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Applicants Response to Staff Report - CCMachelle Hill From: Bill Parsons Sent: Monday, February 02, 2015 11:08 AM To: Machelle Hill; Jacy Jones; Jaycee Holman Subject: FW: Easement Vacation - Vac -15-001 Good Morning City Clerks, Below are comments from the applicant regarding the Denison vacation application. Thanks, Bill Parsons, AICP Planning Supervisor Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparso�ns@meridiancity.org From: Pat Tealey [mailto:ptealey@tealeys.com] Sent: Friday, January 30, 2015 5:19 PM To: Bill Parsons Cc: Kevin Denison Subject: FW: Easement Vacation - Vac -15-001 From: Pat Tealey Sent: Friday, January 30, 2015 1:05 PM To:'Kevin Denison' Subject: Easement Vacation - Vac -15-00 Bill The applicant agrees with staff comments except for the requirement of an additional easement along the North boundary of Parcel C. The stated reason is for "Public Utility, Drainage and Irrigation. The applicant objects to the easement for the following reasons. Public Utilities There are no existing utilities that need to be "protected" by an easement and the utilities that are vacating the easement that is the subject of this application have not expressed a desire or need for a new easement to replace the one that is being vacated. 2. Drainage There are no existing drainage facilities in this area. The applicant cannot create an easement on his own land so the only benefactor of the proposed easement is the owner of the property to the North. If this easement were to be granted it would allow the neighbor to the North to drain water from his property onto Parcel C. I think we would all agree that is not a good situation or intention. The easements throughout the subdivision that are granted by Note No. 12 on Page 10 of the Plat are for a Public Utility Easement only. There is no mention of a drainage or irrigation being a component of the easement. Irrigation. There are no existing or planned irrigation facilities in this area. In summary the granting of an additional easement is not needed by any of the utilities that could possibly use it. The "drainage" notation of the easement would only benefit the neighbor to the North ( being able to drain water onto this property) which is prohibited and would most likely end with lawyers involved. This would be the only property line in the entire subdivision with a "Drainage and Irrigation" restriction. Respectfully Patrick A. Tealey PLS # 4347