Meridian Business Park Easement Vacation 99-004ADA COUNTY RECORDER Phil McGrane 2019-006169
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 01/24/2019 03:08 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN
Meridian City Cleric
Address: 33 E. Broadway Street
Meridian, Idaho 83642
Telephone: (208) 888-4433
SUMMARY OF ACTION
BEFORE THE MERIDIAN CITY COUNCIL
IN THE STATE OF IDAHO, COUNTY OF ADA
IN THE MATTER OF THE REQUEST
FOR VACATION OF TWO 10 FOOT
WIDE PUBLIC UTILITY EASEMENTS
OF LOTS 5 AND 6 OF BLOCK 1 AND
LOTS 6, 7, 8 OF BLOCK 1, MERIDIAN
BUSINESS PARK SUBDIVISION
Case No. VAC -99-004
CERTIFICATION OF THE
CITY CLERK OF THE
CITY OF MERIDIAN
JONATHAN R. SEEL, APPLICANT
I, C.Jay Coles, City Cleric for the City of Meridian, State of Idaho, do certify that I
have examined all records of the City of Meridian relating to the above -captioned matter and that
the attached Exhibit A is a true representation of the Findings of Fact and Conclusions of Law and
Order of Vacation of Utility Easement adopted by action of the City Council on December 7,
1999 which vacated the easements legally described in Exhibits A-1 and A-2.
DATED this 24th day of January, 2019.
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Ci y Cleric, ' y of Meridian SEAL w�
CERTIFICATION OF CITY CLERK OF THE CITY OF MERIDIAN PAGE I OF I
•
EXHIBIT A NINE PAGES
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR VACATION OF TWO 10 FOOT )
WIDE PUBLIC UTILITY EASEMENTS )
OF LOTS 5 AND 6 OF BLOCK I AND )
LOTS 6,7,8 OF BLOCK 1, MERIDIAN )
BUSINESS PARK SUBDIVISION )
JONATHAN R. SEEL, APPLICANT
12-21-99
CASE NO. VAC -99-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
.AND ORDER OF VACATION
OF UTILITY EASEMENT
This matter coming on regularly before the City Council at its regular meeting
on the 16`" day of November, 1999, at the hour of 7:00 p.m., and Gary Smith, City
Engineer, appeared and the Council having received the record from the Planning and
Zoning Commission and its recommendations to the City Council, and no objection
having been received makes the following Findings of Fact and Decision and Order,
Findings of Fact and Conclusions of Law and - Page 1 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: Jonathan R. Seel / VAC -99-005
0
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
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 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 orgy 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 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By Jonathan R. Seel / VAC -99-005
0 0
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
4. Pursuant to § 9-611 A 2, a. and b. 1. of the Meridian Zoning and
Development Ordinance it provides as follows:
Commission Recommendation: The Commission shall review the
request and all agency response and make a recommendation to the
Council for either approval, conditional approval, or denial.
Council Action - When considering an application for the vacation
procedures, the Council shall establish a date for a public hearing and
give such public notice as required by law. The Council may approve,
deny or modify the application. Whenever public rights-of-way or lands
are vacated, the Council shall provide adjacent property owners with a
quit -claim deed for the vacated rights-of-way in such proportions as are
prescribed by law.
FINDINGS OF FACT
l , W. H. Moore Company/Jonathan R. Seel, of 600 N. Steelhead Way,
Suite 144, PO Box 8204, Boise, Idaho, 83707-2204, is a legally
recognized form of business in the State of Idaho. {see Chapter 6 of
Title 53 Idaho Code}
2. W. H. Moore Company/Jonathan R. Seel, filed a petition for the
vacation of two 10 foot wide public utility easements in the SE 1/4 of
the SW 1/4 of Section 7, Township 3 North, Range 1 East of the Boise
Meridian as dedicated in the Certificate of Owner of Meridian Business
Park in Book 70 at page 7158, as Instrument No. 95059609,
3. The legal descriptions of the utility easements which are the subject of
Findings of Fact and Conclusions of Law and — Page 3 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: Jonathan R. Seel / VAC -99-005
• 0
this petition are:
Easement One (Legal description of a portion of an existing easement to
be released Lots 5 and 6 of Block .l, MERIDLAN BUSINESS PARK):
A 10.00 foot wide strip of land being 5.00 feet wide on each side of
centerline and located in Lots 5 and 6 of Block 1 of MERIDIAN
BUSINESS PARK SUBDIVISION situate in the SW 1/4 of the SE 1/4
of Section 7, Township 3 North, Range 1 East of the Boise Meridian,
Ada County, Idaho, the centerline of said strip of land being more
particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 5
and 6; thence South 89°20'30" West a distance of 235.05 feet along the
line common to said Lots 5 and 6 to the POINT OF TERMINUS, said
point bears North 89°20'30" East a distance of 25.00 feet from the most
westerly corner common to said Lots 5 and 6.
