HomeMy WebLinkAboutCedar Springs No. 3 VAC 03-005Interoffice
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Cedaz Springs No. 3 /VAC-03-005
Date: October 9, 2003
Will:
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 29-foot right-of--way
along the alignment of Venable Lane, pazallel to the newly platted right-of--way of Rhodes
Avenue for Cedar Springs No. 3, located west of North Meridian Road and north of West Ustick
Road, 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:\WorkVN\Meridian\Meridian I5360M\Cedar Sprgs No. 3 VAC-03-OOSCIerk VAC Ltr 10 09 03.do:
RECEIVED
OCT 0 5 2003
Z:\Work\M\Meddia¢VNeridian 15360M\Meridian Heed Start VAC-03-004\Clerk VAC Ltr 09 l6 03.dw
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/07/03
IN THE MATTER OF THE REQUEST FOR )
VACATION OF A 29-FOOT RIGHT-OF-WAY )
ALONG THE ALIGNMENT OF VENABLE )
LANE, PARALLEL TO THE NEWLY )
PLATTED RIGHT-OF-WAY OF RHODES )
AVENUE FOR CEDAR SPRINGS N0.3, )
LOCATED WEST OF NORTH MERIDLAN )
ROAD AND NORTH OF WEST USTICK )
ROAD, MERIDIAN, IDAHO )
HOWELL MURDOCH DEVELOPMENT, )
CORP., )
APPLICANT. )
CASE NO: VAC-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF A TWENTY- NINE FOOT
RIGHT-OF-WAY
This matter coming on regularly before the City Council at its regular meeting held on
October 7, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, and Darin Fluke, 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 Cedar Springs No. 3 -VAC-03-005
PAGE 1 OF 8
STATEMENT OF LEGAL AUTHORITY AND J[IRISDICTION
CONCLUSIONS OF LAW
Easements shall be vacated in the same manner as streets. {LC. § 50-1325}.
2. When a county or highway district desires the abandonment or vacation of any
highway, public street or publicright-of--way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions of Chapter 13, Title 50 Idaho Code {LC. § 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized form of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, firm,
association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no interment, or in the case of a cemetery being within
three hundred feet (300') of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. 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:
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedar Springs No. 3 -VAC-03-0OS
PAGE 2 OF 8
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 aze 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 famished 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
J-U-B Engineers, Inc., on behalf of the applicant, Howell Murdoch Development
Corp., filed a petition for the vacation of a 29-foot right-of--way along the
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedaz Springs No. 3 -VAC-03-005
PAGE 3 OF 8
alignment of Venable Lane, parallel to the newly platted right-of--way of Rhodes
Avenue for Cedar Springs No. 3 located west of North Meridian Road and north
of West Ustick Road, Meridian, Idaho, and which existing 29-foot right-of--way
was required to be vacated by the City of Meridian as a condition of approval of
the Cedar Springs Preliminary Plat, so that the subdivision lots located at the
western edge of the subdivision do not have frontage off of two streets. Prior to
the City of Meridian signing the Final Plat for Cedar Springs No. 3, the applicant
must submit evidence that the 29-foot right-of--way easement vacation has been
approved by all required agencies and authorities. The legal description of the
existing unused sewer easement, is the subject of this petition, is:
Parcel Description Right-Of--Way Vacation
That portion of the Southwest '/< of Section 36, Township 4 North, Range 1 West,
Boise Meridian, Meridian, Ada County, Idaho, as shown on the attached exhibit
and more particularly described as follows:
Commencing at the South'/ comer of Section 36, marked by a brass cap; from
which a 15-foot witness corner for the Center'/ bears North 00°27'49" East,
2,642.96 feet; thence along the Easterly boundary of the Southwest '/ of Section
36, North 00°27'49" East, 1,757.43 feet to the POINT OF BEGINNING;
thence North 89°32' 11" West, 29.00 feet;
thence Northerly along a line that is 29.00 feet West of and parallel to the Easterly
boundary of the Southwest Y of Section 36, North 00°27'49" East, 900.72 feet to
the Northerly boundary thereof;
thence along said boundary, South 89°09'38" East, 29.00 feet to the Center Y
comer of Section 36;
thence along the Easterly boundary of the Southwest Y of Section 36, South
00°2749" West, 900.53 feet to the POINT OF BEGINNING.
