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HomeMy WebLinkAboutSettler's Village VAC• MERIDIAN CITY COUNCIL APRIL 2, 1991 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Max Yerrington: Others Present: Gary Smith, Wayne Crookston, Bill Gordon, Earl Ward, Jim Johnson, Moe Alidjani, Les Schild, Norm Fuller, Chuck Fuller, Linda Arnold, Don Hubble, Stein & Pamela Wood, Kevin Jones, K. Buemeler, Rick Orton: MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1991: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held March 19, 1991 as written: -- - - -_ Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR VACATION OF WALKWAY EASEMENT BY STEIN & PAMELA WOOD IN SETTLERS VILLAGE: Kingsford: Council Members you have had those findings, are there any questions or comments. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law-for the vacation request of walkway easement by Stein & Pamela Wood in in Settlers Village. -_ - -- - - Roll Call Vote: Yerrington - Yea; Giesler --Yea; Myers.- Yea; Tolsma - Yea; Motion Carried: All Yea: - - ITEM #2: ORDINANCE#548: ORDINANCE_VACATING WALKWAY EASEMENT IF ITEM #1 APPROVED:. - -_- Kingsford: AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 FOOT WIDE ACCESS AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND THE 22 FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF SAID SUBDIVISION AND IN NOTE 2 ON LOT 7, BLOCK 1, BOTH EASEMENTS BEING ON LOT 7, BLOCK 1, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS THAT-RUN-..CONCURRENT 70-ACCESS AAID WALRWAY_.EASEMENT; AND PROVIDING AN EFFECTIVE DATE, Zs-there=anyone who wishes Ordinance...#548.read_in ._ _ -_ its entirety? There .was, no response. ._- _ - ,_ _ The Motion was made by Giesler and seconded by-Myers that the rules and-provisions of-_ 50-902 and all rules and provisions requiring that Ordinances be read on three-r]ifferent days be dispensed with and that Ordinance #548 be passed and approved. Motion Carried: All Yea: ., ,: _ _ - - _ ITEM #3: REQUEST FOR RECONSIDERATION OF PREVIOUS ACTION REGARDING ZANING ON LINDA ARNOLD PROPERTY (PINE COVE SUBDIVISION) ON WEST PINE: 11 l AMBBOBE, FITZGEMLD 80N001(BTON ABOnlyxBnE DoooNlo1x P.O. Box AY7 MwMln, Malq B7B1Y T•I.P~o~M BB&418, .ORDINANCE N0. ~y 8 AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 F00T WIDE ACCESS AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND THE 2 1/2 FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF SAID SUBDIVISION AND IN NOTE 2 ON LOT 7, BLOCK 1, BOTH EASEMENTS BEING ON LOT 7, BLOCK 1, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to vacate a portion of Settlers Village Subdivision, specifically the fifteen foot wide access and walkway easement on the northern portion of lot 7, block 1, of said subdivision and the 2 1/2 foot wide access easement along the side lot lines of said lot as noted in Note 2 on said plat of Settlers Yillage Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That pursuant to Section 50-1306A, specifically, and Title 50, Chapter 13, Idaho Code, generally, the City of Meridian, having held the required hearing, the City Council having made findings of fact and conclusions of law, and it appearing that proper notice of said hearing was given, hereby vacates the fifteen foot wide access and walkway easement on the "'A • • northern portion of lot 7, block 1, of Settlers Village Subdivision and the 2 1/2 foot wide access easement along the side lot lines of lot 7 block 1, as noted in Note 2 on said plat of Settlers Village Subdivision; that the drainage, public utility, and irrigation easements that run concurrent with the above access and walkway easements being vacated are not vacated by this ordinance and shall remain in effect. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of _ , 1991. GRANT P. KINGSFDRD, MAYOR I MIBROBE, FRZOEr1ALD L CrgOliBTON ABaMpLnO CwnMbn v.o. eo. ~xr wwa~r,, ~ exat T~Mp~a~r l16N61 ATTEST: JACK NIEMANN, CITY CLERK .._ __ . . II • • STATE OF IDAHO,) 55. County of flda, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 FOOT WIDE ACCESS AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND THE 2 i/2 FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF SAID SUBOIVISION AND IN NOTE 2 ON LOT 7, BLOCK 1, 60TH EASEMENTS BEING ON LOT 7, BLOCK 1, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT." passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of 1991, as the same appears in my office. DATED this day of April, 1991. STATE OF IDAHO,) 55. County of Ada, ) CITY CLERK, CITY OF MERIOIAN ADA COUNTY. IDAHO On this day of 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he 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. uanosE. FfROEMLO acraoKaroN SEAL Atlanq~Yq CanWa~ P.O. b~ ITI MNIEMq MYq 61M4 T~MpIwMNHN1 NOTARY PUBLIC FOR IDAHO RESIDING AT MERIDIAN, IDAHO BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN STIAN AND PAMELA W000 APPLICATION TO VACATE EASEMENT SETTLERS VILLAGE SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 19, 1991, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the vacation of the walkway easement was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 19, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were AY6ROSE, available to newspaper, radio and television stations. FITZDEMID lCraoicaTON p, That this property is located within the City of ~"c~Yi° Meridian and is described as Lot 7, Block 1, Settlers Village v.o. ao. uT ~wrb Subdivision and is owned by Applicant; that the plat of the Twpw".ero+wt subdivision shows an easement along the northern fifteen feet of the lot as a walkway and for purposes of a permanent public utilities, irrigation and access easement; the plat also indicates that a permanent barrier consisting of fencing, vegetation and paved access way will be constructed within the easement. 3. That a similar easement existed in Lot 7, Block 2, which was previously vacated. 4. That the property is located in an R-8 Residential District and is so developed. 5. That Applicant desires to vacate the easement for purposes of access and as a walkway but does not desire to have the easement vacated as to the utility or irrigation purposes. 6. That the Applicant testified that there has been no use the easement along the northern potion of his lot for public access but that his neighbor to the north did use the easement for access to the back of the property owned by the neighbor; that the easement along the northern portion of the Applicant's lot takes up approximately 25% of the Applicant's lot; that the Applicant purchased the property not realizing the existence of the easement and the easement was not placed on the Plat at his request but was put on there at the request of a developer when he had the property zoned commercial; that the failure to remove the easement at the time the property was rezoned to commercial was due to the FITZOEOMID fact that the developer had failed to requests its vacation and ICROOK8TON removal at the time the developer request the similar easement to AIIOrMy~Yq ~"~ be removed form Block 2. P.O.lw IT7 ~~ Twwnon. W.M61 7. That the purpose of the easement for access purposes was initially included on the plat when lots 1 through seven of block one were zoned as commercial lots and the easement for access was to provide access to the back of the lots if develo ed in p a commercial fashion; that the zoning was changed back from commercial to residential but the walkway easement was not removed. 