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Home My WebLink AboutWhitestone Estates No. 3 VAC 99-007• r CITY OF MERIDIAN 33 E. Idaho Street, Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-4813 RECEIVED OCT 0 7 1999 CITY OF MERIDIAK CITU rl FRK nr7r- VACATION APPLICATION VAC - 9 q -,`If 007 (RE: Meridian Zoning Ordinance) APPLICANT: M)0(11�cbALIkUb.sP&,-%f„J-i61L.&.3 HONE: 20� 976-c133 ADDRESS: S N . c. Qo� S �, 83 i t `( OWNER: Wtit-ji-so-*- �btyScz/"L-k-Co LC PHONE: GENERAL LOCATION: Vlit ►�S � �.,$ �,, Jt s i V\) • Pt, L 1 t 11E - LEGAL DESCRIPTION OF PROPERTY: \ Jtit-as 4swL 3 L- 5 6 , (x,13 Qucw 7 PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: V11 I VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require (30 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attached. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. Fee in the amount of $225.00 + $1.73/notice. DESCRIPTION OF ff.1X4 U111901 Signature: A 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527380 DATE: June 5, 1996 Revised: June 3,19^6 DESCRIPTION FOR KELLY PROPERTY LYING BETWEEN THE SOUTH RIGHT-OF-WAY OF TEN MILE DRAIN AND THE NORTH RIGHT-OF-WAY OF THE KENNEDY LATERAL A PORTION OF THE EAST -HALF OF THE NORTHEAST QUARTER SECTION 14 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the East -Half of the Northeast Quarter of Section 14, Township 3 North, Range 1 Wcst, Boise Mcri4ian, Meridian, Ada County, Idaho, and more particularly described as follows: . . 14 Beginning at an iron pin marking the Northeast corner of the said Northeast Quarter of Section 14; thence along the Easterly boundary of the said Northeast Quarter of Section14, said Easterly boundary also being the ccntcrlinc of South Lindcr Road, South 00°33'08" West 578.41 feet to an iron pin; thence leaving said Easterly boundary and ccntcrlinc, and along the Southerly right-of-%vay of Tcn Mile Drain, South 78"14' 15" West 680.24 feet to an iron pin marking a point of intersection of the said Southerly right -of --way of Ten Mile Drain, and the Westerly boundary of Van Hccs Subdivision as filed for record in the orrice of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222, said iron pin also being the REAL POINT OF BEGINNING; thence leaving said Southcrly right -of --way of Ten Mile Drain, and along the Westerly boundary ofsaid Van Hccs Subdivision, South 00°33'43" West 1095.91 feet to a point on the Northcrly right-of- way of the Kennedy Lateral; thence ]caving said Westerly boundary, and along the Northerly right-of-way of said Kennedy Lateral the following courses and distances; thence North 89026'17" Wcst 129.79 feet to a point; thence South 74°22'13" West 400.90 feet to a point; thence North 84003'01" West 50.22 feet to a point; thence North 89025'42" West 100.00 feet to a point on the Westerly boundary of the said East - Half of the Northeast Quxttcr of Section 14; thence leaving said Northcrly right-of-way and along said Westerly boundary, North 00°34' 18" East 1048.48 feet to an iron pin on the said Southerly right-Gl:way of Ten Mile Drain; thence leaving said Westerly boundary and along said Southerly right-of-way the following courses and distances; thence North 75007'43" East 689.47 feet to an iron pin; Pnciric Lind Surveyors, n divisiun or POWER Engineers, Inc., on Idaho Corporation 0 0 WHITESTONE ESTATES NO.'3 1/2 MILE VICINITY MAP Mr. Gary Inselman Ada County Highway District 318 East 37th Street Boise, Idaho 83714 i 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way ightof-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, za divisi n of POWER Inc. KLJ:smg Keith L. Jacobs, Jr., P.E. Enclosures Ada County Highway District supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PIS-BO1 32-002 Designated Ada County Highway District Representative Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation WHITESTONE ESTATES NO.* 3 1/2 MILE VICINITY MAP 9 WHITESTONE NO.3 - EASEMENT VACATION PROPERTY OWNERS WITHIN 300' WHITESTONE DEVELOPMENT CO LLC HUMPHERYS EVALINE LIFE ESTATE 345 S LINDER RD MERIDIAN ID 83642-6107 WHITESTONE DEVELOPMENT CO LLC VAN HEES BUILDERS INC 8850 N GADWALL LN BOISE ID 83714-1288 W MERGANZER DR 524 S MOONSTONE WAY 549 S LODESTONE AVE SHAKOORI MIRAZIM & AFSAR ALIASGARI CASTRO VALLEY BP SERVICES 3519 CASTRO VALLEY BLVD CASTRO VALLEY CA 94546-4401 W FRANKLIN RD HAGADONE RONALD S & HAGADONE CATHY L 1837 W MERGANZER DR MERIDIAN ID 83642 ACKLEY FRED M & ACKLEY MARILYN L 433 S LODESTONE AVE MERIDIAN ID 83642 443 S LODESTONE AVE LOREE TODD A & LOREE SHANNON 1887 W MERGANZER DR MERIDIAN ID 83642 STORMOEN DEREK L & STORMOEN GORANE 478 S MOONSTONE WAY MERIDIAN ID 83642 HARTSHORN LUTHER AND KAYS AGNES 465 S LINDER RD MERIDIAN ID 83642-6107 BURGESS TIMOTHY AARON & ANITA LYNN 1905 W MERGANZER DR MERIDIAN ID 83642 QUINN MATJRICE H III & QUINN JILL D 1923 W MERGANZER DR MERIDIAN ID 83642 490 S LODESTONE AVE CONTRYMAN BRIAN L & CONTRYMAN LISA V 475 S LODESTONE AVE MERIDIAN ID 83642 MILLER STACY C & MILLER ANGELA S 1850 W PINTAIL DR MERIDIAN ID 83642 MARTINDALE TONY 506 S MOONSTONE WAY MERIDIAN ID 83642 BREWER CONSTRUCTION INC PO BOX 156 MERIDIAN ID 83680-1210 1884 W PINTAIL DR CHEESBROUGH GREGG P & JOYCE 501 S LODESTONE AVE MERIDIAN ID 83642 KERBY MICHAEL S AND GIESA-FUESS KATHRYN M 1906 W PINTAIL DR MERIDIAN ID 83642 BRADSHAW DENNIS B & BEVERLY J 485 S LINDER RD MERIDIAN ID 83642-6107 BENKOVICH SANDRA C 1924 W PINTAIL DR MERIDIAN ID 83642 KINAKH VLADIMIR & KINAKH LUDIMILA 525 S LODESTONE AVE MERIDIAN ID 83642 -Er69'S��bf �il�'R' �Z�.Cltli7GQ/L� 515 S L ER RD DIAN ID 83642-6101 WRI.TESTONE DEVELOPMENT CO LLC 410S CHARD ST SUITE #1 BOISE ID 837 2I0 W PINTAIL DR WHITESTONE DEVELOPMENT CO LLC COMMUNITY PROPERTY MANAGEMENT 9550 W BETHEL CRT BOISE ID 83709 W PINTAIL DR JOINT SCHOOL DISTRICT NO 2 911 N MERIDIAN RD MERIDIAN ID 83642 W PINTAIL DR 1860 W WALTMAN ST MITTLEIDER STEVEN R & PAMELA A 635 S LINDER RD MERIDIAN ID 83642-6101 SIMONS BILL & CHARMAYNE E 675 S LINDER RD MERIDIAN ID 83642-6101 L' 0 C.0% nECORDER ;. JAoli't lli.VAP.RO •^ BOISE t G0 A Pioneer Company �lOtdlrEFi T1'iLE PIONEER TITLE COMPANY OF ADA COUNTY AWN 10 P(� ti 44 8151 W. Rifleman Ave / Boise, Idaho 83704 / (21 .27( FEED i RECORDS QUEST OF READ AND APPROVED BY WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED J. PERRY KELLEY AND SALLY R. KELLEY, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey unto WHITESTONE DEVELOPMENT COMPANY, L.L.C. the Grantce s , wliosc currcnt address is: 410 S. ORCHARD #124, BOISE, -'ID 83705 the following described real properly in ADA County, State of Idaho, more particulary described as follows, to -wit: . SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee a , and Grantee a heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantees , the Grantors are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee s ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever. cd: June 7 96 J. E KELL Y SALLY -LEY STATE OF-IDARO , County of ADA _ss. On this 07 day of"d vyy,LS f f '1 in the year ofd 925, beforu me CANDY KIRKES %' Q a notary public, per- sonally appeared- .•eASALLY R. _.KELLEY known or identified fo or -arose name z_ _are subscribed to the within instrument, and acknowledged to me 0 Qighcxoalcamc. % r /) 000*S40 9yJ-* Notary ,, RcsiJingoll'BOiSl:._-IDAHO, My Commission Expires: I/�/ i — ADA COUNTY RECORDER J. DAVID NAVARRO InAlio HtGUKUtU-KLUUL Ut FEEILTY 1999FE22 Ali 9:40 • 99016924 IDAHO POWER COMPANYIDAmo powR CO.' Partial Release of Easement WHEREAS, by platted subdivision easement recorded in Book 75, Pages 7742 and 7743 in the records of Ada County, State of Idaho, Whitestone Estates Subdivision No. 2, granted to IDAHO POWER COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power line facilities upon the,following premises located in Ada County, State of Idaho, to -wit: A portion of Lots 7 and 8, Van Hees Subdivision and a portion of the West 0 of the Fast 0 of the NEY4 Section 14, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREFORE, in consideration of the premises, IDAHO POWER COMPANY does hereby release and abandon that certain portion of the Easement over the following described lands: A portion of land lying within Wh"estone Estates Subdivision No. 2, of Lot 4, Block 7 which is called out as parcel 1 shown on Exhibit "A " and a portion of Lot 7, Block S which is called out as parcel 3 shown on Exhibit "A ". Therefore, this relinquishment shall become effective upon the recording of g%itestone Estates Subdivision No. 3 and when the electrical facilities contained within parcel 1, 2, 3 & 4 shown on Exhibit "A " are relocated to a location agreed upon by Idaho Power Company and Whitestone Partnership. It is also understood that the cost associated with the relocation or replacement of existing easement and facilities shall be borne by the developers of 9%liestone Estates Subdivision No. 3 with the approval of Idaho Power Company and this relinquishment is not effective until those costs are recovered by Idaho Power Company. ALL RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be exeputed by its proper officers thereunto duly authorized this l9IV day of February, 1999. IDAHO POWER COMPANY f BY R.C. Hillman; Manager Real Property Management •:pWtld.doo SENT BY: XEROX 2_; • 3-30-99 3:30PM; 208 378 6318 => Mr. Bary Smith, City Engineer City of Meridian 200 Fast Carlton Avenue, Suite 100 Meridian, ID $3642 2088871297; J Hoi-w. If) 113711) 1208) 37X-6387 Fus i Sus: ,i7K Ctl)i January 24, 1999 Subject: S49340-01 Proposed Whitestone.Estates Subdivision No. 0, Utility Easement Vacation Dear Clary: On behalf of Mr. Larry Van Hers. Whitestone Development Company, t request that you concur with Mr. Van Ilees* desire to vacate the utility easement% south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. Van Hees' desire. When Whitestone Estates Subdivision No. 2 was recorded. the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility casement Meridian Schwl District has since purchased the property south of the Kennedy lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitcstone Subdivision No. 3 have been reconfigured and South Lode tone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodcstone Avenue right-of-way and within existing utility casements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER fin ee rs, Inc. KIJ:smg eit)t .. Jaco r., �P.E)/ fnclosurc-s 'fie City of Meridian supports Mr. Van iices' rcquast to vacate the utility easement% located in the vacated portion of South Moonstone Way and South Lodestone Ave ue tight -of -way. Designated Ci& of Meridian Re. msentativc _.._.........