Said strip of land contains 2,350.5 square feet more or less.
Easement Two (Legal description of a portion of an existing easement to
be released lying on Lots 6,7, and 8 of Block X, MERIDLAN BUSINESS
PARK):
A 10.00 foot wide strip of land being 5.00 feet wide on each side of
centerline and located in Lots 6, 7 and 8 of Block I of MERIDIAN
BUSINESS PARK SUBDIVISION situate in the SW 1/4 of the SE 1/4
of Section 7, Township 3 North, Range I East of the Boise Meridian,
Ada County, Idaho, the centerline of said strip of land being more
particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 6
and 7; thence South 89°20'30" West a distance of 235.05 feet along the
line common to said Lots 6, 7 and 8 to the POINT OF TERMINUS,
said point bears North 89°20'30" East a distance of 25.00 feet from the
most westerly corner common to said Lots 6 and 8.
Findings of Fact and Conclusions of Law and — Page 4 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: ronathan R, Seel / VAC -99-005
0 0
Said strip of land contains 2,350.5 square feet more or less.
4. The particular circumstances of the requested vacation is:
The vacations are required to allow construction of buildings over the
easements. All utilities are located in the street and can service projects
without having to utilize these easements. Additionally, the City has
requested that the consent of Parcel A land owner (Gary Price) be
combined with the two vacations in one application. A consent letter
from Mr. Price is attached within Exhibit "A".
5. The names and, Relinquishment of Easements attached as Exhibit "A",
of the affected by the petition to vacate include:
5.1 The applicant/owner of the property is W. H. Moore Company,
Boise, Idaho.
5.2 Ada County Highway District of Boise, Idaho.
5.3 Intermountain Gas, US West Communications, Inc., City of
Meridian, TCI Cablevision and Idaho Power, attached within
Exhibit "A" are the Relinquishment of Easements releases.
5.4 Gary Price, consent letter.
6. Written notice of the public hearing of this petition was given by
certified mail with return receipt at least ten (l 0) days prior to the date
of the public hearing to all property owners within three hundred (300)
feet of the boundaries of the area described in the petition, and such
notice was also published once a week for two (2) successive weeks in
the Idaho Statesman with the last publication which was not less than
seven (7) days prior to the hearing.
7. All affected utility holders have agreed to the requested vacation in
writing.
$. The Ada County Highway District does not object to the requested
Findings of Fact and Conclusions of Law and — Page 5 0£ 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: Jonathan R. Seel / VAC -99-005
vacation.
9. All publication costs have been paid by the petitioner.
DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND
JURISDICTION, the City Council does hereby ORDER and this does ORDER
that:
1. Those certain utility easements as depicted on the Record of Survey of
Meridian Business Park, are hereby vacated.
Easement One (Legal description of a portion of an existing easement to
be released Lots 5 and 6 of Block X, MERIDIAN BUSINESS PA.RIO:
A 10.00 foot wide strip of land being 5.00 feet wide on each side of
centerline and located in Lots 5 and 6 of Block I of MERIDIAN
BUSINESS PARK SUBDIVISION situate in the SW 1/4 of the SE 1/4
of Section 7, Township 3 North, Range 1 East of the Boise Meridian,
Ada County, Idaho, the centerline of said strip of land being more
particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 5
and 6; thence South 89020130" West a distance of 235.05 feet along the
line common to said Lots 5 and 6 to the POINT OF TERMINUS, said
point bears North 89°20'30" East a distance of 25.00 feet from the most
westerly corner common to said Lots 5 and 6.
Said strip of land contains 2,350.5 square feet more or less.
Findings of Fact and Conclusions of Law and — Page 6 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: Jonathan R. Seel / VAC -99-005
Easement Two (Legal description of a portion of an existing easement to
be released lying on Lots 6, 7 and 8 of Block .i, MER.IDCAN BUSINESS
PARK);
A 10.00 foot wide strip of land being 5.00 feet wide on each side of
centerline and located in Lots 6, 7 and 8 of Block 1 of MERIDIAN
BUSINESS PARK SUBDIVISION situate in the SW 1/4 of the SE 1/4
of Section 7, Township 3 North, Range I East of the Boise Meridian,
Ada County, Idaho, the centerline of said strip of land being more
particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 6
and 7; thence South 89°20'30" West a distance of 235.05 feet along the
line common to said Lots 6, 7 and 8 to the POINT OF TERMINUS,
said point bears North 89°20'30" East a distance of 25.00 feet from the
most westerly corner common to said Lots 6 and 8.
Said strip of land contains 2,350.5 square feet more or less.
2. The City Cleric shall cause a copy of this order to be served upon the
affected utility holders, and the petitioner, Public Works, Planning and
Zoning Departments, and the City Attorney's office.
3. The City Clerk shall cause a certified copy of this order to be recorded
with the Ada County Recorders office.
Findings of Fact and Conclusions of Law and — Page 7 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park /
By: Jonathan R. Seel / VAC -99-005
•
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the vacation may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. 7
By action of the City Council at its regular meeting held on the j day of
1999.
ROLL CALL
COUNCILMAN ANDERSON VOTED /76
COUNCILMAN BENTLEY
COUNCILMAN BIRD
COUNCILMAN ROUNTREE
VOTED_06t=
VOTED G L
VOTED__
Findings of Fact and Conclusions of Law and — Page 8 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By: Jonathan R, Seel / VAC -99-005
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED________
DATED: l2 7 l
Copy served upon Applicant, the Planningand ZoningDepartment, Public W%� .jp"ov
Department and City Attorney. V� oo�pof?,q
BY;
City Clerk
STATE OF IDAHO,
: ss.
County of Ada.
DATED: 2
SEAL
(-oUNv- Y .
On this �7111- day of _ G�P_'4 I r' , 1999, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Cleric of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
r
OTA*jt- �' otary Public for Idaho
Commission Expires:—IL Uri'
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,«/7��triiLtfaian 15360Iv1\W.H. Moore VACOCIOrdVacUtilityEasmt
Findings of Fact and Conclusions of Law and - Page 9 of 9
Order of Vacation of two 10 foot wide public utility
easements / Meridian Business Park/
By; Jonathan R. Seel / VAC -99-005
s -
"ERSON-DAVID & ASSOCIATES, INC.
EXHIBIT A - 1 EASEMENT VACATON # ONE
July 20, 1999
Legal Description of a portion of an existing easement to be released
Lots 5 and 6 of Block 1, MERIDIAN BUSINESS PARK
A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in
Lots 5 and 6 of Block I of MERIDIAN BUSINESS PARK SUBDIVISION situate in the SW
1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada
County, Idaho, the centerline of said strip of land being more particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 5 and 6; thence South 89°
20'30" West a distance of 235.05 feet along the line common to said Lots 5 and 6 to the POINT
OF TERMINUS, said point bears North 89°20'30" East a distance of 25.00 feet from the
most westerly corner common to said Lots 5 and 6.
Said strip of land contains 2,350.5 square feet more or less.
Land Surveying Services
1843 Broadway Ave., Suite 101B, Boise, ID 83706 % 208.363.0058 fax 208.363.0800
�ERSON-DAVID,. & ASSOCIATES, INC.
EXHIBIT A - 2 EASEMENT VACATON # TWO
August 24, 1999
Legal Description of a portion of an existing easement to be released lying on
Lots 6, 7 and 8 of Block 1, MERIDIAN BUSINESS PARK
A 10.00 foot wide strip of land being 5.00 feet wide on each side of centerline and located in
Lots 6, 7 and 8 of Block 1 of MERIDIAN BUSINESS PARK SUBDIVISION situate in the SW
1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada
County, Idaho, the centerline of said strip of land being more particularly described as follows:
BEGINNING at the most easterly Lot corner common to said Lots 6 and 7; thence South 89°
20'30" West a distance of 235.05 feet along the line common to said Lots 6, 7 and 8 to the
POINT OF TERMINUS, said point bears North 89°20'30" East a distance of 25.00 feet from
the most westerly corner common to said Lots 6 and 8.
Said strip of land contains 2,350.5 square feet more or less.
LA;Vp
7314
Land Surveying Services
1843 Broadway Ave., Suite 101 B, Boise, ID 83706 ti 208.363,0058 fax 208,363.0800