Containing 0.600 acres (26,118 square feet), more or less.
2. The particulaz circumstances of the requested vacation is:
The existing 29-foot right-of--way was required to be vacated by the City of
Meridian as a condition of approval of the Cedaz Springs Preliminary Plat, so that
the subdivision lots located at the western edge of the subdivision do not have
frontage off of two streets. Prior to the City of Meridian signing the Final Plat for
Cedaz Springs No. 3, the applicant must submit evidence that the 29-foot right-of-
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedaz Springs No. 3 -VAC-03-005
PAGE 4 OF 8
way easement vacation has been approved by all required agencies and
authorities, for Cedar Springs No. 3, located west of North Meridian Road and
north of West Ustick Road, Meridian, Idaho.
3. The applicant has obtained notarized approval of the easement vacation from
affected utilities.
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 because prior to the City of Meridian
signing the Final Plat for Cedar Springs No. 3, the applicant must submit evidence
that the 29-foot right-of--way easement vacation has been approved by all required
agencies and authorities.
DECISION AND ORDER OF VACATION OF A 29-FOOT RIGHT-OF-WAY
EASEMENT
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
The following is the legal description of the existing 29-foot right-of--way along
the alignrnent of Venable Lane, parallel to the newly platted right-of--way of
Rhodes Avenue for Cedaz Springs No. 3, located west of North Meridian Road
and north of West Ustick Road, Meridian, Idaho, and is hereby vacated:
Parcel Description Right-Of--Way Vacation
That portion of the Southwest '/< of Section 36, Township 4 North, Range 1 West,
Boise Meridian, Meridian, Ada County, Idaho, as shown on the attached exhibit
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedar Springs No. 3 -VAC-03-005
PAGE 5 OF 8
and more particularly described as follows:
Commencing at the South '/o wrner of Section 36, marked by a brass cap; from
which a 15-foot witness corner for the Center''/a bears North 00°27'49" East,
2,642.96 feet; thence along the Easterly boundary of the Southwest '/ of Section
36, North 00°27'49" East, 1,757.43 feet to the POINT OF BEGINNING;
thence North 89°32' 11" West, 29.00 feet;
thence Northerly along a line that is 29.00 feet West of and parallel to the Easterly
boundary of the Southwest % of Section 36, North 00°27'49" East, 900.72 feet to
the Northerly boundary thereof;
thence along said boundary, South 89°09'38" East, 29.00 feet to the Center'/<
comer of Section 36;
thence along the Easterly boundary of the Southwest '/ of Section 36, South
00°27'49" West, 900.53 feet to the POINT OF BEGINNING.
Containing 0.600 acres (26,118 square feet), more or less.
2. The petition for the vacation of a 29-foot right-of--way along the alignment of
Venable Lane, parallel to the newly platted right-of--way of Rhodes Avenue for
Cedar Springs No. 3, is hereby granted.
The City Clerk shall cause a copy of this order to be served upon the affected
utility holders, and the pefitioner, 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 Cedar Springs No. 3 -VAC-03-005
PAGE 6 OF 8
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 LANDLESS VOTED
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
Mayor Robert D. Corrie
Attest:
William G. Berg, Jr., City Clerk
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedar Springs No. 3 -VAC-03-005
PAGE 7 OF 8
Copy served upon Applicant, the Planning and Zoning DepaRment, 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 appeared ROBERT D. CORRIE and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
Z;\WodcN~fN4eridianVNeridiau 153601vi\Cedar Sprgs No. 3 VAC-03-0OSFICIOrdVac29FootRightofWay.dac
Notary Public for Idaho
Commission Expires:_
Findings of Fact and Conclusions of Law and Order
of Vacation for Cedar Springs No. 3 - VAC-03-005
PAGE 8 OF 8