HomeMy WebLinkAboutTurtle Creek Sub Vac-03-006ADA COUNTY RECORDER J. DAVID NAVAAAO 8
BDISE IDAHO 01116/04 09:38 AM
DEPUTY Bonnie Oberbillig
McCdaoECiyREQUESTOF ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AMOUNT .00 194005294
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12/16/03
IN THE MATTER OF THE REQUEST FOR
VACATION OF UTILITY, DRAINAGE, AND
IRRIGATION EASEMENTS ON THE SOUTH
10 FEET OF LOT 2, BLOCK 6 OF TURTLE
CREEK SUBDIVISION NO. 1, LOCATED
WEST OF NORTH CINDER ROAD AND
SOUTH OF WEST USTICK ROAD,
MERIDIAN, IDAHO
CASE NO. VAC-03-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF UTILITY, DRAINAGE,
AND IRRIGATION
EASEMENTS
TULLY COVE, LLC
APPLICANT.
This matter coming on regularly before the City Council at its regular meeting held on
December 16, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, and Jeff McAllister, appeared and testified at the hearing, and
the Council having received the record from the Planning and Zoning Commission and its
recommendations to the City Council, and no objection having been received makes the
following Findings of Fact and Decision and Order.
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 1 OF S
STATEMENT OF LEGAL AUTHORITY AND NRISDICTION
CONCLUSIONS OF LAW
Easements shall be vacated in the same manner as streets. {LC. § 50-1325}.
2. When a county or highway district desires the abandonment or vacation of any
highway, public street orpublicright-of--way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions of chapter 13, title 50 Idaho Code {LC. § 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized form of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, firm,
association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no interment, or in the case of a cemetery being within
three hundred feet (300') of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, power, drainage, and slope
purposes, public notice of intent to vacate is not required. Vacation of these
easements shall occur upon the recording of the new or amended plat, provided
that all affected easement holders have been notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. § 50-1306A (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 - VAC-03-006
PAGE 2 OF 8
12-10-1 APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision,
public right of way or easement shall complete and file an application with the
Administrator. These provisions shall not apply to the widening of any street
which is shown on this Comprehensive Development Plan, or the dedication of
streets, rights of way or easements to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration at the
next regular meeting of the Commission which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2 COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required bylaw. The Council may approve, deny or modify the application.
Whenever publicrights-of--way or lands are vacated, the Council shall provide
adjacent property owners with aquit-claim deed for the vacated rights of way in
such proportions as are prescribed bylaw.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond furnished assuring the construction, prior to acceptance of the dedication.
To complete the acceptance of any dedication of land, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
Tully Cove, LLC, owner of record of said property has given consent to
Anderson-David & Associates to submit the requested vacation, and such petition
has been filed for the vacation of utility, drainage and irrigation easements on the
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 3 OF 8
south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No. 1, which is
located on the west side of North Linder Road, approximately'h mile south of W.
Ustick Road in the NE '/ of Section 2, T.3N., R.W. The applicant, Tully Cove,
LLC, has requested a vacation of the permanent public utilities, drainage, and
irrigation easement located on the south 10 feet of Lot 2, Block 6, of Turtle Creek
Subdivision No. 1. Currently there are no public utilities, drainage features or
irrigation features within the easement that the applicant seeks to vacate. The
easement was originally platted on all lot lines common to the exterior boundary
of Turtle Creek Subdivision No. 1. The southern portion of Lot 2, Block 6 of
Turtle Creek was re-platted as part of Tully Cove Subdivision and the easement is
no longer necessary. State statute requires an easement vacation be filed when an
irrigation easement is involved even though a re-plat of the subdivision has been
approved. The public utilities concerned have relinquished their rights to this
easement.
2. The legal description of the existing unused sewer easement, is the subject of this
petition, is:
Turtle Creek Subdivision No. 1
An easement situated in Lot 2, Block 6, Turtle Creek Subdivision No. 1, recorded
in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho, located in
the Northeast '/ of Section 2, Township 3 North, Range 1 West of the Boise
Meridian, described as follows:
The Southerly 10 feet of Lot 2, Block 6, Turtle Creek Subdivision No. 1, recorded
in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho.
3. The particular circumstances of the requested vacation is:
Currently there are no public utilities, drainage features or irrigation features
within the easement that the applicant seeks to vacate. The easement was
originally platted on all lot lines common to the exterior boundary of Turtle Creek
Subdivision No. 1. The southern portion of Lot 2, Block 6 of Turtle Creek was
re-platted as part of Tully Cove Subdivision and the easement is no longer
necessary. State statute requires an easement vacation be filed when an irrigation
easement is involved even though a re-plat of the subdivision has been approved.
The public utilities concerned have relinquished their rights to this easement.
4. The applicant has obtained notarized approval of the easement vacations from
affected entities.
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 4 OF 8
5. Written notice of the public hearing of this petition was given by certified mail
with return receipt at least ten (10) days prior to the date of the public hearing to
all property owners within three hundred feet (300') of the boundaries of the area
described in the petition, and such notice was also published once a week for two
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
6. All publication costs have been paid by the petitioner.
The vacation is the result of a re-platting of the property, and when the property
was re-platted for Tully Cover that easement was adjusted and no longer
necessary.
8. The Nampa & Meridian Irrigation District does have an easement on the east
boundary. This easement must be protected and any encroachment without a
signed License Agreement is unacceptable.
DECISION AND ORDER OF VACATION OF UTILITY, DRAINAGE AND
IRRIGATION EASEMENT
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
The following is the legal description of the utility, drainage, and irrigation
easement, of the Turtle Creek Subdivision No. 1, and such is hereby vacated:
Turtle Creek Subdivision No. 1
An easement situated in Lot 2, Block 6, Turtle Creek Subdivision No. 1, recorded
in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho, located in
the Northeast % of Section 2, Township 3 North, Range 1 West of the Boise
Meridian, described as follows:
The Southerly 10 feet of Lot 2, Block 6, Turtle Creek Subdivision No. 1, recorded
in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho.
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 5 OF 8
2. The petition for the vacation of utility, drainage and irrigation easement, is hereby
granted.
The City Clerk shall cause a copy of this order to be served upon the affected
utility holders, and the petitioner, Public Works, Planning and Zoning
Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which maybe adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
~y action of the City Council at its regular meeting held on the 6 ~~ day of
~~~w~~L , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 6 OF 8
COUNCILWOMAN deWEERD
COUNCILWOMAN Mc CANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~ 6-p¢-
Attest:
William G. Berg, Jr., City
Copy served upon Applicant, the
and City Attorney.
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Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 7 OF 8
STATE OF IDAHO, )
County of Ada.
ss.
On this (d~' day of ~Q n u.etr , 2003, before me, the undersigned,
a Notary Public in and for said State, person ly appeared ROBERT D. CORRIE and WILLIAM
G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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Findings of Fact and Conclusions of Law and Order
of Turtle Creek Subdivision No. 1 -VAC-03-006
PAGE 8 OF 8