__ I'1 �.tte 11 .12-02 P.wai, a jo-imost tit Iti)WER Uvii oa - Ir:c.. at1 With-- l':u.;nn.;tdln #1/2 03-26-99 18:16 U8 WEST EN6ID-2083858085 P01/61 .curt ui• �-10—.7� •1JC1Y rvprlC riva s y l0&M3808b:* :2/ 8 X85-a:t��0 Z. jok 1295 S. Fsgu 1Mi6ttt Wry ttoiw m 13709 (2(*) 378.6387 Rax =) 378-0025 Jmwy 24,1999 Mr..Btttoe Watson u S. West 999 Main Stmt, 9& Floor Boise. Idaho 83702 SuNecx: 549340.01 Plopasod Whiteatone Estates SubdiVWon No. S,U6* F.aseoient Vacation Dear Mr. Wawa: On b halfof Mr. Larry van Hcca, Whkestone Developa = Compeorry, I request that you ooneur with Mr. Van Hees' desire 10 vaeau the utility vowm nts south of west Pintail Drive on $outh Moonswne Way =4 South l odes' n ne Avcmue. Your sigllatume below will sipify that your txxoplmy cone= with Mr. VanlRece desi m When Whittst = Edam Subdivision No. 2 vias locoodt:d, the utility eesemtnets were k=W outside the ti& of-w9y of South Lodcstanr Me= and South Mine Way south of Wcsr Pintail Drin in a 10 -fiat Wide ad* eas=ent Meted m School District has since purc ood. the property south of the Kennedy I,aMW and does not want either South i odesa= Avem or Boutin Moomme Way to contlaw south to thdr ptopaty. 11wr+efmiB, the rider -of -wary and Its lines of'Whhestone Subdivision No. 3 have been reconfigumd and South Lodestmu Avenue and South Moonstone Way will be vacated south of West Piimil Drive as shown on the andond map. Existing utilities located in the vacated portion of South Moorzl=e Way and South Lodestone Avenue rift -of -way wW within existing utility easements will be relocated to the lxonfigured ries-cf way and utility easements. The enciogad vicinity map shows the locasion of the subdivision on South Under Rotd, McMaa. Pkasa sign bolow and nun to Pacific Land Stuveyars as soon as possible in the seif-addreaW moped cnvctope. Please fed free to call tele if you have any questions. We appreciate your time and cons idautioa of this request. S-aoaeusly, PACIFIC LAND SURVEYORS, Kt,i_-srag ofPO lnc Y6 Jr. P.L•. leadaanurs U. S. West supports W. Vale Hoes' mquea to vacat: the utility aasca1e11ts located in the vacalod portion of South Moonstaw way aid South Lodenont: Avenuo rigbt-of-wsy. s .aCII/r U. Reprt cn=dvc PMIKX 3214M PtdIIc tvr! Sm viCyft�, � saivision of I'Ow�t %1�iYtltx. Gee.. �n Ids�a Grpurucioa 03-26-99 16:12 T0zUS WEST ENO FROM!208 378 6025 P02 A-9CEIVED 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 r PadC (208?319-395 January 24, 1999 PLS Mr. Mark Pfeiffer TCI Cablevision 8400 Westpark Boise, Idaho 83704 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Pfeiffer. On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way ightof-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER ' ears, Inc. KLJ.smg Keith L. JacoN Jr., P.E. Enclosures TCI Cablevision supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PIS-BOI 32-002 Designated T CI Cabl�ision presentai lve Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 0 1295 S. Eagle Flight Way Boise. ID 83709 r20RI 172-A4017 _ January 24, 1999 • •••. two/ �/b-UULS W. Jim Renner Intermountain Gas Company 555 South Cole Road Boise, Idaho 83705 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Renner. On behalf of Mr. Lary Van Hees, Whitestone Development Com Hees' desire to vacate the utility easements south of West Pintail Dryve'oonn South Wayuest that You concur � .Van Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desiSou th When Whttestone Estates Subdivision No. 2 was t+econd of -way of South Lodestone Avenue and South Moonstone Way south the utility of West Pintail Drive ents were located outside the right - utility easement. Meridian School District has since urs m a 10 -foot verde does not want either South Lodestone Avenue or South Moonstone one Way south ewsouth to e Lateral and Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured South Lodestone Avenue and South Moonstone 'way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located. in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right -of --way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have an Sons. We appreciate your time and consideration of this request. Y Sincerely, PACIFIC LAND SURVEYORS, a division of PbWER Engineers, Inc. KLJ:sing /� � Enclosures PithL.acobs, Intermountain Gas Company supports Mr.Van Hees, request to the utility vacated portion of South Moonstone Way and South Lodestone Avenue right-of-waents located in the PISBOI 32-002 Pacific Land Surveyors, a division of POWER Engineers. Inc., an Idaho Corporation V C,� V}xO�Cp .pp.� _�9 t.O 1�� {yr�yO- .- _.� `V GBS <� £b§ mi �.ib W� Fis rcOV Cj " �SG FF lar 31 FO C4 w dO RM. crim. m .:O.ii` S ,I. of NOMWORM SZM NVA I I 1 — — — — — l9'l9! M' ..fti.ff.00 s 1 O I s,O a s ,�• � ,m N I �' �O ,. K'A' � 10� � j'".a M�•ff Y,��Y�� 4ir - W g b ss:_z y k4O�kEaaaa e 14 11 it / 9 Z .9a .azo v .� ZL.iO N_ tl122M2Y1NH222Hi22 \ /��\ �\�. '�� •Z6'90t..3 «4t.1fA0 N :r "":m� r n Vii. O A N N 1 YY Q W VPH MI NNN�N MEN- � a�i �ennnq ana ZlAil '66 3 ..21AT.00 N � a k N \\ / / . \ o. M W. _ fill \\ R 1 IuW o ��\N �`!�gih .�ya,ynto',nftlo•��g+ 1 4 I I i, 0'�' Yf'ftl 3 „41.fC00 N Yi 4 INO L— — — — — -/ :1 t ro^C .lt•l "� 3" .OQyr u •.I • .w"r 6 3LON. t i 3e I8nN7A1 8No1SaQ07 s �Flt•It -3 11,10.10 NISIY �� ,I r i3 I / • w I — — — — — — 2 lot Is bpi i7f = i 3 ws Wto n . �a biom —_ — — 66'9S9Z 3 .81,11,00 N H 00'091 3 ..91.K.00 N s L11 NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 16, 1999, for the purpose of reviewing and considering the application of Whitestone Development for a Vacation of Public Utilities and Drainage Eastments on Lots 5,6,12,13 Block 7, Whitestone Estates No. 3 Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 22nd day of October, 1999. PUBLISH October 29 and November 12, 1999.OF J" f WILLIAM G. BERG, J CLERK 014 's fi SEAL = MERIDIAN PLANNING & ZONING MEETING: OCTOBER 12 1999 APPLICANT: ITEM NUMBER: 16 REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED VACATION APPLICATION FROM P&Z ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 11 0 MERIDIAN CITY COUNCIL MEETING: DECEMBER 7, 1999 APPLICANT: WHITESTONE DEVELOPMENT, LLC AGENDA ITEM NUMBER: REQUEST: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5 6 12 AND 13 OF BLOCK 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: �Qtj (-� fl. ILLkj CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. interoffice ,�,� MEMORANDUM To: Mayor Robert D. Corrie;C,'l , and William G. Berg, Jr. From: Wm. F. Gigray, III Subject: Whitestone Estates Subdivision No. 2 Vacation / VAC -99-005 Date: December 7, 1999 J CITE' OF xa�lDvL This memo is to advise you on the above vacation application. This matter is set on the City Council agenda for their December 7, 1999, meeting, but please note to date we are still waiting to obtain the Relinquishments from the appropriate utility companies involved with the matter. We do have the Findings of Fact and Conclusions of Law and Order of Vacation of Utility Easement completed, but we need to attached the above Relinquishments, and therefore we will hold the Findings until we obtain all of the necessary Relinquishments from the Public Works Department. If you have any questions please advise. msg/ZAWork\NI\Meridian 15360M\Whitestone Est\MayorGerkCounci1120799.Mem • November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: WHITESTONE DEVELOPMENT, LLC ITEM #: 18 REQUEST: VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12,13 - BLOCK 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE RECOMMENDATION ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 • BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The Request For EASEMENT VACATION IN WHITESTONE ESTATES SUBDIVISION #3 WHITESTONE DEVELOPMENT CO. LLC, Applicant Case No. VAC -99-005 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is south of West Pintail Drive on S. Moonstone Way and S. Lodestone Avenue and is generally located in Whitestone Estates Subdivision No.3 in Meridian, Idaho. 2. The owner of record of the subject property is White Stone Development Co., LLC of Boise Idaho. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Low Density Residential (R-4). The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(3). 5. The proposed site of the requested easement is south of W. Pintail Drive on S. Moonstone Way and south Lodestone Avenue. 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - I EASEMENT VACATION - BETWEEN LOT 8 9,- LOeK 8= AiiEEi?7Tli A l�T l�nrrl�T� By 4T A" I r. F, TT T7 i r.n 0 0 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. S. The Applicant requests the easement vacation because the Meridian School District has purchased the property south of the Kennedy Lateral and does not desire S. Lodestone Avenue nor S. Moonstone Way to continue south to their property. Therefore, the right-of-way and Lot Lines of Whitestone Subdivision No -3 have been reconfigured. Existing utilities located in the vacated portion of S. Moonstone Way and S. Lodestone Avenue right-of-way and within existing utility easements will be located to the reconfigured right-of-way and utility easements. 9. There are no significant or scenic features of major importance that affect the consideration of this application. 10. The applicant will obtain notarized approval of the easement vacation from affected utilities. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested easement vacation as requested by the Applicant for the property described in the application. ey/Z:\Work\M\Meridian 15360M\Whitestone Est\EasernentVac.wpd RECOMMENDATION TO CITY COUNCIL - 2 EASEMENT VACATION - Meridian City Council M*g • November 16, 1999 Page 40 Item 18? Raise your hand. One? Okay. That's all right. No. 19? Okay. 20? Just trying to look at time here to see if — 21? 22? 23? Okay. 25? Bentley: 24. Corrie: And 26? So we have — is that 19 or 20 that you were, back in the back? 18? Okay. 18. Okay. Let's — I'll entertain a motion for about a five-minute break. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded for a five-minute break. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 18. PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12, 13 BLOCK 7, WHITESTONE ESTATES NO. 3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC — NORTH OF WEST FRANKLIN ROAD AND WEST OF SOUTH LINDER ROAD: (Where upon meeting was in recess at 9:12 p.m.) Corrie: Okay. 9:20 reconvene the City Council, Item No. 18. Is a public hearing, a request for a vacation of public utilities and drainage easements on lot 5, 6, 12, 13, block 7, Whitestone Estates No. 3 Subdivision by Whitestone Development. So I'll open the public hearing on Item 18. Staff, comments first. Yeah. That's you, Shari or Gary. Stiles: Mr. Mayor and Council, this is for a vacation of easements. The Whitestone Subdivision was originally proposed with stub streets going to the south. The Meridian School District has since taken that property to the south where an elementary school and when they replatted it, the county engineer required them to leave the existing easements on the plat for these four lots and that's what they're asking for is vacation of those previously approved easements. Corrie: Gary. Smith: Mr. Mayor, Council members, typically we receive from each of the affected utilities a signed statement, notarized signature, indicating that they relinquish their rights to these easements. Mr. Gigray has some information for Meridian City Council M469 • November 16, 1999 Page 41 you this evening on the State statute requirements for vacation of these easements. Since this is part of a previously recorded final plat, Bill has explained to me that these statutes would apply as they are written, and somewhat simplifies the process for vacating of these easements. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, since this is part of — these easements are part of the plat, it appears that the procedure that you would follow is in the subdivision statutes of the State which is under 50-1306A, Subsection 5 which requires on vacation that upon receipt of agreement in writing of the persons who hold of the easement rights that you're in a position where you could proceed to grant the application for vacation, and I believe that's what the Public Works Director said is on file and part of the record. Makes a difference, this is always very kind of dicey because if it isn't in a plat, then we have to follow a completely different procedure that's more cumbersome. Corrie: Okay. Thank you. Is there anybody from the public that would like to issue testimony on the Item No. 18, request for a vacation of public utilities and drainage? Ackley: (inaudible) *** End of Side 2 *** Ackley: -- or what it involved. Corrie: Okay. Your name, please. Ackley: Fred Ackley. Corrie: Okay. A -C -K -L -E -Y? Ackley: Yep. Corrie: Okay. Ackley: So is this for the utilities that are — Corrie: Right. This is for the public utilities and drainage easements on one, two, three, four lots in Block 7. Ackley: Right. But it's for putting in the elementary school that they're going to vacate that section of it, or — Smith: Mr. Mayor. Meridian City Council M09 • November 16, 1999 Page 42 Corrie: Mr. Smith. Smith: Mr. Mayor, Council members, originally when the Whitestone plat was platted, recorded, the developer showed two streets extending to the south into the area that's now occupied or will be occupied by the school. These two stub streets are the item of the vacation request. Because when the property was sold to the school district by the developer, then these stub streets were no longer needed because they're accessing the property off of the street to the south, Waltman, correct? So these two stubs were not needed. The lots along the north boundary of this school district property then were replatted, and the replat was required by the county engineer to show these previously recorded rights -of -ways as an easement. So this process that's being requested now is to vacate those easements, and so the recorded plat of the amendment to this section of the previously recorded plat will, this process will eliminate those easements. Ackley: Okay. Corrie: Thank you. Anyone else like to issue testimony at this point? Okay. If there's no other testimony, I'll entertain a motion to close the public hearing on Item No. 18. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 18. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain a motion for Findings of Facts and Conclusions of Law to be drawn up. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we instruct the city attorney to prepare Findings of Facts and Conclusions of Law and a Decision of Order reflecting favorably on this vacation. Bird: Second. Meridian City Council M*g November 16, 1999 Page 43 Corrie: Motion's made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law with approval of the request for vacation. Any further discussion? Hearing none, roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 19. PUBLIC HEARING: REQUEST FOR VACATION OF TWO 10 - FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: Corrie: Item No. 19 is a public hearing: Request for vacation of two 10 -foot wide public utility easements by W.H. Moore Company, Lots 5 and 6 of Block 1, Meridian Business Park. I'll open the public hearing. Staff, comments? Stiles: Mr. Mayor and Council, this is for vacation of those easements. They would be located south of — west of East 5th and south of Bower Street on — actually, it would involve four lots instead of just the two that are shown there. Corrie: Shari, we can't see what you're — Stiles: I believe those easements — there's a five-foot public utility easement on the south side of these two lots, and then another five-foot easement here, and then another five-foot easement on each side of this property line. And they're requesting vacation of those easements so that they can construct a single building using these three lots. Corrie: Gary, same situation? Smith: Yes, Mr. Mayor and Council members. It's a similar situation. I do have the relinquishment of easements from the affected utility companies in possession. JV I,F A- -K— 1. Eownnav JULIE K -1`111— W `111 aW.,. FG -J,, D.—OJ11— W1w—A..— CxBi.—p... S. NY, P10111 A. PErex- 5rerxr L. Pxu..a E—S. RUI— ToOOA. Ruanntu+ R —I.. RurxEuoao TEiwE . W.I. "William G: Berg; City Cleric Meridian City Hall 33 East Idaho Meridian, Idaho 83642 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMFA, IDAHO 83653-0247 T. (2118)166-92]2 Fn (208)/664605 E-MAIL: WFG@WPPMG.COM November 12, 1999 MERIDIAN OFFICE 21X1E CAPLIOx A— SNn131 PosiO-Fl Box 1150 MF.RIDLVI, IDAHO 836811-1150 TEL.(208)288.2— FAX(208)288-2501 PLBASEREPLT. M-.- 0F}10E REaETV-ED NOV 12 1999 CITY OF MERIDIAN Re: 1. VACATION EASEMENT BY WHITESTONE DEVELOPMENT, CO., LLC (VAC -99-005) 2. ANNEXATION AND ZONING BY WOODBRIDGE COMMUNITY, LLC (AZ -99-020) Dear Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on November 16, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, �S en R Verford Enclosure msg/Z:\Work\M\Meridian 15360M\Whitestone EstWity0konRecs ` ECORDED- REQUEST 0' ADA COUNTY R00R0ER J. DAVID NAVARRO � qt" �� 1Dr'��f0 FEE DEPUTY io 2000 NR - 2 PM 1= 2 0 4M00015951 FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR EASEMENT VACATION IN WHITESTONE ESTATES SUBDIVISION NO. 2., LOT 4 - BLOCK 7 AND LOT 7 - BLOCK 5 WHITESTONE DEVELOPMENT CO., LLC, APPLICANT 12-14-99 CASE NO. VAC -99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 16" day of November, 1999, at the hour of 7:00 p.m., and Gary Smith, City Engineer, appeared 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 — Page 1 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 Y STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. § 50- 13251. 