HomeMy WebLinkAboutPack It Up VAC 03-003 RecordedADA COUNTY RECORDER J. DAVID NAVARRO 9
BOISE IDAHO 09127!03 02:27 PM
DEPUTY Joanne Hooper
MERIDIAN CITY QUEST OF II I I I II II I II II VIII II IIII I IIIIIII I III
AMOUNT 00 103160746
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/05/03
C/C 09/03/03
IN THE MATTER OF THE REQUEST FOR )
VACATION OF AN UNUSED SEWER )
EASEMENT ON LOT 2, BLOCK 1 FOR PACK )
IT UP SUBDIVISION, LOCATED NORTH OF )
EAST OVERLAND ROAD, APPROXIMATELY)
ONE HALF MILE WEST OF SOUTH EAGLE )
ROAD, MERIDIAN, IDAHO )
PINNACLE ENGINEERS, INC. )
APPLICANT. )
CASE NO. VAC-03-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF AN UNUSED SEWER
EASEMENT
This matter coming on regularly before the City Council at its regulaz meeting held on
August 5, 2003, and continued until September 2, 2003, at the hour of 7:00 p.m., and Anna
Powell Planning Director for the Planning and Zoning Department, and David McKinnon,
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 for Pack It Up Subdivision -VAC-03-003
PAGE 1 OF 9
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 {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. 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 vacafion and have agreed to the same in
writing. {LC. § 50-1306A (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
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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
Pinnacle Engineers, Inc., on behalf of Overland Storage, LLC, filed a petition for
the vacation of an unused sewer easement on Lot 2, Block 1 in Pack It Up
Subdivision, and which easement runs north and south through the middle of the
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
PAGE 3 OF 9
lot and on the southern boundary of the lot, and travels east and west like an
inverted "T", and which sewer easement was placed in its current location when
the property was originally subdivided and the intent was to place mini-storage
units on Lot 2, Block 1. Sewer for the subdivision was to be brought in from the
north, through Lot 2, Block 1 (within the easement) to the lots with Overland
frontage. The mini-storage units were never completed and sewer was never
installed within the easement. The sewer main will not be needed within the
easement to service the lots within the subdivision, thereby eliminating the need
for the existing easement. Sewer service will be provided to these lots via mains
located within Overland Road. The elimination of the sewer easement will
facilitate the future construction of a building on Lot 2, Block 1.
2. The legal description of the existing unused sewer easement, is the subject of this
petition, is:
Pack It Up Subdivision
A sewer and water easement to be vacated as shown in Lot 2 Block 1 of Pack It
Up Subdivision as it is recorded in Book 84 at Page 9360 of Plats located in a
portion ofthe SE1/4 of the SEl/4 of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho and more described as follows:
Commencing at a % inch rebaz marking the SE corner of Lot 1 Block 1 of said
subdivision; thence N00°28'51" E a distance of 165.79 feet to a'/~ inch rebaz
mazking the NE corner of said Lot 1 Block 1; thence N00°28'51" E a distance of
11.00 feet to the POINT OF BEGINNING;
Thence N89°31'09" W a distance of 199.44 feet to a point;
Thence N00°28'51" E a distance of 20.00 feet to a point;
Thence S89°31'09" E a distance of 57.83 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Thence S00°28'51" W a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 111.01 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 13.16 feet to a point;
Thence N00°28'51" E a distance of 341.92 feet to a point;
Thence S68°22'27" E a distance of 21.44 feet to a point;
Thence S00°28'51" W a distance of 340.19 feet to a point;
Thence S89°31'09" E a distance of 74.84 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision - VAC-03-003
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Thence S00°28'51" W a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 88.00 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Thence S00°28'51" W a distance of 26.00 feet to a point;
Thence N89°31'09" W a distance of 225.39 feet to the POINT OF BEGINNING.
Said easement contains 15816 square feet more or less and is subject to all
existing easements and rights-of--ways of record or implied.
3. The particular circumstances of the requested vacation is:
Pertaining to an unused sewer easement on Lot 2, Block 1 in Pack It Up
Subdivision, and which easement runs north and south through the middle of the
lot and on the southern boundary of the lot, and travels east and west like an
inverted "T", which sewer easement was placed in its current location when the
property was originally subdivided and the intent was to place mini-storage units
on Lot 2, Block 1. Sewer for the subdivision was to be brought in from the north,
through Lot 2, Block 1 (within the easement) to the lots with Overland frontage.
