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HomeMy WebLinkAboutMeridian Head Start VAC 03-004Interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Meridian Head Start /VAC-03-004 Date: September 22, 2003 Will: RECEIVED 5EP 2 2 2003 City Of Meridian City Clerk Office Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION, to vacate a dedicated 15-foot right- of-way on West 4a' Street for Meridian Head Start, located at 333 West Broadway Avenue, Meridian, Idaho. These Findings will need to be placed upon an upcoming Council agenda for their approval. If Council approves the Findings, then please send conformed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and any affected persons who placed a request. If you have any questions please advise. Z:1Work\M\Meridian~Yleridian 15360M\Meridian Head Start VAC-03-004\Clerk VAC IAr 09 16 03.dm BEFORE THE MERIDIAN CITY COUNCIL C/C 09/16/03 IN THE MATTER OF THE REQUEST FOR ) VACATION OF A DEDICATED 15-FOOT ) RIGHT-OF-WAY ON WEST 4TH STREET FOR) MERH)IAN HEAD START, LOCATED AT 333 ) WEST BROADWAY AVENUE, MERIDIAN, ) IDAHO ) FRIENDS OF CHILDREN AND FAMILIES, ) INC., ) APPLICANT. ) CASE NO. VAC-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF A DEDICATED FIFTEEN- FOOT RIGHT-OF-WAY This matter coming on regularly before the City Council at its regular meeting held on September 16, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Departrnent, and Doug Cooper, 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. STATEMENT OF LEGAL AUTHORITY AND NRISDICTION CONCLUSIONS OF LAW Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 1 OF 8 Easements shall be vacated in the same manner as streets. {I.C. § 50-1325}. 2. The vacation of easements were accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. § 40- 203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particulaz circumstances of the requests to vacate; contain a legal description of the platted azea 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 azea 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 wuncil may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. § 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 2 OF 8 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 fifreen (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 bylaw. The Council may approve, deny or modify the application. Whenever publicrights-of--way or lands aze vacated, the Council shall provide adjacent property owners with aquit-claim deed for the vacated rights of way in such proportions as are prescribed bylaw. 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 dedicafion. 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 Sherry McKibben on behalf of Natalie Monaghan representing Friends of Children and Families, Inc., filed a petition for the vacation of a dedicated 15-foot right-of--way on West 4`~' Street for Meridian Head Start located at 333 West Broadway Avenue, Meridian, Idaho, and which existing right-of--way was originally dedicated on the 1903 plat for West View Addition, and was known at that time as Young Avenue. In 1961, the west half of the Young Street right-of- way (15 feet) was vacated by the City of Meridian and quitclaim deeded to the Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 3 OF 8 adjacent property owners to the west. The subject application would vacate the remaining east half of the right-of--way. The remainitg 15 feet ofright-of--way dead ends at the railroad tracks and has no chance of being extended as a street in the future. Theright-of--way has never been opened by ACHD and has existing mature trees within it. ACHD has no objection to the proposed vacation. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the formal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACRD has also consented to the application by a notarized affidavit of legal interest. The subject property to be vacated is located on the south side of W. Broadway Avenue, in line with West 4a' Street. The legal description of the existing unused sewer easement, is the subject of this petition, is: Meridian Head Start A parcel of land being the East % of that portion of West 4a' Street (formerly Young Avenue) lying west of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada County records. Said parcel being more particulazly described as follows: Commencing at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of--Way line of said West 4`h Street; thence South 00°00' 14" West 40.00 feet to the Northwest corner of said Block 6 being the POINT OF BEGINNING; thence continuing South 00°00' 14" West 308.10 feet to the end of said West 4th Street, thence North 89°09'48" West 15.00 feet to the East line of the West'h of said West 4`" Street; thence along said East line North 00°00' 14" East 307.89 feet to the South Right-Of--Way line of said West Broadway Avenue; Thence along said South Right-Of--Way line South 89°58'30" East 15.00 feet to the POINT OF BEGINNING. Said parcel contains 4,620 squaze feet, more or less. The particulaz circumstances of the requested vacation is: The vacation of a dedicated 15-foot right-of--way on West 4`h Street for Meridian Head Start located at 333 West Broadway Avenue, Meridian, Idaho, and which existing right-of--way was originally dedicated on the 1903 plat for West View Addition, and was known at that time as Young Avenue. In 1961, the west half of the Young Street right-of--way (15 feet) was vacated by the City of Meridian and Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 4 OF 8 quitclaim deeded to the adjacent property owners to the west. The subject application would vacate the remaining east half of the right-of--way. The remaining 15 feet ofright-of--way dead ends at the railroad tracks and has no chance of being extended as a street in the future. The right-of--way has never been opened by ACHD and has existing mature trees within it. ACHD has no objection to the proposed vacation. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the formal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACHD has also consented to the application by a notarized affidavit of legal interest. The subject property to be vacated is located on the south side of W. Broadway Avenue, in line with West 4`h Street. The applicant shall obtain notarized approval of the easement vacations from affected entities. 4. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the formal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACHD has also consented to the application by a notarized affidavit of legal interest. The subject property to be vacated is located on the south side of W. Broadway Avenue, in line with West 4"' Street Prior to issuance of any building permits that encroach into the area to be vacated, the applicant must submit a relinquishment letter or Quitclaim Deed from ACRD and any applicable utility companies to the City of Meridian. 8. The Nampa & Meridian Irrigation District's Rutledge Laterals and Nine-Mile Drain course along the south boundary of the property with recorded easements. These easements must remain intact and protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 5 OF 8 DECISION AND ORDER OF VACATION OF AN UNUSED SEWER 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: 1. The following is the legal description of the existing dedicated 15-foot right-of- way on West 4a' Street for the Meridian Head Start, located at 333 West Broadway Avenue, Meridian, Idaho, and is hereby vacated: Meridian Head Start A parcel of land being the East % of that portion of West 4a' Street (formerly Young Avenue) lying west of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada County records. Said pazcel being more particularly described as follows: Commencing at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of--Way line of said West 4`h Street; thence South 00°00' 14" West 40.00 feet to the Northwest comer of said Block 6 being the POINT OF BEGINNING; thence continuing South 00°00' 14" West 308.10 feet to the end of said West 4`h Street, thence North 89°09'48" West 15.00 feet to the East line of the West'/= of said West 4a' Street; thence along said East line North 00°00' 14" East 307.89 feet to the South Right-Of--Way line of said West Broadway Avenue; Thence along said South Right-Of--Way line South 89°58'30" East 15.00 feet to the POINT OF BEGINNING. Said parcel contains 4,620 square feet, more or less. 2. The petition for the vacation of a dedicated 15-foot right-of--way on West 4a' Street for the Meridian Head Start, 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 Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 6 OF 8 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 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. By action of the City Council at its regular meeting held on the day of 2003. ROLL CALL COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN Mc CANDLESS VOTED COUNCILMAN NARY VOTED Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start'- VAC-03-004 PAGE 7 OF 8 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: Mayor Robert D. Come Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY: City Clerk STATE OF IDAHO, ) ss. County of Ada. ) DATED: On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeazed ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) Notary Public for Idaho Commission Expires: Z:\Work\M'~Ivleridian\Ivieridian 15360MVMeridian Head Sfar[ VAC-03A04\FfC10rdVacOkDedicafedlSFoo[Righ[ofWay.doc Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start -VAC-03-004 PAGE 8 OF 8