8. That the utility companies and the irrigation companies subrnitted comments which did not object to the vacation of the easement as a walkway. 9. That Note 2 on the plat of the subdivision also indicates that there is a 2 1/2 foot access easement along the side lot lines of Lot 7, Block 1. 10. That the property surrounding the Applicant's is used residentially. 11. That there was public testimony objecting to the vacation of the easement; that the objections were from three owners of lots to the north of the applicant and were largely based on the inability to obtain access to the back of their lots if the easement as a public walkway and far access is vacated; that the owners objecting would have access to the backs of their lots through their own property if the easement is vacated. 12. That proper notice has been given as required by law by Idaho Code, 50-1306A, have been given and followed. ~MBP0.RE, FRZpEMLD • CIK)ONSTON ,,,,,,,,,,,.,,a coun..ia. C O N C L U S I O N S r.o.so.ur 1• That all the procedural requirements of Idaho Code, 50- M«wu~,mrw T~,~„, 1306A and of the Ordinances of the City of Meridian have been met. ,w AMBROSE, FIRDERALD i CIgON3TON AManglrq Calnwlon -.O. Boa127 MMIEMn, MYa 61312 TN~pIw~N 333131 2. That the City of Meridian has authority to vacate easements pursuant to Idaho Code, 50-1306A. 3. That the vacation of the easement and the associated easements as noted in note 2 on the plate for access and walkways will not unduly burden those parties objecting to the vacation as they will continue to have access to the back of their lots via their own property 4. That the failure to vacate the easement would unduly burden the Applicant and his property with public access that was not designed for his lot as zoned residential. 5. That the easement's use for irrigation and public utilities will not be infringed upon by the vacation of the easements for public access. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Yerrington Voted /N~t Councilman Giesler Voted ye-~y Councilman Myers Voted ~e9 Councilman Tolsma Voted ~eY Mayor Kingsford (Tie Breaker) Voted MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #5 The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for Gemtone, Inc.: Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR VACATION OF WALKWAY EASEMENT, SETTLERS VILLAGE BY STEIN & PAMELA WOOD: Kingsford: I will now open the Public Hearing, is there anyone that would like to offer testimony on this issue. Stein Wood, 1762 Jericho, was sworn by the attorney. Wood: I haven't prepared a statement, but I did send a letter. The one thing that is not mentioned in the letter is the different interpretations of the property. The various interpretations are that I'm supposed to build an access way paved for my neighbors use, that the property isn't mine and I can't build a fence across it. Everything else is basically stated in my letter. Giesler: He is aware that there will still need to be an easement through there? Stein: Yes. Kingsford: Anyone else to testify? Jerry Rohan, 1774 Jericho, was sworn by the attorney. Bohan: I have letters with me tonight from three other families. We need that easement for access to the rear of our property. The surrounding areas are zoned commercial and we won't have any access to get back there to take care of that. The letters that I'd like to give you deal with safety hazards, area behind our homes, we really have at times a severe weed problem. There is no other way to get back there to haul out the weeds which are large. Reading through the convenants of our subdivision they are somewhat jumbled. Spoke about fences, walkway easements, title company. (TAPE ON FILE) We feel that we have really been violated, because it states in the covenants that you can not do that. We as a group fell that if the vacation is allowed to happen that our rights as homeowners will be violated. Giesler: Doesn't your property lines go clear to the back, even into the weed area back there? Bohan: Yes. Giesler: How come the fences weren't put out - Rohan: There is a utility easement 10-15 ft. I believe back there. Giesler: I know in most other subdivisions the fence is taken to the property line. This is a very unusual situation. The weeds out there, you say they will be cut down, the times I have been out there, the weeds were higher than the fence. This is a poor design and should never have happened and I think you should be moving your fences back there and betaking advantage of that yard and keeping those weeds down. MERIDIAN CITY COUNCIL MARCH 19,1991 PAGE #6 Giesler: There is enough room to the aide of the houses I saw to get back there. Rohan: I wish the people could have been here to actually come up here and tell you themselves about how it would affect them. The easement has been there for as long as we've lived there. Kingsford: Originally that Settlers Village those first lots until you get past Mr. Wood's were commercial lots and that was the reason for that easement was to get to the back of those commercial lots. We vacated that easement on the west side and two or three of the walkways back in the subdivision at the request of the owners. This one was not vacated with that because there was some objection at that time that property was not built on but that will not be commercial and I think it is really inappropriate that Mr. Wood has to have an easement for everyone else to use on a residential property. It made sense. when it wasa commercial property but to me it makes no sense as a residential property. I can see where it would if your fence is not on your property line but if it was you'd have no problem. Rohan: I hope that you will take into consideration what I've tried to put accross tonight. It is going to affect some folks that really care about our city and our neighborhood. Cheryl Johnson,1805 N. Locust Grove Road, was sworn by the attorney. Johnson: On this easement, I was wondering does it affect the new school, as far as the children couldn't use that easement? Kingsford: No. Darlene Chenk, 1745 Jericho, was sworn by the attorney. Chenk: I am here to show my support for the Woods. That easement that Jerry Rohan was speaking about that he was saying was always taken care of and it has always been in weeds. I don't see any problem with this request at all. James Baker, 1746 Jericho, was sworn by the attorney. Baker: I am the homeowner immediately to the south of the Woods. I see no problem with this request. I am in favor of this. Sheri Baker, 1746 Jericho, was sworn by the attorney. Baker: I believe that once the easement is vacated, I believe there is still approximately 3 feet between the edge of the easement and Jerry's property line. There would still be access if you had to walk back to your weeds. I don't think this will be a problem. Rohan: Some of what has been said tonight is not true. We