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HomeMy WebLinkAboutUpdated Staff ReportPage 1 of 1 Jaycee Holman From: Peter Friedman Sent: Tuesday, January 06, 2009 2:58 PM To: Tara Green; Jaycee Holman; kammieo@horrocks.com Subject: Staff Report for Gardner Alquist Easement Vacation Attachments: Gardner-Ahlquist Gateway Sub 2 easement VAC.doc Attached is the correct staff report for this application. Please transmit to Council. Thanks Pete Pete Friedman, AICP 33 E. Broadway Ave. Meridian, ID 83642 phone (208)884-5533 fax (208) 489-0576 1/6/2009 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 STAFF REPORT Hearing Date: January 6, 2009 C~~I~E IDIAN~~ TO: Mayor and City Council R~° FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: VAC-08-006 -Gardner-Ahlquist Gateway Subdivision No. 2 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Horrocks Engineers, requests approval to vacate the 10-foot wide public utility easement located along the southern boundary of Lot 7 and 8, Block 3, Gardner-Ahlquist Gateway Subdivision No. 2. The reason for the proposed vacation is to accommodate possible building expansion to house medical equipment on the south side of the buildings currently under construction on the subject lots. The applicant states there is no infrastructure located within the designated easement and additional public utilities are provided on the site via other easements designated throughout the recorded subdivision. Additional public utilities are also provided in E. St Luke's Street (private driveway) which parallels the easement proposed for vacation. The Unified Development Code 1 I-SA-1, identifies the City Council as the decision making body on vacations applied far in the City of Meridian. Idaho Code 50-1325 requires that all easements created with subdivision plats "shall be vacated in the same manner as streets" and must be approved by the local jurisdictions. State statute further requires an easement vacation be filed when a landscape or irrigation easement is involved. A legal description and exhibit map of the easement proposed to be vacated is included in Exhibit C of this staff report. The Meridian Public Works Department has reviewed the subject application and has no opposition to the proposed vacation of the subject easement. The Applicant has provided proof of relinquishment of the easements by Idaho Power Company, Intermountain Gas Company, Qwest Communications, Cable One and Nampa Meridian Irrigation District, included as Exhibit D. 2. RECOMMENDATION Staff recommends approval of VAC-08-006 to vacate the 10-foot wide public utility easement located along the southern boundary of Lot 7 and 8, Block 3, Gardner-Ahlquist Gateway Subdivision No. 2, as shown in Exhibit B. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number VAC-08- 006, as presented in the staff report for the hearing date of January 6, 2009. Denial After considering all staff, applicant and public testimony, I move to deny File Number VAC-08-006, as presented during the hearing on January 6, 2009, for the following reasons: (You should state specific reasons for denial.) Continue After considering all staff, applicant and public testimony, I move to continue the public heaiing for File Number VAC-08-006 to (insert date) for the following reason(s): (Insert reason(s).) Gardner-Ahlquist Gateway Sub 2 VAC - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HF,ARING DATE OF IANUARY 6, 2009 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Easement proposed to be vacated lies along the southern boundary of Lot 7 and 8, Block 3, Gardner-Ahlquist Gateway Subdivision No. 2 NW 1/4 of Section 16, Township 3 North, Range 1 East, B.M. b. Owner: Meridian Medical, LLC 11207 W. Wainwright