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Mirage Meadows Subdivision VAC 99-006
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 January 18, 2000, for the purpose of reviewing and considering the application of Higgins, Butler, Pasewalk and Ball for a vacation of a 20 -foot emergency access located at Block 1 on Lots 16 and 17 of Mirage Meadows Subdivision and at Chateau Meadows East No. 1 Block on Lots 19 and 20. 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. 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(Nn C) (n u c CD SL n CD - m CD3 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 Planning and Zoning Commission 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 7:00 p.m. on December 14, 1999, for the purpose of reviewing and considering the application of Higgins, Butler, Pasewalk and Ball for a Vacation of a 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirage Meadows Subdivision and Chateau Meadows East No. 1 Block on Lots 19 and 20. 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 12th day of November, 1999. PUBLISH November 26 and December 10, 1999. 4� P= '146 9L. LIAM G. BERG, JR.,01V CLERK `"' \111101111111 a.: SEAL 1111114f1�iitt1111��� KLECKNER LYNN D & KLECKNER CLAUDETTE J 2220 N MEADOWROSE PL MERIDIAN ID 83642-5742 MILLER DONALD JAMES & MILLER BETTY COLLEEN 2225 N MEADOWROSE PL MERIDIAN ID 83642-5742 VAUGHN CHRISTOPHER L & VAUGHN VALERIE J 2212 N MEADOWROSE PL MERIDIAN ID 83642-5742 SLAGOWSKI DAVID & SLAGOWSKI MARIE 2225 N LAUGHRIDGE AVE MERIDIAN ID 83642-5739 HARRISON MICHAEL R 2645 E USTICK RD MERIDIAN ID 83642-5552 2219 N MEADOWROSE PL SEC OF VETERANS AFFAIRS WA -DC 155 VAN GORDON ST PO BOX 25126 DENVER CO 80225 2215 N MEADOWROSE PL SIMPSON ALAN L & SIMPSON CYNTHIA K 2203 N MEADOWROSE PL MERIDIAN ID 83642-5742 MCGINNIS KRISTIN R 2211 N MEADOWROSE PL MERIDIAN ID 83642-5742 SPEER GEORGE T III & SPEER ELIZABETH 2207 N MEADOWROSE PL MERIDIAN ID 83642-5742 BOYER RICHARD & BOYER NATALIE A 2200 N LAUGHRIDGE AVE MERIDIAN ID 83642-5738 6,i l) tj. ?3 - tJlq, -7 MIRAGE MEADOWS _VACATION PROPERTY OWNERS WITHIN 3001 COFFIELD ANTHONY D & COFFIELD TERRI W 2195 N LAUGHRIDGE AVE MERIDIAN ID 83642 VANORDER GREGORY ALBERT & CHAREE HOPE 2190 N LOCHNESS WAY MERIDIAN ID 83642-5725 STRAHAN RICHARD F & STRAHAN KERRY K 2190 N LAUGHRIDGE AVE MERIDIAN ID 83642-5745 NETTLETON RUTH FAMILY TRUST NETTLETON RUTH HILDA TRUSTEE 1930 E MEADOW WOOD ST MERIDIAN ID 83642-7303 BARRY CLAY A & BARRY GWYN 1960 E MEADOW WOOD ST MERIDIAN ID 83642-7303 MACHULE HERBERT A & MACHULE S ANN 1910 E MEADOW WOOD ST MERIDIAN ID 83642-7303 BEETS DANIEL& BEETS LESLIE J 1880 E MEADOW WOOD ST MERIDIAN ID 83642-5722 GREIER JAMES P 1860 E MEADOW WOOD ST MERIDIAN ID 83642-5722 SHOEN JAY R & SHOEN RANAE L 1840 E MEADOW WOOD ST MERIDIAN ID 83642-5722 MORSE DAVID ALLEN 1810 E MEADOW WOOD ST MERIDIAN ID 83642-5722 NAFSINGER LYNDA K 2180 N LOCHNESS WAY MERIDIAN ID 83642 MARTIN DANIEL K & MARTIN ANNE D 2170 N LAUGHRIDGE AVE MERIDLAN ID 83642-5745 BLADES ELMER JOE & KATHERINE A 1985 E MEADOW WOOD ST MERIDIAN ID 83642-5796 PILMER BRIAN VERNON & CUNNINGHAM- R DIANE 1965 E MEADOW WOOD ST MERIDIAN ID 83642-5796 DULANEY TIMOTHY R & DULANEY JAN R 1945 E MEADOW WOOD ST MERIDIAN ID 83642-5796 HENDRY NORA JOAN 6190 VALLEY GLEN DR SAN JOSE CA 95123 1925 E MEADOW WOOD ST BALL TIMOTHY R & BALL DEANNA R 1905 E MEADOW WOOD ST MERIDIAN ID 83642-5796 PASEWALK PAUL & PASEWALK RUTH E 1875 E MEADOW WOOD ST MERIDIAN ID 83642-5795 OBERHART CLO E 1855 E MEADOW WOOD ST MERIDIAN ID 83642-5795 JACOBSEN FRANK V & JACOBSEN THELMA J 24780 DODDS RD BEND OR 97701-9371 1835 E MEADOW WOOD ST DART MARION D 1805 E MEADOW WOOD ST MERIDIAN ID 83642-5795 KEEGAN ROSEMARIE 1785 E MEADOW WOOD ST MERIDIAN ID 83642-5701 MILLER MICHAEL D & MILLER CYNTHIA P 1755 E MEADOW WOOD ST MERIDIAN ID 83642-5701 MITSON LORNA M & MITSON JUSTIN C 1735 E MEADOW WOOD ST MERIDIAN ID 83642-5701 SPEISER JON & KERRE 2145 N DIXIE AVE MERIDIAN ID 83642 FETTERS CARMEN A 2123 N DIXIE AVE MERIDIAN ID 83642 HATFIELD LANCE C 2056 N WHITTIER PL MERIDIAN ID 83642-5737 MONTGOMERY ROBERT & MONTGOMERY RACHEL 2062 N WHITTIER PL MERIDIAN ID 83642-5737 GREENE EDWARD D & GREENE SHARON D 2059 N WHITTIER PL MERIDIAN ID 83642-5737 HIGGINS ROBERT L 2064 N APPLE WOOD PL MERIDIAN ID 83642-5736 BUTLER HAROLD D & BUTLER MARGARET E 2067 N APPLEWOOD PL MERIDIAN ID 83642-5736 CAMPBELL -ADAMS MARK C & CAMPBELL -ADAMS NANCY E 2072 N SEQUOIA PL MERIDIAN ID 83642-5735 KEELEY CHRISTIAN D & KEELEY TIFFANY J 2080 N SEQUOIA PL MERIDIAN ID 83642-5735 WOLF MARTIN L 2075 N SEQUOIA PL MERIDIAN ID 83642-5735 OSTERHOUT MARK B & A-VERSON KENNETH R OSTERHOUT JULIE C STAGNARO RICHARD P 1740 E OAKCREST DR 2044 N APPLEWOOD PL MERIDIAN ID 83642-5729 MERIDIAN ID 83642-5736 PHILLIPS ANIKA G HOWARD MARGARET J 2101 N DIXIE AVE 1820 E OAKCREST DR MERIDIAN ID 83642 MERIDIAN ID 83642 GITTINGS PATRICK A & WELLS TREVOR A & GITTINGS CANDILEE WELLS JOY L 2051 N APPLE WOOD PL 2043 N WHITTIER pL MERIDIAN ID 83642-5736 MERIDIAN ID 83642-5737 HARDEE DANIEL R & WRIGHT CHARLES WILLIAM & HARDEE DEBBIE WRIGHT BARBARA J 2054 N APPLE WOOD PL 2046 N WHITTIER PL MERIDIAN ID 83642-5736 MERIDIAN ID 83642-5737 RECORD CLAYTON & A-VERSON KENNETH R RECORD SUSAN T 1785 E OAKCREST DR 4355 W VICTORY RD MERIDIAN ID 83642-5730 MERIDIAN ID 83642 2055 N SEQUOIA PL HOOK STEVEN D & HOOK SUSAN L BRYANT JOHN C 1805 E OAKCREST DR 2000 W 06TH ST MERIDIAN ID 83642-5732 THE DALLES OR 97058 2050 N SEQUOIA PL STIPP JAMES L & STIPP NORREEN SPAGNOLETTI JAMES & 2005 N APPLE WOOD PL SPAGNOLETTI ISABELLA M MERIDIAN ID 83642-5736 2053 N WHITTIER PL MERIDIAN ID 83642-5737 BLAYNEY KAREN I 2409 DETLEFSEN PL SE #B MCCARTHY TERRY T LACEY WA 98503-3358 2048 N WHITTIER PL N APPLE WOOD pL MERIDIAN ID 83642-5737 PAULS TIMOTHY J & RIVERA REGINA T PAULS TERESA D 2077 DIXIE 1885 E OAKCREST DR MERIDIAN ID 83642 MERIDIAN ID 83642-5732 SAUER BRIAN W & GARDNER BRENDAN R L & SAUER TERESA M GARDNER LUCILLE J 1770 E OAKCREST DR 1905 E OAKCREST DR MERIDIAN ID 83642 MERIDIAN ID 83642-5734 PASEWALK JOE E & CHANDLER ALLAN T & PASEWALK MARY E CHANDLER JOYCE 2041 N APPLE WOOD PL 9906 W DEEP CANYON DR 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Nt LO CK m m00 Op 00 .p CT 10 co - ¢z a a a N co 00 NOCo CN o� a N ol CN c y a N N N of ool H N yL� N M ,o CO N Za0 LOO OD \�v O O I' n w 9 r j9ejunoc)ob .10-j L Njx;= c cc D yLj �cmcr .c O E nmd0Qmo>_ ja Jo - m E 2 o E o _E d D J ON N E — NZ N Z O wo m oaFa-a c m cc,, m mmC Qco Q U E�c C O p O 2 U m C � lrU E�-¢- � QEro.E E o o c h D°Do'Em°m m o lu m E j m w ro Q Nm °~v R QC r of ms000�a 0 �' `-! c `- m .o -a .m O U .m m '�• C U m U C > Q W U C V 'a). jmo 0 om-. am, C co m c a a.cum O °°o2apro a 2noEm0� m L u �'�.p D m m omcc O � c L Z y L C Q � a W a °1 avi a� C4 Q Lo m a 2 CL E Z5 LL E 0 CL a� o" m` ca D Z> W (D U H ) rn rn cm m O LL °a � n �CO co r M r r to T r F J O LL CO CL To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 15, 1999 HEARING DATE: December 14 1999 FILE NUMBER: VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY: ROBERT HIGGINS ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 AND 20 OF CHATEAU MEADOWS EAST NO. 1 SUBDIVISION TO A LOCATION AT THE END OF OAKCREST DRIVE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CHARLES ROUNTREE GLENN BENTLEY 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 15, 1999 HEARING DATE: December 14 1999 FILE NUMBER: VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY: ROBERT HIGGINS ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 AND 20 OF CHATEAU MEADOWS EAST NO. 1 SUBDIVISION TO A LOCATION AT THE END OF OAKCREST DRIVE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: G �-. CITY OF MERIDIAN .-. 33 E. Idaho Street, Meridian, ID 83642 NODI 0 1999 Phone: (208) 884-5533 Fax: (208) 887-4813 CP .y VACATION APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT (s): Robert L. Higgins. Harold & Earlene Butler Paul and Ruth Pasewalk Timothy and Deanna Ball PHONE: 208-887-7769 ADDRESS: Higgins residence 2064 North Applewood Place Meridian Idaho 83642 Butler residence 2067 North Applewood Place Meridian Idaho 83642 Pasewalk residence 1875 E Meadow Wood St. Meridian Idaho 83642 Ball residence 1905 E. Meadow Wood St. Meridian Idaho 83642 OWNER: Robert L. Higgins ADDRESS: Higgins 2064 North Applewood Place Meridian Idaho 83642 PHONE : 208-887-7769 Butler 2067 North Applewood Place Meridian Idaho 83642 Pasewalk 1875 E Meadow Wood St. Meridian Idaho 83642 Ball 1905 E. Meadow Wood St. Meridian Idaho 83642 GENERAL LOCATION: emergency access from North Applewood Place to East Meadow Wood Street, Meridian Idaho. LEGAL DESCRIPTION OF PROPERTY: 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirage Meadows subdivision and Chateau Meadows East No. 1 Block on Lots 19 and 20. PROOF OF OWNERSHIP OF VALID OPTION. A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: Residential (12,- k l"Vray_ + r1, -S, C_VvAecw) 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 PROPOSED VACATION: 20 foot emergency access located Block 1 on Lots 16 and 17 of Miragejobert 4L. n a d Chateau Meadows East No. 1 Block on Lots 19 and 20. Signatu ins Signature: , 6 Paul Pasewalk �RuPasewalk �— Signature: Tim R. Ball Deanna R. Ball Signature Butler Earlene Butler Date: November 8, 1999 Meridian Planning and Zoning City Hall Meridian, Idaho 83642 Reference: Request the Change Emergency Access to Mirage Meadows Subdivision Dear Sir, This letter is a request for the change in the emergency access of the Mirage Meadows subdivision from Block 1, Lots 16 and 17. It is a 20 -foot strip which allows access from Applewood Place to Meadow Wood Street, in the Chateau Meadows East No. 1 subdivision. Drive. The new emergency access which is requested is located at the end of Oakcrest Drive. Oakcrest Drive abutts Dixie lane which allows emergency access from Fairview Avenue. Dixie Lane is barricaded at the end Oakcrest Drive by two cement barricades and one breakaway barrier sign. North Dixie Lane is a dead end street has an emergency access to Dixe Lane or Oakcrest if granted. There is a 20 foot access easement recorded as instrument No. 94033448 at the Ada County recorders office in reference to Dixie lane to Fairview Avenue. The Meridian fire department has tentatively agreed that their fire engine can make the turn from North Dixie Lane to Oakcrest Drive in the event of emergency. We are tentatively waiting for the Meridian Fire Department Chief, Ken Bowers to determine if a lockbox or chain with a paddlelock is sufficient. Enclosed is a letter from the Ada County Highway District signed by David Szplett. They have no objection to the change. Also enclosed is a copy of the Wingate subdivision showing the access of North Dixie Lane Avenue for lots which are dead-end without the Dixie Lane access to Fairview. Also is attached a copy of mirage Meadows subdivision plan and Chateau Meadows East No. 1 subdivision. Enclosed is a plan of the fence which will replace the barricades at the end of Oakcrest Drive. Please be advised Ada County Highway District has stated they will issue a license to allow the fence to be placed on the edge of the highway of Oakcrest Drive to North Dixie Lane. The fence will be taken down upon Oakcrest connecting to North Dixie lane in the Wingate subdivision at some future date. Your help and cooperation in this letter is very much appreciated. Since /r -Hi gin 2064 North Applewood Place Meridian, Idaho 83642 �tda Cottn1qWiq4way 2)ijlpicl Sherry R. Huber, President Judy Peavey -Derr, Vice President 318 East 37th Street Marlyss Meyer Routson, Secretary Garden City, Idaho 83714-6499 Dave Bivens, Commissioner Phone -639100 Susan S. Eastlake, Commissioner Fax (2088)) 387-639 31 November 4, 1999 Mr. Robert L. Higgins 2064 North Applewood Place Meridian, ID 83642 Re: Emergency Access to Mirage Meadows Subdivision The purpose of this letter is to report on the Ada County Highway District's position on the emergency access identified on the plat for the Mirage Meadows subdivision. A copy of your subdivision's plat is attached. To respond to your concern, I have reviewed the plat and the staff report for the Mirage Meadows subdivision. I have also discussed the matter of the emergency access requirement with the District's Right -of -Way Division staff. The District has determined that the emergency access was not a requirement of the Ada County Highway District. The City of Meridian may have placed this requirment on the plat. Your request for any change in this requirement must be coordinated with the City of Meridian. Please note that the same requirement was placed upon the plat of the Chateau Meadows East No. 1 subdivision to the north. A copy of that plat is also attached. Any change should be coordinated with both subdivisions. Also note that any new emergency access gates to be located within the public right-of-way should be coordinated with the Ada County Highway District. A license agreement may be required. trust that this information meets your needs. Q/1MQi David Szple« Planning and Development Division Cc Chron File O 3 OODoS��e •E•E 100 OD 5 0 '38•E O s o0 o9•�•E O (00.00 S Oo'09'se E O 9 00'D9'3B E O O 8 OOo09a3a'E O 6 DD 00 H E Go Or 0 [ D.DD BaU N Do-oaG..•. SB1. i. x•N'•LOCUST GROVE ROAD 3es o0 b_W oYr D'26'se 9E O 00.19 38. oTEf. O 'oa'ae•Y \s i— fel. oa I 0 1\ z I GO ?f A•e fi - m' N. LDCNNESS WA,a F � o ff' pEe �, 61 Go D,6 I — fOD_0p 16.00 108. I N 9'36•Y I O 18..1 Of 00900 .0 3- -3— 5 W 2 x ........... z O I� ........... 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ARflIJ��V1fW:V�:ViiN1:6N:t,iiW W2�:l,i:i7lSEA1:Ii4lJIVd4CNfA:M:�� :W �7V+S1tiw.t71 tt73:t125W n ' UITCLAIN DEED ls4s0003�a FOR VALUE RECEIVED MARGARET E. BTMER, who scoured title on July 10, 1991 as Margaret E. Hurt do be•eby convey, and forever quitdairn �= HAROLD D. BUTLER and MARGARET E. BUTLER, husband and wife Z� torte her only husband since July 10, 1991 whose address is: 2067 N. Applewood ?lace, Meridi 3n, Idaho 83642 the following described practises, to wit:' Lot 16 in Block 1 of MIRAGE hTADOWS, a subdivision, according to the plat thereof, fled in Book 57 of Plats at Pages 5394-5395, records �? of Ada County, Idaho. topther with their appurtenances. Dated: December 6, 1993 Z' Margar4r E. Butler Z- I STATE OF Idaho County of �d3 ss' Z, `s�` ��' �ilpyof December _, inthcyearof_ 199 ottarybypourcme bGc, Z On this _ subscribed to the within ^me y^ �^ known a' f persot}(s) whose natne(s) "rte tea{ _ger he executed the same. Z: ;49 lnsuuatat�A,- ��, Notary Public: ` "'Meridian Residing at: ''',, ✓� My Cornmission Expires: 5/30/94 5 i rrw .n-www�s 1 nni'+,"`^`v'"r`• )L1.L).c,.�ivL11,.LL[�L.Li.C�_t)��.,�a3.(hCL„,1.( TO HAVEAND TO TTi. LD the said prel: X33 <�at:l13c si€ii a3si1tS €F# i"6th-i; And the kt::T i' tars» €c ta�iz�ir Febru 9 RECORDED-REQUEZST OF THIS FORM FURNISHED COURTESY OF: tf' rM CGU`IT RECORDER _ ;. AllI[` „AIIARR%0 L - ALLIANCE TITLE & ESCROW CORP. 1999 SP I P'; b: 25 9909 1 1 6 9 KI IANCE TITLU READ & APPROVED BY GRANTEE(S): _ SPACE ABOVE THIS LINE FOR RECORDING DATA {0190) Order, No.: 99083694 SK/JC WARRANTY DEED FOR VALUE RECEIVED LISA BERTOCH RASUMUSSEN, a married woman as her sole and separate property GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto PAUL PAS EWALK AND RUTH E. PASEWALK, husband and wife GRANTEE(S), whose current address is: 1875 E. MEADOW WOOD ST. , MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 19 in Block 1 of CHATEAU MEADOWS EAST NO. 1, according to the Official Plat thereof, filed in Book 57 of Plats at Page(s) 5357-5358, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/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, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: September 09, 1999 4LS—A��iTOCH RASMUSSEN STATE OF IDAHO COUNTY OF ADA On this 10th day of September , in the year of 1999 , before me, the undersigned, a Notary Public in and for said State, personally appeared LISA BERTOCH RASMUSSEN known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same, Signature: -/'0%t, C �__! t- Nine. PAm'B GELQW (�Ypcor priuq residing at: BOISE, IDAHO Commission Expires: 01/22/00 _• WARRANTY DEED Case # 33070 FOR VALUE RECEIVED, Richard J. Yartens and Shirleyanne Martens, ha sbar4 and wife the grantor s, do ea hereby grant, bargain, sell and convey unto " • •R. Ball , husband and wife Ti7tntl�p� R. Ball and Deanna whose current address is z 1905 E. Meadow Woods St. Meridian, Idaho 83 642 r the grantee s, the following described remises in ADA ...................................... Count Idaho :: `r M !�' g P y , to wit: Lot 20 In Block 1 of Chateau Meadows East No. 1, r I Subject To: General Taxes for the year 1991 and subsequent years, an accruing lien. t 2 Special assessments of the City of Meridian IT Liens, Levies and Assessments of the Nampa -Meridian Irrigation District; V TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee s, their heirs and assigns forever. And the said Grantor s do eshereby covenant to and with the said Grantees , that t he y the owner s in fee simple of said premises; that they are free from all incumbrances and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated: May 28, 1991 Richard J. Martens STATE OF IDAHO, COUNTY OFADA On this 24th day of May '19 91 before me, a notary public in and for said State, personally appeared Richard J. Martens i known to me to be the person swhose name s +" subscribed to the within instrument, and acknow- ledged to me that they executed the same. ia.. Annette A. Be1I�o(ary Public Residing at Ada , Idaho Comm Expires 01/15/97 .... ........ LAWYERS TIT Shirleyanne Martens STATE OF IDAHO ) COUNTY OF ADA ) 1 On this day of May 19� before me, personally appeared Richard J. Martens known to me to be the person whose name is subscribed to the within instrument as Atorney-in-Fact of_ Shirle anne Martens aid acknowledged to me that Richard J. Mart! subscribed the name of- Shirlevanne Martens as principal and his own name as Attorney -in -Fact. ' Notary Public for Idaho, Residing at Boise My commission expires 01/15/97 ITY OF MERIDIAN "Hub of Treasure valley" 33 E. Idaho Meridian, Idaho 83642 888A433 uustomer s Order No. Name Address Date _p _ uU Phone: SOLD GY i .i.Y3 I C.O.D. CHARGE ON ACCT. MDSE. RE TD PAID OUT C ed I I iI I I I I I I J I \ i I I I I I i I All claims and returned I, .a UST be accompanied by this bill. TAX 0009376 Byceived TOTAL !t PRINTED PNINiEO WIiM ---rte QQ PRINTED w U.S.A. �SUYINK, C��'IAriiU 6tU ROBERT L. HIGGINS 2064 N. APPLEWOOD 887-7769 MERIDIAN, ID 83642 E PAY TO TH E `o ORDER OF FI%St First Security Bank, N.A. 5eC&r M P.O. Box 627 Bank Meridian, Idaho 83680 ® FirstLine 393-4200 FOR 1: 1 24 1000641: L87 10 1 28 6695 q DATE / 92-617241 / '" / CSc �� $ �yy�� Oalails on back. 695 6 C ��� JAN 10 2000 cffvOF m�j 0, m e, )'s , c � .0c P, k P. S alv�rl= d w nl a � o u s e_ a.- C�'2 D p ��l , Aff 1e- Wopca p L ac.e-- r I k'v2- e- nctjj (f6A 0 1✓ D I-4 > INS u /e lel -i-� � � / (� f� I 1 W al a v� cX lJ a J I -P o� A V o� 4 a .1 o l✓ rc�n� �,,,N� \,K ec� ec-cc-eS L c- cL � �e G l� l ©n l� e �S 1 a w S l� F� i t! �' S (I ci h 42,cJ 0 to E- o-,af 0. 6io C.� a n L L9/I etnd 620 �►otLI? Qne `0 / aGRoSS rk 0 yl'1Y'l R s pa s e- w a o�10-' c7 Q a R e e- w Wo �ctr'�2U. 1 Rp- \%gSoIl1S$ Alf F� Go���olJ t s OL i2 e ►'h. a- q ad � J ctf TA6IVAR� DEC, /Vi /9,77 idian City Council Meetin Febru 1, 2000 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron Anderson. Members absent: Tammy deWeerd. Others present: Gary Smith, Shari Stiles, Bill Gordon, Ken Bowers, Bill Nichols, Will Berg. Corrie: All right. I'll open the City Council meeting for February 1, 2000, at 7:30 P.M. I'll have roll -call first; Mr. Clerk. Thank you. Welcome everyone here this evening. It's nice to see the warm weather. In Washington D.C., it's cold and snowy and even the taxicab people didn't want to get out. Item A. Approve minutes of January 18, 2000, Special Pre -Council meeting: Item B. Approve minutes of January 18, 2000, City Council meeting: Item C. Dog License Agreement with The Pet Hospital: Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten Mile and north of Ustick Road.- Item oad:Item F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane — 3610 W. Ustick Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I -L by Albertson's, Inc. — east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 Meridian City Council Meeting February 1, 2000 Page 2 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Item I. Findings of Facts and Conclusions of Law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry lane, west of Ten Mile on Gray Cloud Way: Item J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L -O for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L -O zone for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View.- Item iew: Item L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit — Commercial subdivision mini -storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC — 1230 East Overland Road.- Item oad:Item M. Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 10B, we need to discuss something on that; Items I, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have Meridian City Council Meeting February 1, 2000 Page 3 one thing, Mr. Bird. On Item C and the dog license agreement — do you want to — we don't need to pull it. We discussed it earlier. Bird: Are we going to take that — I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll -call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an —Certified Mailing Retu 's Project Name ml`(Q j (OG Otos File No(s) VA L Meridian Planning and zoning Commission Meeting December 14, 1999 43 De Weerd: I second that. Borup: All in favor. MOTION CARRIED: ALL AYES 7. PUBLIC HEARING: REQUEST FOR VACATION OF 20 FOOT EMERGENCY ACCESS OF.MIRAGE MEADOWS SUBDIVISION TO A NEW ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY ROBERT HIGGINS, ET AL—BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 & 20 OF CHATEAU MEADOWS EAST LOCATED AT THE END OF OAKCREST DRIVE: Borup: Brad. Hawkins: Commissioner's this application, also a vacation is generally located north of the Fred Meyer complex which is the large red CG there. There are 4 lots that are impacted by this request. The culdesac, the middle culdesac there that comes off of Oakcrest has currently this pedestrian easement which was designated on the plat and as shown in this as we mentioned in our December 3 memo the applicants, there are 4 property owners involved are primarily having problems with vandalism, problems to their fences and these are 6 foot high solid wood fences that go along this easement. Steve Siddoway, the other planner, did prepare the report. His recommendation to you in this memo dated December 3, because of the high use or frequent use of an access, we feel that in planning there is a high importance given to accessibility through different sites. There is certainly right now, and certainly not just this one, around the city where 6 foot high fences create a tunnel effect and it certainly can be an invitation to do that. We have in our current landscape draft ordinance that you should be seeing soon a recommendation that these type of pedestrian easements and walkways have clear vision fences when if they are going to be solid to be no higher then 4 feet, which would encourage that –which would discourage the vandalism that is often seen in these. So staff are recommending because of that we certainly as you have seen, Kenny Bowers, the Fire Chief has no problem with the Dixie Lane which runs along side the Fred Meyer and then it is about a 12 foot wide easement. The proposal is to change the current set up which is Ballard's at the end of Oakcrest to put a gate. The police, I mean fire chief has no problem with that design and certainly Planning and Zoning Staff does not either. Our main feeling is that you cut off the accessibility for bicycle or pedestrians and it does force that much longer route to get to the Fred Meyer and other locations south there through the north part of the subdivision. Borup: Any questions from the Commissioner's? I think the city policy for the last 4 years has been a see thru fence on any of these paths. I am not sure when that started but I know it has been at least 4 years. Is the applicant here this evening and like to come forward. Higgins: My name is bob Higgins. I live at 2064 N. Applewood Place. (Inaudible) vacation for the Butlers, Passwa's and Ball's. We've—I was under some mis- Meridian Planning and Zoning Commission Meeting December 14, 1999 44 information about having the access there at the end of Oakcrest because if you look at Windgate here, it was my understanding that is -- Due to the vandalism we have had in the past, I've got beer cans thrown over in my fence, the kids are going through pulling down the wood fence slots the last couple years and I mean I was able to tack them back on and but this year they are pulling them down and breaking them. They are busting glass there in that alley way. We've had neighbors that have broke up fights there between kids between the two different subdivisions. We are really tired of it and this year it has got worse. I don't have kids and I don't even associate with most the kids there. I go to work at 6:30 I'm out of the house. I come back between 3:30 1 get off work and I am home by 4. Sometimes I work until 5:30 and back at 7. 1 am exhausted and don't really deal with kids. My house is getting egged. My truck is egged. I file police reports. The police said they could step up the patrols. They said they have to catch them in the act. I have seen the cops in there twice and that is it, since July. It's got worse with my wood fence. It's got obscenities on it. It's got penis's on it. You name it, it got it and I don't like my fence being a sex education for the local neighborhood. After looking over the scenario, when I bought the house I was told that the property is an emergency access way. It is not a public right of way for pedestrian traffic as the planners state in there. You look at the plat, it shows a 20 foot emergency exit way—easement excuse me. Not exit. It's not pedestrian. We have been allowing people to go through there but that was out of our discretion. When it comes to insurance and liability, anybody who gets hurt in that subdivision, we pay for —either one of us or all 4 of us combined are all liable. What I am asking for is that that vacation be vacated, turned back to us so we can close it off. If you go back to that other subdivision there, we are talking for a fire department to come in they got to come in this access here on Windgate. They got to go one block here, one block here. Here we got plenty of access from Locust Grove through this road here and we are talking one extra block here, so it's not even needed. Emergency access I don't believe because in our subdivision we got 4 houses per acre versus this division here which is 8 houses per acre. If you needed a fire path or lane, there should have been a fire lane right here. I talked with Don Good this afternoon and he stated this subdivision, which was put in after our subdivision, was not required to have a fire exit. What I am asking for is please allow us to get this property back and keep us from having liability and having report it to one of our insurance's which are going to get raised. Borup: Any questions for Mr. Higgins? De Weerd: Just one. Is that property yours or is it an easement to the city. Higgins: No the property is ours. I have a letter here from the Ada County Highway District saying they have no interest in it and I can provide that to you right now. I just got that tonight. I have an addendum to that. The addendum shows the property and parcels involved where the easement comes across. Ada County Highway District it was not their recommendation. They have no interest. That fire escape is in this development right now. De Weerd: Staff, is that normal that they put an emergency access on private property. Meridian Planning and Zoning Commission Meeting December 14, 1999 45 Freckleton: Mr. Chairman, members of the Commission I think in this situation where Oakcrest Drive goes down and basically stops with intentions of going on in the future, I think that was put in as a temporary measure. On a temporary measure, yeah an easement would be appropriate avenue to take. One thing I did want to point out. This property right here is private property. It is in the county. This street coming out of Windgate comes down and basically dead ends into it. There is no public access through here right now. Higgins: That is where your incorrect sir. If you talk with city planners, Mr. Bellmont I believe it is, and Mr. Barnes, Charlie Wright who lives here in this parcel. He tried to buy this parcel right here. He was turned down by Planning and Zoning because there is a right of way across there—a 10 foot right of way for the public to go. The reason for it is because there is a new school coming down —let's see. The new school where all the Locust Grove people this side are going to be going over here. Not across Locust Grove anymore. The reason for it they have an access way that's right through here they cross through into here to go over to the school. Freckleton: Maybe a pedestrian access. Not a public street access. Borup: Right. Your talking about two different things here. Higgins: right, that is my understanding. You were talking about a public street. No okay, this is a pedestrian right of way. Freckleton: Now, this subdivision Windgate was designed to accommodate future connection to Oakcrest, right here across the top portion of this property. Currently right now you come down this street and there is a temporary paved turn around right here on the end so cars can turn around. Windgate, when it was developed, has access through Dove Meadows and a connection here to Packard. There was two public street accesses—connections. Higgins: Right, but where is the connection in here. There is none. Freckleton: No, but to get to your question as to why they weren't required to have an emergency access. That was because they have 2 public street connections. Hatcher: Bruce, can you address the letter from the fire chief because basically what Chief Bowers is stating in this letter is that they can take their fire trucks and make this turn. Basically it says our trucks will be able to make the turn from Dixie Lane where Oakcrest and Dixie Lane connect. They will need to fill the pot holes between Oakcrest and Dixie Lane to make the turn smooth". Borup: That is to the south, wasn't that correct. Hatcher: This is Oakcrest. This is Dixie Lane. It is the only intersection between— Meridian Planning and Zoning Commission Meeting December 14, 1999 46 Freckleton: Dixie Lane is right here. Goes to the south out to Fairview. Hatcher: There is a road here? Freckleton: It is a paved pedestrian emergency access. What his letter talks about is being able to come up to here and make the corner. Borup: That is how that area is in the county. That is their access down that lane. Hatcher: So there is a second access all ready Freckleton: This right here in Windgate subdivision is called Dixie Avenue. Dixie Lane is what is referred to as this access back to this parcel and is also the pedestrian access along Dove Meadows and the Avest parcel. Hatcher: So Chief Bowers is stating he can get his fire trucks down that. Freckleton: That's correct. Barbeiro: Mr. Higgins, if we vacate this then you and your neighbor would put a fence down the center line of that and each take— Higgins: We are going to be fencing it off—both sides from east Meadowood and wherever I live ... Applewood Place. Barbeiro: You said fencing off. Are you going to be putting gate between it so you can't get access or are you gong tot combine— Higgins: Tentatively right now, we are looking at just putting —not putting any fence in the middle where we got a property line. Neighbors right now are pretty (inaudible). We just want to put up a fence through here and right up over here to keep no body from going back there and from picking up the garbage and having our fences vandalized. The one thing that the planner who looked at this said we could lower our fences 4 foot. Two of these parcels have hot tubs in them. Our responsibility in keeping kids out of there, we have to have high fences. Borup: (inaudible) that is paved now. Right up to the fence line. Higgins: Correct. We've got pavement on my side of the fence that goes over 2 foot. Borup: What I am getting at, who is going to maintain—so your still going to have that 20 foot area with fences on both sides. Higgins: Each of us are responsible. We own it. Anybody gets hurt in there, we are responsible. We have to keep it clear. Meridian Planning and /-oning Commission Meeting December 14, 1999 47 Borup: So your not planning on removing the asphalt putting grass in there. Higgins: Not at this point. I don't plan on pulling it out. I just want to be able to cut the traffic flow in it. We've got people from the subdivision here that will testify to that. We just want it closed. Barbeiro: The reason I asked if you were going to put a fence down the center line and just add 10 feet either side, if you go ahead and put a gate in there, kids are still going to jump over that. Now you have a completely enclosed place where no one can look down there and – Higgins: If anybody gets down there then they are going to be facing trespass. We plan on having the thing a 6 foot fence and it is going to be just inside where the houses come out so its not going to be, you know it will be off set from the houses inside. Borup: But you have all ready stated that your not around during the day so your not there when they are doing it anyway. How you going to enforce that. Higgins: Well, we've got on individual who lives here in this parcel, they are retired and are there most of the day. So if anybody goes in there, they also got security light which usually comes on but if anybody goes in there, it is trespassing. They are going to get arrested and we will prosecute. Hatcher: Bob, may I make a friendly suggestion. You are before us to ask us to vacate this easement which I don't see it being a problem personally no problem vacating this with a secondary emergency access provided elsewhere, but all of a sudden now I do have a problem with the fact that if this is going to be vacated, I would highly recommend and maybe even make it a condition that since your guy's fences are in pretty bad shape anyway, that you take —II 4 of you – take (inaudible) back and do the improvements necessary and absorb that back into your backyard because otherwise it is just going to be an area that is going to collect junk and dirt and become— Higgins: I don't have a problem with that. If you want to make that part of the condition, we will more then gladly go that and put a fence down the middle. Hatcher: Do the other 3 applicants concur with that feeling? Higgins: I've got the parties here tonight. Borup: Just a minute. Is that any other questions that anyone has. Lets just have each of them state their name and say yes they concur with that and then we can move right along. Ballard: I am Harold Ballard and I am at 2026 N. Applewood and I would be the one just across from Bob Higgins. I will be willing to do that. Meridian Planning and zoning Commission Meeting December 14, 1999 48 Borup: Can you understand the concern with having that completely closed in area. Passwa: Joe Passwa, 2041 N. Applewood speaking on behalf of my parents Paul and Ruth Passwa. We really need to get this thing closed off. We have a real safety thing coming up here real soon. We have cars that drive in that emergency after dark when -� people were (inaudible) out there. I've got 2 of them—got motorcycles running in and out of there. Your going to hit a kid and that will be it. I concur with that. We can run center fence right down the middle. I am speaking on behalf of my parents. Ball: Deana Ball. I live at 1905 E. Meadow Wood and we have had problems with things being stolen out of our yard and driveway because kids are coming along and see them and grap them and head down the alley way and they are gone. We've had broken windshields, we have spray painting on the house just across from the alley way and if we do get to close it off, we will tear our fence down and we will use it as a parking area for our RV. We will tear the fence down so we have better access to seeing what is going on in that area. Hatfield: I am Lisa Hatfield. 