner of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West''/4 comer of
said Section 9; thence leaving said west line along the east-west center section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 107.29 feet; thence leaving said centerline North 00°39' 18" East
50.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving said right-of--way
North 00°39' 18" East 25.00 feet; thence
South 89°20'42" East 20.00 feet; thence
South 00°39' 18" West 25.00 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Sewer Main Easement No. 2
A 20.00 foot wide easement for the maintenance and operation of an underground
sanitary sewer main across a portion of Lot 1, Block 1, Presidential Subdivision,
Book 84 of Plats at Page 9401 and 9402, Instrument No. 102105784, Ada County
Records, situated in the Southwest '/a of the Northwest''/a of Section 9, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at the Northwest comer of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 1855.21 feet; thence leaving said west
line along the extension of the northern boundary line of said Presidential
Subdivision South 88°51'50" East 327.90 feet to the POINT OF BEGINNING;
thence continuing along said northern boundary line
South 88°51'50" East 20.00 feet; thence leaving said northern boundary line
South 00°41'35" West 137.18 feet; thence
North 89°18'25" West 80.57 feet to the east line of Lot 1, Block 1 of said
Presidential Subdivision; thence along said east lirie
North Ol°08'42" East 20.00 feet; thence leaving said east line
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PAGE 11 OF 16
South 89°18'25" East 60.41 feet; thence
North 00°41'35" East 117.34 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 2
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across portions of Lots 1 through 4, Block 1, Presidential
Subdivision, Book 84 of Plats at Pages 9401 and 9402, Instrument No.
102105784, Ada County Records, situated in the Southwest '/< of the Northwest %a
of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, said easement being more particularly described as follows:
Commencing at the Northwest corner of said Section 9; thence along the west line
of said Section 9, South O1°08'42" West 2649.45 feet to the West '/o comer of
said Section 9; thence leaving said west line along the east-west center Section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 410.49 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20:00 feet; thence leaving saidright-of--way
North 00°39' 18" East 35.00 feet; thence
South 89°20'42" East 20.22 feet; thence
North Ol°08'42" East 125.00 feet; thence
North 89°20'42" West 152.39 feet; thence
North O1°08'42" East 132.87 feet; thence
North 89°20'42" West 22.61 feet; thence
North Ol°08'42" East 20.00 feet; thence
South 89°20'42" East 22:61 feet; thence
North Ol°08'42" East 175.76 feet to the south line of said Lot 1, Block 1; thence
along said south line
North 88°51'50" West 37.50 feet; thence leaving said south line
North O1 °08' 10" East 20.00 feet; thence
South 88°51'50" East 37.50 feet; thence
North O1°08'42" East 215.44 feet; thence
North 88°51'50" West 43.28 feet; thence
North Ol °08' 10" East 20.00 feet to the north boundary line of said Presidential
Subdivision; thence along said north line
South 88°51'50" East 63.28 feet; thence leaving said north line
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South Ol°08'42" West 563.90 feet; thence
South 89°20'42" East 152.39 feet; thence
South O1°08'42" West 165.00 feet; thence
North 89°20'42" West 20.05 feet; thence
South 00°39' 18" West 15.00 feet to the POINT OF BEGINNING.
Presidential Subdivision
City of Meridian Water Main Easement No. 3
A 20.00 foot wide easement for the maintenance and operation of an underground
domestic water main across a portion of Lot 2, Block 1, Presidential Subdivision,
Book 84 of Plats at Pages 9401 and 9402, Instrument No. 102105784, Ada
County Records, situated in the Southwest '/4 of the Northwest '/< of Section 9,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said
easement being more particularly described as follows:
Commencing at the Northwest comer of said Section 9; thence along the west line
of said Section 9, South Ol°08'42" West 2649.45 feet to the West''/4 corner of
said Section 9; thence leaving said west line along the east-west center Section
line of said Section 9, also being the centerline of East Pine Avenue South
89°20'42" East 710.83 feet; thence leaving said centerline North 00°39' 18" East
48.00 feet to the north right-of--way line of said East Pine Avenue being the
POINT OF BEGINNING; thence along said north right-of--way
North 89°20'42" West 20.00 feet; thence leaving said north right-of--way
North Ol°08'13" East 638.66 feet; thence
North 55°06'47" West 158.67 feet; thence
North O 1 °08' 13" East 13.30 feet to the northerly boundary of said Presidential
Subdivision; thence along said northerly boundary
Along a curve to the right 18.64 feet, said curve having a radius of 245.57 feet, a
delta angle of 4°20'53", and a chord bearing and distance of South 83°46'49" East
18.63 feet; thence leaving said northeasterly boundary line
South 55°06'47" East 160.40 feet; thence
South Ol°08' 13" West 649.18 feet to the POINT OF BEGINNING.
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PAGE 13 OF 16
2. The petition for the vacation of existing easements, are hereby granted, as
recorded on the plat for sewer and water facilities to be replaced with easements
recorded by separate instrument in the proposed Presidential Subdivision, as
dedicated in the Corporation Wananty Deed from Gemtone, Inc., a corporation
duly organized and existing under the laws of the State of Idaho, to Hermes
Associates, Ltd., a Utah limited partnership, recorded May 19, 1998, as
Instrument No. 98048195. Additionally, Hermes Associates, Ltd., as owner of
the subject property, provided their consent to Rocky Mountain Management
LLC's submission of the Vacation Application; the lot line adjustment, (pursuant
to the Lot Line Adjustment Survey to the City of Meridian); and providing that
the granting of any approvals shall not be effective until such time as the subject
property is transferred to Rocky Mountain Management LLC, and which was
executed on April 16, 2003. Copies of all pertinent information in this vacation
application are on file in the City Clerk's office located at 33 E. Idaho Street,
Meridian, Idaho.
3. The Nampa & Meridian Irrigation District has a waste way and pressure irrigation
line around the parcel of ground. These easements must be protected.
4. The existing sewer and water main easement vacations shall be approved subject
to the Public Works Department's approval.
5. 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.
6. 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 maybe 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
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 14 OF 16
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the day of
.2003.
ROLL CALL
COUNCILMAN BIl2D
VOTED
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN Mc LANDLESS VOTED
COUNCILMAN NARY
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
Attest:
William G. Berg, 7r., City Clerk
Mayor Robert D. Come
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BY:
City Clerk
DATED:
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidenrial Subdivision -VAC-03-001
PAGE 15 OF 16
STATE OF IDAHO, )
County of Ada.
ss.
On this day of , 2003, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, 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:\Work\[vl\Ideridian\Meridian 15360M\Presidential Sub VAC 03 001\FtCIOrdVacSewerFasemt.doc
Findings of Fact and Conclusions of Law and Order
of Vacation for Presidential Subdivision -VAC-03-001
PAGE 16 OF 16