Drive, Suite B Boise, ID 83712 c. Applicant: Horrocks Engineers d. Representative: Kammie Oates (Applicant) e. Present Zoning: C-G £ Present Comprehensive Plan Designation: Mixed Use -Regional 5. PROCESS FACTS a. The Unified Development Code, Section 11-SA-1, identifies the City Council as the decision making body on vacation applications within the City of Meridian. b. Newspaper notifications published on: December 15, and 29, 2008 c. Radius notices mailed to properties within 300 feet on: December 12, 2008 6. EXHIBITS a. Vicinity/Zoning Map b. Gardner-Ahlquist Gateway Subdivision No. 2 Recorded Plat c. Legal Description and Exhibit Map of Easement Proposed to be Vacated d. Letters of Relinquishment Gardner-Ahlquist Gateway Sub 2 VAC - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THF, HEARING DATE OF JANUARY 6, 2009 EXHIBIT A -Vicinity/Zoning Map Exhibit A - I - CITY OF MGRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 EXHIBIT B -Gardner-Ahlquist Gateway Subdivision No. 2 Recorded Plat GARDNER-AHi,QUIST GATEWAY SUBDIVISION NO, 2 w ',. .. .~,: .. ,e... .,.a.,.w ....... . n ramax w +anw~ wra weommx twa r> •I vwzs .~oF-i/oe • o.....~ ~ouhn w ra immMns ./. or ra xoauw[sr ./~. a s[rna .s.:ormsrea ~ ~romx, ahcc Fur. ey., ~~G ~ crtr aF uflNOwt .rv, cWrm. ro/+q ~ ..... S '°°° ~ I~ - ~~ ~ ~ , ..... O W..,,~.,t .. .. m '' _ ~z,~ 3. y ~ 4 id9Z ~ ~P i r ~ C-. a~ a@ ~ "}r a R ~ A Sy $ fit wv.b ~~ ~ ~ yam. gars a svn n .~ a^~m'r .um ,~~ -> d b =sso • ~ \Hlrv( ,w ~~£ I c ~-~~'4~k ~~~E'A '~ ~4~'!'~t'th>r a,Q tp ~Y ° ir> i ~~ n~. ~. -. ~ x - rv bid ...N '•.. •. ~/ unwm~/a v crnw q x~sr a~ ~° ,~ -._.._ S,ib A '. „s 6 as- -_. ?*i` vaa` a~wu gran " m x xvm t~"in. - p 351 3 ~.O - M wm Ft O~ANf)i AF\ O a~/~ RI lean ~ I- ~ ~ /luv~a, ~~6 ~~ i 4 a$ ~ ~ M 1 it ~ ~ ~~ .. ~~ n i~'I ~I .a ;9~1~ '~ as ,.._ . o„ ~: ° - ~ ~,~, --- ---- -- --- ----r-- ~ _ rv,.~. .r. a ..,-~...~sz ,.~ .•..~c usw.. a ~ `~ .wl p R © av fyf !rl wiM R C - P. w.r o+ew.x. ~ e. I IMHf HI IkF .. .,, v. wi. mR„ m.. re.,.oHx xm..rv.wom. .. xi v.va, .r '~ >t1H1"EYItiC xwri nv nan~w.. w .cm.nrv nMnm.,m wv..~ /el mhR/i~ Exhibit B - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIdE HEARING DATE OF JANUARY 6, 2009 EXHIBIT C -Legal Description of Easement Proposed to be Vacated LL'UAL DESCKIP'CION FOR PUBLLC t1'TTLITIES, DRAINAGE AND IRRIGATION EASEMENT VACATION. A portion of Lots land 8, Block 3 of Gazdner-Ahlquist Subdivision No. 2, Book 101 at pages 1 310-1 3 3 72, located in the Northwest 1 /4 of the Northwest 1/4 of Section 16, Townshtp.3:North, Range. l East; $oise Meridian,Citynf Meridian, Ada County, Idaho. Beingfurdxer dcscrilietl as folIaws: BASIS OF BEARPVGS: 'fhe West tine oftlte Itiordtwest 114 of Section 16, Township 3 North, Range I East,.Bdtse Meridian, taken as North 00'20'34" West and distance between monuments foundto be ?f 53.01 feet. Cantmencing of a brass cap monument marMng [rte Northwest comer of theNottTtwest 1f4 dtence along the West line of said Norhwest 1/4 South 00°20'34" East a distance of 1331:70 feet and :rum whichthe Southwest comer of said Northwest 114 bears South 00°20'34" Fast a distance of 132131 feel thence leaving said West line South 89°27'00" East to a point oa theSnutlierly boundarp of Gazdner-Ahlquist Subdivision No.2, Book 101 at pages 13370-13372 adistanceof 104.61 feet mazking the FONT OF BEGP.v'NNG; thence leaving said botmdary from a tangent which bears Notch 00°19'41" East, along a curve to the right with a radius of 5,834.58 feet and a central angle of 00°05'54" an azc fengUr of 10.01 feet with a chord bearirte oft"North 00°16'44" East, and a chord distance of IOAI feet__ thence South 89°2700" East a distance of 610.08 feet; thence South QO`46'09" East to a point on said Southerly boundary of Gardner-Ahlquist Subdivision No.2 a distance of 10.00 feet; thence along: said Southerly Botutdary of Gardner-Ahlquist Subdivision No. 2 North 89°27'00" Eti'est a distance of 610.26 feet to the POINT OF BEGNNNG. Said.Easroeut containing 6, ]00 square feet or O.14 acres, more or less and is subject to ati existing easements and rights-of--ways of retard or implied. END OF DESCRIPTION Kenneth H. Caok, P.L:S. 9895 Timberline Surveying R47 ParkCe[itie Way,. Suite 1 Nampa, Idaho. 83551 (2083.465-5687 O'.TS-SUBS~+Gardner Ahlgais[ Meridian Gateway4surveyVegals\vacation legal for puid.doc Exhibit C - I - CITY OF MERIDIAN PLANNING DEPARTMENT S'fAFF REPORT FOR THE HEARING DATE OF JANOARY 6, 2009 Exhibit C - 2 - 8 1181HX~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 EXHIBIT D -Letters of Relinquishment Ari IDACORP Company IDAHO POWER COMPANY Partial Release of Easement WHEREAS, by subdivision plat recorded N Plat llook 101, at Page 13370 through Pagc 13372, on September 12, 2008, as Instrument Number 108102461, is the records of Ada County, State of Idaho, Gardner-Ablquist Gateway Subdivision No. 2 granted to IDAHO PowEk COMPANY an easement (the "Easement's for a on and maintenance of certain power line facilities upon the following `County, State of Idaho, to-wic Gardner-AAlquist Cmrewt{y Subdivision No. 2 - a Portion of Monmee Park S:~hdivisian, Book 17, Pager 1107 to !!08 ~- located in the Northwer! 1/4, Nonhwesr 1/d of Section Id. Tonnship 3 Noah, Range I East, R.M, Ciry ojMeridiun, Ada Covnry, /daho. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of t6c Easement be retrained NOW, TREREFORE, in considerntion of the premises, IDAHO PowER COMPANY does hereby release and abandon that certain portion of the Easement over the following descnbed lauds: Rejer ro attached Exhibit A `and Exhibit 'B,'Prepared by Kennerh H. Cook P.I S. ALL RIGHTS and privileges under the above-described document in and to the remaining tends covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said retnaiaing lands shall remain and continue in the Grantee and shall not 1~ affected in any way hereby. 1N WITNESS WHEREOF, IDAHO POWER COMPANY has these presents to be executed by its proper officers thereunto duly authorized this _ day of December, 2008. IDAHO POWER COMPANY ~- ~ By: .. MS. ~ on, Land Management Leader Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Pan'iat Release of Pac¢tnent Gart~rer-.4htgnist Gateway Subdivision No. 2 LAOS Application.No.: LB-2008-009 Pagt2 oft STATE OF IDAHO ) ss. COUNTY OF ADA ) On. tfns ~ day of December, 2008, before me ,~~ iA ~, ~y~~ _ ,. a Notary Publio, personally appeared M. I. 7o bii1 'ex t leader of tho`~rporarion that executed the within instrument, and ackn ~ e th such corporation executed the same as the fret ack and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea! the day and yeaz in this certificate firs[ above written. (NOTARY SEAL) Residing at: ~i5 7~ T~.~ ~ .- My Commission Expires on: ~_~.~..=.~ Exhibit D - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF JANUARY 6, 2009 YARTI:II, EASEMENT VACATI(?N Intermountain bas Campnny relinyttishes any and all of thxir rights to the following described easement. See attached Legal and Exhibit. STATE OP IDAHO COUNTY OF ~V~« ) iN"I ER.MOUN'TAIN GAS COMPANI' jj~~ . •~ --_______... Name Q'P On this~_day of ~''cA_ in the year of '-O°Y, beCnre me: the undersigned, persona0y appeared` n , \`-. knaum to me to be the person whore twrne is aubscrila to the within inslmment. who, being by me firs[ dWy sworn, did delxise and say that hz is :..