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CC - Staff Report 5-12 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/12/2020 Legend DATE: ,Z ,z Project Location TO: Mayor&City Council _ FROM: Joseph Dodson,Associate Planner QLu— �i Lu 208-884-5533 a Bruce Freckleton,Development z R-4 . Services Manager ~ 208-887-2211 SUBJECT: H-2020-0037 Kenneth Allen Garage z 5 W LOCATION: 2420 N. Victor Way � Rut, -CHATE--U=DR edge R_g Lateral I. PROJECT DESCRIPTION Request to vacate 5 feet of an existing 10-foot wide public utility, drainage,and irrigation(PUDI) easement located along the south property line of Lot 7,Block 3 of the Tuthill Estates Subdivision No. I (see Section V.A). II. SUMMARY OF REPORT A. Applicant/Owner: Kenneth Allen, Owner—2420 N. Victor Way, Meridian, ID 83646 B. Representative: Same as owner. III. STAFF ANALYSIS The 5-foot wide easement proposed to be vacated consists of public utility, drainage, and irrigation easement(see Section V.Q. The easements on this lot are part of the standard easements placed on buildable lots when a new subdivision is approved. The owner is requesting to vacate half of the 10-foot easement in order to build a new standalone garage five feet from the property line; five feet is the minimum interior side setback in the R-4 zoning district(see Section V.B). According to some of the utility providers, there are no utilities within the easement area proposed to be vacated.The easement holders(i.e.Cable One/Sparklight,Idaho Power,Intermountain Gas,Century Link, Nampa Meridian Irrigation District) have all submitted written consent agreeing to vacate a portion of the existing easement as proposed(see Exhibit V.D.). Page 1 IV. DECISION A. Staff: Staff recommends approval of the vacation of easement request as proposed by the Applicant. V. EXHIBITS A. Recorded Plat PUT SHOWING IEG. TUTHILL ESTATES ,NO, I 34 JS r.u•_,_e.+r rA jr. A SUBDIVISION • n w z r■r,x,.,,.nw.m u. 37 ' A PORTION OF SW 1/4 OF NW 1/4, SECTION 2, T.3N., R.1 Nf. B.M.. MER€DIAN, AOA COUNTY, IE]AHO sceu 1 ■ NUeaLE€NINNEEMN0.1NC. N r a A RUSE, IDAH❑ € 1994 tiro PARKKO0 MEADOWS MJNWMCN N0.i CUWM DATA ! ■o,a'x-r z- 3 w — ��r�7KITIOI Y•R �.� _ � ® 9 �� W I � I 3 I _ N W k • ° ,� u n..•W:�.n rn.a,m.n.c ra.�a.-w.�za xza�m�nn rar CI I i 'wax s a ® � ' Fri 1 � n uan.n ans•..s«ues•zt..wer.esxun � °iis1°wse'"'u a M w°•'w'�"�v'��x�..r°Rn,.'".�n°n'" n°,w „ L 'es^rt a MATT �' NInAR mr oe+FlmOt 5 en s a'UAAe — ..w�r� 2 rsu xr sxua 1rix emu*-- wa,new.rniiuAr+N a i91S'SR'E{5,Ei'W 11•C) =d10.N''r Page 2 B. Site Plan Depicting Easement to be Vacated(date: 8/20/2019) IOft 0 n 125' I LEGENDIi 10, i�- 6oundary Line ' ' j 'i ------------------- .Easement Line a `".'-"� House j a -•- - ------ Setback Line � 'ir;a-,,:, ,��� � z 76' I a 125' Proposed o h Storage Bldg SITE PLAN ACTION STEEL BUILDERS INC. P.O. Box 2604 2420 IV. I/'ctor Way Eogle, ID 83616 0 20 40 g0 LoCOted In Lot 7 Block 3 1-Zoe-322-1333 Tuthill Estotes Sub No. 1 PREPARED 2Y Section 2, T3N RIW, R.M. SHARP & SMITH INC. Scale: 1" = 40' Ada County, ldaho 327 N. 271h 8015E. ID 83702 1-208-344-0575 0 125' ' 2o'T- � LEGEND Bourdary Line I --- Easement Line Ixt n . House ----- Setback Line �f; Q U i s z 76 75' LY 125' `Proposed Ln Storage Bldg SITE PLAN ACTION STEEL BUILDERS INC. P.O. Box 2604 2420 N. V'ctor Wc), Eagle, ID 83616 Located In Lot 7 Block 3 206-322-1333 0 20 40 80 Tuthill Estates Sub No. 1 PREPARED BY Section 2, 7-,3N R7W, B.M. SHARP & SMITH INC. Scale: 1" = 40' Ada County, Idaho 327 N. 27.h BOISE, IC 83702 1-208-344-0676 Page 3 C. Legal Description of Easement Proposed to be Vacated DESCRIPTION FOR EASEMENT VACATION This description is for the vacation of the north one half of the 1D'Public Utility Easement across the south portion of Lot 7 Block 3 of the Tuthill Estates No.1 as recorded in the Ada County Records Book 65 Page 6590 located in the Southwest quarter of the Northwest quarter Section 2 Township 3 North,Range 1 West Boise Meridian and Ada County Idaho and more particularly described to wit: Commencing at the southeast corner of said subdivision which is the Initial Point for the Subdivision and the southeast corner of Lot 7; thence along the west line for the Lot 7,NO°54'26"E(basis of bearing west line Tuthill Estates No.1)a distance of 5.GO feet to a point and the Real Point of Beginning;; Thence N89°05'34"W a distance of 125.00 feet to the west line of Lot 7; Thence NO"54'26"E along said west line of Lot 7 a distance of 5.00 feet,- Thence S99°05'34"E a distance of 125.00 feet to the east line of Lot 7; Thence SO"54'26"W a distance of 5.00 feet and back to the point of beginning. Said parcel contains some 625 square feet more or less. Page 4 DISPLAY FOR PUBLIC `UT1LXrY EASEMENT VACATION LOCATED IN LOT 