2056 N. Whittier. I live in the farthest culdesac down at the very end of Oakcrest. I do support vacating that easement. I empathize with all the people that live in that area because I have walked through there and it does get pretty bad with the vandalism. My concern though-- Dixie Lane where is comes up from Fairview, it is a really narrow road. It is labeled private. My concern is right now we also have problems with a lot of garbage and that type of thing. There is 2 big barriers that are at the end of Oakcrest so the traffic can't get through, so I am concerned if that is opened up as an emergency access, will that encourage traffic like the motorcycles to go through there or will that just move the vandalism to that area. Is there any other alternatives or solutions if they make that the emergency access how they will— Borup: It is going to be a locked gate and the fire department, if they needed in, would cut the lock and go through. Hatfield: Will there be pedestrian then or just with a key. Borup: I would just stay the same then. Anyone else. Commissioner's. Barbeiro: Mr. Chairman I move we close the public hearing. Hatcher: Second. Borup: All in favor? MOTION CARRIED: ALL Ayes Barbeiro: Mr. Chairman, if there is not discussion I would move that we recommend to City Council the request for vacation of 20 foot emergency access of Mirage Meadows Meridian Planning and Zoning Commission Meeting December 14, 1999 49 Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, ET AL—Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows East located at the end of Oakcrest Drive with the staff recommendations except for discussion about the see through fence and that –apart from staff recommendations that the easement be fully closed off and a center line fence be placed there END SIDE 4 ** Barbeiro: that a property line fence be placed down the easement and be done within 6 months. Hatcher: And, a center line fence would have to be constructed gates and closing off the existing conditions not allowed. Borup: We do have a motion. Do we have a second? Hatcher: Second. Borup: Discussion. The only concern I would have is this was originally an access path, I would have some concern, but it appears that it wasn't. All in favor. MOTION CARRIED: ALL AYES 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.05 ACRES FROM M-1 TO I -L BY ALBERTSON'S, INC.—EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL: Hawkins: Commissioner's, the property is cross hatched here. They are within an existing subdivision and surrounded on all sides by existing city limits. I ask that our staff recommendation of December 3, 1999 memo on this be incorporated. There has been a legal description reviewed and approved by the Public Works Dept. that they corrected. Item number 2 on page 2 of the report. That item is taken care of. Staff had no problem with the requested light industrial zone and we do ask that a development agreement be required as a condition of annexation. Borup: Is the applicant here? Anyone from the public who would like to testify on this application? Seeing none, Commissioner's. Barbeiro: Mr. Chairman, I move that we close the public hearing. Hatcher: Second. Borup: All in favor? MOTION CARRIED: ALL AYES Meridian City Council January 18, 2000 Page 28 MOTION CARRIED: ALL AYES Item 5. Public Hearing: Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows east located at the end of Oakcrest Drive: Corrie: Item No. 5, this is a public hearing request for vacation of 20 -foot emergency access by Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al, Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows East located at the end of Oakcrest Drive. I'll open the public hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this is for an existing emergency access that also serves as a pedestrian walkway between Mirage Meadows and Chateau Meadows north of Fred Meyer. The complaint has been that there's been vandalism occurring along that section and the adjacent property owners would like that access to be discontinued. As you can see, there's this access here. There's very little inter -neighborhood access here. What they've proposed is that this be used as the access between the neighborhoods. Unfortunately, this is still county property, and the City does not control development of that piece. I don't know (inaudible). I would like the Fire Chief, Kenny Bowers, to make some comments on this and set forth his recommendation. Bowers: Mayor Corrie and City Council, when we first started talking about this, I was quite concerned because I didn't realize that the City had a piece of property in that yellow piece right by that arrow. I figured it was all county, and I didn't know how we were going to do this. But after Shari pulled it up, there is just a little piece of property that is the road that is the City property there. My biggest concern, also, was the elevation difference between where the arrow is and Oakcrest. We have taken a truck down there in that area and looked it over. With a little bit of grading, we should be able to get the elevations satisfiable to myself for the fire trucks. We did try to work out to put a gate there that we could just come up and cut the chain and go through it that way, so that would be okay with us at this time until that piece gets developed. My biggest concern is who is going to maintain that road back to that one house like in the wintertime? Part of it is asphalt, part of it's gravel, part of it's dirt. That was one of my concerns. They are still going to have to use that as a walkway to get to Fred Meyer so that gate will not be the full length of the road, to my knowledge. And we will have to make sure that there's no parking so we can swing that gate open so we're not — so the gate will not fling back and hit another vehicle and damage it, scratch it. A lot of the people, from what I understand, that visit this place here, the older house there in the county, they do park at the end of Oakcrest. So we're going to Meridian City Council January 18, 2000 Page 29 have to make sure we get some signs up or something, no parking in that area. Does City Council have any other questions? Bird: I have none. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. More of Shari. So the piece we're talking about is that little, thin sliver, the yellow piece? Right there? Stiles: He's talking about this little yellow — Bowers: City Council members, Ron Anderson, that piece right there will be part of the road that we have been discussing. The circle, the red circle to the left of that, right there, that's the part that they want to close between those four homes right there. I think the next slide has it on it, Shari. Right there. That's the piece that they want to close between the four homes. That's Oakcrest there on the bottom that runs left and right and it runs into Dixie Lane, the old Dixie Lane. Right there. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: Chief Bowers, is it called a pedestrian path or is it a road? What is that? Bowers: Mayor Corrie and City Council members, right now there is two big concrete barriers that Ada County or somebody has put there so they cannot drive from Oakcrest to the old Dixie Lane. Yes, they do that — they use that as a pedestrian walkway for those subdivisions to get to Fred Meyer and to the Chevron Station and to school. deWeerd: So what is it made up of? Is it pavement? Bowers: The pavement ends right — are you talking about — deWeerd: What you will be using as the emergency access. Bowers: Okay. Right there. That's partial pavement. Right where the arrow's at, it starts to dirt and gravel. They will be — if you pull the arrow up just a little bit farther, right there, they will put a gate that swings right there. Anderson: Mr. Mayor. Meridian City Council January 18, 2000 Page 30 Corrie: Mr. Anderson Anderson: I guess I'm confused what that piece of property has to do with the other one that they're asking to vacate, then. Bird: I'm with you. Bowers: City Council members, Mayor Corrie and Ron Anderson, years ago, this subdivision was developed, and upon the recommendation of City Council that they would put that access road in the circle into this development because that is the only way into this piece of the subdivision until Oakcrest gets built through. One way in, one way out of this subdivision. Locust Grove on your left comes in, you go one way in, one way out, and the access to get into this location for emergency vehicles was in that circle. We thought by now that Oakcrest would be punched through, but I'm not sure what the problem is of purchasing that property. Anderson: So the place where the arrow is sitting right now is not the access road that you're talking about? deWeerd: It is. Anderson: Where it is? Bowers: A new access road. The new proposed access road, yeah. The one in the circle is the old access road right there. Anderson: Okay. So you're proposing vacating that one and creating a new one. Bowers: That's what they are proposing, yes. Anderson: Okay. Get this straight. (inaudible discussion amongst Council members) Corrie: Shari. Stiles: Mr. Mayor and Council, you have our comments of December 3, 1999. Just like to reiterate that the children in this subdivision do use this micropath to go from Oakcrest Drive to Meadow Wood Street which is right here, and then they get up to Chateau because this is where they have a crossing guard assist them to get across Locust Grove Road; otherwise, these children are going to be forced to come out to Locust Grove and up here where I don't believe there are any sidewalks yet. Are there? They indicate there are sidewalks. Of course, Meridian City Council January 18, 2000 Page 31 this is all going to be widened. We are also concerned about the lack of interneighborhood connectivity because they really don't have any real access to the other neighborhoods. That's all I had. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: Shari, I have in front of me the Recommendation to City Council from P & Z, and I only have two pages to this. Were there not — I believe that P & Z had some additional comments that should be included in this. Do you — Stiles: All I have is two pages. Bird: Yeah. That's all I have. It stops right there. deWeerd: Mr. Gigray, do you have additional ones? Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, Councilman deWeerd, no. deWeerd: It seems like an odd place to just stop. Bird: It's just a recommendation. deWeerd: No. I know there was something else with this, but I don't have the minutes. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, point of information. I might encourage the Council or the Mayor to inquire of staff with regards as to what the actual statement is on the plat that dedicates the particular item which is before you because it might clarify what kind of a dedication it was. It is my concern that this is a dedication that would be an emergency access, or it could be considered in some way a road right-of-way. My opinion would be that the City Council could certainly entertain this application for its approval as would be required, but it would come under the jurisdiction of the Ada County Highway District because they're the ones that are in charge of roads and streets in this county. It seems a little unclear to me from the information that I have in my packet as to the very nature of this particular easement for which this application applies. I assume there's a note on the plat or something that designates what it is, and maybe I'm just missing it and it's in here somewhere. Meridian City Council January 18, 2000 Page 32 Corrie: Do you have that plat there, Shari? Is there — (inaudible) that he's asking? Stiles: It is emergency access. Corrie: Okay. Council, do you have any other questions of staff at this point? Okay. Since this is a public hearing, I'll hear from the applicant. Higgins: Hello. I'm Bob Higgins. I live at 2064 North Applewood Place. In reference to Ada County Highway District, they've already stated they have no interest. It was not recommended by them, and the property that's involved belongs to the people who — the easement crosses their land. Ada County has no interest in it. The only reason that was there was this subdivision — may I — does somebody have a laser or can I — Basically, when I — deWeerd: Sir, you can use that microphone. No. Right here on the stand. And you can take it off the stand if you would like. Higgins: The reason — my understanding was when this easement was put in, this emergency easement, that's all it was granted for, fire trucks to get into the subdivision, is because this subdivision at the time was not developed. And it was crossed out — in reference to paved, it's gravel right in here, and then starting down from this point becomes pavement all the way down to Fairview. So from this point here down to here, we're looking at pavement. The school — in reference to the school problems, in reference to their talking about kids going through there, it was never considered to be a pedestrian right-of-way, but as of next year, all students in this subdivision here will be going down through this subdivision because the new school is being built over right here for our subdivision. In reference to the kids walking through that alleyway, basically, they're getting good sex education because they're writing all sorts of foul language, putting obscene pictures on my fence. The liability suit of all four neighbors in this are liable if anybody gets hurt, falls down, we're liable. They can come to our insurance company and nail us. I would like to bring up one comment from my neighbor who had been walking through there, we've got a scare. Last week, as a matter of fact. His name is Joe Paswalk. Paswalk: Council, I'm Joe Paswalk, 2041 North Applewood Place. The problem in there is it's really dark. My problem with the whole thing is safety of everybody, both subdivisions. The other night I came through there and the kids were sitting along the fence, couldn't see them, you know, it was really quite a heartstopper when you're going around the corner to walk in there, and you're just right there in the dark. I'm really concerned that we're going to have a problem out there to where we're going to have some residents hurt. That's kind of out of control right now. So that's my biggest concern. The little people that go back and forth in there, that's really great, but somebody's going to get run Meridian City Council January 18, 2000 Page 33 over on either end, now, because the traffic has gotten more and more out there So I think that's my biggest concern in that walkpath out there. Thank you. Higgins: Last week before we left, I had also a letter here from Richard Stagnaro (sic). He lives on — in our cul-de-sac. He just wanted to be of record that the kids traveling between both those subdivisions, they're cutting across — when they come across, they're shooting through here and cutting right across the lawns here of Joe Paswalk and Richard Stagnaro is right here. They've got a little berm there. The kids will come right across his lawn and jump his berm. So it's just getting real irritating. I've been living there for about six years, and I finally just can't take it anymore. It's just been — this last year has just been the final point where I've got to say I can't afford the risk. I've backed up and come close to hitting kids through there, and on top of it, when I did my research and found out we own the property and we're liable, if we don't get it authorized, then I would think that we're going to be entitled to close it off manually so the Fire Department could go through it. It'll stop congestion traffic. So, it is not guaranteed a pedestrian walkway. It's only an emergency access. It was only supposed to be temporary at that point. So I'd like to give this letter and make it part of the record if you would, please. Corrie: Thank you. Council, any questions? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Sir, how long has that been used as an — I know you stated as an emergency pathway, but how long has it been used as a public pathway? Higgins: I've been there since February'93. Bird: '93. And that right-of-way is actually part of your deeded lot? Higgins: It's part of my deeded lot. There's a letter from Ada County saying they have no fee interest in that property. Bird: Are you talking about the matter from Christy Richardson (sic)? Higgins: Is she from Ada County Highway District? Bird: Yeah. Ada County Highway District staff has received and reviewed the application and site plan for the item referenced above. Higgins: No. There's a letter that says there is no fee interest in that property. Bird: It says don't have any site requirements at this time. Meridian City Council January 18, 2000 Page 34 Higgins: It was hand — it was delivered to you. Hold on. I might have a copy of that here. Bird: That one is from Christy Richardson of ACHD> Higgins: It was dated December 14th because I got it the day of a meeting. Bird: Mine is December 1St the one I've got here. Higgins: There's a letter from Ada County Highway District that's dated December 14th which they stated they had a no -fee, simple interest in that property. Corrie: Mr. Higgins, do you have that in your file? It might help us a little bit. deWeerd: Would it be the one dated November 4th. Higgins: No. This is just — I got it the day they signed off on it on December 14th when we had that meeting because I just got it that afternoon. They said it was part of this file, so I didn't bring it with me. (inaudible) It was part of the record when we were here on the 14th, and Tammy, you were here at that time. I handed it in at that point. You could check the records. It should be part of your records. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'm not sure the letter from ACHD would have any real relevance whether they're charging a fee or not. I just — Higgins: No. What it states is they don't have an interest in that party. Basically what the letter is saying is that the property involved is owned by the lot — the homeowners — the property that easement crosses. Anderson: I understand that. You mentioned that they're going to build a new grade school off to the east of that; how will the kids from your subdivision access it? Is there a way to get from Oakcrest on down to that (inaudible) Avenue? Higgins: Yeah. Right through here there's a public right-of-way, ten -foot access from the sidewalks here that goes across this lot here to North Dixie Lane. The — if you'll check the records, the Planning and Zoning guy that was here before verified that. Meridian City Council January 18, 2000 Page 35 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a couple more questions. Robert, P & Z staff themselves recommended keeping that, and Planning and Zoning recommended closing it. P & Z staff recommended possibly opening that up a little bit. It sounds like you must have six-foot high cedar fence or something on each side of it right now. Has there been any thought by the homeowners to go ahead and open that up with a chain-link fence or a lower fence so the visibility could be improved to kind of discourage kids from hanging out there? Higgins: I like my privacy. I don't like people walking through and seeing what I'm doing in my backyard, plus the lower the fences, we've got two people with hot tubs back there. The liability if we don't keep high fences, we can get sued. Either that or lose our homeowners. Right now, I'll be really — I think we're going to be in a Catch-22 situation for anybody who gets hurt in there, and our homeowners pays for it and they find out they're on the hook for that every time somebody gets hurt because my — it's just like a dog biting. Your insurance will pay for it once, but if it happens again, they'll cancel your homeowners. When they put that in there, the City Council before, I think they forgot about the liability factor of the — *** End of Side 2 *** bicycles, making rumps and jumping in there. These — the Balls who live in the — right here on this (inaudible) Meadowwood, she's not here tonight, but she's come close to — their driveway's right next to the fence and backing out, kids come around through there and she comes close to hitting a kid of their bicycles. So it's just a matter of — it's not — if it's going to happen, it's just a matter of when it's going to happen. The vandalism that I've had on my fence, I mean, I was going to have to report it to insurance, and I'm not looking forward to that, because when it happens, they're going to say we'll pay for it once, but come next time, who's going to pay for it? I have to pay for it? I don't think that's right. Corrie: Anything else? Higgins: No, that's it for me. Corrie: Thank you. Anyone else like to testify? Okay. Questions of the Council? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council January 18, 2000 Page 36 Anderson: One more question for Mr. Gigray, a legal question. The homeowners had talked about their liability. Educate me a little bit. The pathways now that are being created in newer subdivisions, are those common areas? Is that why there's no liability with those homeowners and this is set up differently because this was an emergency access at the time, or do the current ones that we require or ask for, do they still have the same liability? Gigray: Mr. Mayor, members of the Council, I think the issue of liability would be fact -driven, and that would be what is actually happening out there. If these property owners are in possession and maintaining possession of the property and are aware of or have conditions there knowing it's public use, it would be endangerment to people using it, I would say they probably incur some liability. If this is, in fact, a dedicated right-of-way, which it sounds to me like it is, to me, the ownership interest of that right-of-way would be held by the Ada County Highway District. What these property owners, if they've got some concerns about liability or, in fact, damage to their property by the public use of that, that they need to confer with Ada County Highway District about closing it off. One of the things that I think is going to be difficult for you to make a decision about this application, and I might urge that you might consider continuing this hearing to get more information is I'd like to see what the plat says and the language of the dedication. It sounds to me like the evidence produced so far would indicate that there's been public use of this for a period of greater than five years which, I think, creates public right-of-way issues that get outside of the City's jurisdiction at this point other than your jurisdiction to consent any vacation of that right-of- way by the Highway District. If it's like we maintain pathways within our parks systems, and that's into the jurisdiction of the City, and it's the City's responsibility and not the private property owner. Corrie: Any other questions? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 5. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Public hearing is closed. Any further discussion? deWeerd: Mr. Mayor. Meridian City Council January 18, 2000 Page 37 Corrie: Mrs. deWeerd. deWeerd: How do we obtain the information on if it's a dedicated right-of-way and it's not? Corrie: Shari, Gary? Smith: Mr. Mayor, Council members, I'm looking at a reduced copy of the plat from Mirage Meadows which was recorded in 1990. A reduced copy of the plat of Chateau Meadows East No. 1 which was recorded in 1990. Both plats show this as a 20 -foot wide emergency access easement. It's not a dedicated public right-of-way by the plat. The plat from Mirage Meadows shows it as a 20 -foot emergency access easement, fenced both sides with 20 -foot of asphalt pavement. So it was dedicated as an easement on the plat. An easement only. deWeerd: So it's not a right-of-way. Smith: It's not dedicated as a right-of-way if there's something about use of the property over a period of time, as Mr. Gigray commented that it turns it into a public right-of-way, I don't know. But the plat did not dedicate it as a public right- of-way. It showed it as an easement across the property. deWeerd: And when was that platted? Smith: 1990. Corrie: So, Mr. Gigray, then we could vacate that property; correct? Or not? You hesitated a bit. Gigray: Mr. Mayor, members of the Council, I think first of all you've closed the public hearing. If we're going to get additional information, I would just think procedurally you should re -open the public hearing to receive that. I'd certainly be more than happy to look at that, but quite frankly, it seems to me that there's a dedication for emergency access or for access, we're getting into issues for right- of-way. You can have access of ingress and egress that are easements to properties which are right-of-way and if the dedication says it's dedication to the public, then I think we need to examine that to determine what the rights are there in terms of the potential interest of the Ada County Highway District. Now, we have in the past granted vacations and then put a notice in that order of vacation that the applicant is advised that they may wish to seek the approval of the Ada County Highway District as kind of a hedge of representing whether or not the City has that ultimate authority, and then they would proceed to the Ada County Highway District. If they decline that they have any interest in it, they could get a ruling from the Commission and that might resolve the issue. That's just an issue that comes to my mind. The City would have to approve it if the Ada County Highway District were going to vacate it, it would have to have the Meridian City Council January 18, 2000 Page 38 City's approval because it's in the City. I mean, it wouldn't be a waste of time to go through this with — it makes a little difference on how I write up an order if you were going to grant this. It's one of my concerns. Corrie: So that I am hearing what I think I'm hearing, you're asking that we open the public hearing back up and table it — continue the public hearing to the next meeting until we get information; is that correct? Gigray: Well, either that or at least receive the information that the Public Works Director provided so we can get that plat information into the record. I don't have it in my packet. It may be there and I just don't know it. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we re -open the public hearing for Mirage Meadows Subdivision. Bird: Second. Corrie: Motion made and seconded to re -open the public hearing on Item No. 5. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Re -open the hearing. If you will please enter that testimony on the record. Smith: Thank you, Mr. Mayor, Council members. The two plats involved in this request are Chateau Meadows East No. 1. It was created in 1990. Mirage Meadows Subdivision also created in 1990. Both of these are recorded subdivisions at Ada County Recorders Office. The easement under question is noted on the plat as Chateau Meadows East No. 1 as a twenty -foot emergency access easement, fenced both sides with 20 feet of AC pavement. The easement description on Mirage Meadows Subdivision is a 20 -foot emergency access easement, fenced both sides with 20 feet of AC pavement. These are shown as easements, ten feet each side of the property line as platted. I think that was all I related to you earlier. Corrie: Okay. Mr. Gigray, is that what we needed? Gigray: Thank you, Mr. Mayor. Corrie: All right. Any other discussion of the public hearing? Meridian City Council January 18, 2000 Page 39 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Question for Mr. Gigray, then. Does that testimony change any of your thoughts about that there's still some question about whether this would be a dedicated right-of-way or not? Gigray: My opinion is what I've heard that it is. That's my opinion. At the same time, even if it is, the Council is required to give its approval, although, I think the proper procedure in those instances is to make application to ACHD, they run it through, and then you run your approval to them. But we've done it the other way. It just makes a difference in the language I do in the Order if you grant this. Now, I believe this applicant may want to address what's been said here. Higgins: Yeah. I would. Gigray: That's up to you, Mr. Mayor. I'm sorry. Corrie: That'd be fine if you give your name, please, again. Higgins: My name's Robert Higgins, I'm at 2064 North Applewood Place. I went to Ada County Highway District. They — that's the reason I got that letter that's in here, and I can get you another copy of that letter that says they have a no -fee interest, simple interest in that property. I've got a license application that's been approved to put the gate up. Ada County Highway District, the letter that's part of your file, you should have it, they have no interest in it. They've — was not a requirement for them when they put that subdivision, when this subdivision went in. So what they told me is I have to go before City Council. Now you're telling me to go back to Ada County Highway District again so they can provide you another letter that says they have no interest. I'm — I hate to say this, but bureaucracy here is kind of driving me wild here because I'm trying to get things resolved, and Ada County Highway District — it's not a requirement. It was never a requirement for that easement to be put in. The City of Meridian put it in. The plat I've got here, all it says is it's an emergency access only. So I'm trying to jump through the hoops here and make everybody happy, but I can't — I wish I would have kept — I went through my stuff to get rid of stuff which I didn't think I needed, and that letter was part of it because I had a copy of it. Let's see. That's — you've got the copy. This is a plat which I got with my title report on this property. I'll — let me show it to Mr. Bill Gigray. Gigray: What he read was what's on the back of the plat Bird: (inaudible) Meridian City Council January 18, 2000 Page 40 Higgins: So I would like to get this matter resolved without having to come back and get this matter resolved. I mean, I don't know what else I can provide you. Corrie: Okay. Thank you, Mr. Higgins. Okay. Anybody else for a public hearing? Information? Okay. Bird: I move we close the public hearing. Anderson: I'll second it again. Corrie: Motion's made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. You have your two choices here, folks; you can approve the request for vacation to the Council or you can do what Mr. Gigray suggests. Bird: Mr. Mayor, I'm going to try this. I move that we get the Findings of Facts and Decision of Order for the request of vacation for the 20 -foot emergency access of Mirage Meadows Subdivision to a new access — I don't know why that is even in it, but at the end of Oakcrest Drive by Robert Higgins, Block 1, Lot 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 at Chateau Meadows East located at the end of Oakcrest Drive and that they are to in this motion, they are to go after we pass it, they are to go get it approved by ACRD. Corrie: Okay. Motion made by Mr. Bird. Is there a second to the motion? Hearing none, motion died for lack of second. I'll entertain another motion. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: Can there be discussion? I would like to know why he was suggesting to go to ACHD on when this was not a dedicated right-of-way. Corrie: Mr. Bird. Bird: I believe that it being open to the public for five years it is a right-of-way and it can be proven to be a right-of-way, a public right-of-way that's been used for five years as a public access even thought the plat does call (inaudible). Corrie: Mr. Anderson. Anderson: Mr. Mayor. Are you done, Keith? I'm sorry. I have questions. It sounds like we still have discrepancy between what our legal counsel is telling Meridian City Council January 18, 2000 Page 41 us, what he believes and what the City Engineer and what the applicant believes, and I guess for me to vote on this with a clear conscience, I'd like to have this cleared up first. I sympathize with the applicant, and I don't want to send him running back and forth to ACHD a million times. Is that something that our staff could clear up between Bill and Gary, or would it require more visits to ACHD? Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, Councilman Anderson, to answer your question, there's a possibility if I could look at the plat and the language on the back of the plat which I don't have in front of me, I don't know if this is a dedication to the public. If it is a dedication to the public which is standard language that I've seen in plats that show that they're dedicating these various things and it is, in fact, an access for emergency vehicles, I don't think that providing access to some private property owner to have emergency access across this to another piece of property. So therefore, it would seem that it would be some kind of dedication to the public which I think raises jurisdictional issues here which you don't have in other counties where you don't have a county highway district because the City's in control of its roads and streets as well, and can handle the whole thing itself. My understanding of the law with regards to Highway District law is that they are in control of the public rights-of-way whether they're dedicated or otherwise and it's properly within their jurisdiction to do final authority on vacation. As far as easements are concerned for utilities, we've been able to clarify with them that they don't claim that jurisdiction. We have interpreted the statute to provide that the City can do that by following the procedure and we don't have the same problem. If this were utility easement, I wouldn't have this concern. Be that as it may, what we've done in the past is we have prepared Orders and simply granted the application, and you've directed so with the various Findings, and we've just provided a proviso in there that the applicant is advised to consult with the Ada County Highway District to get a determination from them as to whether or no they claim any interest in this right- of-way or not because, I assume, if they ever sell that property, that could show up as an exception on their title policy as to whether or not that vacation was done properly or not. I'm just telling you what my view is about the law in this particular regards. You can take whatever action you see fit, but I see that as an issue here. I can put that language in the order which was kind of what I understood the motion of Councilman Bird to be or I'll leave it out. Bird: That's what I meant. Anderson: Now with the explanation, I wouldn't mind seconding Councilman Bird's original motion if he wants to re -make it. Bird: Re -state it because I can't remember it. Go back to the tape. I'll make it again. Let's see. How did I do that? I move that we approve the vacation of 20 - foot emergency access of the Mirage Meadows Subdivision to a new access Meridian City Council January 18, 2000 Page 42 located at the end of Oakcrest Drive by Robert Higgins, Block 1, Lot 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows East located at the end of Oakcrest Drive with the addition of the owners are to go to Ada County Highway District and see if they have any interest in this. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded. Any further discussion on the motion? Okay. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Anderson: Mr. Mayor. Corrie: Mr. Anderson Anderson: Following in the footsteps of my esteemed colleague and previous Council member Bentley, I would like to call for a ten-minute break. Bird: Second. Corrie: Motion made and seconded to take a ten-minute break. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES (Meeting reconvened at 9:45 p.m.) Come: We're on Item No. 6. I'd like to take a call here. How many are here for the Magic View Office Complex by W. H. Moore? Okay. And how many are here for the Hawkins Smith, the Walgreen's? Okay. We may not get to Items 9 and 10. If there —10:30 if it lasts longer because we won't have enough time to get to all of them. We'll ask— at 10:30 we'll see where we are at about 10:15. If we have enough time, we'll poll the Council and see if they want to add the Item 9 and 10 postponed until the meeting on February 1 t. We'll kind of give you an idea where we are and see what the time is at that time. Item 6. Public Hearing: Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry Lane, west of Ten Mile on Gray Cloud Way: Corrie: Item No. 6, public hearing, this is a request for vacation of easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry Lane, west of rao ,40A cOLIzYrnc��l)i� �7- 1� GJ' 13 Piki t: 37 FILE COPY BEFORE THE MERIDIAN CITY COUNCIL RECORDED • REOUEST OF EEE DEPUTY 12p,! 00028041 This matter coming on regularly before the City Council at its regular meeting on the 18th day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe Pasewalk, appeared and testified in favor of the emergency easement vacation, and Richard Stagnaro addressed the issue through a letter which has been placed on record, 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 Findings of Fact and Conclusions of Law and - Page 1 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 01-24-00 IN THE MATTER OF THE REQUEST ) CASE NO. VAC -99-006 FOR 20 FOOT EMERGENCY ACCESS ) EASEMENT VACATION BETWEEN ) MIRAGE MEADOWS SUBDIVISION ) FINDINGS OF FACT AND AND CHATEAU MEADOWS EAST NO. 1 ) CONCLUSIONS OF LAW SUBDIVISION, MERIDIAN, IDAHO ) AND ORDER OF VACATION OF 20 FOOT EMERGENCY ROBERT L. HIGGINS et al, APPLICANT ACCESS EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 18th day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe Pasewalk, appeared and testified in favor of the emergency easement vacation, and Richard Stagnaro addressed the issue through a letter which has been placed on record, 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 Findings of Fact and Conclusions of Law and - Page 1 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1 • Easements shall be vacated in the same manner as streets. {I. C. § 50-1325}. 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 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 (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, Findings of Fact and Conclusions of Law and - Page 2 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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. {I.C. § 50-1306A (1), (2), (3) and (5)1 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1 • Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the 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 hereon. 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 approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights- of-way or lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights of way in such proportions as are prescribed by law. Findings of Fact and Conclusions of Law and - Page 3 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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 1 • The easement, which is the subject of the above named application is that certain easement referenced in the Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, upon said Plats designated as 20 foot emergency access easement fenced both sides within 20 feet of A.C. pavement, and which is generally located between N. Applewood Place and E. Meadow Wood St. in Meridian, Idaho. 2• Robert L. Higgins of 2064 North Applewood Place, Harold and Earlene Butler of 2067 North Applewood Place, Paul and Ruth Pasewalk of 1875 E. Meadow Wood St., and Timothy and Deanna Ball of 1905 E. Meadow Wood St, all owners of their property, [see attached Exhibit "A" for Ada County Recording information], filed a petition for the vacation of a 20 foot emergency access easement between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and Chateau Meadows East No. 1 Subdivision, Lots 19 and 20, Meridian, Idaho. 3. The legal description of the emergency access easement which is the subject of this petition is set forth in Finding of Fact No. 1. 4. The names of the persons affected by the petition to vacate include: 4.1 The applicants/ owners of the property are Robert L. Higgins, Harold and Earlene Butler, Paul and Ruth Pasewalk, and Findings of Fact and Conclusions of Law and - Page 4 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 Timothy and Deanna Ball, attached as Exhibit "B" is said Vacation Application with said signatures. 4.2 City of Meridian Fire Department. 1. The Council has received the Recommendation To Council of the Planning and Zoning Commission on this matter. 2. The particular circumstances of the requested vacation are as follows: The requested vacation is due to the fact that the intent of the subject easement was to provide for emergency access only which was not designated as to whom, and there has been a showing that the easement is not needed for fire or life saving emergency services, and the subject area has presented security problems, and has provided access to neighboring properties that has resulted in vandalism, and the same presents safety issues with pedestrian use which is not the designated or permitted use of the easement. 3. Written notice of the public hearing on 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. Such notice of the public hearing was also published once a week for two (2) successive weeks in the official newspaper of the city, the last of which was not less than seven (7) days prior to the date of said hearing. 4. That no objection to the vacation has been received although by the nature of the facts in this matter, it is considered precautionary that the Council inform the applicant that they should seek determination from the Ada County Highway District as to whether or not they require any action of vacation on this matter, which the Council herein makes no finding regarding the same, other than the record reflects that the Ada County Highway District is informed of these proceedings and has not made any such claim. 5. The affected easement holder, City of Meridian Fire Department, Findings of Fact and Conclusions of Law and - Page 5 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 has agreed to the requested vacation in writing which is attached as Exhibit "B" and which letter is from the Meridian Fire Chief, Kenny Bowers, dated December 14, 1999, pertaining to the Meridian Fire Department's requirements and approval. 6. All publication costs have been paid by the petitioners. DECISION AND ORDER OF VACATION OF UTILITY EASEMENT Now, therefore, based upon the above and foregoing statement of legal authority and jurisdiction and statement of facts relative to legal authority and jurisdiction, the City Council does hereby ORDER and this does ORDER that: 1. The certain 20 foot emergency access easement is hereby vacated and is more particularly described as follows: Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, Ada County, Meridian, Idaho. 2. It is noted that the provisions of I.C. § 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant is advised to contact the Ada County Highway District to determine if they claim any jurisdiction over this access easement. 3. The City Clerk shall cause a copy of this order to be served upon the any 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 Please take notice that this is a final action of the governing body of the Findings of Fact and Conclusions of Law and — Page 6 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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 day of , 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILPERSON deWEERD COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2 , l— &'762 VOTED VOTED VOTED_/'4F� VOTED VOTED Copy served upon Applicant, the Planning a Zoning Department, Public Works Department and City Attorney. / /\ B ity Clerk Robert D. Corrie DATED: p t�;��'�.'•.� is J�Sjaz� Findings of Fact and Conclusions of Law and - Page 7 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 STATE OF IDAHO, ) ss. County of Ada. ) On this Sf' day of FQ U 49!1 , 2000, before me, the undersigned, a Notary Public in and for sai# State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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. •�'� LTG ♦�' (SEAL) �y� $,OTf'�'� • `���� NU Notary lic for Idaho Commission Expires: / LOO s ` ,�UgLZG�p msg/Z: \Work\ M \Meridian 1%-'iem-1 Wage Meadows & Chateau Meadows EmergncyAccessEsmtVAC \ EmgcyAccessEasmtVAC Findings of Fact and Conclusions of Law and — Page 8 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 �•�,'.°cus* wave no,o 46 7.0 II °� I• 9 vc \ ® all �oc.«ess o0'e.' •E O sI �ls. � a e-' C1 -A411 `;9 " D J a rn a C r ° rn inrn m Q ) o D 2 z m D _ m Z - Oan O Z (� n n 0 3 Da a _ z { ti = ZZ �c rn ° D ° C1� C ti 1 Z U ZD D 7 Imo!— I I:YI i of !a'1. v �!s��W`� o �b s "```�rjjj"'�o""" _�,,,,e ...... ��:��'.;� 1 .�,;i: "$ UNPLATTED z Io axk �' +" � x � '" P � ■ a r �� Mi g 2 O i a� T7 � V �ar- ^ e 0 � mD C --R o 0 F n � o p r r -- ,i — — � 9 Z O � F L=o D �f L n b'@ a 33 E. Idaho Street, Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-4813 Cl" il VACATION APPLICATION (RE: Meridian Zoning Ordinance) FILIJ YAC -99-006 APPLICANT (s): Robert L. Higgins, Harold & Earlene Butler, Paul and Ruth Pasewalk. Timothy and Deanna Ball PHONE: 208-887-7769 ADDRESS: Higgins residence 2064 North Applewood Place, Meridian, Idaho 83642 Butler residence 2067 North Applewood Place, Meridian, Idaho 83642 Pasewalk residence 1875 E -Meadow Wood St., Meridian, Idaho 83642 Ball residence 1905 E. Meadow Wood St., Meridian, Idaho 83642 OWNER: RoberfV Hii?�ins ` ADDRESS- Higgins 2064 North Applewood Place, Meridian Idaho 83642 PHONE: 208-887-7769 Butler 2067 North Applewood Place,'Meridian; 'Idaho 83642 Pasewalk' " 1875E-,Mead6 erididfifdaho�83642' , Ball 1905-E. Meadow Wood.St: 'Meridian,-!Idaho'83642 �5-v- y6.27 - GENERAL LOCATION: emergency access from North Applewood Place to East Meadow Wood Street, Meridian Idaho. LEGAL DESCRIPTION OF PROPERTY: 20 foot emergency „access located -Block 1 on Lots 16 and 17 of Mirage Meadows subdivision and Chateau 1Vleadows East No '1''Block on Lots' 19 and 20. PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: Residential �'t-g/ ark ems) 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 PROPOSED VACATION: 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirage adows s bdivision a d Chateau Meadows East No. 1 Block on Lots 19 and 20. Signatu Obert L. Higgins Signature Signature: Signature: Paul Pasewalk Ru %sewalk N Weanna R. Ball Earlene Butler z�;�/x1 / lz l Mayor -3(PPPPROBERT D. COME Ci(y Council Me nbers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Lige CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 885-4433 • Fax (208) 887-481 Cin' Clerk Fax (208) 888-4218 December 14, 1999 Meridian Planning and Zoning Commission 33 East Idaho Meridian, ID 83642 Re: Emergency Access of Mirage Meadows Subdivision LEGAL DEPARTMENT (208) 288-2490 • Fax 288-2501 PUBLIC \CORKS BUILDING DEPARTMENT (20,0) 387-2311 • Fax 887-1'_97 PLANNING AND ZONING DEPARTMENT 1208)88=-553_ • Fuz 887-1297 I?ECEIVIET) DEC ! 41 1009 CITY OF INIERIDUN Where Oakcrest and Dixie Lane connect, there can be a gate put in place where the barricades are now. Our trucks will be able to make the turn from Dixie Lane. They will need to fill the potholes between Oakcrest and Dixie Lane to make the turn smooth. The gate can be locked with a chain and paddle lock. We will just cut the chain. Someone will need to be in charge of the gate for the maintenance. Sincerely, bj 1 f Kenny Bowers Meridian Fire Department 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR 20 FOOT EMERGENCY ACCESS ) EASEMENT VACATION BETWEEN ) MIRAGE MEADOWS SUBDIVISION ) AND CHATEAU MEADOWS EAST NO. 1 ) SUBDIVISION, MERIDIAN, IDAHO ) ) ROBERT L. HIGGINS et al, APPLICANT ) 01-24-00 CASE NO. VAC -99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF 20 FOOT EMERGENCY ACCESS EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 18th day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe Pasewalk, appeared and testified in favor of the emergency easement vacation, and Richard Stagnaro addressed the issue through a letter which has been placed on record, 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 Findings of Fact and Conclusions of Law and - Page 1 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. § 50-1325}. 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 J.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 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 (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, Findings of Fact and Conclusions of Law and - Page 2 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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. J.C. § 50-1306A (1), (2), (3) and (5)1 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the 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 hereon. 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 approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights- of-way or lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights of way in such proportions as are prescribed by law. Findings of Fact and Conclusions of Law and - Page 3 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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 1. The easement, which is the subject of the above named application is that certain easement referenced in the Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, upon said Plats designated as 20 foot emergency access easement fenced both sides within 20 feet of A.C. pavement, and which is generally located between N. Applewood Place and E. Meadow Wood St. in Meridian, Idaho. 2. Robert L. Higgins of 2064 North Applewood Place, Harold and Earlene Butler of 2067 North Applewood Place, Paul and Ruth Pasewalk of 1875 E. Meadow Wood St., and Timothy and Deanna Ball of 1905 E. Meadow Wood St, all owners of their property, [see attached Exhibit "A" for Ada County Recording information], filed a petition for the vacation of a 20 foot emergency access easement between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and Chateau Meadows East No. 1 Subdivision, Lots 19 and 20, Meridian, Idaho. 3. The legal description of the emergency access easement which is the subject of this petition is set forth in Finding of Fact No. 1. 4. The names of the persons affected by the petition to vacate include: 4.1 The applicants/ owners of the property are Robert L. Higgins, Harold and Earlene Butler, Paul and Ruth Pasewalk, and Findings of Fact and Conclusions of Law and - Page 4 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 Timothy and Deanna Ball, attached as Exhibit "B" is said Vacation Application with said signatures. 4.2 City of Meridian Fire Department. 1. The Council has received the Recommendation To Council of the Planning and Zoning Commission on this matter. 2. The particular circumstances of the requested vacation are as follows: The requested vacation is due to the fact that the intent of the subject easement was to provide for emergency access only which was not designated as to whom, and there has been a showing that the easement is not needed for fire or life saving emergency services, and the subject area has presented security problems, and has provided access to neighboring properties that has resulted in vandalism, and the same presents safety issues with pedestrian use which is not the designated or permitted use of the easement. 3. Written notice of the public hearing on 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. Such notice of the public hearing was also published once a week for two (2) successive weeks in the official newspaper of the city, the last of which was not less than seven (7) days prior to the date of said hearing. 