2. The vacation of an easement which was 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 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 cleric. 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 (300) feet 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 (300) feet 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 Findings of Fact and Conclusions of Law and — Page 2 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 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. {I.C. § 50-1306A (1), (2), (3) and (5)} 4. Pursuant to § 9-611 A 2. a. and b. 1. of the Meridian Zoning and Development Ordinance it provides as follows: Commission Recommendation: The Commission shall review the request and all agency response and make a recommendation to the Council for either approval, conditional approval, or denial. Council Action - When considering an application for the 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 a quit -claim deed for the vacated rights-of-way in such proportions as are prescribed by law. FINDINGS OF FACT Whitestone Development Co., LLC, of 8850 N. Gadwall, Boise, Idaho, 83714, is a legally recognized form of business in the State of Idaho. {see Chapter 6 of Title 53 Idaho Code} 2. Whitestone Development Co., LLC, owner of the property, filed a petition for the vacation of all utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue as dedicated in Whitestone Estate Subdivision No. 2. 3. The legal descriptions of the utility easements which are the subject of this petition are attached herein in Exhibit "A", containing Lot 4 Block 7 and Lot 7 Block 5: 4. The particular circumstances of the requested vacation is: Findings of Fact and Conclusions of Law and — Page 3 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchase the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. 5. The names of the affected by the petition to vacate include: 5.1 The applicant/owner of the property is Whitestone Development Co., LLC of Boise, Idaho. 5.2 Ada County Highway District of Boise, Idaho. 5.3 Idaho Power Company, Intermountain Gas Company, TCI Cablevision, U.S. West, the City of Meridian, and the Ada County Highway District, and attached hereto as Exhibit "A" as if set forth in full herein. 6. 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 (300) feet 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. 7. All affected utility holders have agreed to the requested vacation in writing. 8. The Ada County Highway District does not object to the requested Findings of Fact and Conclusions of Law and — Page 4 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 vacation. 9. All publication costs have been paid by the petitioner. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS 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. Those certain utility easements as depicted on the Final Plat of Whitestone Estates Subdivision No. 2, ACAD DWG: FILE \ 527380\whi2sub2, DATE: December 6, 1996, SHEET 1 of 2, by PACIFIC LAND SURVEYORS, which lie to the south of West Pintail Drive on South Moonstone Way and lie to the South of Lodestone Avenue are hereby vacated. 2. 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. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findings of Fact and Conclusions of Law and — Page 5 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 NOTICE OF FINAL ACTION 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 may be adversely affected by the issuance or denial of the vacation 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 actiop of the City Council at its regular meeting held on the 7�=__ day of !-n , 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAI(ER) DATED: 12-7-11? VOTED Ahf_e ' VOTED VOTED VOTED VOTED MOTION: APPROVED: —' - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Departme t and City Attorney. BY - DATED City Clerk Findings of Fact and Conclusions of Law and — Page 6 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 STATE OF IDAHO, ss. County of Ada. ) On this day of 1999, 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 Cleric 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 se at tho,4W,, nd year first above written. (5 Notary Public for Idaho 's vp AVB LIC : * .= Commission Expires:% �►'� 00 z 00000000000 ZAWork\N1\Meridian 15360M\Whitestone Est\FfC10rdVacUti1ityEasmt Findings of Fact and Conclusions of Law and — Page 7 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 EXHIBIT "A" TOTAL PAGES 12 INCLUDES THE LEGAL DESCRIPTION AND RELINQUISHMENTS 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 PROJECT: 549340 DATE: December 31, 1998 WHITESTONE ESTATES SUBDIVISION NO.3 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION NO.3 ALL OF LOT 4 BLOCK 7, AND LOT 7 BLOCK 5; WHITESTONE ESTATES SUBDIVISION NO.2 AND A PORTION OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A parcel of land being all of Lot 4, Block 7, and Lot 7, Block 5 of Whitestone Estates Subdivision No. 2, and a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3: North, Range 1. West, Boise Meridian, Meridian, Ada County; Idaho, and more particularly as follows: Beginning at an iron pin marking the Northeast comer of said Northeast Quarter of Section 14, thence along the. easterly boundary: of said Northeast Quarter of Section 14, _ said easterly boundary also being the centerline of South Linder Road;, South 00033'08° West 1491.59 feet to a point; thence leaving said.easterly boundary and centerline, North 89° 13' 17" West 664.72 to a2" galvanized iron pipe marking a point on the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho; in -Book 19 of Plats at Page 1222, and marking the easterly boundary of-Whitestone Estates Subdivision No. 2 as filed for record in the office of -the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7742 and 7743; thence along said westerly and easterly boundaries, South 0003343" West 161:61 feet to an iron pin, said iron pin marking the •Southeast comer of Lot 3; Block 7, 'of said Whitestone Fetes, Subdivision No. 2, said iron pin also being THE REAL -POINT OF BEGINNING; thence continuing along said westerly boundary and along the easterly, boundary and -the projection thereof, South 00°33'43"West 168.83 feet to an iron pin on the northerly right -of -way -of the Kennedy. Lateral; thence leaving said westerly boundary and easterly projection, and along said northerly right-of- way the following courses and distances; thence North 89°26'17" West 129.79 feet to an iron pin; thence South 74122'13" West 400.90 feet to an iron pin; thence North. 84°24'50" West 50.20 feet to an iron pin; -thence. North -89°25'42" West .100:00 feet toan iron pin;. thence leaving said northerly right-of-way, North 00034'•18" East 160.00 feevid an iron pin marking the Southwest comer of Lot 6, Block 5, of said Whitestone Estates Subdivision No. 2; thence along the southerly boundary of said Lot 6, Block 5, South 89°25'42" East 100.00 feet to an iron pin marking a point of curve; bi 549340sb Pacific Land Surveyors, a division of POWER Ea Y gineers. Inc., an Idaho Corporation i thence leaving said southerly boundary and along a curve to the left 127.75 feet, said curve having a central .angle of 142°07'44", a radius of 51 SO feet, tangents of 150.12 feet and a long chord of 97.43 feet bearing South 70°29'33" East to an iron pin marking a point of reverse curve; thence along a curve to the right 1820 feet, said curve having a central angle of 52°07'43", a radius of 20.00 feet, tangents of 9:78 feet and a long chord of 17.58 feet bearing North 6403076" East to an iron pin marking a point of tangent, said iron pin also being on the southerly boundary of said Whitestone Estates Subdivision No. 2; thence along said southerly boundary the following courses and distances; thence South 89°2542" East 35.58 .feet to an iron pin marking a point of curve; thence along a curve to the left 133.90 feet, said curve having a central angle of 22° 14' 17", a radius of 345.00 feet, tangents of 67:81 feet.and•a long chord of 133.07 feet bearing North:79°2710" East to an iron pin marking a point of tangent; thence North.68020'01" East 99.89 feetto an iron pin tharldng a point of curve; thence]eaviag said southerly boundary`and along:a curve'to the right 15.74 feet, said curve having a central angleof 45°05'46", a.radius oM.00 feek.tangents of.8.30 feet and a long chord of.15.34 feet bearing South 89°07'06 East to an iron piii maiicmg a point of reverse curve; --'thence along a curve to tho le$121:43 feet, said curve _having a central angle of 135°05'46", a radius of 51.5.0 feet, tangents of 124.63 feet and along chord of 95:19 feet bearing'Ngrth 4505254" East to an iron pin marking the Southwest corner of.Lot 3; Block 7 of said Whitestone Estates. Subdivision No. 2; thence along the southerly boundary of said Lot 3, Block 7, North 85040'01" East 115.61 feet to the point of beginning, comprising 1.92 acres, more