have taken care of that easement. I do have a that, I don't have a gate really, I have no intention of using that as an access for R.V.'s. The reason that we need that thing is just for maintenance. Kingsford: Your saying maintenance to the back of your lot. MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #7 Rohan: No, the utility easement. If we put up fences back there the utilities would becoming through there I believe once or twice a year to service. Kingsford: I have a utility easement in my back yard and I've lived there fourteen years and they have never been there. Rohan: Before you make a decision on this I would hope that you would look into the letters that have been written by the other homeowners. When we first met the Wood's the builder had never told them about the easement until they had signed the papers. They told us that if they had known that easement was there they would have never purchased that home. That easement is used, but there is not alot of traffic so we feel it should stay. Wilma John, 1545 W. Carol, was sworn by the attorney. John: We live two houses over and behind the Woods. We've been there about three years. That easement has never been used since I've been there. The weeds are huge. Why don't they steralize the the ground. Stein Wood: Something that has been left out of the public discussion but was in my letter. On the requirements that I pave 115 x 180 feet of my back yard, I would have to pay to have his fence taken down and put back up plus the paving costs. My main problem is the expense, it's absurd for me to pay thousands of dollars to pave my back yard when the easement doesn't go anywhere, it serves no purpose. Kingsford: Well again, the intent of that thing was that there was going to be commercial lots in the front and it was the back access to those commercial lots. I would like to enter into the record three letters received from homeowners which are in opposition to this request. Any further public comments, seeing none I will close the public hearing. The Motion was made by Tolsma and seconded by Giesler to have the attorney prepare Findings of Fact and Conclusions of Law on this issue. Motion Carried: All Yea: Giesler: Maybe some of these people didn't realize that they could put there fences around that easement, but those fences can betaken out to your property line. Kingsford: Certainly as that property develops in back of you to the east your going to have a no-mans land there that somebody is going to be on your case on the other side to see that that is taken care of. ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY LINDA ARNOLD: Kingsford: I will open the Public Hearing, is there anyone to testify on this issue. Dave Powell, from Toothman-Orton Engineering, was sworn by the attorney. Powell: What we are proposing is a multi phase development over 50 acres of land which currently is in the County and we are asking that to be annexed in it's entirety and allow us to develop this in the R-8 Zone, which conforms to the ln.).a__ ~9. .x~al~ ~CSLp,~ ~w 6u~ J~O,,~h, o.~ ~. o Js1:~.t~o~r~ A~LO.A o.u~... RV's ~ ~s~ o~ ~.. ~ ~a~ . S Jb !: ~~ o.n~ ate, c~Y,c~-~, ~ ~. 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R/+crc /Arc2 __'Inn~ ! .Lnr.!' _. - - __ _. _.Y}C. _fd/ ._r~Y halt YA,!4-_ _~0.._. /(cC _.. 9^ ror~~tlft^.'Cs.. ~"r 4~~" t ~ / -_ --..... _ -AIA.~'r ._ 1L _-.7~~? `/ I~Y~ 5--_6t~ ,_ ~/R7S _ ~?n.('t/~Ty_e _ _ _ _. ___ .. ._ ._.. .-_!.. 1~' ._^~C.'. ~n('. _._ ~Ic ~i ~na!_--AI+iV 'jJ~ _, r?~ ~' rlo;...._40 1'^~_. _. _. -. ....._ - . _ ._ _ _ (~fc iLYA_RO_ - _- -- ---- - - - ___ __ _ _ _ - _ _ ._ . _ _ - -.. _ _. --- - --._ .__.. - --- -- _-_--- - f{ -- ----- -- ~ --- ._- - - _ _ Idaho Power Company BOX 70 ,r BOISE, IDAHO 83707 March 15, 1991 Mr. Jack Niemann City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Vacation of North side of Lot 7, Block 1, Settlers Village Dear Mr. Niemann: Idaho Power Company has inventoried facilities in the subject area. As the Company has no facilities in this area, it has no objection to the vacation. Thank you for the opportunity to comment. Very truly yours, /~ ~ati,~ Donald Bair Permit Coordinator Right-of-Way Department DB/dp ~asles~-e • REST FOR VACATION OF WALKWAY: SETTLERS. VILLAGE STEIN & PAMELA WOOD: C O M M E N T S 1: Ada County Highway District: Does not effect them: 2: Intermountain Gas Company: No objections to this request: 3: U.S. West Communications: Have no objection to vacating the walkway portion but do have buried cable in this 15' strip so need to retain public utilities portion of easement. 4: Nampa Meridian: Have no kind of easement in this area: 5: City Engineer: See Attached: 6; Sewer Dept; Does not effect sewer department; 7. Police Dept; No objections 8; Bldg Dept. No comments 9: At Planning & Zoning meeting held February 12, 1991, Commission recommended that City Council approve this request. ~~ Idaho Power Company BOX 70 * BOISE, IDAHO 83707 March 15, 1991 Mr. Jack Niemann City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Vacation of North side of Lot 7, Block 1, Settlers Village Dear Mr. Niemann: Idaho Power Company has inventoried facilities in the subject area. As the Company has no facilities in this area, it has no objection to the vacation. Thank you for the opportunity to comment. Very truly yours, ~~ ~a-~,~ Donald Bair Permit Coordinator Right-of-Way Department DB/dp ~slestr~e ~ g ~~ ~, .. ro$w ~~ . ~~ Og H N °z 6' n ~~ ~pSS R ~~ c ~~ ~S ~o L"' s~~a~~~~~~~~~,~~~ ~~~ ~~ mho"~~"~~~~~ y. -' '~ fi m •p ~f eM~ R iiiiiiii ~~ ~~~ ad~~ ~~~ ~d O ~• C ~ ~Q ~ pY ~ ^ ~j W N ~ °' ° n ~ w ~ H ~ ~ o a ~ yy ~O ~ b i ~ a O P ~ -i R ~ Q~ °R' ~ r a~ b o ~~ 3 r~ m o ~`~~~~'~~ ~^ic~ ~ ~ ~~~yfiS 3a y~ ~ a -a a K `~ S w a n ~~~ n m ~ m c" rn s~ ~ c y ja m m ~ ~ ~ ~ ~ D ,~,~ p ~ '' ~~p - S ~ ~ chi ~ ` ~ (~ " a m D ~ ~ rn `~ n vmi ~ ~ ~ ~ ~ m m ~ ~ ~ ~ y rn m Q ~., ~ 3 m a s~~ a m m `~ ~ ~ n ~ ti ~' y ~ ~ ~ ~ ~ m ~ s y ~ m r y y y~ ~~~~ R y y y o~ y Q u~ S ~ D r x ~ s ¢ fCitt s~ ~ r ~ ~ ~ ~ ~ ~ ~ ° x ~ x ~ ~ ~ ~ Q1 H ~ m m Q D " ~ , _ D rn ~ ~ 3 0 (try ~ 11` 'T1 ~ rtl S ~ J' ~ 1 a ~ A Q vaj A Z ~ ~ c~~ ~ R w~ ~. _~ S p • ~ ~ •C Do n~i H L1 H ~ N ~ '~ ~ ~x ~ b S n t4+f ~ ~ O Z M ~ ~' ~' b ~ m~ y 3 ry •yy ~ ~T r~i ~ t~ H O z ..~ `^ ~ ly ram ~ ~b ~' ~o ~ ~ ~ ti tl m S `i ~ ~ ~ r s~ ^~ ~ bµ ~ ~ ~ m a n •• Q ~ ~ ~ m ~ ~ ~ ~~~•~ ~~. ~ f.. ~ r H °z~ c c~i k ~" N N 'Z' H r 6i r O . ~ z d H H °z 4 K N r r .'cl H O H z ro H ~ ~.+ z K N 'M°z S H z .,;~ ~~ ~~IIIIII I~Iillllllil i 1111111 ro$~ s~~~~~~~~~K~~$p ~~~ ~~~~~s~~ n~ ; ~ ~w y~ ~r ~ ~pQ R ~ 9~ O .~ o W a o 7 R M R L H ~ ~ ~ ~' ~ ~ Y ~ y U] 75 ~t 1(Oj t'f O O~ ~ ~ B ~ ~ 7 ~ R ~ O 'G" P C Y+ R O ~ ~ ~ R g 6 7 ~p ~ r a n ~' ~ w m R ~ ~ ~ ~ '~ r. ~ ~'R~ ~ <R ro a ~ °zr .~ ~ R ~ R ~ ro ro ~Z ~ .