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HomeMy WebLinkAboutHavasu Creek VAC RecordedADA COUNTY RECORDER J. DAVID NAVARRO 7 BOISE IDAHO O6h3f03 02:23 PM DEPUTY Bonnie Oberbillig MertlanEC~REQUESTOF ~~~~~~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~~~ AMOUNT .00 103097610 BEFORE 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 1 CASE NO. VAC-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF EXISTING EASEMENTS FARWEST, LLC ) APPLICANT. ) This matter coming on regulazly 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, Richazd 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. 1 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. {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 {LC. § 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. hi 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. {I.C. § 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: 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 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 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. 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. 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. 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 Nos' 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 Subdivsion 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 Applicatiomfor 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 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 by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regulaz meeting held on the ~©~'day of ~TGiiv~ , 2003. ROLL CALL COUNCILMAN B1RD VOTED_ °~- COUNCILWOMAN deWEERD VOTED_~ COUNCILWOMAN Mc LANDLESS VOTED COUNCILMAN NARY VOTED _~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_ DATED: ~ "'~D~.3 ~~,,,~1WIa~,~obert D. Corrie Attest: .~`~°~,~y OF ~~o/ ~~~''% CT 3°p~~ T~ 9'L ~~, ~~~~ (~ SEAL 9 ~' G ~~~ William G. Berg, Jr., City erk ~ ti.- yo trg / :~ ~ r 1st • ., Findings of Fact and Conclusions of Law and Omer„~ i- ~.: , , (ti ~ ,o~ of Vacation of Existing Easements in Crestwood Sub~i'~iSionl*Fb~~~ 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. ~~~+""~11~""'~~~,,~ BY• DATED: rty Clerk STATE OF IDAHO, ) County of Ada. ss. -12-03` EAL ~~, ~~ _ 1 9~ UST 1SZ . ,Z. ~. On this ~ day of ~(~,{A~IR.~ , 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) ~..... ~'~ N S~. i ° "1 O~~ 1 : ,. `. ; Notary Public for Idaho m~'~'lG~ ~~ Commission Ex fires: ~_28'~~ Z:\WorklMVvleridianN4eridian 15360M~Havasu Creek Sub Nos 1 2 and 3 VAC 03 002~F'tClOrdVacSewerEasemt.doc 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