or less. SUBJECT'TO: All existing easements and road rights-of-way of record or appearing on the above-descnbed parcel of land. Prepared by: PACIFIC LAND SURVEYORS Don G, Payne, P.L.S. DGP:beb 549340sb �jytr� t x- -* x 290 North Maple Crave Road Boise. ID 63704 (203) 378-63S.3 Fax 1.1031378.00:5 � PROJECT: 527380 - - 4 DATE: Junc 5, 1996: Revised: Jture 3,1996 r^a DESCRIPTION FOR KELLY PROPERTY r LYING BE i 1VEFN THE S'JUTH PJGHT-OF-WAY OFTEN MILE DRAIN AND THE NORTH RIGHT-OF-WAY OF THE KENNEDY LATERAL s" A PORTION OF THE EAST -HALF OF THE NORTHEAST QUARTER " SECTION TOWNSHIP 3 NORTH, RANGE I WEST, BCISE MERIDIAN r MERIDIAN, ADA COUNTY, IDAHO +'=F A parcel of land being a portion of the East -Half of the Northeast Quarter c -: ction 14, s Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly 1 dscribed as follows: Beginning at an iron pin mar:.ing the Northeast corner of the said Northeast Quarter or Section ? Lienee al -)ng the Easterly boundary of the said Northeast Quarter of Section 14, said Easterly boundary also being t.5c centerline of South Linder Road, South JO°33'03' Wet 578.31 feet to an iron _ Fin; thence leaving said Easterly boundary and centerline, and along the Southerly right -of -«ay or Ten Mile Drain, South 73114'15- West 680.24 feet to an iron pin marking a point of intcrscuion or tltc - '�'_ said Southerly right-of-way ofTen Mile Drain, and the Westerly boundary of Van Hes Subdivision as F At filed for record in the olrce of the Ada County Recorder, Boise, Idaho, in Book 19 or Plats at Pagc 1222, said iron pin also being the REAL POINT OF BEGINNING; -- thence leaving said Southerly right -of -tray of Tcn Mile Drain, and along the Westerly boundary of said Van Hecs Subdivision, South 00°33'43" West 1095.91 feet to a point on the Northcr:y right -of - 'A ay ight-0Cway cf the Kcnneiv Lateral; thence leaving said Westerly boundary, and along the Nonhcriy right -of -ii ay of said Kennedy Lateral the following courses and dist-nccs; thence North 89°26' 17" West 129.79 Cat to a point -, `v Thence South 74"22' 13- West 400.90 feet to a point; a thence North 8•t"03'01" West 50.22 feet to a point; thence North 89°25'42" West 170.00 feet to a point on the W_cstc_rly boundary of Elie said Ea :t- d Hail of the Northeast Quarter of Section 14; thence Ipving said Northerly right -of -tray and along said Westerly boundary, North 00°34' 18" : =^ Fast 1048.48 feet to an iron pin on the said Southcrly right-of-way of Tcn Mile Drain;._ r=' +y thence leaving said Westerly boundary and along said South crly right—of—way the foltotsing courses and distances, '� M thcncc North 75°07 43 " East 689.47 feetto an iron pin — � :.. ...-... .y Pacifie Lind Sun•wi eyara, a JFiun or POWER Enginccra. Inc., an Idaho Cnrpomtian �-`' I AOA COUNTY RECORDER J. DAVID NAVARRO r;{:I _ I^; I!0 RECORDED - REQUES OF FEE` DEPUTY 1999 FE 2 2 Ail Q. 4 0 IDAHO POWER COMPANY1DAHo poump i'o.' Partial Release of Easement 99016924 WHEREAS, by platted subdivision easement recorded in Book 75, Pages 7742 and 7743 in the records of Ada County, State of Idaho, Whitestone Estates Subdivision No. 29 granted to IDAHO POWER COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power line facilities upon the following premises located in Ada County, State of Idaho, to -wit: A portion of Lots 7 and 8, Van Hees Subdivision and a portion of the West r6 of the East 14 of the NE % Section 14, Township 3 North, Range I WWest, B.M., Meridian, Ada County, Idaho. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREFORE, in consideration of the premises, IDAHO POWER COMPANY does hereby release and abandon that certain portion of the Easement over the following described lands: A portion of land lying within nitestone Estates Subdivision No. 2, of Lot 4, Block 7 which is called out as parcel I shown on Exhibit "A " and a portion of Lot 7, Block S which is called out as parcel 3 shown on Exhibit "A ". Therefore, this relinquishment shall become effective upon the recording of nitestone Estates Subdivision No. 3 and when the electrical facilities contained within parcel I, 2, 3 & 4 shown on Exhibit "A " are relocated to a location agreed upon by Idaho Power Company and nitestone Partnership. It is also understood that the cost associated with the relocation or replacement of existing easement and facilities shall be borne by the developers of Whitestone Estates Subdivision No. 3 with the approval of Idaho Power Company and this relinquishment is not effective until those costs are recovered by Idaho Power Company. ALL RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be exeputed by ;ts proper officers thereunto duly authorized this day of February, 1999. IDAHO POWER COMPANY BY�� IDAHO POWER COMPANY Partial Release of Easement STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this 1�day of February, 1999, before me, a Notary Public, personally appeared R.C. Hillman, Manager, Real Property Management of the corporation that executed the withiji instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ;•AL) - ' •_ ��tqoiary Publ c _ •�1pT.41 _ Residing at: Boise, Idaho My Commission expires: A.,dd3 IJ 13 1295 S. Eagle Flight Way Boise. ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Jim Renner Intermountain Gas Company 555 South Cole Road Boise, Idaho 83705 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Renner. On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER Engineers, Inc. KLJ:smg Keith L. Jacobs, Jr., P.E. Enclosures Intermountain Gas Company supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PLS-BOI 32-002 Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation RECEIVED 1295S. Eagle Flight Way Boise. ID 83709 (208)378-6387 FU(208�375'-g5 January 24, 1999 PLS - Mr. Mark Pfeiffer TCI Cablevision 8400 Westpark Boise, Idaho 83704 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Pfeiffer. On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way. will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. S-mcerely, PACIFIC LAND SURVEYORS, a division of POWER En ' eers, Inc. r 0 �-p _ KLJ:smg Keith L. Jacobs, Jr., P.E. Enclosures TCI Cablevision supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PLS -801 32.002 Designated TCI Cabl kion presentative Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation 03-2699 18:16 US WEST ENC ID -2063358085 P01/01 .7-1Q-cU , 'f - IWIH r jigrx LYJ= W I =." JtS�tf3tiUliti � � l,r jy5-�Z�f-LO 1295 S. Falk Fungal Way Swim= 53709 (208) XM63S7 Fax CWS) 373 -OM January 24, 19W ?&. Bruce Watslann U S. West 999 Main St2vat, 9th floor Boise. Idaho 83702 Subject: 549340-01 Proposed Whitestone Estates Subdivision 'No. 3, Lhility Paserne.-it Vacation Derr Mr. Watson: On beB alf of Mr. Lary Van Hees, Whiteswne Dcmla -mr Comp=y, l requ= d0L you concur with Mr. Ven Hess' desire to vacate the utility va=neats south of We Pintail Drirc on South Moonstone Way and South Lcdcstox Avenue. Your shzsa = below will signify than your *==ny co== with Mr. Va 14=' desire. When Whitc*= !=states Subdivision No. 2 was r cordcd, the utility rasetnents were located outside the rigilr. of -way of South Lodemone Avenue and South Mount= Way south of Wcst Pintail Drive in a 10 -foot wide utility ea scanem Meridian School Di=ici hila since purchued the Property south of the Kennedy Lore and does not want either South Lodesa= Avenue or South Moonstone Way to cominuc south to their property. 7hcrefnte, the tigf"f-way and lot lines of Whitestone Subdivision No. 3 have been rawafigumd and South Lodest=a Avenue and South Moonstone Way will be vacated south of Wena: Pintail Drive as shown on the eaclosed map. Zxisting utilities located in the vac=d portion of South Mooc=Wne Way and South Lodestone Avenue rigiu-of-wry and within existing utility easements will be relocated to the rxonfigured rigk-of--way and utility easements, The enclosed vicinity map shows the location of the subdivision on South Linder Recd, Meridian. Pease sigt Wow and ret = to Paci5c Land surveyor as soon as possible in the seff-ui&essed stuped envelope. Please fest free to c211 me if you have any questions. We appreciate your amt and con sideration of this taquc:SL Siwxxt y, PAC IRC LAND SURVEYORS, a diVm9n ofPO , IW- KL --=g Kcith L Jacobs, Jr., PX- ECCI= s U. S. West suwarts W. Van Hear' request to va= the uality eas=cr& located in the vacatcd portion of South Moonstorw Way and South Lod=nc Avenue rigleof--way. U. Reprcx.�vc Pts.XX uaa= PodticLux!Swvevom. a&vi.ianurr0Vi R%ngiaetm.foe..mNinoCacpanxim% 93-26-99 16:12 702US WEST ENC FAOH:298 378 OG25 292 J. I17.j,41,11i�lu 1Vty Fioiwr, Ir) 8.1709(20'{) .17H -W87 Fts 2(M; 3 7X. X)IJ January 24. 1999 Mr. Clary Smith, City Engineer City of Meridian 200 Fast Carlton Avenue, Suite 100 Meridian. Ill 8364-7 Subject: 549340-01 Pmposed Whitestone Estates Subdivision No. 31, Utility Easement Vacation Dear Gary: On behalf of Mr. Larry Van Hees, Whitestone Development Company, 1 request that you concur with Mr. Van Aces' desire to vacate the utility easements, south of Wtst Pintail Drive on South Moonstone Way and South LLACNE Ile Avenue. Your signature below will signify that your company concurs with Mr. Van Hees' desire. When Whitestone &slates Subdivision No. 2 was recorded- the utility casements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility c:srscment. Meridian School District has since purchased the prnperty sc)uth of the Kennedv Lateral and does not want either South Lodestone Avenue or Suudi Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please shpt below and return to Pacific Land Surveyors :Ls scx n as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and considenuicnt of this request. Sincerely, I'AC:IF:TC LAND SURVEYORS, a division of POWER En ' ears, Inc. KU.sing cit}t .. Jaco s. r., I'.E. f'ndusures 'Hic City of Meridian supports Mr. Van !ices' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Av ue right-of-way. Designated U6. of Meridian Reprc entative 1'l ti.A111 S2,l1UI 1'..,'111♦ 1...4/1,1.