~ ~ ~ R ~ z ~~ v v ~ ~~ N ~~ ~ ~ ~~ t-+ O N z y H C" r~ g YO •• ;U G n y N z 0 H r H l0 O ~o z H A ty Z ~ O i .. K m~ n ~t I~Rm ~• n r~ R ~~ R ~r 0 n~ ,~ z O ~x r-~ m ,J of ro C H H 0 z O r k m e~ H M a I H H ro E 0 0 d H d H z ro r • z • z H ~Wz c~ a~'~ r ~"o ~z N F. ~ o z WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD - P.O. BOX 7608 -BOISE, IDAHO 83707 (208) 377-6000 - FAX (208) 377-6867 March 5, 1991 Jack Niemann City Clerk and Zoning Administrator City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Request to vacate the 15 foot access and public utilities easement along the North side of Lot 7, Block 1 of Settlers Village. Dear Mr. Niemann: Intermountain Gas Company has no objections to the vacation of the above referenced easement. Sincerely, INTERMOUNTAIN GAS COMPANY David M. Combs Western Region Operations Manager DMC:jcb cc: Herb Vann 111•~IVEST" COMMUNICATIONS Boise, Idaho February 28, 1991 Mr. Jack Nieman City Clerk & Zoning Adminstrator City of Meridian 33 East Idaho Meridian, Idaho 83742 Dear Mr. Nieman: U S WEST C~nmuLications has no objection with the requested Vacation of the 15 foot access and public utilities easement along the north side of Lot 7, Block 1 of Settler's Village. However, we do have buried cable in this 15 feet strip and wish to retain the right to maintain, repair, replace and reinforce this plant. Any relocation ousts will be borne by the party or parties requesting this vacation. Sincerely, ~ -, ~7 iL~1~rQ~G.et~w~/ Max Aguilar Manager - Right of Way P. O. Box 7889 Boise, Idaho 83723 ;~. : i ~ ~ ; .- t - ~ -' - ~ ~ . ,. ~ ~ NeNS ona Cervo Date en 3Me1 2. _ ~ + IV ' . ^I : t -- -' 7 _~ . au•sea. p ~. ~ E ~~~ s - ~ ~ ~ _ W ~ . Y a 1 ~ ~aeaas r ... - ~ _ = si ~ z _ ' ttw~ . 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O ~~ 'C x m~' of i i ~ i ~ i ~ i ~ i ~ i ~ er r ~ ~+ ~' C CJ H H O z r k Cs] tr1 ~] z ~-3 E r• M pd N E °zqr M b C Gz'~ k~ r0 N "Z H z r c~ ~~ r0 .. ,hp n 0 z d H H 0 z H H z .• w~ k~ { K '~i ,~ V. 4 z C k N r r [~J x H a H z ro r .`z z H g~z K ~ d ~ ~ !~ R N «-~ ~z ~„~ H o z u~ OFFICIALS JACK NIEMANN, Dlly Clerk JANICE GA$S, Treasurer BRUCE D. STUART, Wabr Worke Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Warta Water Supt. KENNY BOWERS, Flre CI1Iet BILL GDRDON. Police Chlaf GARY SMITH, Clty Engineer • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor February 21, 1991 Mr. Max Aguilar Manager - Right of Way U. S. West Coa~unications P. O. Box 7888 Boise, Idaho 83707 Dear Mr. Aguilar: COUNCILMEN RONALD R. TOLBMA J. E. BERT MVERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning 6 Plannlna JIM JOHNSON The City of Meridian has received a request to vacate the 15 foot access and public utilities easement along the North side of Lot M7, Block N1 of Settlers Village. please advise if U. S. West has any objection to We would appreciate receiving your answer prior to when this request is scheduled for Public Hearing. incerely, City Cle 8 Zoning d~inistrator City o Meridian, Id. this vacation. March 19, 1991 • HUB OF TREASUREVALLE~ OFFICIALS JACK NIEMANN, Clty CIeM JANICE GABS, Treasurer BRUCE D. STUART, W eter Worke Supt. WAYNE G. CROOKSTON, JR., AROrrroY EARL W ARD, W aate Water SUDI. KENNY BOWERS, Flre Chet BILL OORDON, Pol Ica Cftlel GARY SMITH, Clty Enylneer I ~_ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 688-4433 GRANT P. KINGSPORD Mayor February 21, 1991 Mr. Richard Walker Construction Supervisor United Cable Television 8400 West Park St. Boise, Idaho 83704 COUNCILMa. RONALD R. TOLSMw J.E. BERT MYERS ROBERT GIESLER MA%YERRINGTON ONetrmen Zontnp 8 PlmNrlp JIM JOHNSON Dear Mr. Walker: The City of Mublicautilitieseease~entealong thevNorth sideloffLot access and p #7, Block #1 of Settlers Village. Please advise if United Cable has any objec~ioo~ to Marchv19at1991 We would appreciate receiving your answer p when this request is scheduled for Public Hearing. Sincerely, Ja iee n Ci y Cler 8 20 ing R ^inistrator C ty of; Meridian, Id. • HUB OF TREASUREYALLEY • A Good Place to Live OFFICIALS JACK NIEMANN, Cny Clerk JANICE GASS. Troeaurer CITY OF MERIDIAN BRUCE D. STUART, Water Worka Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, WASH Water Supt. KENNY BOWERS. Fire Chef MERIDIAN. IDAHO 83642 BILL OORDON, Police Cnlel Phone 8684433 GARY SMITN, Ciry Engineer GRANT P. K[NGSFORD Mayor February 21, 1991 Mr. David Combs Intermountain Gas Co. P. O. Box 7608 Boise, Idaho 83707 Dear Mr. Combs: COUNCILMEN RONALD R.TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Cnelrman Zonlnp 8 Planning JIM JOHNSON The City of Meridian has received a request to vacate the IS foot access and public utilities easement along the North side of Lot #7, Block #1 of Settlers Village. Please advise if Intermountain Gas has any objection to this vacation. We would appreciate receiving your answer prior to March 19, 1991 when this request is scheduled for Public Hearing. Sincerely, Ja'k-•Niem n' Ci y Cler & ton ng A ^inistrator Cit of Meridian, Id. OFFICIALS JACK NIEMANN, GIIY Clark JANICE GASS, Treasurer BRUCE D. STUART, Werer Works Supt. WAVNE G. CROOKSTON, JR., Attorney EARL WARD, Waate Waler Supt. KENNY BOWERS. Fire Chlet BILL GORDON, Polite CKIef GARY SMITH, City Engineer • HUBOFTREASUREVALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor February 21, 1991 Mr. Donald Blair Right of Way Departwent Idaho Power Cowpony P. O. Box 70 Boise, Idaho 83707 Dear Mr. Blair: COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MA%VERRINGTON Chairman 2oninp 6 Plennlnp JIM JOHNSON The City of Meridian has received a request to vacate the 15 foot access and public utilities easewent along the North side of Lot #7, Hlock #1 of Settlers Village. Please advise if Idaho Power has any objection to We would appreciate receiving your answer prior to when this request is scheduled for Public Hearing. Sincerely, this vacation. March 19, 1991 Jac Sew mt - City Cle 8 20 ing ^inistrator C#hy o Meridian, Id. • HUB OF TREASURE VALLEY • OFFICIALS JACK NIEMANN, Clty Clerk JANICE GASS. Treasurer BRUCE D. BTUART, Waler Workn Supt. WAYNE G. CROOKSTON, JR., Allorney EARL WARD, Wsete WAler Supt. KENNY BOWERS, Flre CKlet BILL GORDON, Police CNei GARY SMITH, City Enplneer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 8884433 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R.TOLSMA J. E. BERT MVERS ROBERT OIESLER MA%YERRINGTON DMirmen 2oninp d Plenninp JIM JONNSON February 21, 1991 Mr. Don Switchger, Chair~an Settlers Irrigation District P. O. Box 70 Boise, Idaho 83707 Dear Mr. S~itchger: The City of Meridian has received a request to vacate the 15 foot access and public utilities easestent along the North side of Lot 117, Block 111 of Settlers Village. IJlease advise if Settlers Irrigation District has any objection to this vacation. We would appreciate receiving your answer prior to March 19, 1991 when this request is scheduled for Public Hearing. 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RC. -, -- __.y -- _ 17 ~ SO s, W SIf9W S _.._____~3c_oekZ-r-~~T 5 f3R020V,c~{ m~~tr1~YRL ~1+- _.._ - ~------ ------._. __~ ! 