HomeMy WebLinkAboutMeridian Head Start VAC RecordADA COUNTY RECORDER J. DAVID NAVARRO a
BOISE IDAN010l24~03 01:40 PM
DEPUTY Bonnie0berbillig III IIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIII
RECORDED-REQUEST OF
Meridian City 103181097
AMOUNT .00
BEFORE THE MERH)IAN 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)
MERIDIAN 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 FIF'I'EEN-
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 Department, 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. {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 {LC. § 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 petifion 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
descripfion 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 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:
1. 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 dedica5on 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 bylaw. 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 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 dedication.
To complete the acceptance of any dedication of land, the owner shall famish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
1. 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 4a' 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
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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. ACRD 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 vacafion 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 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 4`h 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 mazking the centerline of West Broadway
Avenue at the East Right-Of--Way line of said West 4th Street; thence South
00°00' 14" West 40.00 feet to the Northwest corner of said Block 6 being the
POINT OF BEGINNING; thence confinuing
South 00°00' 14" West 308.10 feet to the end of said West 4a' Street, thence
North 89°09'48" West 15.00 feet to the East line of the West'/~ of said West 4`h
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.
2. The particular 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
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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 ofbeing 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 thelast publication which was
not less than seven (7) days prior to the hearing.
5. All publication costs have been paid by the petifioner.
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 4a' Street
7. 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 ACHD
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
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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:
The following is the legal description of the existing dedicated 15-foot right-of-
way on West 4~' 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''/Z 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 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`~' 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 4a' Street, thence
North 89°09'48" West 15.00 feet to the East line of the West %2 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 squaze feet, more or less.
2. The petition for the vacation of a dedicated 15-foot right-of--way on West 4`h
Street for the Meridian Head Start, is hereby granted.
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
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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
/~(~D,(~-fit.. , 2003.
ROLL CALL
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN Mc LANDLESS
COUNCILMAN NARY
VOTED
VOTED
VOTED__
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)
DATED: lD- 7 03
Attest:
William G. Berg, Jr.,
Copy served upon Applicant, the
and City Attorney.
Public Works
BY~ ~~~ DATED: G ~ - -~O
City Clerk
STATE OF IDAHO, )
County of Ada.
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a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM
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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
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Findings of Fact and Conclusions of Law and Order
of Vacation for Meridian Head Start -VAC-03-004
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