�11:�.'\.:(',.,� JI�1.,t.111 tot 1'VWI-.H Lv;: P11,Y'1 I.ittun 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Gary Inselman Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Gary: On behalf of Mr. Lary Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. Van Hees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request Sincerely, PACIFIC LAND SURVEYORS, a division of POWER En ' ,Inc. KLJ:meg Keith L. Jacobs, Jr., P.E. Enclosures Ada County Highway District supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PLSBOI 32-002 Designated Ada County Highway District Representative Pacific Land Surveyors. a division of POWER Engineers. Inc., an Idaho Corporation a Q1'fH( 7QQNf1 Z � - - 6 s 7 i .l ,i • t �A W CO W o i z i 0 F- f U uj.. �= f C lnxuy 7xolmaci s 0 n 4 W J m F W cc U MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: WHITESTONE DEVELOPMENT, LLC AGENDA ITEM NUMBER: 91 REQUEST: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5 6 12 AND 13 OF BLOCK 7 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS afp 0�vxoop,� OTHER: AN Materials presented at public meetings shall become properly of the City of Meridian. interoffice ,,�,� MEMORANDUM GE, -IV To: Mayor Robert D. Corrie;Cn il, and WilliaftrG. Berg, Jr. ``'�-` From: Wm. F. Gigray, III DEC - 7 1999 CITY OF Nit; DUN Subject: Whitestone Estates Subdivision No. 2 Vacation / VAC -99-005 Date: December 7, 1999 This memo is to advise you on the above vacation application. This matter is set on the City Council agenda for their December 7, 1999, meeting, but please note to date we are still waiting to obtain the Relinquishments from the appropriate utility companies involved with the matter. We do have the Findings of Fact and Conclusions of Law and Order of Vacation of Utility Easement completed, but we need to attached the above Relinquishments, and therefore we will hold the Findings until we obtain all of the necessary Relinquishments from the Public Works Department. If you have any questions please advise. msg/ZAWorlc\M\Meridian 15360M\Whitestone Est\MayorC1erkCounci1120799.Mem interoffice MEMORANDUM To: William G. Berg, Jr. 1?BCErVE1D From: Marlene St. Georgey)Ca� J4&2� DEC - 9 1999 CITY OF MERIDIAN Subject: Whitestone Estates Subdivision No. 2 Vacation/VAC-99-005 Date: December 9, 1999 Will: Please find attached the revised original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY EASEMENT, for their request for vacation of public utilities and drainage easements on Lots 4 - Block 7 and Lot 7 - Block 5 in Whitestone Estates Subdivision No. 2, pursuant to the action of the Council at their December 7, 1999, meeting. The revisions were made in the heading to change to No. 2 subdivision, and to add the language: Lot 4 -Block 7 and Lot 7 -Block 5. 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. msg/Z:\Work\M\Meridian 15360M\Whitestone Est\C1erk1209991tr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR EASEMENT VACATION IN WHITESTONE ESTATES SUBDIVISION NO. 2., LOT 4 - BLOCK 7 AND LOT 7 - BLOCK 5 WHITESTONE DEVELOPMENT CO., ) LLC, APPLICANT ) 12-01-99 CASE NO. VAC -99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 16`" day of November, 1999, at the hour of 7:00 p.m., and Gary Smith, City Engineer, appeared 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 — Page 1 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. § 50- 13251. 2. The vacation of an easement which was 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 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 cleric. 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 (300) feet 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 (300) feet 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 Findings of Fact and Conclusions of Law and — Page 2 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 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. {I.C. § 50-1306A (1), (2), (3) and (5)1 4. Pursuant to § 9-611 A 2. a. and b. 1. of the Meridian Zoning and Development Ordinance it provides as follows: Commission Recommendation: The Commission shall review the request and all agency response and make a recommendation to the Council for either approval, conditional approval, or denial. Council Action - When considering an application for the 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 a quit -claim deed for the vacated rights-of-way in such proportions as are prescribed by law. FINDINGS OF FACT 1. Whitestone Development Co., LLC, of 8850 N. Gadwall, Boise, Idaho, 83714, is a legally recognized form of business in the State of Idaho. {see Chapter 6 of Title 53 Idaho Code} 2. Whitestone Development Co., LLC, owner of the property, filed a petition for the vacation of all utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue as dedicated in Whitestone Estate Subdivision No. 2. 3. The legal descriptions of the utility easements which are the subject of this petition are attached herein in Exhibit "A", containing Lot 4 Block 7 and Lot 7 Block 5: Findings of Fact and Conclusions of Law and — Page 3 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 4. The particular circumstances of the requested vacation is: When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchase the property south of the I(ennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. 5. The names of the affected by the petition to vacate include: 5.1 The applicant/owner of the property is Whitestone Development Co., LLC of Boise, Idaho. 5.2 Ada County Highway District of Boise, Idaho. 5.3 (Gary will send up the signed releases of the names of the parties affected, insert them here) 6. 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 (300) feet 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. 7. All affected utility holders have agreed to the requested vacation in writing. 8. The Ada County Highway District does not object to the requested Findings of Fact and Conclusions of Law and — Page 4 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 vacation. 9. All publication costs have been paid by the petitioner. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS 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. Those certain utility easements as depicted on the Final Plat of Whitestone Estates Subdivision No. 2, ACAD DWG: FILE \ 527380\whi2sub2, DATE: December 6, 1996, SHEET 1 of 2, by PACIFIC LAND SURVEYORS, which lie to the south of West Pintail Drive on South Moonstone Way and lie to the South of Lodestone Avenue are hereby vacated. 2. The City Cleric 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. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findings of Fact and Conclusions of Law and — Page 5 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 NOTICE OF FINAL ACTION 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 may be adversely affected by the issuance or denial of the vacation 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 %/A day of 2Ce'o-nAtz'v , 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 12 — 7— V VOTED abfe n& VOTED VOTED VOTED--Z�� VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. M City Clerk DATED: Findings of Fact and Conclusions of Law and — Page 6 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 STATE OF IDAHO, ) ss. County of Ada. ) On this day of , 1999, 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 Cleric 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) Notary Public for Idaho Commission Expires:_ ZAWorlc\M\Meridian 15360M\Whitestone Est\FfC10rdVacUti1ityEasmt Findings of Fact and Conclusions of Law and — Page 7 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 EXHIBIT "A" TOTAL PAGES: 4 t 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 PROJECT: 549340 DATE: December 31, 1998 WHITESTONE ESTATES SUBDIVISION NO.3 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION NO.3 ALL OF LOT 4 BLOCK 7, AND LOT 7 BLOCK 5; WHITESTONE ESTATES SUBDIVISION NO.2 AND A PORTION OF THE WEST HALF OF THE EAST HALF -OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A parcel of land being all of Lot 4, Block 7, and Lot 7, Block 5 of Whitestone Estates Subdivision No. 2, and a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3 North, Range 1. West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly as follows: Beginning at an iron pin marking the Northeast corner of said Northeast Quarter of Section 14, thence along the. easterly boundary: of said -Northeast Quarter of Section 14,. said easterly boundary also tieing the centerline of South Linder Road;. South 00033'08" West 1491.59 feet to a point; thence leaving said easterly boundary and centerline; North 89013'17' West 