7Z I ~9,2,c6{O td~~_ M,22tA,~7 i0 83G 4 Z ~: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on March 19, 1991, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, for the purpose of considering the Application of STIAN and PAMELA WOOD to vacate the walkway easement on the north side of Lot 7, Block 1 of Settlers Village Subdivision, Ada County, Idaho, generally known by the address 1762 Jericho Road, Meridian, Idaho. Pubic comment will be taken and is welcome. DATED this,, day of February, 1991. `. AMBROSE, FITZGERALD B CROOKSTON Attomeya an0 Counaeloro P.O. eoz 147 MariAlan, IEMo 8382 ~~ MERIDIAN P 6 Z FEBRUARY 12, 1991 PAGE #7 The Motion was made by Shearer and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM #5: REQUEST FOR VACATION OF WALKPIAY EASEMENT ZN SETTLERS VILLAGE BY STEIN WOOD: Shearer: it appears that there are some surface drainage pipes in that easement and a possibility for some public utilities - - Clerk Niemann: All he wants is to get rid of that walkway easement, he doesn't care if the easement is there for utilities or irrigation. Discussion (TAPE ON FILE) The Motion was made by Rountree and seconded by Shearer to recoamend approval to the City Council for this request for vacation of walkway easement. Motion Carried: All Yea: Clerk Niemann: There will be an information meeting tomorrow night at City Hall on the flood plain areas. The Motion was made by Rountree and seconded by Shearer to adjourn at 8:35 P.M.: Motion Carried: All Yea: ATTEST P & Z Members, Atty., Bldg, Eng., Police, Ward, Stuart, Hallett, Valley News, Statesman, ACRD, NMID, CDH,Settlers, Gass Mail (5) File (5) APPROVED: JIM JOHNSON, CHAIRMAN ~~ 8 7 6 5 4 .~ i_ ~ •a ~J d e d ~ e9 ~ 3~y~ ~ aY ` 3 (11 N~ 4 T X i Q u {- 2 F W 0 e- ~i a~<pp ~Wd N.7< s ~~ Z ~~ $,g o 2 0 W. 0 N L .o 0 i • ~. 5~ ` ~`"`ry ~f c ,~,~ To: Honourable Mayor and City Council ~ yf_~°~ City of Meridian, Idaho ~ ~l Y From: Stian E. and Pamela M. Wood 1762 Jericho Road _ 799 Meridian, Idaho 83642 ~ g Date: 1-10-91 Subject: Request ~Blocktl ineSett~ela"ys Vil~laeget otf the ~~ side of Lot 7 , HISTORY In the 1981 replat of Settlers Village, Lots 3-7 Block 1 and Lots 3-7 Block 2 were zoned as commercial properties. Lot 7, Blocks 1 and 2 had fifteen foot wide walkway easements along the side, northern border of the properties and a 27 foot easement across the back, eastern border. We have spoken with several people in order to find out the purpose of these easements when this lot was zoned for commercial use. We found that the purpose of these easements was to allow access to the back(s) of the commercial building(s) for trash pickup, loading / unloading of trucks, and to zone the lots so that there would be a fifteen foot wide buffer zone between any commercial building and the residence to the north of this lot. The plat map requires that a "permanent barrier" be constructed to separate the commercial from the residential property. The dictionary defines PB~it1ffiIT as "existing perpetually; everlasting". The dictionary defines B~aRRIffit as "anything built or serving to bar passage, as a railing or a fence". The plat requires that an "everlasting barrier which bars passage be built between Lot 7 Block 1 and the properties to the north. A similiar easement with the same requirement(s) was specified for Lot 7 Block 2 across the street. In 1989 the zoning for lots 3-7 Blocks 1 and 2 was changed from commercial usage to residential usage. For lots 3-7 Block 2 and lots 3-6 Block 1 the easements were vacated as part of the rezone. For lot 7 block 1 the easement was left intact as if the property was still zoned as commercial. The original request to rezone had requested that the Lot 7 Block 1 easement be vacated in the same manner. This original request was later changed. DISCUSSION ' is of all of the city council We have obtained the transcrip meetings concerning the zoning of this property. From these transcripts and from reading the plat map we feel that the following items justify vacating the easement on the north side of Lot? Block 1: 1. in all of the city council meetings concerning this property there was NEVER ANY MENTION of page two of the plat map. Page two described the improvements that the owner is required to make to the walkway easement. It calls for a permanent barrier between our property and the property to the north. It calls for specific landscaping of the property and for some sort of paving. These are two important items, and were not even considered when this property was rezoned. 2. From the transcript of the June 9, 1987 city council meeting it is stated by a Mr. Hubble that the original request for rezone be amended "to not request the vacation of the easement in block 1, it is currently used by the local residents and owners do not have any problems leaving that". The plat map specifically denies access to this easement from properties to the north. There is bold black line on the plat map which extends from the front of our property to the back property line; this line is clearly labeled on the map as a "PERMANENT BARRIER". Page two of the plat map specifically calls for a PERMANENT BARRIER between the two properties. The fact that people used this vacant lot for access because they did not read the plat map is their mistake, i1HY 181ST i~E PI-Y FOR TSBIR ERROR? If this lot had actually been used commercially, the commercial owners could have barred access to our neighbors to the north by following the requirements on the plat map. It would have been completely legal and within their rights. We, as residential owners of the property do not seem have this same right. 3. This walkway easement covers 25 percent of our. entire property. One quarter of our property has been socialized for the sole benefit of 3-4 neighbors to the north. No other lots in Settlers Village have access to the back side of the lots. We cannot figure out why these lots received special treatment. OUR RESPONSIBILITIES AS 01il18[LS OF LOT 7, BLOCK 1 The following list consists of our responsibilities as owners of this residential property. The data in this list is taken directly from the plat map. 1) 25 percent of our lot is designated as a walkway easement; property which we aay not use as enj°Y' bat property which we gust pay tares on. 2) We must construct a "permanent barrier" between the 15 foot wide easement on the north side of our property and the property to the north. The plat map requires us to build a permanent structure on a utilities easement. 3) The plat map requires that the 15 foot wide walkway easement be paved. The dimensions of the easement are 15 feet x 180 feet -- 1700 square feet of cement will cost us many thousands of dollars. We find it hard to beleive that it was anyone's intent that a private homeowner should be forced to build such a sidewalk. 4) Maintaining such a sidewalk will require: A) expensive or labor intensive snow removal, B) extra insurance coverage, and C) general daily maintenance such as garbage and dog refuse removal. 5) We purchased this property with no knowledge of this easement. Had we known, we would not have bought the house. It is unimaginable that anyone else would have either. We feel that with this easement left in place, the market for our property is 1-BSOLD'lSLY Effit0. 