4. That no objection to the vacation has been received although by the nature of the facts in this matter, it is considered precautionary that the Council inform the applicant that they should seek determination from the Ada County Highway District as to whether or not they require any action of vacation on this matter, which the Council herein makes no finding regarding the same, other than the record reflects that the Ada County Highway District is informed of these proceedings and has not made any such claim. 5. The affected easement holder, City of Meridian Fire Department, Findings of Fact and Conclusions of Law and - Page 5 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 has agreed to the requested vacation in writing which is attached as Exhibit "B" and which letter is from the Meridian Fire Chief, Kenny Bowers, dated December 14, 1999, pertaining to the Meridian Fire Department's requirements and approval. 6. All publication costs have been paid by the petitioners. DECISION AND ORDER OF VACATION OF UTILITY EASEMENT Now, therefore, based upon the above and foregoing statement of legal authority and jurisdiction and statement of facts relative to legal authority and jurisdiction, the City Council does hereby ORDER and this does ORDER that: 1. The certain 20 foot emergency access easement is hereby vacated and is more particularly described as follows: Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, Ada County, Meridian, Idaho. 2. It is noted that the provisions of I.C. § 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant is advised to contact the Ada County Highway District to determine if they claim any jurisdiction over this access easement. 3. The City Clerk shall cause a copy of this order to be served upon the any 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 Please take notice that this is a final action of the governing body of the Findings of Fact and Conclusions of Law and - Page 6 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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 % day of , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED Q - COUNCILMAN BIRD VOTED et' COUNCILPERSON deWEERD VOTED_ COUNCILPERSON McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2 — 1 e;'L! Copy served upon Applicant, the Planning a Zoning Department, Public Works Department and City Attorney. n ay r Robert D. Corrie B DATED: t/ ity Clerk S. IL �Ob Findings of Fact and Conclusions of Law and - Page 7 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 f.� -OCUST : OVF +O.0 e`Y e.w>• � \ l 1 D m a Z - e I 'I � itY..EYg�g eRL� :i i5` ie o� r � rn Ln m r o Z T n O _ m Z Lo � `1 =- Lo O � C)s O z O 2 — a r n v J Z ° a e'=Yg,gci"��� Lo 2 ti Z` z U O '(l to +0.'.. .. ry• ' �_i�e n Qn_ :.rie •. r r - -O � • it -}- .. ........... 0 \ l 1 D J a Z - e I 'I z D o� r � rn Ln m r o Z T n O _ m Z Lo � `1 =- Lo O � C)s O z O 2 — a r n v J Z ° a C1) Lo 2 ti Z` z U O O z H N. LOCUST GROVE BASIS OF BEARING 7 1 --- =-s nac•W_� of uao.as' alv Ic a U " UNPLATTED I v 0 C y 2 2 L C e g I � n D Sdo .......... +3 s�'�e j• 5� •eo it.t..a m Ape v:•.�a• :^ .:F �o Wig 12 .. jj --_ T C R � 0 f ' o t _ o' w '^a ng z^ — - - Em rzo D y c t�7 _ _ 0 .' 33 E. Idaho Street, Meridian, ID 83642 fi'J' Phone: (208) 884-5533 Fax: (208) 887-4813 ci' VACATION APPLICATION (RE: Meridian Zoning Ordinance) yac_ APPLICANT (s): Robert L. Hiaains Harold & Earlene Butler. Paul and Ruth Pasewalk Timothy and Deanna Ball PHONE: 208-887-7769 ADDRESS: Higgins residence 2064 North Applewood Place Meridian, Idaho 83642 Butler residence 2067 North Applewood Place Meridian, Idaho 83642 Pasewalk residence 1875 E Meadow Wood St. Meridian Idaho 83642 Ball residence 1905 E. Meadow Wood St., Meridian Idaho 83642 OWNER. Rob`e'rt L:'Hi�ains ' ADDRESS: Higgins 2064 North Applewood Place Meridian Idaho 83642 PHONE : 208-887-7769 Butler 2067 North Applewood Place Meridian Idaho 83642 Pasewalk` ` 187.5RE�Mead6 Wood,'}St: Meridian=Idah&83642 Ball 1905 E. Meadow Wood St. " Meridian ,Idaho 83642 - rte- �6� 7 - GENERAL LOCATION: emergency access from North Applewood Place to East Meadow Wood Street, Meridian Idaho. LEGAL DESCRIPTION OF PROPERTY: 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirage Meadows subdivision and ChateauMeadows East No.1 Block on Lots' 19 and 20. ` PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: Residential (9,4' 0 r\CA!r_' 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 (330 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 PROPOSED VACATION: 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirageadows s bdivisionZad Chateau Meadows East No. 1 Block on Lots 19 and 20. S ignatu Obert I Higgins Signature: Paul Pasewalk Ru Pasewalk Signature: r�"' /11� Tim R. Ball Deanna R. Ball Signature: Harold Butler ���-- cJ G 35- Earlene Butler ROBERT D CORRIF Cav Council'vIcmbers CHARLES ROUNTREE GLENN BENTLEY RON ,ANDERSON KEITH BIRD Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN. IDAHO 83642 C2081 S88-4433 • Fax ( 208) 887-4813 Cm Clerk Fax C' -W 88S-4218 December 14, 1999 Meridian Planning and Zoning Commission 33 East Idaho Meridian, ID 83642 Re- Emergency Access of Mirage Meadows Subdivision LEGAL DEPARTMENT ('0S)'SS-'_190 • Fay _8S-'501 PUBLIC \CORKS BUILDING DEPARTMENT (_08) 887-2-211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (-'OS) tib-'-jj,. • Faz 887-1297 1?-ECEIVEI) t � c, Looe CITY OF MERIDLA'V Where Oakcrest and Dixie Lane connect, there can be a gate put in place where the barricades are now. Our trucks will be able to make the turn from Dixie Lane. They will need to fill the potholes between Oakcrest and Dixie Lane to make the turn smooth. The gate can be locked with a chain and paddle lock. We will just cut the chain. Someone will need to be in charge of the gate for the maintenance. Sincerely, i f Kenny Bowers Meridian Fire Department The Idaho City Of Meridian Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE Account Number/Trans. # -' Identification - 064514 176257 PUBLIC HEARING - HIGGINS P.O.Ordered -.O. Number - -- -- _- Y Rale Run Dates SHELBY NT CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC 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 January 18, 2000, for the purpose of reviewing and considering the application of Higgins, Butler, Pasewalk and Ball for a vacation of a 20 -foot emergency access located at Block 1 on Lots ib and 17 of Mirage Meadows Subdivision and at Chateau Meadows East No. 1 Block on Lots 19 and 20. 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 dur- ing regular business hours. A COPY of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23rd day of December. WILLIAM G. BERG, JR., CITY CLERK Pub. Dec. 31, 1999, Jan. 14, 2000 5902 Amount Due $46.56 _DECEMBER 31,-1999, JANUARY 14, 2000 Estimated Inches Real Inches 33 LINES # Affidavits Legal Number 1 5902 JANICE HILDRETH, being duly worn s, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ❑ consecutive weekly ❑ single ❑ consecutive daily El odd skip insertion(s) beginning with the issue of DECEMBER 31 1999 and ending with the issue of JANUARY 14 2000 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 14TH day of JANUARY in the year of 2000 , before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary ublic for Idaho Residing at: Boise, Idaho My commission expires: January 26, 2000 MERIDIAN CITY COUNCIL MEETING FEBRUARY 1, 2000 APPLICANT: ROBERT HIGGINS, ET AL AGENDA ITEM NUMBER: H REQUEST: VACATION OF 20 -FOOT EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW ACCESS LOCATED AT THE END OF OAKCREST DRIVE AGENCY CITY CLERK: COMMENTS wee FindA'r�s '[7-000 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: OTHER: Materials presented at public meetings shall become property 1411 Find lnj-� a t 444 ed a i--& J�o� dod CBPP �f._ J vls� dM645, a6 . interoffice MEMORANDUM To: From: Subject: Date: William G. Berg, Jr. Wm. F. Gigray, III �w 1?FCE-1V JAN 3 1 2000 CITY OF NIERID Robert L. Higgins Emergency Access Easement Vacation/VAC-99-006 January 25, 2000 Will: Please find attached the original of the Findings of Fact and Conclusions of Law and Order of Vacation of 20 Foot Emergency Access Easement, for the property located between Mirage Meadows Subdivision and Chateau Meadows East No. 1 Subdivision. Please present to the Council for their February 1, 2000, meeting. If Council approves the Findings, then please send conformed copies to the Applicant, Planning and Zoning, Public Works, City Attorney and any affected persons who placed a request. Additionally, if approved please note in the DECISION AND ORDER that you will need to address numbers 3 and 4. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\Mirage Meadows & Chateau Meadows EmergncyAccessEsmtVAC\C1erk012600.Mem BEFORE THE MERIDIAN CITY COUNCIL 01-24-00 IN THE MATTER OF THE REQUEST ) CASE NO. VAC -99-006 FOR 20 FOOT EMERGENCY ACCESS ) EASEMENT VACATION BETWEEN ) MIRAGE MEADOWS SUBDIVISION ) F1 AND CHATEAU MEADOWS EAST NO. 1) C(- CSUBDIVISION, SUBDIVISION,MERIDIAN, IDAHO ) AN. OF' ACC, ROBERT L. HIGGINS et al, APPLICANT) `1 This matter coming on regularly before the City Council at its regular meeting on the 1 Sth day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe Pasewalk, appeared and testified in favor of the emergency easement vacation, and Richard Stagnaro addressed the issue through a letter which has been placed on record, 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 Findings of Fact and Conclusions of Law and — Page 1 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 makes the following Findings of Fact and Decision and Order. 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, Findings of Fact and Conclusions of Law and — Page 2 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 r"IN el'1 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. {I.C. § 50-1306A (1), (2), (3) and (5)1 Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: A. 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. B. 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 approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a Findings of Fact and Conclusions of Law and — Page 3 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 quit -claim deed for the vacated rights of way in such proportions as are prescribed by law. 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 1. The easement, which is the subject of the above named application is that certain easement referenced in the Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, upon said Plats designated as 20 foot emergency access easement fenced both sides within 20 feet of A.C. pavement, and which is generally located between N. Applewood Place and E. Meadow Wood St. in Meridian, Idaho. 2. Robert L. Higgins of 2064 North Applewood Place, Harold and Earlene Butler of 2067 North Applewood Place, Paul and Ruth Pasewalk of 1875 E. Meadow Wood St., and Timothy and Deanna Ball of 1905 E. Meadow Wood St, all owners of their property, [see attached Exhibit "A" for Ada County Recording information], filed a petition for the vacation of a 20 foot emergency access easement between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and Chateau Meadows East No. 1 Subdivision, Lots 19 and 20, Meridian, Idaho. 3. The legal description of the emergency access easement which is the subject of this petition is set forth in Finding of Fact No. 1. 4. The names of the persons affected by the petition to vacate include: Findings of Fact and Conclusions of Law and — Page 4 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 /'1 /'1 4.1 The applicants/owners of the property are Robert L. Higgins, Harold and Earlene Butler, Paul and Ruth Pasewalk, and Timothy and Deanna Ball, attached as Exhibit "B" is said Vacation Application with said signatures. 4.2 City of Meridian Fire Department. 5. The Council has received the Recommendation To Council of the Planning and Zoning Commission on this matter. 6. The particular circumstances of the requested vacation are as follows: The requested vacation is due to the fact that the intent of the subject easement was to provide for emergency access only which was not designated as to whom, and there has been a showing that the easement is not needed for fire or life saving emergency services, and the subject area has presented security problems, and has provided access to neighboring properties that has resulted in vandalism, and the same presents safety issues with pedestrian use which is not the designated or permitted use of the easement. 7. Written notice of the public hearing on 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. Such notice of the public hearing was also published once a week for two (2) successive weeks in the official newspaper of the city, the last of which was not less than seven (7) days prior to the date of said hearing. 8. That no objection to the vacation has been received although by the nature of the facts in this matter, it is considered precautionary that the Council inform the applicant that they should seek determination from the Ada County Highway District as to whether or not they require any action of vacation on this matter, which the Council herein makes no finding regarding the same, other than the record reflects that the Ada County Highway District is informed of these proceedings and has not made any such claim. 9. The affected easement holder, City of Meridian Fire Department, has Findings of Fact and Conclusions of Law and — Page 5 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 agreed to the requested vacation in writing which is attached as Exhibit "B" and which letter is from the Meridian Fire Chief, Kenny Bowers, dated December 14, 1999, pertaining to the Meridian Fire Department's requirements and approval. 10. All publication costs have been paid by the petitioners. DECISION AND ORDER OF VACATION OF UTILITY EASEMENT Now, therefore, based upon the above and foregoing statement of legal authority and jurisdiction and statement of facts relative to legal authority and jurisdiction, the City Council does hereby ORDER and this does ORDER that: 1. The certain 20 foot emergency access easement is hereby vacated and is more particularly described as follows: Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, Ada County, Meridian, Idaho. 2. It is noted that the provisions of I.C. § 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant is advised to contact the Ada County Highway District to determine if they claim any jurisdiction over this access easement. 3. The City Cleric shall cause a copy of this order to be served upon the any affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Cleric 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 6 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 has agreed to the requested vacation in writing which is attached as Exhibit "B" and which letter is from the Meridian Fire Chief, Kenny Bowers, dated December 14, 1999, pertaining to the Meridian Fire Department's requirements and approval. 6. All publication costs have been paid by the petitioners. DECISION AND ORDER OF VACATION OF UTILITY EASEMENT Now, therefore, based upon the above and foregoing statement of legal authority and jurisdiction and statement of facts relative to legal authority and jurisdiction, the City Council does hereby ORDER and this does ORDER that: 1. The certain 20 foot emergency access easement is hereby vacated and is more particularly described as follows: Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No. 1 Subdivision Plat, Chateau Meadows East No. 1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, Ada County, Meridian, Idaho. 2. It is noted that the provisions of I.C. § 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant is advised to contact the Ada County Highway District to determine if they claim any jurisdiction over this access easement. 3. The City Clerk shall cause a copy of this order to be served upon the any 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 Findings of Fact and Conclusions of Law and — Page 6 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 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 ! S% day of , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED-- `� COUNCILPERSON deWEERD VOTED h'�,�-K-t_ COUNCILPERSON McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: 2 —/— Va Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. C. City Clerk DATED: Findings of Fact and Conclusions of Law and – Page 7 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 STATE OF IDAHO, . ss. County of Ada. On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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: msg/Z:\Work\M\Meridian 15360M\Mirage Meadows & Chateau Meadows EmergncyAccessEsmtVAC\EmgcyAccessEasmtVAC Findings of Fact and Conclusions of Law and — Page 8 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL AC7 Please take notice that this is a final action of theoN g ------ ndtan, pursuant to Idaho Code § 67-6521 an affected person being n real Property which may be adversely affected by the issuance o hm twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILPERSON deWEERD COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIF DATED: P.. . CNt u p9 - l pl�4k� Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY: City Clerk Mavor Robert D. Come DATED: Findings of Fact and Conclusions of Law and — Page 6 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 STATE OF IDAHO, ) ss. County of Ada. On this day of 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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: msWZAWorkNMWeridian 15360MA irage Meadows & Chateau Meadows FinapeyAcemEsmtVACTmgcyAcas4EasntVAC Findings of Fact and Conclusions of Law and — Page 7 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 ,0�1 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 day of , 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILPERSON deWEERD COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: Copy served upon Applicant, the Plan Works Department and City Attorney. M. City Clerk VOTED VOTED VOTED VOTED VOTED and Zoning Department, Public DATED: Robert D. Corrie Findings of Fact and Conclusions of Law and - Page 7 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 ■-. STATE OF IDAHO, ss. County of Ada. ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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:_ msg/Z: \Work\M \Meridian 15360M\Mirage Meadows & Chateau Meadows EmergncyAccessEsmtVAC \ EmgcyAccessEasmtVAC Findings of Fact and Conclusions of Law and — Page 8 of 8 Order of Vacation / Robert L. Higgins / VAC -99-006 Meridian City Pre-Counci Sting January 18, 2000 Page 12 Bird: The road. Ada County Highway District (inaudible). Anderson: Okay. Gigray: Mr. Mayor, members of the Council and Councilman Anderson, as I remember, the reason that was continued or the reason it was re -opened for public hearing is that the way the motion had been made on the Findings and the proposed Development Agreement, it required some kind of dedication of roadway to the Ada County Highway District, and I think his contention was that he was not planning any immediate development, so therefore, that condition shouldn't be operable until development occurred, and I think there was some language problem there. It was something that wasn't directly addressed, I don't think at the time of the other hearing by him, so it was recommended it be re- opened. Shari may have further background on that, but that's how I remember it. I think it centered on that one condition, primarily. It was a condition requested by Ada County Highway District. Bird: I believe that's all been straightened out. Corrie: Mrs. Stiles. Stiles: Mr. Mayor and Council, that is correct. There were some problems because of the zoning that he was given if he were to dedicate the additional right-of-way at this time would have put his lots below the minimum requirements of that zone. The way that Ada County Highway District comments read was that upon future development he would be required to meet those conditions, and the way the Findings were that he had to do that immediately. So that was why the public hearing is being re -opened. Item 5. Public Hearing: Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows east located at the end of Oakcrest Drive: Anderson: Just a question for Kenny on Item 5, the request for vacation of a 20 - foot emergency access. The Mirage Meadows Subdivision. The way I read that, do they want to vacate that whole thing and that it would disappear, but yet, in your comments, it looks like you were talking about they maintain a gate and stuff like that and I was unclear — it sounded like it was going to go away entirely, but you were talking about a gate that would be kept up. Bowers: Mayor Corrie, City Council, Councilman Anderson, there is a road right now that runs right by the Chevron Station. It used to be called Dixie Lane. They have to maintain that road because there is one house back there where a gentleman is living. They are going to use that road, put a gate and that's where Meridian City Pre-Counci. ^ +ting January 18, 2000 Page 13 our emergency access will be used. They will close down the one you're talking about completely between the two houses — between the four houses, excuse me. They will close that completely. We will still have where I believe it's Oakcrest comes in and meets the old Dixie Lane, we're going to have them put a gate there. We will still have access to the subdivision, Ron. Anderson: Okay. Thank you. Corrie: Any further questions? Okay. We can — I'll entertain a motion to close the Pre -Council meeting and reconvene at 7:30 for the regular meeting. Bird: So moved. Anderson: Second. Corrie: It's been moved and seconded. All those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:18 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK ** TX CONFIRII,iION REPORT ** DATE TIME TO/FROM 22 01/18 16:08 2088886854 AS OF JAN 18 '00 16:10 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 01'59" 007 216 OK WHIT]', P17TVRSON, PRUSS, MORROW & GI(iRAY, P.A. DATE: 4 TO. COMPANY: FAX #: PHONE: NUMBER. OF P TIME: FROM: / / IaAlf-," NAMI)A OFF ICE I ()J \,N 1 O AI filth, tM 1'rZ; Om Ic113(A{ 747 1.01 IDA i ID 67 't 6L. (104) a6r 'r± 11 I'LE�eF I<tipL1"w M f,RIMAN 01TICC Whitc, Peterson, Pruss, Morrow & Gigrav Meridian Office PHONE: (208) 288-2499 Confidentiality Note: The contents of this transmission are intended W be seen end used only by the indivi,Jua1 to wholn it is addressed. If you receive this t'ansmission in error please call our office so that we may arrange to pick up the document and route. It t() the office it was intended for. You may call collect if long distance: (208) '?S8-'_$99, Thanks. ,1177ORNEYS KI'"- )GTI11' ). F* 'AKM1 JULIE FLF.IY 1'1)1 -WR 00 E. (`,t KLTO�' AVI;p1Uf.. tit11TC! I (il{RAY- h< yos f OFFICE Box I I ;O n. sa.�ur,.)n11NsnA MLKIPIAK. IDAun It)I;vp_I 150 '•l'ILLIau A.?ill%Keel' to ilJ.l�\ • F. Ut1161t TCL f:yKl} Il-V)lw J. NIL �A.l MII IPA 1'L'ILK>ON $TLPIIFN 1_PAM" .105. RO;SMAN 10-:0 A. ( OMIAN DaVil) M. %%--AKI L1% T/R R 4.YC'7 It. Wm i. FACSIMILE TRANSMITTAL DATE: 4 TO. COMPANY: FAX #: PHONE: NUMBER. OF P TIME: FROM: / / IaAlf-," NAMI)A OFF ICE I ()J \,N 1 O AI filth, tM 1'rZ; Om Ic113(A{ 747 1.01 IDA i ID 67 't 6L. (104) a6r 'r± 11 I'LE�eF I<tipL1"w M f,RIMAN 01TICC Whitc, Peterson, Pruss, Morrow & Gigrav Meridian Office PHONE: (208) 288-2499 Confidentiality Note: The contents of this transmission are intended W be seen end used only by the indivi,Jua1 to wholn it is addressed. If you receive this t'ansmission in error please call our office so that we may arrange to pick up the document and route. It t() the office it was intended for. You may call collect if long distance: (208) '?S8-'_$99, Thanks. Jan -18-00 16:36 k:AnTl' ,I. I .DWAKnS JULIE KLEIN I'ISCHN -K u?I. t.fjh;Rh4'. N1 Uk NT JOIiaSLN 1). `;:lNwl•.I. jol INSoN '.t'ILLlA%l A.."10XK11'a• %%n.I.1AM F. NICE OLS (�HK1 k'I'f IY'l llY S..NYL I'H 11 lY A. I'1: i LKSON STENIFN I.. PKIfSR tKICS. ROSSNIAN 1000 A. ROSSSLAN DAVID K1. Sx'AK1LrY WH(')7:, Pt31'I7160i\, PRiISS, MORROW & GIGRAY, P.A. ATTORNEYS A'I' LAW ,,,00 E. (7AALTON AVCNIIr.. Sl1lTL:21 Fos'f IJttice Box 1150 MLLKIMAN, InA110 K d M)-1150 TEL 1208)20-2499 FAX FACSIMILE TRANSMITTAL, P.Ol NAMPA OFFICE l U•I NIY'lllAIL, MA 1H 1'JS 1 011 ICL Dox 2,17 N Ahl('A. IOA1I0 1hL.(30)srn , 1 I'AX ('hY) Jilb J -1w 1'LEAJt KEPLI• TI? M r mr)[AN UFFICL' DATP:: � a TIME: TO: FROM: COMPANY: White, Petersorl, Pruss, Iv(orrow & Gigray FAX #: Meridian Office PHONE: PHONE: (208) 288-2499 RE: t1��nC�S`� t�xo��Ch-w� NUMBER OF PAGES:___ (Including cover sheet) Confidentialitv Nate: The contents of this transmission are intended to Uc Seen and used OL1I17 bV thl individual to whom it is aLldresspd. If you receive this t;'ansmissio n in error please call our office so that wk, may arrange to pick up the document and route it to the office it was interide i for. You may call collect if long distance: (20S) 288-2499. Thanks. Jan -18-00 16:36 P.02 i n to r o f f i c MEMORANDUM To: William G. Berg, Jr. S11ari Stiles, Planning and 7.onim, Gary Smith, Public Works From: Wm. F. Giaray, III Subject: F iIScnu:rrt V aCllti011 Procedure; Date: Jarutary 18, 2000 Now t iat Ada County H iginva;y District has taker i OW J)OS1I.1Q11 that ea,e111elrt Vac7:tti011s 1ll:ay be handled by tic City, I recommend tlia( your c opart.melits halulle such rc quosts as follows: Step No. !: Keview with petitioner the circtnnst.iticos of t.11e reclut-sti-d easemom vacat.ion. The following makes a difference what procedurt: 1111.1SL be followed: 1. Doo;,% thc: request invalr e a dcxlicated e(tsenic tit ivlzie-li ryas accc'l ied ccs pelrt of [r 1.11(zt.lerl ,Y11b(1111i 10111 If so, them wv.. f0fl vv 111e proccclurc, in the SLIIXIMSiorl StatuteS (C:llapr.cr 13 of Title SU Ichtlio Code). '1'16 type of vacmion is governed under the provitiionS Of I.C. § .50- 1306A. A. petition should be 111ed rvvhich siould set fortli tie han.icular circurllst;lnces of t11c' vac:atioll, provide the legal description of eascnlcin to be vacated, the n:arllcs of the pt:rsons affected aitd filed with Clic. City Clerk. Written ru►rice Of public 1lcaring on said petition shall be ;;ivon, by certified mail w4h return receipt, at least ten (1O) clays prior to the date of public hc:ari11;; W :rll prcrperty tnvnc:rs within three iundrecl (300) fe-c_t Of the botind hies of clic: area de -scribed ill tltr hctitiorr. Such riot ice of public. hearing shall also be pub)islwd once a week for Iwo ('l) successive weeps in the official rteNv.SpAj)er of tlri c.iey, Tho. last Of which shall be not. less Man seven (%) days prior to the date: of said hearing; provided, however, that in a procceding as to the Jan -18-00 16:37 HIL. Paw,) Jallu;lry 18, 2000 .o P_03 vocilt ion of all or it portion of .a cenletery pl o xvhc.rc there 1►a bff'11 no iiltermeitt, or in the case of a cemetcr,- being within three hundred (300) feet of imothcr plat for wliicll a v:acauon is sou gh, publication of the notice of hearing sluil.l bc.. the only required notice as to the property otivners in the cemetery. When the procedures set forth herein have been fulfilled, the city council imiY grant. the request to vacate with st.tch resu-ictioils'iis thc-v deet, necessary in the Imblic iiiterc.t. In the case: of easelm nts granted for ,>;as, sewer, waiter, te.leplione, cable television, bower, drainage, and slope purposes, public rluticc of 11110111. 1.0 V'lciite is not required. Vacation of these ease.mom s shrill Occur upoll the recording; of tl1c, new or amended plat, provided th=at. all affected easement holders have been notified by cmifiie(i mail, return receipt. requested, of the propused vacation rami have agreed to the sante in writing. 1 do itut recomllll. ul not having a hearing because this type of request is normally not followed iv th the filing- of im amended plc+t. Ni)te: till ctpenses 1?f pablieattion to he paid bh the Petitioner. L. 1f the request does not iiivolve a t1twicat%eal tratseincrit lvIlit;h avers incepted ir.S part t f ti platted mbdivvision the provisions of I.C. § 40-203 are control. The notice provisions of the hearing fOr L(_:. 5 40-203 vacations includes 30 days prior notice to public, and mailed to any person requesting; ;a dopy not more than 3 working days ali.er such request lits bmi made, 30 days prior notice by snail to owners and operators of any undergrotmtl f,w.ilit.y, holders 111 any casement aftectecl, neighborilig or abla ting property owners ;and published notice 3 tinges in the Itl,3lln Statesinazt, with 1.11c last not ice at least 5 days and not snore i han 21 clay; before the hearing. Jan -18-00 16:37 �-. OMNI P_04 File 11.1gv 'S l:umarx, 18. 2000 3. We also have to consider the provisions of Chapter IU of Title 12 of the new Meridian C:it.y Code xvhich requires an application to be filed xmith the Planning and Zoning % dininist.rator and �t public llc-acing before die Pl:innhig and Zoning C;on►mission. These provisions should he auteiided as it. relates tc, caseuunts only. T reconimend that a form application be drafted with these provisions in mind. I also recommend that a1 meeting take p!.'•ICC LO review this letter, and the procedures required by casementvacations. nt�� j%,\41'i�rlc',A4Vvic ldiau 15 3(0ININPLANNING AND ZONING: MIT 1."Km'V.Ic Prucrdw 11:100 i.Mcm Jan -18-00 16:37 Atacnr ROUr:x'rD CORRIr. (:iw C;�unc�1 �Iemih•rs CRARLL•S R0(7\fTRGE C•LCNN RF.NTL—n) RUN .ANnGk_,�()N KEITH rtfr{L) MEMORANDUM: 11UPOFTREAS'URes IALLEY A Guut! PIZLLC. 1v Live CITY OF MERIDIAN 33 EAST IDAHO NFF.RIDIAN. IVA110 83642 486•1a; - Foix (20.1 3;17-13! CitvCierl. P-05 LL(i.AL o1 r2\RTMF-\jT ' )\ :KS `4qu • ;' .SYS r'VBLIC %FORKS RUILDING DFPAKI-Mr-NT '-09) 7t$'.'21 I . I-11 W,-1297 PLANNING AND 'ONIN(-. L)EF.A RTctE I\7 illi 831.Si'D . Fa, $S'-13')7 December 3. 1999 To: Planning & Zoning Commission. Mayor & City Council RFC':-`TV -F.,D From: Steve Siddoway, Assistant Ylattoer DEC 0 6 1999 City of.11eridi�n cy Re: Vacation of a 20 -foot -wide Emergency Access F..a_sement located on Lotts (9 anwiifr Block 1, Mirage Meadows Subdivision and Lots 19 and 20, Block 1. Chateau Meadows F-asL No. 1 — by Robert Higgins, et al. We have reviewed chis submittal and offer the•following comments as conditions of the application. These conditions shall be considered in full. unless expressly modified or deleted by motion r#f the Meridian City Council: LOCATION & ZONING The subject properties are generally located north of the Fred Meyer shopping complex, east of Locust Grove. The four lots are situated along an existing 20 -foot -wide mic.ropath that serves as an emergency access easement for Mirage Meadows Subdivision, connecting between Applewood Place in Mirage Meadows Subdivision and Meadow Wood Street in Chateau Meadows East Subdivision No. 1. Mirage Meadows Subdivision is zoned R-4. Chateau Meadows East Sub_ No. 1 is zoned R-8. SITE SPECIFIC COMMENTS The applicants want to vacate the easement and eliminate the existing micropath due to persistent vandalism problems to their fences. Children in the neighborhood have repeatedly vandalized and broken portions of the fence. The fences are 6' solid wood fences. If the easement is vacated, the lots would reclaim the land as part of their yards and close off the pathway. Ada County Highway District normally requires the adjacent landowners to purchase the vacated right-of-way. Planning & Zoning staff has received a call from a concerned resident in the subdivision stating that children in Mirage Meadows Subdivision use the micropath to get to Chateau Elementary School. The children use the path to get from Oakcrest Drive to Meadow Wood Street and then to Chateau Drive, where a crossing guard is available to help them cross Locust Cnove to get to school Closing the micropath would force the children directly onto locust Grove for a short distance, which is a busy arterial street that will continue to get busier. MLr*vMeadow vACdoe voe•9a»c Jan -18-00 16:37 Mayor and City CUuncil December 1909 Pale 2 Residents of Chateau Meadows East Subdivision are also currently able to walk to the Fred Mcver shopping complex using the pathway and Dixie Lane. without having to walk along Locust Grove. This connectivity would also be lost if the easement is vacated. More recent subdivisions with micropaths in the City of Meridian have been required to place "sec throuab" fences (i -e- chain link) along the pathways. This discourages vandalism by eliminating hiding places. People walking along the pathway feel more visible and are less likely to vandalize property. However, this solution obviously also reduces the privacy of the back yards for the lots along the pathway. The current draft landscape ordinance for the city recommends "see through" fences along all rnicropaths and prohibits solid fencing taller than 4' to provide for better visibility and to discourage vandalism Another issue deals with the adequacy of Dixie Lane as an alternate emergency access point. Dixie Lane is only 1.2 feet wide, far narrower than the standard fire department requirement of 20 feet for emergency access drives. The existing rmcropath has a paved width of 24 feet. The applicant states that they have tentative approval of the Meridian Fire Department for the use of Dixie Lane as an emergency access. This approval needs to be formally verified in writing from the fire department. RECOMMENDATION Staff is sympathetic to the frustration of the repeated vandalism experienced by the applicants. However, neighborhood connectivity seems to be an important issue that would be lost if the easement were vacated_ The micropath is used by residents of the subdivision. I witnessed children walking through it when I went to the site on December Yd to measure paved width of the emergency access points. Imstead of vacating the easement, stafi'recommends providing for more visibility into the pathway by reducing the height of the solid wood fences and/or using a "see through" fence to discourage vandalism_ tt��e Mc�do�++VAC .bc PP -`wale P_06 Jan -18-00 16:38 til;r: nr ROHER:'Z?, C'ORRI[ Cay CUunciI ,\4cmhurs CHARLES IZOU�'IKILF.' GLENN rii~NTLiLI RON ANDERSON KF-ITII UIRL) HUV OF TRE; R!FF. 44ILLEY A Good Place [o Live CITY OF MERIDIAN 33 EAST iDA110 mr-RmIAn. IDA110 8:3633 Q084 6SK 443 - Fax (3(191 C$?• tYl3 Cily (:Icrk bus (309i SSS -421R MEMORANDUM: To: Planning 8r Zoning C:ommissi m, Mayor & City Council From_ Bruce Freekleton. Assistant to City Engineer Steve Siddoway, Assistant Planner-" P_07 LEGAL r)r.r,-�RT�Ht:NT ._11`41 .'.$$.'1O-)- Fix 33S-=SQI PUBLIC WOPKS PUILUING DFPAPT.%4LNT COS! vLANNING,\vu TONING DF.P:*,RTML-,N'I' December 3. 1999 Dlq.Cl:.'-VFID DEC 0 1999 Cite- of 1leridian Cite Clerk Office Re: Vacation of a Public Utility Easement along Lots 6 & 7, Block 3, Thunder Creek Subdivision — by Thunder Creek Partnership, LLC. We have reviewed this submittal and offer the following comments as conditions of'the appliearion. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian Citv Council: GENERAL COMMENTS This property is located on the west side of N_ Gray Cloud Way, east of Ten Mile in the Thunder Creek Subdivision. The lots are contiguous and contain utility easements along the side lot lines designated on the recorded plat for the Thunder Creek Subdivision. A lot line adjustment application has been filed to adjust the common lot line between the two lots. This vacation application is a formality to remove the easements placed along the old location of the lot line. The Subdivision and Development Ordinance (Title 9), section 9-611-A-? requires the Planning & Zoning Commission to review and make a recommendation to the Council on all vacation requests_ SITE REQUIREMENTS Prior to the issuance of any building permits on the subject lots, applicant must submit relinquishment of easement letters from all applicable utility companies to the City of Meridian. Applicant must also create a new easement along the new lot line to replace the one being vacated. RECOMMENDATION Staff recommends approval, with the requirements noted above. «.ruft V�-004W Idaho Statutes Pagel of 2 &I Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 13 PLATS AND VACATIONS 50-1306A. VACATION OF PLATS -- PROCEDURE. (1) 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. (2) 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. (3) 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. (4) When the platted area lies more than one (1) mile beyond the city limits, the procedures set forth herein shall be followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority, comparable to the city council, to grant the vacation, provided, however, when the platted area lies beyond one (1) mile of the city limits, but adjacent to a platted area within one (1) mile of the city, consent of the city council of the affected city shall be necessary in granting any vacation by the county commissioners. (5) 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. (6) When public streets or public rights-of-way are located within the boundary of a highway district, the highway district commissioners shall assume the authority to vacate said public streets and public rights-of-way as provided in subsection (4) of this section. (7) All publication costs shall be at the expense of the petitioner. (8) Public highway agencies acquiring real property within a platted subdivision for highway right-of-way purposes shall be exempt from the provisions of this section. (9) Land exclusive of public right-of-way that has been subdivided and platted in accordance with this chapter need not be vacated in order to be replatted. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. file://C:\WINDOWS\TEMP\Idaho Statutes.htm 1/18/00 Idaho Statutes Page 2 of 2 Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. file://C:\WINDOWS\TEMP\Idaho Statutes.htm 1/18/00 January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY 18, 2000 APPLICANT: ROBERT HIGGINS, ET AL AGENDA ITEM NUMBER: REQUEST: VACATION OF 20 -FOOT EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW ACCESS LOCATED AT THE END OF OAKCREST DRIVE 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 SEE ATTACHED MAP SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATIONS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED NO OBJECTIONS SEE ATTACHED 7 �G 0,e �Q l 'J OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: '\ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208)888-4218 To: Planning & Zoning Commission, Mayor & City Council LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 December 3, 1999 REcE1\7ED From: Steve Siddoway, Assistant Planner �� DEC 0 6 1999 Cittvy of Aleridian Re: Vacation of a 20 -foot -wide Emergency Access Easement located ori L` ots I an�l',` Block 1, Mirage Meadows Subdivision and Lots 19 and 20, Block 1, Chateau Meadows East No. 1 — by Robert Higgins, et al. We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & ZONING The subject properties are generally located north of the Fred Meyer shopping complex, east of Locust Grove. The four lots are situated along an existing 20 -foot -wide micropath that serves as an emergency access easement for Mirage Meadows Subdivision, connecting between Applewood Place in Mirage Meadows Subdivision and Meadow Wood Street in Chateau Meadows East Subdivision No. 1. Mirage Meadows Subdivision is zoned R-4. Chateau Meadows East Sub. No. 1 is zoned R-8. SITE SPECIFIC COMMENTS The applicants want to vacate the easement and eliminate the existing micropath due to persistent vandalism problems to their fences. Children in the neighborhood have repeatedly vandalized and broken portions of the fence. The fences are 6' solid wood fences. If the easement is vacated, the lots would reclaim the land as part of their yards and close off the pathway. Ada County Highway District normally requires the adjacent landowners to purchase the vacated right-of-way. Planning & Zoning staff has received a call from a concerned resident in the subdivision stating that children in Mirage Meadows Subdivision use the micropath to get to Chateau Elementary School. The children use the path to get from Oakcrest Drive to Meadow Wood Street and then to Chateau Drive, where a crossing guard is available to help them cross Locust Grove to get to school. Closing the micropath would force the children directly onto Locust Grove for a short distance, which is a busy arterial street that will continue to get busier. Mirage MeadowsNAC.doc Vac -99-006 IN -1 Mayor and City Council December 3, 1999 Page 2 '"111 Residents of Chateau Meadows East Subdivision are also currently able to walk to the Fred Meyer shopping complex using the pathway and Dixie Lane, without having to walk along Locust Grove. This connectivity would also be lost if the easement is vacated. More recent subdivisions with micropaths in the City of Meridian have been required to place "see through'fences (i.e. chain link) along the pathways. This discourages vandalism by eliminating hiding places. People walking along the pathway feel more visible and are less likely to vandalize property. However, this solution obviously also reduces the privacy of the back yards for the lots along the pathway. The current draft landscape ordinance for the city recommends "see through" fences along all micropaths and prohibits solid fencing taller than 4' to provide for better visibility and to discourage vandalism. Another issue deals with the adequacy of Dixie Lane as an alternate emergency access point. Dixie Lane is only 12 feet wide, far narrower than the standard fire department requirement of 20 feet for emergency access drives. The existing micropath has a paved width of 20 feet. The applicant states that they have tentative approval of the Meridian Fire Department for the use of Dixie Lane as an emergency access. This approval needs to be formally verified in writing from the fire department. RECOMMENDATION Staff is sympathetic to the frustration of the repeated vandalism experienced by the applicants. However, neighborhood connectivity seems to be an important issue that would be lost if the easement were vacated. The micropath is used by residents of the subdivision. I witnessed children walking through it when I went to the site on December 3ra to measure paved width of the emergency access points. Instead of vacating the easement, staff recommends providing for more visibility into the pathway by reducing the height of the solid wood fences and/or using a "see through" fence to discourage vandalism. M"v Moadowa VAC.doe PP -99-008 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. E-MAu.: dms@wppm&com December 27, 1999 William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 NA1vTA OFFICE 104 NINTH AVENUESOUTH POST OFFICE Box 247 NAMPA, IDAHO 83653-0247 TEL. (209) 466-9272 FAX (208) 4664405 PLEASE REPLY To MERIDIAN 0F'F10E F-Ec-EwED D E C 2 7 1999 CITY OF MERIDIAN Re: 20' EMERGENCY ACCESS EASEMENT VACATION BETWEEN MIRAGE MEADOWS SUBDIVISION AND CHATEAU MEADOWS NO. 1 SUBDIVISION Applicant: Robert L. Higgins etal Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on January 4, 2000. 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, Y7 vid M. Swa Enclosure ey/ZAWork\MWeddian 15360WOkEnc.1tr ATTORNEYS AT LAW KATHY J. EDwARDs LEINGG ��� JULIWm. 200 EAST CARLTON AVENUE F. F. A S umJOH, S D..LiA m. POST OFFICE Box 1150 MoRox Wa1.IaM A. MORROW MERIDIAN IDAHO 83680-1150 WILLIAM F. NICHOLS CHRISTOPHER S. NYE TEL (208) 288.2499 PHILIP A. PETwsoN FAX(208)289-2501 STEPHEN L. PRuss ERIC S. Rossmm TODD A. RossMAN DAviDM. S WARTLEY TERRENCER. WHITE E-MAu.: dms@wppm&com December 27, 1999 William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 NA1vTA OFFICE 104 NINTH AVENUESOUTH POST OFFICE Box 247 NAMPA, IDAHO 83653-0247 TEL. (209) 466-9272 FAX (208) 4664405 PLEASE REPLY To MERIDIAN 0F'F10E F-Ec-EwED D E C 2 7 1999 CITY OF MERIDIAN Re: 20' EMERGENCY ACCESS EASEMENT VACATION BETWEEN MIRAGE MEADOWS SUBDIVISION AND CHATEAU MEADOWS NO. 1 SUBDIVISION Applicant: Robert L. Higgins etal Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on January 4, 2000. 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, Y7 vid M. Swa Enclosure ey/ZAWork\MWeddian 15360WOkEnc.1tr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR 20' EMERGENCY ACCESS EASEMENT VACATION BETWEEN MIRAGE MEADOWS SUBDIVISION AND CHATEAU MEADOWS SUBDIVISION NO. I Robert L. Higgins etal, Applicant Case No. VAC -99-006 RECOMMENDATION TO CITY COUNCIL INTRODUCTION I. The property is between Mirage Meadows Subdivision at Block. 1, Lots 16&.17 and Chateau Meadows East No. I Subdivision at Block 1, Lots 19 and 20, and is generally located between N. Applewood Place and E. Meadow Wood St. in Meridian, Idaho. 2. The owners of record of the subject property are Robert L. Higgins of 2064 N. Applewood Place, Harold & Earlene Butler of 2067 N. Applewood Place, Paul & Ruth Pasewallc of 1875 E. Meadow Wood St., and Timothy & Deanna Ball of 1905 E. Meadow Wood St., all of Meridian, Idaho. 3. The Applicants are the owners of record. 4. The subject property is currently zoned Low Density Residential (R-4) in Mirage Meadows, and Medium Density Residential (R-8) in Chateau meadows East No. l Subdivision. The zoning of R-4 is defined within the City of Meridian's RECOMMENDATION TO CITY COUNCIL - 1 EASEMENT VACATION - BY ROBERT L. HIGGINS et al Zoning and Development Ordinance Section 11-2-408(B)(3) and R-8 at 11-2- 408(B)(4). 5. The proposed site of the requested easement is a 20 foot emergency access located between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and Chateau Meadows No. l Subdivision at Lots 19 and 20. 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 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. The Applicant requests the easement vacation in order to prevent further vandalism from occurring on their property. 9. There are no significant or scenic features of major importance that affect the consideration of this application. 10. The applicant obtained notarized approval of the easement vacation from affected utilities. RECOMMENDATION 1. 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/ZAWork\"eridian 15360M\AccessEasVac.Rec RECOMMENDATION TO CITY COUNCIL - 2 EASEMENT VACATION - BY ROBERT L. HIGGINS et al Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CHARLES ROUNTREE PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 RECEIV-ET) December 14, 1999 D E C 1 4 1999 CITY OF MERIDIAN Meridian Planning and Zoning Commission 33 East Idaho Meridian, ID 83642 Re: Emergency Access of Mirage Meadows Subdivision Where Oakcrest and Dixie Lane connect, there can be a gate put in place where the barricades are now. Our trucks will be able to make the turn from Dixie Lane. They will need to fill the potholes between Oakcrest and Dixie Lane to make the turn smooth. The gate can be locked with a chain and paddle lock. We will just cut the chain. Someone will need to be in charge of the gate for the maintenance. Sincerely, K, f Kenny Bowers Meridian Fire Department Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 December 14, 1999 Meridian Planning and Zoning Commission 33 East Idaho Meridian, ID 83642 Re: Emergency Access of Mirage Meadows Subdivision LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 PtECEIvET) 9 LE C 1 4 1999 CITY OF MERIDIAN Where Oakcrest and Dixie Lane connect, there can be a gate put in place where the barricades are now. Our trucks will be able to make the turn from Dixie Lane. They will need to fill the potholes between Oakcrest and Dixie Lane to make the turn smooth. The gate can be locked with a chain and paddle lock. We will just cut the chain. Someone will need to be in charge of the gate for the maintenance. Sincerely, i,f Kenny Bowers Meridian Fire Department TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by- November 26, 1999 TRANSMITTAL DATE: November 15, 1999 HEARING DATE: December 14, 1999 FILE NUMBER.- VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY: ROBERT HIGGINS, ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 AND 20 OF CHATEAU MEADOWS EAST NO. 1 SUBDIVISION TO A LOCATION AT THE END OF OAKCREST DRIVE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT ,FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: / 1 1_') Xie L ..y L� 1UlLuct tC l rz r'hi�t.��+�L�� L)L�cilJ �}tit7 C�Yhdl•U�S �s�rr1C�� S i;i(oC� _111' i OF iviii 1. _ JQ f/� i3y i c: Cir j��r✓ c� G' (il G ,.� I� G i.J 4 �, f-(� sz ra�•� z t, ; ((_ &L u i ...I cl / Y �, C�►,� -v u f HUB OF TREASURE VALLEY Mawr ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City C°°°cil Members CITY OF MERIDIAN ('_08)'_88-2499 • Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83612 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD Cit Clerk Fax 208 888-4218 City ( � DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by- November 26, 1999 TRANSMITTAL DATE: November 15, 1999 HEARING DATE: December 14, 1999 FILE NUMBER.- VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY: ROBERT HIGGINS, ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 AND 20 OF CHATEAU MEADOWS EAST NO. 1 SUBDIVISION TO A LOCATION AT THE END OF OAKCREST DRIVE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT ,FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: / 1 1_') Xie L ..y L� 1UlLuct tC l rz r'hi�t.��+�L�� L)L�cilJ �}tit7 C�Yhdl•U�S �s�rr1C�� S i;i(oC� _111' i OF iviii 1. _ JQ f/� i3y i c: Cir j��r✓ c� G' (il G ,.� I� G i.J 4 �, f-(� sz ra�•� z t, ; ((_ &L u i ...I cl / Y �, C�►,� -v u f Acla Cottn1,q.'_Wiq4waq 2)iilpict merry rt. huoer, rresiaent 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us December 1, 1999 Robert L. Higgins 2064 North Applewood Place Meridian, ID 83642 RECE�D OEC 4 t99� City Cler City k Offi e RE: MVAC99-0006 — Change Emergency Access to Mirage Meadows Subdivision The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to call me 387-6177 Sincerely, Christy Richardson Development Analyst cc: Project File City of Meridian REGE N 0 V 2 6 1999 CITY OF MERIBLIN '�ia�sr�ia & ��e�ud�arz %r04tioct Dcafiicict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 November 24, 1999 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: VAC -99-006 Change Emergency Access of Mirage Meadows Subdiviison to Access Located at End of Oakcrest Drive Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, 0.'el '64 Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent Robert L. Higgins Harold & Eadene Butler Paul & Ruth Pasewalk Timothy & Deanna Ball Ada County Highway District — David Szplett Toothman-Orton Engineering — Glenn Bennett APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Mayor HUB OF TREASURE VALLEY . -. ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208)'288-2499 - Fax 288.2501 CHARLES ROUNTREE PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 15, 1999 HEARING DATE: December 14, 1999 FILE NUMBER VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCREST DRIVE BY: ROBERT HIGGINS ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1, LOTS 16 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 AND 20 OF CHATEAU MEADOWS EAST NO. 1 SUBDIVISION TO A LOCATION AT THE END OF OAKCREST DRIVE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMFNT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) Cuy Council Members (IT Y O f " MERIDIAN CHARLES ROUNTREE 33 EAST PUBLICWORKS GLLNN IDAIiO DING DEPARTMENT eFrnL�Y BUIL MERIDIAN, IDAHO 83642 (208) 8F7.2211 •Fax 3S7-1297 RONANDERSON (20) 88S-4433 • Fax (208) 887.4$13 KEITH BIRDCity Clerk fax (208) 888-42 IS PLANNING AND ZONING DEPARTMENT (^0S)8S4-5533 • Ra SS7-1297 TRANSMITTAL TO AGENCXES FOR COMMENTS ON DEVELOPMENT PROJECTS WffH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26 1999 TRANSMITTAL DATE: November 15 1999 HEARING DATE: December 14 1999 FILE NUMBER: VAC 99-006 REQUEST: CHANGE EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW EMERGENCY ACCESS LOCATED AT THE END OF OAKCRF-qT n0111C BY: ROBERT HIGGINS ET AL LOCATION OF PROPERTY OR PROJECT: FROM BLOCK 1 LOTS 16 & 17 OF •� _ )WS SUB AND LOl (VISION TO A TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, CIC WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER T END OF MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PIAT) BUREAU OF RECLAMATION(PRELIM & FINAL) -V,, YOUR CONCISE REMARKS�'+jr' Tae *30bd daiXE CIR CENTRAL DISTRICT HEALTH DEPARTMENT Rezone ## CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ECU 9 AN Conditional Use ## fi 4 Preliminary / Final / Short Plat PTY OF Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna ❑ ACZ • We have No Objections to this Proposal. ❑ 2• We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9• The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By:� CDHD 10/91 rcb, re.. 7/97 Review Sheet ,A-, MERIDIAN PLANNING & ZONING MEETING: December 8. 1999 APPLICANT: ROBERT HIGGINS ET AL ITEM NUMBER: 7 REQUEST: VACATION OF EASEMENT OF 20 FOOT EMERGENCY ACCESS OF MIRAGE MEADOWS SUBDIVISION TO A NEW ACCESS LOCATED AT THE END OF OAKCREST DRIVE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: COMMENTS SEE STAFF COMMENTS SEE COMMENTS SEE COMMENTS 13" All Materials presented at public meetings shall become property of the City of Meridian. 70\