The mini-storage units were never completed and sewer was never installed
within the easement. The sewer main will not be needed within the easement to
service the lots within the subdivision, thereby eliminating the need for the
existing easement. Sewer service will be provided to these lots via mains located
within Overland Road. The elimination of the sewer easement will facilitate the
future construction of a building on Lot 2, Block 1.
4. The applicant shall obtain notarized approval of the easement vacations from
affected entities.
5. 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.
6. All publication costs have been paid by the petitioner.
The eliminafion of the sewer easement will facilitate the future construction of a
building on Lot 2, Block 1.
8. The Nampa & Meridian Irrigation District requires that all laterals and waste ways
be protected. The District's Nine Mile Drain courses along the east boundary of
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
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the project. This easement must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is started,
is unacceptable.
All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
The developer must comply with Idaho Code 31-3805.
9. The State of Idaho Transportation Department notes that Interstate 84 is
designated as a Type V access control. Type V access is applicable to state
highways accessible only by interchanges. No access to Interstate 84 will be
granted. Any change in access requires approval by FHWA.
DECISION AND ORDER OF VACATION OF AN UNUSED SEWER EASEMENT
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORTTY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
The following is the legal description of the existing unused sewer easement, of
the proposed Pack It Up Subdivision, and is hereby vacated:
Pack It Up Subdivision
A sewer and water easement to be vacated as shown in Lot 2 Block 1 of Pack It
Up Subdivision as it is recorded in Book 84 at Page 9360 of Plats located in a
portion of the SEl/4 of the SE1/4 of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho and more described as follows:
Commencing at a''/a inch rebaz mazking the SE comer of Lot 1 Block 1 of said
subdivision; thence N00°28'51" E a distance of 165.79 feet to a'/~ inch rebaz
marking the NE comer of said Lot 1 Block 1; thence N00°28'51" E a distance of
11.00 feet to the POINT OF BEGINNING;
Thence N89°31'09" W a distance of 199.44 feet to a point;
Thence N00°28'51" E a distance of 20.00 feet to a point;
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
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Thence S89°31'09" E a distance of 57.83 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Thence S00°28'51" W a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 111.01 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence 589°31'09" E a distance of 13.16 feet to a point;
Thence N00°28'51" E a distance of 341.92 feet to a point;
Thence S68°22'27" E a distance of 21.44 feet to a point;
Thence S00°28'51" W a distance of 340.19 feet to a point;
Thence S89°31'09" E a distance of 74.84 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Thence S00°28'51" W a distance of 6.00 feet to a point;
Thence 589°31'09" E a distance of 88.00 feet to a point;
Thence N00°28'51" E a distance of 6.00 feet to a point;
Thence S89°31'09" E a distance of 20.00 feet to a point;
Thence S00°28'51" W a distance of 26.00 feet to a point;
Thence N89°31'09" W a distance of 225.39 feet to the POINT OF BEGINNING.
Said easement contains 15816 square feet more or less and is subject to all
existing easements and rights-of--ways of record or implied.
2. The petition for the vacation of an existing unused sewer easement, is hereby
granted.
3. 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.
4. The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
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City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 this decision 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.
>~-
acrion of the City Council at its regular meeting held on the ~ day of
7~Tin~-~n~ , 2003.
ROLL CALL
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN Mc LANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE~TIE BREAKER)
DATED:~~~-67-67
Attest:
William G. Berg, Jr., City
Findings of Fact and Conclusions of Law and
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PAGE 8 OF 9
Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep~I~tamt~@Yi4'""'!~„
and City Attorney. \~o`~y OF t~E!';~.f ~~;,,
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BY.~ci~~~/,~ ! ~ DATED: ~'l0 ~~~ ~~~~
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STATE OF IDAHO, )
County of Ada.
ss.
On this ~'~ day of (,~~~ , 2003, before me, the undersigned,
a Notary Public in and for said State, p sonally appeared RAB£~B-C apd WILLIAM
G. BERG, JR, known to me to be~~e~ #Isye~ an City Clerk, respect~i~ve~y~ City of
Meridian Idaho and who execute a wlt ~'ri nis ~ ent and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
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Findings of Fact and Conclusions of Law and Order
of Vacation for Pack It Up Subdivision -VAC-03-003
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