7 BLOCK 3 TUTHILL ESTATES NO. 1 1 PORTION OF THE SW1/4 OF THE NW1/4 SECTION 2, T3N R1W, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO I NB9'18'38'YY-725.00' ❑ 10 20 40 SCALE: 1° = 20' TUTHILL ESTATES No. 1 LOT 7 BLOCK 3 o �I� old nl $ fg z PUBLIC I.TILITY EASENEAT VACATED SN'M'34`E-125.W INITIAL UBQ�VESION 6.00' w S3V0534"E-925.00' _ 5,00' SWDY34'E-125.W PREPARE C 9Y SHARP & SMITH INC. :W N. 27tF ,JSISE, 10 a3702 1-2Q8-344-p67G Page 5 D. Relinquishment Letters from Easement Holders(service providers) 1 1503 HRST STREET SOUTH NAMPA,IDAHO 8W 1-4395 FAX#208-4&,3-O92 nmicf org OFFICE: Nampa 208-466-786I December 12,2019 SHOP: Nampa 2DS 466-0663 Kenneth Allen 2420 N.Victor Way Meridian,ID 83646 R1E: Request for relinquishment of right of way—2420 N_Victor Way Dear Kenneth: I have reviewed your letter from December 11, 2019, asking Nampa& Meridian Irrigation District (NMID) to respond to your request for relinquishment of a right of way on your property. Upon investigating our records,NMS)does not have any facilities that we operate or maintain on your property and claims no easements or right of way.Therefore,we will have no further comment regarding your request. Should you have any further questions,please feel free to give me a call(208)466-0661 Sincerely, �L A Greg G.Curtis Water Superintendent Nampa&Meridian Irrigation District GGCI gnf Cc: Office/File APPROWATE IRRIGABLE ACRES RIVER ROW RIGHT'S-2MM B06E PROJECT RIGHTS-40A00 Page 6 h,RDAHO POWERO An IOACURC Com pant January 15,2020 ,Sent via email to. allenken54, .icloud.com Ken Allen 2420 N'Victor Way Meridian,ID 83646 Re: Partial relinquishment of the Public Utility Easement(PUE)located in'Tuthill Estates No. i Block 3 Lot 7 Meridian,Idaho. Dear Ken: This is in response to the relinquishment request submitted to Idaho Power Company dated December 26,2019,regarding the possible partial relinquishment of the above noted PUE. More specifically,a reduction of the l 0-foot platted PUE on the East and South sides of Block 3 Lot 7 by 5 feet(easement area). While retaining the remaining 5-foot platted Public Utility Easement along the East and South boundary of Lot 7. Idaho Power's review of the relinquishment request indicated that there are no facilities within the above noted easement area. Idaho Power agrees to relinquish the public utility easements within described easement area. Thank you once again for providing Idaho Power Company the opportunity to review and comment upon the subject petition for relinquishment. Sincerely, Chris Jacky Associate Real Estate Specialist Land Management and Permitting Department Corporate Real Estate Idaho Power Company 208-388-2699 ciacky@jdahopower.com 1221 W.Idaho St.f837027 P.O.Box 70 Boise,1D 83707 Page 7 V ,� 2/26/2020 CenturyLink ATTW Ken Allen 2420 N Victor Way Meridian, ID 83646 No Reservations/No Objection SUBJECT. Vacate the north 5'of the 10' Public Utility Easement located along the south side,and the west 5'of the 10'Public Utility Easement located along the East side of Block 3 Lot T Tuthill Estates No. 1,Ada County,ID APN:R8571330430 To Whom It May Concem: Owest Corporation dlbla CENTURYLINK QC (°CenturyLink") has reviewed the request for the subject vacation and has determined that it has no objections with respect to the areas proposed for vacation as shown andlor described on Exhibit "A", said Exhibit "A° attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE.STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described,the Applicant will bear the cost of relocation and repair of said facilities. Sincerely yours, Tommy Sassone Network Infrastructure Services CenturyLink P825286 Page 8 AGAS COMPANY A&AMMydAW8WWM&V4XJx WESTERN REGION OFFICE 555 SOUTH COL£ROAD•BCISE,ID.83709 (208)37T-6000•Fax(208)377.6867 www.intgas_cem December 9,2019 Ken Allen, This letter is to let you know that, Intermountain Gas Company relinquishes any and all their rights to the following described easement.The 10'side lot lines on the southside of Lot 7 Block 3 of Tuthill Estates 41 Subdivision in T.3 N.,R. 1 W„See 2,NW'/4 Sec_Boise Meridian,Ada County,Idaho. If you have any questions,please let me know. Bryce Ostler .) 0116�- GIS Field Technician Page 9 ()RIG AL.Cable One Ina;dba 5parklight •L i V 2101 E.Karcher Road Nampa, Idaho 83687 Ken Alien, This fetter is to let you know that Cable One Inc.,dba Spas}i[.l's&relinquishes the 5-foot casement seduction that you requested for the construction of your storage garage of the fallowing described easement. The 10'side lot lines on the soutkside of Lot 7 Block 3 of Tuthill $states#I Subdivision in T.3 N..R. I W.,Sec 2,NW'/.Siec.Seise Meridian,Ada County, Idaho. If you have any questions,please let me know. � ZT"90 Aia Aw- Date Page 10