6) Should we be forced to invest many thousands of dollars to comply with the rules of this easement, our property value in the eyes of the tax assessor will have increased, but sellability of this property will have actually decreased. We would like for the City Council of Meridian to vacate this easement as soon as it is possible. This easement has caused considerable friction between ourselves and one neighbor, and will continue to cause friction as long as it is left in place. Sincerely, ~~OP'~-CSC--1`~ W~~ Stian E. Wood Pamela M. Wood Stein & Pamela Wood Vacation of Easement Settlers Village C O M M E N T S 1: Nampa Meridian Irrigation: We have no easement on this property Settlers Irrigation might have. 2: City Engineer: See Attached. 3. Sewer Department: This does not effect the Sewer Dept. 4. Police Department: No Comments. ~i .~~ ~ ~ ~~~ ~ 5 ~ ~ w y >y n . " ~ ~ ~~ .-. ~ -a R ~~ ~~'~ ~~ ~d o8 ~* ~ ~~ ~~ ~ n ~ 'v O ~ ~ ~ bF ~ a ro n r ~,, °z r o C• w Q "+ ~ z K. ~ '° N ~S ~ N `~ r O Nz H tt r Gz~ 7 ~ ~ io h] ~ r0 xy c i n O i [i] I z v H i H O z ~j yy ~ c d [sl K m~ ~ LN ~ O n ~ 70 N H .'$~ Gzi H ~ ~ cn r 't H O ~ n r K 6e` n C K x h7 ~ m hi ~ s~ o r mm ~ u ro~H r H ~ ~ ~zo ~^ o chi '~~ x ~ xyz yy S o `~ ~o~ k ~~ g Vi H ~ H ~~ r0 q ~ O tom' R ~ ~ ~ W R H ~ ~ ~ !M .. r y ~ .~ ~ ~ ~ x ,., K ~R r O • `~~ l~jl ~ ,~~ C To: Honourable Mayor and City Council City of Meridian, Idaho /~, From: Stian E. and Pamela M. Wood //~~" 1762 Jericho Road a q Meridian, Idaho 83642 ~' ~~ • 7 / ~`/ Date: 1-10-91 ~1r5 C,~~ ~~~ (~N 1 subject: Request to vacate the walkway easeaent on the north side of Lot 7, Block 1 in Settlers V311age. BISTORX In the 1981 replat of Settlers Village, Lots 3-7 Block i and Lots 3-7 Block 2 were zoned as commercial properties. Lot 7, Blocks 1 and 2 had fifteen foot wide walkway easements along the side, northern border of the properties and a 27 foot easement across the back, eastern border. We have spoken with several people in order to find out the purpose of these easements when this lot was zoned for commercial use. We found that the purpose of these easements was to allow access to the back(s) of the commercial building(s) for trash pickup, loading / unloading of trucks, and to zone the lots so that there would be a fifteen foot wide buffer zone between any commercial building and the residence to the north of this lot. The plat map requires that a "permanent barrier" be constructed to separate the commercial from the residential property. The dictionary defines PERMPiNEliT as "existing perpetually; everlasting". The dictionary defines B~iRRISR as "anything built or serving to bar passage, as a railing or a fence". The plat requires that an "everlasting barrier which bars passage be built between Lot 7 Block 1 and the properties to the north. A similiar easement with the same requirement(s) was specified for Lot 7 Block 2 across the street. In 1989 the zoning for lots 3-7 Blocks 1 and 2 was changed from commercial usage to residential usage. For lots 3-7 Block 2 and lots 3-6 Block 1 the easements were vacated as part of the rezone. For lot 7 block 1 the easement was left intact as if the property was still zoned as commercial. The original request to rezone had requested that the Lot 7 Block 1 easement be vacated in the same manner. This original request was later changed. DISCUSSION W h e obtained the transcripts of all of the city council e av meetings concerning the zoning of this property. From these transcripts and from reading the plat map we feel that the following items justify vacating the easement on the north side of Lot? Block 1: 1. In all of the city council meetings concerning this property there was NEVER ANY MENTION of page two of the plat map. Page two described the improvements that the owner is required to make to the walkway easement. It calls for a permanent barrier between our property and the property to the north. It calls for specific landscaping of the property and for some sort of paving. These are two important items, and were not even considered when this property was rezoned. 2. From the transcript of the June 9, 1987 city council meeting it is stated by a Mr. Hubble that the original request for rezone be amended "to not request the vacation of the easement in block 1, it is currently used by the local residents and owners do not have any problems leaving that". The plat map specifically denies access to this easement from properties to the north. There is bold black line on the plat map which extends from the front of our property to the back property line; this line is clearly labeled on the map as a "PERMANENT BARRIER". Page two of the plat map specifically calls for a PERMANENT BARRIER between the two properties. The fact that people used this vacant lot for access because they did not read the plat map is their mistake, NHY NUST NS PAY FOR THEIR ERROR? If this lot had actually been used commercially, the commercial owners could have barred access to our neighbors to the north by following the requirements on the plat map. It would have been completely legal and within their rights. We, as residential owners of the property do not seem have this same right. 3. This walkway easement covers 25 percent of our entire property. One quarter of our property has been socialized for the sole benefit of 3-4 neighbors to the north. No other lots in Settlers Village have access to the back side of the lots. We cannot figure out why these lots received special treatment. OIIR RESPONSIBILITIES AS OWNERS OF LOT 7, BLOCK 1 The following list consists of our responsibilities as owners of this residential property. The data in this list is taken directly from the plat map. 1) 25 percent of our lot is designated as a walkway easement; property which we say not use or enjoy, but property which we east pay taxes on. 2) We must construct a "permanent barrier" between the 15 foot wide easement on the north side of our property and the property to the north. The plat map requires us to build a permanent structure on a utilities easement. 3) The plat map requires that the 15 foot wide walkway easement be paved. The dimensions of the easement are 15 feet x 180 feet -- 1700 square feet of cement will cost us many thousands of dollars. We find it hard to beleive that it was anyone's intent that a private homeowner should be forced to build such a sidewalk. 4) Maintaining such a sidewalk will require: A) expensive or labor intensive snow removal, B) extra insurance coverage, and C) general daily maintenance such as garbage and dog refuse removal. 5) We purchased this property with no knowledge of this easement. Had we known, we would not have bought the house. It is unimaginable that anyone else would have either. We feel that with this easement left in place, the market for our property is ABSOLUTffi,Y Effit0. 6) Should we be forced to invest many thousands of dollars to comply with the rules of this easement, our property value in the eyes of the tax assessor will have increased, but sellability of this property will have actually decreased. We would like for the City Council of Meridian to vacate this easement as soon as it is possible. This easement has caused considerable friction between ourselves and one neighbor, and will continue to cause friction as long as it is left in place. Sincerely, Stian E. Wood Pamela M. Wood 50-1305.. ~CLlfiGG --The county shall choose and requir legally qualified surveyor or engineer to rform land surveying in Idaho to suffi fly chec);.the plat and computations thereon to determine that the requiements herein are met, and said engineer or surveyor shall certify such caepliance on the plat. For performing such service the county shall collect from the subdivider a fee as provided by local ordinance reasonably ;~ related to the cost of providing such service. 