Loading...
HomeMy WebLinkAboutPintail Pointe VAC-00-004 f~l ~';..~,~ ,,. t',~_-RECORDED' REQUEST J. DAVID NAVARRO ... ~ ~O,,Tv l~l BEFO~ THE MERI~~I~ CO~ClLre~ ...... ~ urr~, ~. '2000JL20 P~ I 33 ~:t 0005~50~ 06-28-00 IN THE MATTER OF THE REQUEST FOR VACATION OF A 30-FOOT NON- EXCLUSIVE EASEMENT FOR VEHICIgLAR AND PEDESTRIAN INGRESS, EGRESS AND UTILITY SERVICES, LOCATED AT BLACK CAT AND TEN MILE ROAD APPLICANT: JEFFREY L. MANSHIP CASE NO. VAC-00-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF A 30-FOOT NON- EXCLUSIVE EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 20~h day of June, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning:Administrator, appeared and testified at the hearing, and the Applicant, Jeffrey L. Manship, appeared and testified, and no one appeared in opposition, 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 Vdcation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 1 of 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Easements shall be vacated in the same manner as streets. {I.C. § 50- 1325}. The vacation of an easement which was 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, Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-O0-O04 Page 2 of 8 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)) 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. Fo 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 COMMIS SION AND COUNCIL ACTION: Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approVal, conditional approval, or denial. B. 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 Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-eXclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 3 of 8 are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated fights 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 o Jeffrey L. Manship, a single man, of 4375 W. Cherry Lane, Meridian, Idaho 83642, is the legal owner of the property. Jeffrey L. Manship, filed a petition for the vacation of a 30-foot non- exclusive easement for vehicular and pedestrian ingress, egress and utility services located in the northeast quarter of the northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho as dedicated in the QuitClaim Deed from John A. Fackelman and Muriel D. Fackelman, Co-Trustees of the John A. and Muriel D. Fackelman Trust, U/T/A dated the 28th day of December, 1998, recorded May 25, 2000, as Instrument No. 100040494. The legal description of the 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services, which is attached to the QuitClaim Deed, and which is the subject of this petition is attached hereto as Exhibit "A", and consisting of six pages. The recorded Vicinity Sketch of this subdivision is attached hereto as Exhibit "B". Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 4 of 8 5. The particular circumstances of the requested vacation is: The vacation is required to vacate a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services so the applicant may proceed with his subdivision. The proposed site of the requested. easement is 1322.58' east of Black Cat Road on Cherry Lane. The easement allowed access back to the Brown property, which has since been sold. The names of the affected by the petition to vacate include, and additionally when the Relinquishment of Easements are received they will be attached as Exhibit "C": 6.1 The applicant/owner of the property is Jeffrey L. Manship, Meridian, Idaho, and who applied for the vacation application. 6.2 Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power. 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 not less than seven (7) days prior to the hearing. All affected utility holders will have to agreed and/or have agreed to the requested vacation in writing. 9. All publication costs have been paid by the petitioner. Findings of :Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 5 of 8 DECISION AND ORDER OF VACATION OF 30-FOOT NON-EXCLUSIVE EASEMENT 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 recorded Vicinity Sketch of this subdivision is attached hereto as Exhibit "B". The legal description of the 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services, which is attached to the QuitClaim Deed, and which is the subject of this petition is attached hereto as Exhibit "A", and consisting of six pages. 