664.72 to a 2" galvanized iron pipe marking a point on the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County. Recorder, Boise, Idaho;.in Book 19 of Plats at Page 1222, and marking the easterly boundary of Whitestone Estates Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7742 and 7743; thence along said westerly and easterly boundaries, South 0003343" West 161.61 feet to an iron pin, said iron pin marking the Southeast comer of Lot 3i Block 7,.of said Whitestone Estates, Subdivision. No. 2, said iron pin also being THE REAL -POINT OF BEGINNING; thence continuing along said westerly boundary and along the easterly boundary and the projection there of, South 00033,43" West 168.83 feet to an iron pin on the northerly right-of4ay of the Kennedy. Lateral; thence leaving said westerly boundary and easterly projection, and along said northerly right-of- way the following courses and distances; thence North 8902617" West 129.79 feet to an iron pin; thence South 7422'13" West 400.90 feet to an iron pin; thence North 84124'50" West 50.20 feet to an iron pin; -thence. North -9925'42" West 100`00 feet Loan drop piu;. thence leaving said northerly right-of-way, North 00034'18" East 160.00 feerto an iron pm marking the Southwest corner of Lot 6, Block 5, of said Whitestone Estates Subdivision No. 2; thence along the southerly boundary of said Lot 6, Block 5, South 89025'42" East 100.00 feet to an iron pin marking a point of curve; bi 549340sb Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation thence leaving said southerly boundary and along a curve to the left 127.75 feet, said curve having a central .angle of 14200714411, a radius of 51.50 feet, tangents of. 150.12 feet and a long chord of 97.43 feet bearing South 70°2933" East to an iron pin marking a point of reverse curve; thence along a curve to the right 18.20 feet, said curve having a antral angle of 52007'4311, a radius of 20.00 feet, tangents of 9:78 feet and along chord of 17.58. feet bearing North 6403026" East to an iron pin marking a point of tangent, said iron pin also being on the southerly boundary of said Whitestone Estates Subdivision No. 2; thence along said southerly boundarythe following courses and distances; thence South 89025142" East 35.58 .feet to an iron pin marking a point of curve; thencealong a curve to the left 133.90 feet, said curve having a central angle of 22014'17", a radius of 345.00 feet, tangents of 67:81 feet.aada' long chord of 133.07 feet bearing North :79°27' 10" East to an iron pin marking a point of tangent; thence North .68 OTO" East 99.99. feet to an iron pin marking a point of nave; thence. ]caving said southerly. boundary `and along. a curve to the right 15.74 feet,. said curve having a central angle of 45°05'46", a radius of 20.00 feek, tangents of.830 feet and along chord of .15,34 feel bearing South 84007'06" East to an iron pitrmarkiag a point of reveise curve; thence along a curve to the left'121:43 feet, said curvehaving a central angle of 135005'46", a radius of 51.5.0 feet, tangents of 124.63 feet and a long chord of 95.19 feet bearing'Ngrth 45aS2'S4" East to an iron pin marking the Southwest comer of.Lot 3. Block 7 of said White stone Estates'Subdivision No. 2; thence along the southerly boundary of said Lot 3, Block 7, North 85040'01" East 115.61 feet to U point of beginning, comprising 1.92 acres, more orless. SUBJECT' TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. DGP:beb 549340sb Prepared by: PACIFIC LAND SURVEYORS Don G, Payne, P.L.S. T j , M W N 290 North Maple Crave Road Boise, ID 83704 (208) 378-6330 Fax 12081378-0025 PROJECT: 527390 DATE: June 5, 199C. Revised: June 3,1996 DESCRIPTION FOR KELLY PROPERTY LYING BET%VEFN THE YOUTH RIGHT-OF-WAY OFTEN MILE DRAIN AND THE NORTH RIGHT-OF-WAY OF THE KENNEDY LATERAL A PORTION OF THE EAST -HALF OF THE NORTHEAST QUARTER SECTION 14 TOWNSHIP 3 NORTH, RANGE I WEST, Boist MERIDIAN MERIDIAN, ADA COUNTY, IDAHO Aparcel of land being a portion of the Eau -Half of the Northeast Quarter o: action 14, Township 3 North, Range I West. Boise Meridian, Meridian, Ada County, Idaho, and more particularly dzscribcd as follows: Beginning at an iron pin niai;.ing the Northeast comer of the said Norihcast Quarter of Section 14; LhcPcc al -)ng the Easterly boundary of the said Northeast Quancr of Section 14. said Easterly boundary also being U Itc centcrlinc of Saudi Linder Road, South 00*33'03" West 578.41 feet to an iron pin; thence leaving said Easterly boundary and centerline, and along the Southerly right-of-%vay of Ten Mile Drain, South 73014'15- West 680.24 feet to an iron pin marking a point of intersection of the said Southerly right -of -%%2y of Ten Mile Drain, and the Westerly boundary of Van Hees Subdivision as filet; for record in the office of the Ada County Rc,-order, Boise, Idaho, in Book 19 of Plats at Page 1222, said iron pin also being the REAL POINT OF BEGINNING; thence leaving said Southerly right-of-way of Ten Mile Drain, and along the Westerly boundary of said Van Hees Subdivision, South 00*33'43" West 1095.91 feet to a point on the Northerly right -of - %ay of the Kennedy Latcra!; thence leaving said Westerly boundary, and along the Northerly right -of -nay of said Kennedy Lateral the following courses and distances-, thence North 89°26' 17" 129.79 feel ioa point; thence South 74022'13" West 400.90 foci to a point; thence North 8.1°03'01" West 50.22 foci to a point; thence North 89025'42" West 100.00 feet to a point on the Westerly boundary of the said Eal- Half of the Northeast Quarter of Section 14-, thence leaving said Northerly right -of- way and along said Westerly boundary, North 00°34' 18" East 1048.48 feet to an iron pin on the said Southerly right-of-way of Ten Mile Drain;- thchce leaving said Wcstrrly bouncLify and along said Southerly right-of-way the follouing- courses and distances, s thence North 75007'43r East 680.47 feet to an*iron `piii'it.AR� 0 �i%� Surveyors, a division . of POWER En-9Inc., an Idaho Corporation ciric L 2 SUBJECT TO: All c.,.isting casements and road righu-ofway of record or appearing on the zbov"cscribod parcel of land. JTE\EDM Prepared by: PACIFIC LAND SURVEYORS John T. (Tcm) Eddy, P.L.S. 4 Iva thence South 00*33'43" West . 2&98 feet to the point of begiitaingComprising 16.63 aero. more or less. 10 a SUBJECT TO: All c.,.isting casements and road righu-ofway of record or appearing on the zbov"cscribod parcel of land. JTE\EDM Prepared by: PACIFIC LAND SURVEYORS John T. (Tcm) Eddy, P.L.S. ADA COUNTY RECORDER ].DAVID NAVARRO h, I 1^i' I!0 1999 FE 22 Ali 9: 40 RECORDED-REQUES OF FEE �PUTY 99016924 IDAHO POWER COMPANYIDAHO PntAMP Partial Release of Easement WHEREAS, by platted subdivision easement recorded in Book 75, Pages 7742 and 7743 in the records of Ada County, State of Idaho, Whitestone Estates Subdivision No. 2, granted to IDAHO POWER COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power line facilities upon the following premises located in Ada County, State of Idaho, to -wit: A portion of Lots 7 and 8, Van Hees Subdivision and a portion of the West 14 of the East ire of the NE % Section 14, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREFORE, in consideration of the premises, IDAHO POWER COMPANY does hereby release and abandon that certain portion of the Easement over the following described lands: A portion of land lying within Whitestone Estates Subdivision No. 2, of Lot 4, Block 7 which is called out as parcel l shown on Exhibit "A " and a portion of Lot 7, Block S which is called out as parcel 3 shown on Exhibit "A ". Therefore, this relinquishment shall become effective upon the recording of Whitestone Estates Subdivision No. 3 and when the electrical facilities contained within parcel 1, 2, 3 & 4 shown on Exhibit "A " are relocated to a location agreed upon by Idaho Power Company and Whitestone Partnership. It is also understood that the cost associated with the relocation or replacement of existing easement and facilities shall be borne by the developers of Whitestone Estates Subdivision No. 3 with the approval of Idaho Power Company and this relinquishment is not effective until those costs are recovered by Idaho Power Company. ALL RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be exerputed by its proper officers thereunto duly authorized this day of February, 1999. IDAHO POWER COMPANY BY�� R.C. Hillman, Manager I IBM IDAHO POWER COMPANY Partial Release of Easement STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this day of February, 1999, before me, a Notary Public, personally appeared R.C. Hillman, Manager, Real Property Management of the corporation that executed the withui instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. aV, AL) - �`; .•cam = otary Publ c alp T Ai _ Residing at: Boise, Idaho My Commission expires: .4v le. ZOd,3 vr3 i. 1295 S. Eagle Flight Way Boise. ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Jim Renner Intermountain Gas Company 555 South Cole Road Boise, Idaho 83705 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Renner: On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel fi ee to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER Engineers, Inc. KLJ:smg Pithacobs, Enclosures Intermountain Gas Company supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PL.S1101 32-002 ated ompany Representative Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation Mr. Mark Pfeiffer TCI Cablevision 8400 Westpark Boise, Idaho 83704 p9CE1VED 1295 S. Eagle Flight Way Boise. ID 83709 (208) 378-6387 f 0(208Z -VU,; January 24, 1999' PLS Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Pfeiffer. On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER En ' eers, Inc. KLJ:smg !KeithL.Jaco Jr., P.E. Enclosures TCI Cablevision supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PIS -601 32-002 Designated TCI Cahk Ilion ntattve Pacific Land Surveyors. a division of POWER Engineers. Inc., an Idaho Corporation 0-3-26-99 18:16 US WEST ENG ID -2083858086 .7-10-.7 r 4.1 orLI i 1111 x Cyan i5(1 t J1_y2083838086;t! 21 a P 0 1/ 0 1 1295 S. Title fglO t M&y Iteisa. It) 53709 (208).M6397 Fax >:208) 378-0025 r January24, 1999 Mr. Bruce watsan U S. west 999 Main SOWL, 9th Floor noise, Idaho $3702 Subject: 54934041 Proposed Whitestone F.,wm Subdivision No. 3, Utility Easement Vacation Dear Mr. Watson: On behalf of Mr. Larry Van He=, Whitestene Damlopmmr Cmmpany, I request that you concur with Nle. Van Hees' desire to vawe The Miry wesunents south of West Pintail Drive on South Moonstone Way =d South L.odcstmm Avcnue. Your sivur bofow will signify that your compmy coacum with Mr. VanH=s, desire. When Whitc*= Estams Subdivision No. 2 was r=xxlcd, the lttility misements were located outside dw dor- of-way of Soudl i.odcS = Avveauc and South Mom== Way south of Wcst Pintail Drive in a 1 afoot wide ability tx =ens. Meridian School District has sinot purchased the property south of the Kau:edy Laremal and does not watts either South Lodestamr Avenue or South Mooilmm Way to condt>s1e sauh to their property. 7herefim, the right-of-way and lot lines of Whitestone Subdivision No. 3 have bean recoafigmd and Sonih Lodea=e Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moon3tone Way and South Lodestone Avenue ri&-of-wry and within existing utility easements will be relocated to the lttconfigured right -of --way and utility easements. The emlosod vicinity asap shows the location of the subdivision on South Linder Road, Meridian. Pkase sign Wow and return to pacific Land Surveyors as soon as pcssibie m the self-addnmaad stamped etnretoPa- Please fccl line to call me if YOU have: any TwOkl ts. We Appreciate yore time and consideration of this Mpest. Sincerely, FACIRCLAND SURVEYORS, a COO Inc. Kepis 1.1 Jr., P.L•. l�cloatutix U. S. West supports W. Van Fins' rsquen to vwm the utility easanents located in the vacated portion of South Moonstmw Way sad South Lodesmile Avenue rlghyof-wsy. xW1.01J. �C45 U. Reparse�ativc Msam 32402 P&dtec UW Sao ewul, a &Adan pf rQwbR &s;P dben,. Int., an :talo caepta ,inn 93-28-99 16:12 TO:US WEST ENO FRON!206 378 0925 792 ).'!)j S. Iwighr F igh(Wiv hoi-w. In 8.17111) 1208) .178-6387 F11 :2 Xi 37S.(X)'.? January 24. 1999 Mr. Gary Smith, laity Engineer City of Meridian 200 East Carlton Avenue, Suite 100 Meridian, Ill 83642 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 1, Utility Easement Vacation Dear Gary: On behalf of Mr. Larry Van Hers, Whitestone Development Company, I request that you concur with Mt. Van Ilees' desist to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South L.Westone Avenue. Your signature below will signify that your cxlmpany concurs with Mr. Vali Hees' desire. Whcn Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility casement. Meridian School District has since purchased the property siouth of the Kennedy Lateral and does not want either South Lodestone Avenue: or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pitltail Drive as shown on the enclosed map. Existing utilities located in the vacated pnrtion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors w; aexm as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and considerzttion of this request. Sincerely, PACIFIC IAND SURVEYORS, a division of POWER En vers, lite. K11srng cith .. Jaco r.,1'.E. Cnclosurrs 'lltc City of Meridian supports Mr. Van Hecs' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Av ue right -of --way. Designated Ci& of Meridian Reprt.;sentative �- 11t t.R01 32-02 V..rni. 140WE t Lngmorea . W....m IJ: h.. ('.n;.olAwn MAR 30 '99 15s30 2013 378 631e PAGE.01 Amok- 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Gary Inselman Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Gary: On behalf of W. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a divisi n of POWER En ' , Inc. KLJ:smg Keith L. Jacobs, Jr., P.E. Enclosures Ada County Highway District supports W. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PIS-BOI 32-002 Designated Ada County Highway District Representative Pacific Land Surveyors, a division of POWER Engineers. Inc., an Idaho Corporation J m F Via; t tn •Y t .i N 1 : w R i i r .Y J .-K -r r � � r S L `6 \ a � *l •� 1 1 w W i p 1 � I W g _ ..... .... r..._ ...... __. r% � sntmr iNOJSfC01 Y J m F Via; Meridian City Council Meeting December 7, 1999 Page 2 EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI -STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI -STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI - STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96 -UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ITEM O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ITEM P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE - BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C -G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF Meridian City Council Meeting December 7, 1999 Page 3 OVERLAND ROAD, '/ MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL — 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES — WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF THE WEST Y2 OF THE WEST Y2 OF SECTION 3, T.3N., R.1 W: ITEM V. ENGINEERING AGREEMENT — "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT — FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT —1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT — 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI - STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll -call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council Meeting December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 st, I believe, December 21st. Rountree: January 4th. Bird: Okay. To January 0. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre -Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre -Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR MERIDIAN CITY COUNCIL MEETING DECEMBER 7. 1999 The regular City Council meeting of the Meridian City Council was called to order at 7:37 p.m. on Tuesday, December 7, 1999, by President Charlie Rountree. MEMBERS PRESENT: CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY (MAYOR CORRIE ARRIVED AT 9:28 P.M.) MEMBERS ABSENT: RON ANDERSON. OTHERS PRESENT: GARY SMITH, SHARI STILES, BILL GORDON, BILL GIGRAY, KEN BOWERS, BRAD WATSON, WILL BERG ITEM A. APPROVE MINUTES FROM NOVEMBER 16, 1999 MEETING: ITEM B. APPROVE MINUTES FROM NOVEMBER 22, 1999 SPECIAL MEETING: ITEM C. REQUEST FOR BEER, WINE, LIQUOR LICENSE FOR MERLYN SCHMECKPEPER: ITEM D. REQUEST FOR BEER, WINE, LIQUOR LICENSE TRANSFER FOR PAISANO'S BY SCHMECKPEPER/GOODWIN: ITEM E. COMPENSATION POLICIES AND PRACTICES RESOLUTION: ITEM F. LAND LEASE WITH VANCE JANICEK: ITEM G. AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS.- ITEM OSTS: ITEM H. TABLED 11/16/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY — NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: ITEM I. TABLED 11/3/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE-FAMILY DWELLING/OFFICE BY ED BEWS — WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM J. FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF TWO 10 -FOOT WIDE PUBLIC UTILITY Meridian City Council Meeting December 7, 1999 Page 2 EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI -STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI -STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI - STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96 -UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ITEM 0. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ITEM P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE - BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C -G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF Meridian City Council MeetirW December 7. 1999 Page 3 OVERLAND ROAD, Y MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL — 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES — WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF THE WEST Y2 OF THE WEST Y OF SECTION 3, T.3N., RAW: ITEM V. ENGINEERING AGREEMENT — "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT — FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT — 1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI - STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll -call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council Meeting December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21St, I believe, December 21 st. Rountree: January 4 t Bird: Okay. To January 4th. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre -Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre -Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR