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REV Staff Report 5/18 - CCSTAFF REPORT C� W IDIAN-- Hearing Date: May 19, 2015 I D A H O TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208)884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: VAC-15-004 — Reflection Ridge Subdivision No. 3, Lots 2-5, Block 8 1. APPLICATION SUMMARY The applicant, Matt Schultz, requests approval to vacate the existing 5-foot wide public utility easement that lies across Lots 2-5, Block 8, Reflection Ridge Subdivision No. 3. 2. STAFF RECOMMENDATION Staff recommends approval of the subject vacation application. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number VAC-15- 004, as presented in the staff report for the hearing date on May 19, 2015. Denial After considering all staff, applicant, and public testimony, I move to deny File Number VAC-15- 004, as presented during the hearing on May 19, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant, and public testimony, I move to continue File Number VAC-15- 004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately''/2 mile south of E. Victory Road and ''/z mile west of S. Locust Grove Road in Section 30, Township 3 North, Range 1 East. B. Owner(s): Mission Coast Properties ID, Inc. 13402-13A Ave. Surrey, BC Canada WAIC3 Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - I - C. Applicant: Matt Schultz P.O. Box 1115 Meridian, ID 83680 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information and the application file for the applicable relinquishment approvals. 5. PROCESS FACTS A. The subject application is a request to vacate platted easements. Per Meridian City Code Title 11, Chapter 5, City Council is the decision making body on this matter. The UDC does not require the site to be posted with a public hearing notice sign. B. Newspaper notifications published on: April 27 and May 11, 2015 C. Radius notices mailed to properties within 300 feet on: May 19, 2015 6. LAND USE A. Existing Land Use(s): The easements proposed to be vacated are located on 4 residential building lots, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently in the development process as a single-family residential subdivision, zoned R-8. C. History of Previous Actions: In 2014, the final plat (FP-14-032) was approved for Phase 3 of Reflection Ridge Subdivision. The easements proposed for vacation were created with the recordation of the first phase final plat (FP-13-020). 7. AGENCY COMMENTS MEETING No comments were received by the Planning Division from other City departments for the subject application. 8. STAFF ANALYSIS The applicant requests approval to vacate an existing 5-foot wide public utility easement that lies across Lots 2-5, Block 8, Reflection Ridge Subdivision No. 3. The easement is a remnant side lot line easement related to a previous property boundary adjustment (PBA-14-016) that relocated the north property line between Lot 1, Block 8 (the park lot), Reflection Ridge Subdivision No. 1 and the adjacent future development parcel of Phase 3. The subject easement area was not utilized for any utilities during the construction of Reflection Ridge Subdivision No. 3. A new 10-foot wide public utility easement was granted with the Reflection Ridge Subdivision No. 3 final plat along the rear lot lines of the impacted lots approximately 25-30 feet south of the original 5 foot easement. The applicant has submitted letters from all applicable public utilities (i.e. Idaho Power, Century Link, Intermountain Gas, and Nampa & Meridian Irrigation District) consenting to the proposed relinquishment of easements. Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 2 - Because none of the applicable utility providers object to the proposed vacation, Staff recommends approval of the vacation application as proposed in Exhibit A.2. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Existing Public Utility Easement to be Vacated 3. Relinquishment Letters for Easement Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 -3- A. Drawings 1. Vicinity Map Fly 523 1050 — E AMIty Rd Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 +1518 3819 3 3 IS 3837 � '� 7855 r 3 3873 3893 1 3909 e/1578 3 392) 1 1619 i161 4252� 123e`�._ 'lam. `.-..� \ �A�2 122 473�' 43 34 % - 2 4363 4333 4/33 3rV^\\ 145 ue7 446e 2 1119 446 M99 4500 gp 471 n 3 «. 119 t n 4493 4533 .....' '3 _. __...... 4512 /f 135 1463 191 1523 4550 1360 as)7 us0 ises 4601 / 8615 1251 1303 1357 1/01 1449 1505 -- I675 ♦715 1210 /300 1110 1170 1460 1385 1505 -4- 1670 2. Existing Public Utility Easement to be Vacated Project:140008 Date: April 2, 2015 Page 1 of 1 T•O ENGINEERS CONSULTING ENGINEERS. SURVEYORS AND PLANNERS 9777CNINDEN BOULEVARD BOISE, IDAHO 833714-2008 208.323-2288. FAX 20"23-2399 EXHIBIT "A" Utility Easement Vacation Description A 5 foot wide parcel of land located in Lots 2 through 5, Block 8 of Reflection Ridge Subdivision No. 3, recorded in Book 108 of Plats at Pages 15,152—15,156, Records of Ada County, Idaho lying in the NW 1/4 of the SEl/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMMENCING at the southwest comer of said Lot 5, Block 8; thence, along the south boundary of said Lot 5, A) 8.84°54'36"E., 41.48 feet to the POINT OF BEGINNING; thence, 1) N.18"41'35"E., 26.33 feat; thence, 2) N.W03'56"E., 228.66 feet to the westerly right-of-way of S. Shimmering Way as shown on said Reflection Ridge Subdivision No. 3 to the beginning of a non -tangent curve; thence, 3) Southerly along said curve to the right, having a radius of 469.00 feet, an arc length of 5.00 feet, through a central angle of 00"36'39", of which the long chord bears S.00"38'46"E., 5.00 feet; thence, non -tangent from said curve, 4) S.89"03'56"W., 225.11 feet; thence, 5) S.I 81141'35"W., 21.59 feet; thence, 6) N.84"54'36"W., 5.14 feet to the POINT OF BEGINNING. CONTAINING 1,254 sq. ft. SUBJECT TO: Record documents. EXHIBIT "B" attached, and by this reference made a part hereof. 11:u4000g.BOAWPF kAMscthnkaNiR3 Utility FAscment vpMion.doe Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 -5- E. RJADUM MIDGE STRUT BLOCK 5 OF REFLECTION RIDGE SUBDIVISION NO.3 LOT S LOT 4 f LM 3 I LOT 2 EXISTING S' UTILTY EASEMENT 1.254 S.F. (TO BE VACATED) N11"TWE 226. pa- v S69'03'S6'1N 225,11' ^E a / POINT OF EXIS"tNG S' UTILTY EBGINNING EASEMENT (TO REMAIN) / A PORTION OF l LOT I. BLOCK e AREFLECTION RIDGE SUBDIVISON NO. i (PARCEL D. R.O.S.99" INST. NO.201+090 1) ExISTMac 5 UTILITY EASEMENT \ (TO REMAIN) EMBIT "W WILITY EASEMENT VACATION LOCATE IN tAM 2-% BLOCK a OF REFLECTION RUM SUDOMMON M 3 LYING IN THE NW04 OF THE SW4 Of SWrION 30 TOWNSHIP 3 NORTH. RANGE I EAST. DONE bWRXXAN C[TY OF MERIDIAN, ADA COUNTY. IDAHO 201S 0 30 p 120 no OCALE:1' - W CURVE TAKE CIXW RAMS LIMTN D&TA I NO I UIORO CI 489.00' 5.00' 0-W30-1 S003S WE I 5.00' UNE TAM LWf I UNN DSTANM L1 NIS'41'33*E 20.33' L2 SIS41'36'W 21.SY' L3 W4141rW 5.14' Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 6 - 3. Relinquishment Letters for Easement / .. 1503 FIRST STREET SOUTH ~.k IDAHO 83651.4395 FAX #208-463-0092 rvnlU.org OFFICE. Plonpa 208.466.7861 SHOP: t ompa 2W466•0663 Easement for Lots 2, 3, 4, & $ Block if keficction kk*t 603 Nampa & Meridian irrigation District (NMID) is in receipt of your exhibits `A' &, 'B% dated April 2, 2015 You are asking NMID to write a letter in response to your request for utiliIN easement vacation. The area noted in Exhibit B'; was to be the location of NMII)'s pressurized irrigation mainline. Due to conflicts; NMID requested this line be relocated to Lot 1 Block 8 of Reflection Ridge Subdivision #1. With this change NMID has no utility casements across Lots 2, 3, 4, & s as shown in Exhibit `B'. Therefore NMID has no objection to the relinquishment of easement across these lots. If you have any further questions, please feet free to give me a call - Sincerely, A C.,*,- GregZi. Curtis Water Superintendent Nampa & Meridian irrigation District (iGCfdbg, NC: 1'. Clinton,1,1.11S Supervisor Office,,' ite s t �• 4,)z.a :�.r, :r,r:• tV I.i + -4 v'..I •[,,. Y15c :` F.� f �r I t!•Ji. tr x:!`:Ji,2 ilL6Y+rIL;S� rl�r':".�a�,': APPRQXPAATE IRRIGAW ACRES RIVER ROW R*HtS -2A000 9= PROJECT RGKI'S - 40.000 Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 7 - PARTIAL EASEMENT VACATION Intermountain Gas Company relinquishes any and all of their rights to the following described easement. See the attached Exhibit "B" INTERMOUNTAIN GAS COMPANY By: Name: Or STATE OF IDAI 10 COUNTY OF ADA On this _,,,_day of , in the year of tot 5, before me, the undersigned, personally appeared Pk.-AV.gs_, known to me to be the person whose name is subscribed to within instrument, who, being by me first duly sworn, did depose and say that he is r s n os_ `i`fUw*— of Intermountain Gas Company and the he executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. IN WETNESS WHEREOF, I have se my hand and affixed my official seal the day and year in this certificate first above written. so r,t 16 M J 1 & � �- -� Notary Public for Idaho Residing at: Commission Expires:2' Z\• 2vZ\ Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 8 - POWER Inam An IDACORP Con\WMV April16,2015 Mission Coast Properties ID, Inc PO Box 1115 Meridian, ID 83680 Re., Relinquishment of a 5' Public Utility Easement located within Lots 2 through 5, Block 8 of Reflection Ridge Subdivision No. 3 Situated in the Northwest Quarter of Section 30, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho 1 !, .: This is in response to the Relinquishment Application submitted to Idaho Power Company on April 7, 2015, regarding the possible relinquishment of a certain area of platted utility casement dedicated within Lots 2 through 5, Block 8, Reflection Ridge Subdivision No. 3, as described in Exhibit A (the "Utility Easement Area"). Idaho Power's review of the relinquishment request indicated that there are no facilities with the Utility Basemeat Area. As such, Idaho Power agrees to relinquish what easement rights arc found within the Utility Easement Area. Thank you once again for providing Idaho Power Company the opportunity to review and comment upon the subject petition for relinquishment. Sin ,rj Rwel' Butterworth Associate Real Estate Specialist Land Management and Permitting Department (208)388-2699 rbutterworth@idahopower.com 1221 W. Idaho St, 01702) P.O. So. 70 O.iw, ID $3107 Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 9 - Attar recording return to: Network Real Estate Qwost Corporation dba CardwWnk QC 1211E NE 6e fN Rm 4M Seattle, WA Nil$ Rd"M of Eason" KNOW ALL MEN BY THESE PRESENT'S Clint. QmM Corporation, a Colorado corporation d/b/a CenturyUnk QC ("CentruyLink ), whose address is 100 Cent rylink Drive, Monroe, LA 71203, Attention: Cionstruction SWces, (F.K.A. US WEST COMM MUCATIONS, INC.) herei oft C31W "Cmrrp W for and in consderabbn of One Dollar and other good and valuable considerations, the reoW whereof is hereby confessed and acknowledged, does hereby release that easement recorded in Book 106 on Page 14563.69 of the official records of the Clerk and Recorders office of ADA County, State of IDAHO dewt ed property as, to wft: Utility easement akmg the north Ave feet of Block 8, lot 1, Reflection Ridge Subdivision #1, Irnstrurnent 113129230. The purpose of this document is to reuse the easement described above and hereby expressly owepdng and reserving to the Company, any and all interest otherwise acquired in said property, ty, except as stated above. IN IESS C# the Company has caused these presents to be executed this day of /,_,_i 2015. JF- QWMtti QC By — STATE OF WASHINGTON ) ss) COY of K9 ) The foregoing instrument was acknowledged before me this —&— day of 2015 by Kristin Zimmerman as Rift of Wry Manager, Washington on behalf of the colporatim. y�i OF WASH�.1. ��r SE 1/4 OF SECTION 30, TOWNSHIP 3N, RANGE IE, B.M. Reflection Ridge Sub 3 Lots 2-5, Blk 8 VAC-15-004 - 10 - Machelle Hill From: Sonya Watters Sent: Monday, May 18, 2015 8:21 AM To: Jacy Jones; Jaycee Holman; Machelle Hill Cc: Matthew Schultz Subject: Reflection Ridge Sub 3 Lots 2-5 Blk 8 VAC-15-004 Attachments: Reflection Ridge Sub 3 Lots 2-5 Blk 8 VAC-15-004.pdf Thanks for the clarification Matt, I've revised the staff report accordingly. Please delete the previous version I sent.