~. t^,4,~,,,,, M= of Intermountain Ges Company and the he zxesutcd the foregoing instrument as 6chalf of said firm for the usz and purposes stated therein. IN WITNESS WHER]AF, I have sz my hnnd and nffized my ofticial seal Che Say and year in thin certificate frsC above written. tj`. `! ~i~~~` i -.,! .., r--'-~. ~ , . _ - ~I tt~, Notary Public Cor Idaho Residing at. '?1.:,~. ~ -2_ r -- Commission Expires: _ r,+ - ~' `~. m__G CG Exhibit D - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORT}{E HEARING DATE OF JANUARY 6, 2009 __ _:. Q Cw e s t. 3710 Commercial ts2~{tt 01 ,Service` Catdwelt. Idahn 33405 forlarooe F{012R0(:KS E'.NGINFERS S?GU L. FRANKLIN RD.. Ste ql W NA.tvIFA IU.AHO 33637 AT1;V: Kammie Oates Re: Fdu~enu;nt Vacntion, Gan3ner-AMgtriat Subdivision N2: T9 Nhum h Mav Concern: Ov et Communications does not have any ohjettion to the propthed vacation of the 10" utilip~ easement ak,ns Ute Southerly t-rundary of Loti 7 & S Blxk 3 of the aMive said development, as per your nnaikd requcsc Fezl free to wntan me if you have any futt}ier questions, fihank You. `may- -~ / / i P6nald L. Buuarn5 Idaho Right .+f Nay Manager 3l (O Crommcrcial Wnx Cstdtvah, Idaho 33605 ~3-a5s,an33 S`I ATE OF IDAHO COI.NT}' OF CANYON (.&N TH1S 1 J'" DAY OF OCTOBER. 2008..8£FOItE h1fi. "f HE L7Iv'DERSRiNED. ANOTARY P[ 1RLIC IN 9ND FOR'fHE STATE, PERSONALLY APPEARED DONA}.D L. BOTTOMS. IVHOS£ NAD{E IS SUBSCRIBED TO THE FOREGO}NG U35TRC?M11ENT, .LND ACKNOR'[.EDCED TO MF,'fHAT HB EXF".C:U"I'EU THF' SA,MB O?t BL•FLALF OP T}fE SAID ORGANIZATION. [N w'ITNF,SS Pr4II3REOF. I HAVE HEREL!hT0 SET MY HdND AND AFFLXFSt h9Y OPFICIAI. 5E V_. T'FIG DAY .YVD YE ~AR IN THIS£t3RTIHCA"f F, FIRST VE ~I G ' // ,~AV IS .- NOT:ARF PUBIIC FOR 1DAH0 . v ~ ' +~i ~~ MY CObLMISSION EXPIRbS:._.! l ~G -_.f~ a . 2~~ ~' ~ R£siD}NG Irr._-~_ f'L L ku'~l c,. ____ 4J .' ~Dk Exhibit D - 4 - CITY OF MF,RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 -.:~. ;~ONE~ 'The ONE you count on 2 I O I Eq$T KA RGH ER RD. NqM Pq, iD 836A7 PH~.2trH•458'S579 FAx-.248~a55.5556 __ _ I ~ ___. I OCtoher 21.2008 Hmrocks F,ngineers 5700 East Franklin Koad. Ste. 160 Nsmpa, Idaho 836$7 ATTN: Kammie RE: Gardner-Ahlquist Subdivision No. 2 Request £or vacation of Public Utility Easement Dear Iammie, This letter is in response to a request from you to vacate a 10 ft. wide public utility, drainage, and pressure irrigation easement on the soathetn perimeter of lots 7 and 8 of the Gardner-Ahlquist Sutxlivision No. 2 :ns recorded in Book l01, Page 13370 records of Ada County. Cable ONE has no objections to the vacating of the easement, as stated above, in. the Gardner- Ahlquist Subdivision No. 2. Should you have any further questions please call me at 455-5553. Sincerely, i ~~ ~~ Jj 7a}' fresher ?vaw )k••.Yelopment Lead. Cable ONE Exhibit D - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JANUARY 6, 2009 -.,T 2 ,. a`.h ILRNL~2 ~i i7LYliGc4rccW ~/??.GC~Q~G6iL [/fd~lGC~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAx a 208-4b3~0092 1 G October 200R PtN1A89- 'tr°° ~"dB 108 OFFIC[ FMmpo 4667661 SHOP. Nompa 4660663 Kammie Oates Hon-ocks Engineers 4700 E. Franklin Rd. ate 160 Nampa, ID S36R7 RE: Ragnast forfiasement relinquishment ~ Gardner-Abiquist Snb. #2 Dear Ms. Oates: IfNampa d Mendran Irrxgatton District:dces not have any facilities tocnied. on this property the District fias no uwmcrshipor claim to arty easements on the property. Therefore there is nothing for the District to-relinquish. Please feel ti-ce to wntac[ me if you feel fitrther discussion is required. Sincarely. o~/4nd olnfiv`"~- Waker Superintendent Nampa R Meridian Irrigatibh District JPA;dbg C: Board of Directors $ecrcaarc.?reasurer G. Gurus, Assl. roster Superintendent $: F~ukf11, Crew Forem9n FHe _ '~ A ~Y_ ~~ F ~ ~ -i. ,- .... i. 3T` C_ - APVRCXIMFTE IRRIGAStt ACkFS RIVFRFIOW RIGHTS - 23:000 BCNSf. PdOJEtt RIGHTS - 4p 004 Exhibit D - 6 -