50-1306. ~xijd~2LLl~4(ldl dYlh4L~tY_"= ~CIlBEL3Y_Wj~hlp_ibe al:ea_di_G~i~_~eea~i.--A11 plats situate ui in an o fficiaTly des~gnaTed area off ci y upacT as prove a or in section 67-6526, Idaho.Code, shall be administered in accordance pith the provisions set forth in the adopted city or county,YOning and subdivision ordinances having urisdiction. In the situation where no area of cify impact has been officially adopted, al~ plats situate Within one !1) pile outside .the limits of any.intorporated city shall first be submitted to the said city, and approved 6y the counn 1 of said city before the Base shall 6e retarded. Rees which may 6e considered by the city include, but are not limited to, continuity of street pattern, street Widths, and drainage provisions. If the city has adopted a subdivision ordinance and/or a comprehensive plan, then these documents may be used as guidelines Par approving plats.. Such city approval shall be in addition to county approval. Within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the city and county mutually agree.upan any differences. Where the urisdittion of two (2) cities overlaps, then the jurisdiction shall be assumed by the ~arger city. 50-130bA. ~d4dllQ)1_CL_eldi`i_ -_ECIlGfldYL@.--(I> When any person, Personst tiro,, association or corporation may desire To vacate a plat.or any part thereof which is inside or within one (1) mile of the boundaries of any city, it shall be la~ful for such person, persons, firm, association or corporation to 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 pith the city clerk. (2) Written notice of public hearingg on said petition shall be yyeven, by certified Bail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a ,1 ueel; 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. (3) 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. (4) When the platted area lies more than one (I) mile beyond the,city limits, the procedures set forth herein shall 6e followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority comparable to the city council, to grant the vacation, provided, however, when the plat{ed area lies beyond one (I) mile of the city limits, but adjacent to a platted area within one (I) mile of the city, consent of the city council of the affected city shall be necessary in granting any vacation by the county commissioners. (5) In the case of easements granted for gas, sever, pater, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is mat required. Natation 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, a4 the proposed vacation and have agreed to the same in uritin9y All publication costs shall 6e at the expense of the petitioner. ~u-iau,. -e519AdSlm~ 4i_34k-511r_d-n_AAplilp-___-nrLC~i}3Y_Y1_Y1~11-Li~xr-r~~ -- Lieifaa}}tang-s-_L- a -- Tats a roans, su ivisions or a it ons Bus no ear a name ofi any otfier town or a~dition in the same county, nor can the save lord or cords similar or pronounced the same, be used in Baking a name for said town or addition, except the lords city, place court, addition or similar cords, unless the same is contiguous and laid out and plated by the save party or parties platting the addition bearing the same name, ar a party files and records the Britten consent of the party or parties rho platted the addition bearing the same name. All plats of the same nose must continue the block numbers of the plat previously filed. 50-1308. gggg2LPYddig•--(I) If a subdivision is not within the corporate limits of a city the plat thereof shall be submitted accepted and approved by the board of commissioners of the county in which the 4ratt is located in the same manner and as herein provided. If the city or County has established a planning copmission, then all plats east be subeitted to said coemission in accordance with provisions of section 50-1106, Idaho Code. No Plat of a subdivision requiring city approval shall be accepted for record by the county recorder unless said plat shall have first been subeitted to the city and has been accepted and approved and shall have written thereon the acceptance and approval of the said city council and bear the signature of the city engineer and city clerk. tlo Plot of a subdivision shall be accePPfed for record by the county recorder unless said plat has been certified, within thirty (30) days prior to recording, by the county treasurer of the county in which the tract is located. The county treasurer shall not withhold 63 50-1305. yeilfiC --The county shall choose and requir~~IIegally qualified surveyor or engineer to tors land surveying in Idaho to sufficlwRly check the plat and computations thereon to determine that the requiements herein are met, and said engineer or surveyor shall certify such compliance on the plat. For performing such service the county shall collect from the subdivider a fee as provided by local ordinance reasonably ;- related to the cost of providing such service. ~v-iavo. 4EI[dI@LLlIP[Ltt1 YI~aL~IY= . CCaQELIY_Y1#hlp_Yh2 di@d_aY_G13Y_1~~2af2•--AII plats situate vi in an o iciaT Y esignaied area of city impact as provided for in section 67-6526, Idaho Code, shall be administered in accordance with the provisions set forth in the adopted city or county toning and subdivision ordinances having 1urisdictian. In the situation where no area of city ispact has been officially adopted all plats situate vithin one (I) mile outside the limits of any incorporated city s~iall first be submitted to the said city, and approved by the council of said city before the same shall 6e recorded. Items vhich may be considered by the city include, but are not limited to, continuity of street pattern, street widths, and drainage provisions. If the city has adopted a subdivision ordinance and/or a cosPrehensiue plan, then these documents may be used as guidelines for approving plats. Such city approval shall be in addition to county approval. Within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the city and county mutually agree upon any differences. Where the 1urisdiction of two (2) cities overlaps, then the jurisdiction shall be assumed by the larger city. 50-1306A. y;caiiQA-af_ela}5. -_ECaCedu[ .