HomeMy WebLinkAboutHavasu Creek VAC 03-002BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/27/03
IN THE MATTER OF THE REQUEST FOR )
VACATION OF EXISTING EASEMENTS IN )
CRESTWOOD SUBDIVISION NO. 1 BY PLATS)
OF HAVASU CREEK SUBDIVISION NO.S 1, 2, )
AND 3, LOCATED WEST OF NORTH LOCUST)
GROVE ROAD BETWEEN WEST USTICK )
ROAD AND McMILLAN ROAD, MERIDIAN, )
IDAHO )
FARWEST, LLC )
APPLICANT. )
CASE NO. VAC-03-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF EXISTING EASEMENTS
This matter coming on regularly before the City Council at its regular meeting on the 27th
day of May, 2003, at the hour of 7:00 p.m., and Brad Watson, City Engineer, Richard Cook, John
William White, Oliver Palmer, and Justin Martin, appeared and testified at the hearing, and the
Council having received the record from the Planning and Zoning Commission 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 of Existing Easements in Crestwood Subdivision No.
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 1 OF 7
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
Easements shall be vacated in the same manner as streets. {I.C. § 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)}.
3. 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)}
Findings of Fact and Conclusions of Law and Order
of Vacation of Existing Easements in Crestwood Subdivision No. 1
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 2 OF 7
4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
12-10-1 APPLICATION PROCEDURE:
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:
L 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 furnished 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 and Conclusions of Law and Order
of Vacation of Existing Easements in Crestwood Subdivision No. 1
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 3 OF 7
FINDINGS OF FACT
1. Farwest, LLC, on behalf of the owner, Marty Goldsmith, filed a petition for the
vacation of existing easements in Crestwood Subdivision No. 1 by the plats of
Havasu Creek Subdivision No.'s 1, 2 and 3 for the vacation of the common utility
easements along the boundaries of the two lots in the county subdivision of
Crestwood Subdivision, and the two lots of Crestwood Subdivision will be
replatted under the Havasu Creek Subdivsion proj ects, as recorded in the
Warranty Deed from Renata Moon, a married woman as her sole and separate
property who acquired title as Renata Ham, to Marty Goldsmith, an unmarried
person, recorded 02/26/03, as Instrument No. 103031427. Additionally, Marty
Goldsmith, an unmarried man, as owner of the subject property, provided his
consent by Affidavit of Legal Interest to Briggs Engineering, Inc.'s submission of
the Vacation Application for the relinquishment of easement and agreement to
vacation of the existing easement at Crestwood Subdivision No. 1. 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 description of the existing easements along the lot lines to be re-platted,
which is the subject of this petition, is:
Those easements created by the recorded plat of Crestwood Subdivision No. 1 as
described below:
The North 20.00 feet of Lot 8, the South 5.00 feet of Lot 8, the North 5.00 feet of
Lot 9, and the West 10.00 feet of Lot 8 and 9, all of Crestwood Subdivision No. 1,
as recorded in Book 28 of Plats at pages 1757 and 1758, Ada County Recorder's
Office.
3. The particular circumstances of the requested vacation is:
The vacation of common utility easements along the boundaries of two lots in the
county subdivision of Crestwood Subdivision, the two lots of Crestwood
Subdivision need to be replatted under the Havasu Creek projects.
4. 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
Findings of Fact and Conclusions of Law and Order
of Vacation of Existing Easements in Crestwood Subdivision No. 1
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 4 OF 7
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
5. All publication costs have been paid by the petitioner.
6. The requirements and/or conditions of the following entities shall be required as
follows:
a. The Meridian Fire Department has no objection to the proposal so long
as a second point of access is being provided to all affected phases of
Havasu Creek Subdivision No.s' 1, 2 and 3
DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS
Farwest, LLC, on behalf of the owner, Marty Goldsmith, filed a petition for the
vacation of existing easements in Crestwood Subdivision No. 1 by the plats of
Havasu Creek Subdivision No.'s 1, 2 and 3 for the vacation of the common utility
easements along the boundaries of the two lots in the county subdivision of
Crestwood Subdivision, and the two lots of Crestwood Subdivision will be
replatted under the Havasu Creek Subdivision projects, as recorded in the
Warranty Deed from Renata Moon, a married woman as her sole and separate
property who acquired title as Renata Ham, to Marty Goldsmith, an unmarried
person, recorded 02/26/03, as Instrument No. 103031427. Additionally, Marty
Goldsmith, an unmarried man, as owner of the subject property, provided his
consent by Affidavit of Legal Interest to Briggs Engineering, Inc.'s submission of
the Vacation Application for the relinquishment of easement and agreement to
vacation of the existing easement at Crestwood Subdivision No. 1. 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. This order shall not become effective unless, and until, Settler's Irrigation District
consents in writing to the vacation or, said District agrees in writing that it has no
jurisdiction over the irrigation/drain ditch lying north of Lot 8, Crestwood
Subdivision No. 1, and copies of such documents are received by the City Clerk.
Findings of Fact and Conclusions of Law and Order
of Vacation of Existing Easements in Crestwood Subdivision No.
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 5 OF 7
NOTICE OF FINAL ACTION
Please take notice that this is a fmal 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
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the I~~'~day of
~T~ , 2003.
ROLL CALL
COUNCILMAN BIl2D VOTED_ °~-
COUNCILWOMAN deWEERD VOTED_~
COUNCILWOMAN Mc LANDLESS VOTED
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~j~'~3
Attest:
"„~~fay+a~z,~,obert D. Corrie
,~~~~ OF ME13j~i ~~'''.
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William G. Berg, Jr., City erk y GG'i.~, r ~ 1 ~ ~ ~~
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Findings of Fact and Conclusions of Law and Order„C ~-..'. , 1 ti ~ ,,c
of Vacation of Existing Easements in Crestwood Sub~i'dision: Nty.'~~
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 6 OF 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. \\\~,~\~y OF MFRIp~~'.,
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BY• /~•~-~, 5/., DATED: ~`12'~3 ` EAL
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STATE OF IDAHO, )
County of Ada.
ss.
On this ~ day of ~yWVIR~ , 2003, before me, the undersigned,
a Notary Public in and for said State,'~iersonally 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)
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Findings of Fact and Conclusions of Law and Order
of Vacation of Existing Easements in Crestwood Subdivision No. 1
by plats of Havasu Creek Subdivision No.s 1, 2 and 3
VAC-03-002
PAGE 7 OF 7