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. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 6 of 8 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 may be 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 ac_St~ the City Council at its regular meeting held on the __ ,2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILPERSON deWEERD COUNCILPERSON Mc CANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7"- ~- day of VOTED VOTED VOTED VOTED VOTED Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 7 of 8 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk bt v DATED: STATE OF :IDAHO, ) 'SS. County of Ada. ) On this day of ,2000, before me, the undersigned, a Notary Public in and for sai~l State, personally appeared4~34~ZR-3-1~ ~ and WILLIAM G. BERG, JR., known to me to be the-Mayor and City Clerk 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) Comn~issionk~Expirek~s.· /'1 -'7.~9 'fid msg/Z:\WorkX2qrCvleridian I ~'~$~n*ship leffrey VACSFfC1OrdVacUtilityEasmt.doc Findings of.Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / VAC-00-004 Page 8 of 8 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, JOHN A. FACKELMAN and MURIEL D. FACKELMAN, CO- TRUSTEES OF THE JOHN A. AND MURIEL D. FACKELMAN TRUST, U/T/A DATED THE 28TH DAY OF DECEMBER 1998, as the owners of the real property situated in Ada County, Idaho, which is fully described on Exhibit A attached hereto and incorporated herein by this reference, HEREBY CONVEY, RELEASE, REMISE, AND FOREVER QUITCLAIM unto JEFFREY L. MANSHIP, a single man, whose complete mailing address is 4375 W. Cherry Lane, Meridian, Idaho 83642, the real property situated in' Ada County, Idaho, which is fully described on Exhibit B attached hereto and incorporated herein by this reference, including, without limitation, any easements or rights of access that exist in favor of the property described on Exhibit A over and burdening the property described on Exhibit B. THE JOHN A. AND MURIEL D. FACKELMAN TRUST, U/T/A~~H DAY OF DECEMBER 1998 ] A.~an, Co-Trustee Murie~ D. Fackelman, Co-Trustee STATE OF IDAHO County of Ada On~this~~ day of ~'~,~ , 2000, before me, -:~I/IC~ ,/z/. //,.~.~,q~.-,' , a No(~ar~, Public in and for said State, personally appeared JOHN A. FACKELMAN and MURIEL D. FACKELMAN, known or identified to me to be the CO-TRUSTEES OF THE JOHN A. AN,~RIEL D. FACKELMAN TRUST, U/T/A DATED THE 28TH DAY OF DECEMBER; ~'trust that executed the within instrument and the persons who executed the instrument on behalf of said trust, and acknowledged to me they executed this instrument in their capacities as trustees and the trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publ~m.~ldaho Residing at ~ '~,z~-~ My commission expires /~-/,¢'- o.5-- QUITCLAIM DEED 04¥13/00 THU 10:45 FAX 208 322 5597 FIRST A~ERICAN TITLE 'pRDER NO. 99082553 EBN ~XEI~ZT O03 PARCEL A A portion Of that tract of land described in Ins:rumen= NOs. 7503067 a/~d 9260T85, records of Ada County, Idaho, located in the Northeast Quarter of the Northwest Quarter of Sec=ion 10, Township ~ North, Range i West, Boise Meridian, A~a County, Idaho, more particularly described as COMS~ENCING a= ~he corner cobb, on =o Seation. s $, 4, 9 ~nd I0, Township 3 North, Range 1 West, Boise Meridian, from which the Quarter corner common to said Sec5ions 3 and !0 bears South 89 de,tees 40'~3. Eas~ 2,645.05 feet; thence South 89 degrees 40'25. East 1,223.69 feet =o a point; from which the Wee~ 1/16 cor~er bears North 89 de,tees 40'23. Wes~ 1.11 fe~t; ~hence South 00 de~rs~s 01'18. West along =he West boundary of ~hat ~ract of land as described in said No. ?S0~0~?, a distance of 666.02 feet ~o =he REAL POINT OF BEG/NNING; =hence Concinuing SOuth 00 de~r~es 01'18. Wes= a distance of 6B6.49 fee~ to ~he Southwest corner of said =tact; corner of said Tra¢:; =hence NOrth 00 degrees 14'12. East 649.70 feet along an exis~in~ fence line and the West boundary of ROD'S PARKSID~ CREEK SUBDIVISION NO, 3, said West bOunda=y bein~ Common to the East boundary of a trian~ula~ shaped parcel as described in Instrument No. ~250788, records of Ada County, Idaho; thence North 00 de~rees 39'41" East 8.00 fee= to a point; ~hence North 89 de,tees 40'23, wes= 332.7S fee~ to a point. PARCEL B The Easement Created Dy ~ran=or Grancee Recorded Instrument No. Described as: WARRANTY DEED DEHA/NE A. A~D PATRICIA A. MICF~%BL JAM~S BROWN, e~ al DECkeR 28, 1993 9~110125 TRUST A ~hirty fo0= non'e~cluslv~ easement for vehicula~and Pedestrian ingress, egress and utility services for benefit o~ ~he parcel herein conveyed, which easement shall be permanent and perpetual, which easement shai1 run with =he land, over and across ~he followin~ tract of land: 04/13/00 THU 10:45 FA~ 208 322 5597 FIRST A~ERICAN TITLE ~004 Continuation of Exhibit A Order No.=99082553 ESN A 30 foot wide str~p of land located in the Northeast Quarter of the Norghwest Quarter of Section 10, TOwnship 3 North, Range I West, Boise Meridian, Ada Counu¥, idaho, more particularly described as follows~ COMMSNCING at the corner common to Sections 3, 4, ~ and TOwnship 3 North, Range I west, ~oiee Meridian, from which the Quarter corner common said Sections 2 and 10 bears South 89 degrees 40'23. East 2,645.0~ feet; thence South 89 degrees 40'23, East 1,32~.~9 fee= to a from which =he Wes~ 1/16 corner bears North 89 de,tees 40'2~. West 1.11 ~eet; ehence South 00 de,tees 01,18~ West 25.00 feeg ~o a point on the South right of way of w. Cherry Lane and the REAL POINT OF BEGZNNING; thence continuing South 00 de~jrees 01'18. West 641.02 feet to a point; Che~ce South 89 degrees 40'23. gast 30.00 ieec ~o a point~ ~hence North 00 degrees 01'18. Easg 641.02 feet to a point on the SOuth right of way o~ W. Cherry Lane; thence BEGINNING. -2- FA-106471/HC Your No. KUEHL TRUST/MANSHIP EXHIBIT "B '_' A parcel of land being a portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found Brass Cap marking the Section corner common to Sections 3, 4, 9, and 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 89'40'23" East 1322.58 feet along the north boundary of the said Northwest quarter of Section 10 to a set 5/8" iron pin marking.the West One Sixteenth corner of said Section 10, said pin bears North 89"40'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10; thence continuing south 89"40'23" East 1.11 feet along said north boundary of the Northwest quarter of Section 10 to a point; thence South 0"01'16" West 44.93 feet to 'a set '1/2" iron pin marking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT OF BEGINNING; thence Southi89"41'01" East 203.46 feet along said southerly right of way of Cher. ry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane South 0"06'09" East 351.29 fee~ to a set 1/2" iron pin; thence North 89'41'01" West 124.00 feet to a set 1/2" iron pin marking a point on the east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0"06'09" East 266.34 feet to a found 5/8" iron pin marking the Southwest corner of said parcel as described under Instrument No. 574474, and the Northwest corner of that certain parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 89"40'19,, East 4.00 feet to a found 1/2" iron pin marking the Northeast corner of said parcel as described under Instrument No. 9260788, records of'Ada County, Idaho; thence South 0"39'41" West 3.53 feet along .the east boundary of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho to a found 1/2'! iron pin marking the Northeast corner of that certain parcel described under Instrument No. 93110125, records of Ada County, Idaho; thence COHTII~UED 8 E~WIBIT "A" LEGAL CONTINUED FA-106471/HC Your No. KUEHL TRUST/MANSHIP North 89°40'23', West 332.75 feet to a set 1/2" iron pin marking the Northwest corner of said parcel as described under Instrument No. 93110125, records of Ada County, Idaho, and being a point on the west boundary of said parcel as described under Instrument No. 8707411, records of Ada County, Idaho; thence North 0o01'16- East 621.09 feet along said west boundary as described under Instrument No. 8707411, records of Ada County, Idaho to the REAL POINT OF BEGINNING. ~ I~LACK CAf ROAP~_ 5.0'06'09"1~. 662,,60'