--(1) When any person, personss firm,, association or corporation may desire to uacaP#e a plat, or any part thereof vhich is inside or vithin one (1) mile at the boundaries of any city, it shall be lawful for such person, Persons, firm, association or corporation to 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. (2) Written notice of public hearing on said petition shall 6e iven, 6y certified mail with return receipt, at least ten (10) days prior- to the date of public hearing to all property owners vithin three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a i~ wool; for two (2) Successive veel;s in the official newspaper of the city, the last of vhich shall be not less than seven (71 days prior to the date of said hearing. (3) 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. l4) Yhen the platted area lies more than one (I) mile beyond the.city limits, the procedures set forth herein shall be followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority comparable to the city councils to grant the vacation, provided, however, when the plated area lies beyond one (I) mile of the city limitss but adjacent to a platted area vithin one (1) mile of the city, consent of the city council of the affected city shall be necessary in granting any vacation by the county commissioners. (5) In the case of easements granted for gas, sever, 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 ar amended plat, provided that all affected easement holders have been notified by certified mails return receipt requested, of the proposed vacation and have agreed to the same in writing. All publication costs shall be at the expense of the Petitioner. 50-1307, ie5j9Dd3jn~ a~_Yal~n~ife_and_~~~i#i>en_.__des$~5##Y-af_di~iia~f~sene~~ -- Llljfdd}}la-5_Il-_La a -- Ta s a owns, su iuisions or a i ions mus no ear a name of any otfier town or addition in the same county, nor can the same word or words similar or pronounced the same, be used in making .a name far said town or addition, except the words city, place court, addition or similar cords, unless the same is contiguous and laid out and plated 6y the same party or parties platting the addition bearing the same name, or a party files and records the written consent of the party or Parties mho Platted the addition bearing the.same name. All plats of the same name must continue the block numbers of the plat preciously filed. 50-1308. AeeLaYd15.--(1) If a subdivision is not within the corporate limits of a city, the plat thereof shall be submitted accepted and approved by the board of commissioners of the county in which the ~ract is located in the same manner and as herein provided. If the city or county has established a planning commission, then all plats must be submitted to said commission in accordance with previsions of section 50-1106, Idaho Code. No plat of a subdivision requiring city approval shall be accepted for record by the county recorder unless said plat shall have first been submitted to the city and has been accepted and approved and shall have written thereon the acceptance and approval of the said city council and bear the signature of the city engineer and city clerk. No plot of a subdivision shall be accepPted for record by the county recorder unless said plat has been certified, vithin thirty (30) days prior to recording, by the aunty treasurer of the county in vhich the tract is located. The county treasurer shall not withhold 6.3 c. Adequate drainnge is provided so as to reduce exposure to flood hazards. 9-611 A VACATIONS AND DEDICATIONS 1. Application Procedure - a. Application - Any property owner desiring to vacate an existing subdivision, public right-of-way or easement shall complete and file an application with the Adminis- trator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Develop- ment Plan, or the dedication of streets, rights-of-way or easements to be shown on a recorded subdivision. b. 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. 2. Action - a. Commission Recommendation - The Commission shall review the request and all agency response and make a recommenda- tion to the Council for either approval, conditional approval, or denial. b. Council Action - 1) When considering an application for. vacation proce- dures, 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 a quit-claim deed for the vacated rights-of-way in such proportions as are prescribed by law. 2) When considering an application for dedication proce- dures, 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 accep- tance 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. -38- c. Adequate drainage is provided so as to reduce exposure to flood hazards. 9-611 A VACATIONS AND DEDICATIONS 1. Application Procedure - a. Application - Any property owner desiring to vacate an existing subdivision, public right-of-way or easement shall complete and file an application with the Adminis- trator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Develop- ment Plan, or the dedication of streets, rights-of-way or easements to be shown on a recorded subdivision. b. Adtinistrator 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. 2. Action - a. Commission Recommendation - The Commission shall review the request and all agency response and make a recommenda- tion to the Council for either approval, conditional approval, or denial. b. Council Action - 1) When considering an application for vacation proce- dures, 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 a quit-claim deed for the vacated rights-of-way in such proportions as are prescribed by law. 2) When considering an application for dedication proce- dures, 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 accep- tance 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. -38- i . • r ,, . n s i ~• ` ~ x Notes and Curvs Oata on Sh~e1 2. - ~ ~~ ". ,~ • N )'1107"NC'-_ '"T`"-_463.26'_`_" ^I'Q' " •_ a ., •LW ~ ~` r s ~ is ao' q w [••~••~ iatoo ~ u ~ ° 3 e 7 S ~ V ~: N S Y. 11. O _ i j IGLOO i B L C K 2 eon.. `° ,•. - bL _ 1 ~: ~ ~ ~` . of S ,1 ~~' _ JERICk _ _ _ ec • ~ n. un', .Yee' a•n' iaaf - oy a• ' ' _ - 'IOMOe11 EaYneM~ - s l... S g R 8 ~ o .e ~ ~ q = ~ • 1 ^ ~ aD cp O ~ ~ - ea.N• B l C K 1 ~ ~ -~ -- - ..w ` _ saoe •e.eY ev`e' exer ~• 412.00` p!8 `7.02' EAST DOR18 SUBDIVISION 'e un~yer s lNa Stl. Chef e+ i3:Idah~ C;:A.- m~rtfulAiV, AUA GUU. 9 8? • - • E. DON RUBBLE - CONSULTINi ;~ w t. NOTES' - I. All las are hereby dssgnated os having a permOnent Dublk utilities, tramoge, and irrig011on nasemeM over the Data five (5) fee each bt Mal is adJacenl to and pmallel to any sheet that 4 designmed to Me ufe of the puWle, eaeelN as ofMrwtu shawa 2. Side yard lot lines In Blocks I and 3 are IlCeby designated as having a two andane half (2 I/2) foot wide pemgnenl pad utilities, traitage, Irrgmion, and access easemdp as sham. 3. Buiklbq set-backs n this subdivision shall catfmm to tM apppeabN zoning regulation of Ada -County Highway District amt/m fb City 01 Meridian. 4. lot 14, Block 1 is hereby dasignated as o private pork. S. Restricted Access: No lots in Mtls subdivision shall M provided wIM a pknmyaaeae to fainNw Avenue (U:S. Fbghray 3O)utde sold access is speclfleally approved Dy the Ada County Highway Dishkt mtd/m the Sfafa of Idaho, Tranapmfoflan Department of Hlghwaye, DeDa.finen & Lots 4 ehrough 7, Black Iand bh I through 7, Bbck 2 me hereby dssignated as Mvinq apermatem public utilitkta, trahwgl,- erigatlon, and assess e0aertMrd al Mte rear of 1M Ida at shown. 7 Lola I though 3, Block I are Mrsby deslgrofsd W panwnMw publk utllitlea, 6dtage, mid krigafion eassmmd fen (IO)tNf Wde .ol ttN rem of Nte tots as shown.. B- Lot 7, Bock I aM lot 7, Block 2 aro hereby dealquafed ahovkq aparmmwq pubya eHgtklf, diainape, (rHgaftgr,. alto ppe'f~. eoeemW lltfemi- (15) hel tvlde M. the North etde ot. 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