Loading...
Cherry Blossom Place Partial Release of Utility and Drainage Easement J. L. Towne ESMT-2021-0017 (2021-152384) ADA COUNTY RECORDER Phil McGrane 2021-159493 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 11/05/2021 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN IDAHO IN THE MATTER OF THE ) ATTEMPTED PARTIAL RELEASE ) OF A PLATTED UTILITY AND ) DRAINAGE EASEMENT, ADA } AFFIDAVIT OF THEODORE COUNTY INSTRUMENT NUMBER } BAIRD REGARDING THE 2021-152384 ) INVALIDITY OF THE RECORDED PARTIAL RELEASE OF EASEMENT THEODORE BAIRD, being first duly sworn, on oath, deposes and says: 1. Your affiant, THEODORE BAIRD, is a Deputy City Attorney for the City of Meridian and has personal knowledge of the facts stated herein. 2. 1 am involved in the reviewing of easement documents and easement releases for compliance with City and State Law. I have been employed with the City of Meridian since December 20, 2004. 3. This affidavit is written in regards to the Partial Release of Easement dated October 19, 2021 and Recorded as Ada County Instrument Number 2021-152384 (the "Partial Release of Easement" or "Partial Vacation"). 4. The purported Partial Release of Easement pertains to a Public Utility and Drainage Easement established on the Plat of the J.L. Towne Subdivision, recorded on July 10, 1956 in Ada County Plat Book No. 15, at Pages 982-83. 5. The City of Meridian "form document"used to attempt the partial release of the platted utility and drainage easement is intended to be used in situations regarding non-platted City of Meridian Water and/or Sewer Easements. The use of this form document for the purpose of AFFIDAVIT OF THEODORE BAIRD Page 1 of 2 vacating a platted easement skirts the public notice and hearing requirements of Idaho Code 50- 1306A. 6. The Partial Release of Easement document, Ada County Instrument Number 2021- 152384, was recorded in error and is NOT VALID due to the fact that no public notice was given, no public hearing was held, and the other public utilities entitled to use the platted easement were not provided an opportunity to be heard and comment on the proposed partial vacation. 7. After the Recording of this Affidavit, the City of Meridian intends to inform the party pursuing the partial vacation that the recorded document (Ada County Instrument Number 2021- 152384) is NOT VALID and the party shall be advised to pursue the statutorily required procedure, which would result in the Partial Vacation (if approved after notice and hearing) being submitted to Ada County for Recording on the appropriate form. Further your affiant saith not. Dated this 4th day of November, 2021. T o ore Baird STATE OF IDAHO } ss County of Ada } This record was signed and sworn befor` ve �4,�Theodore ,���mod. �••` `,E ••• Notary for the State of Idaho 0 }OT 4�ro0; Commission expires: CMMUMt88ION; �'�,� N1319H6 11 C)� •••�•W'OF VD 00• 0=0000 AFFIDAVIT OF THEODORE BAIRD Page 2 of 2 ADA COUNTY RECORDER Phil McGrane 2021-152384 BOISE IDAHO Pgs=3 NIKOLA OLSON 10/20/2021 02:42 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0017 J.L.Towne t, Cherry Blossom Place Partial Release of Easement PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Utility and Drainage GRANTEE:CITY OF MERIDIAN GRANTORS: J.L Towne ,INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated Jane 22 1956 and recorded as Instrument Number in the land records of Ada County,State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian,an Idaho Municipal Corporation{"the Easement"},upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW,THEREFORE, in consideration of the premises,the City of Meridian does hereby release,vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, - and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF,THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 19th.day of October ,20 21 CITY OF MERIDIAN Rd6elrt imis n M 0-19-2021 er r `` " SEAL Attest by C Johnson, erk - - 21 STATE OF IDAHO, } : ss. County of Ada } This record was acknowledged before me on 10-19-2021(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature COM1COMMISSIONist COMMISSION#sTsso ONE WAY Notary Commission Expires: 3-28-2022 c NOTARY PUSUC Residing in Meridian,Idaho STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Version 01/01/2020 BASIS OF BEARING .......•S89'26'53"E 2655.21E. . 1/4 S.1 W CHERRY LN S.1 S.6 L� Jv — S_12 - 432.87' � 2222.3� S.7 I I r 30 120 0 15 so � C SCALE: 1" = 60' 3 . F4 n N I S86'37'42"E r 6.01E , REAL POINT { I 1 OF BEGINNING 1 11 /Ir J. L. TOWNE i I SUBDIVISION ti ^� 0 w��rn 0110 0 /� olio a ' oI1N % ZI IN INIL�IAA IN, O y II 55N CENgFOs 0 A O i i �Od Tg Op \p4p� MCC,PM� N 47'4555"W 8.04E r' • EXHIBITADRAWING FORose lDAHO gg55W EMEMWST UTILITY AND DRAINAGE EASEMENT VACATION 9iEETND. SURVEY 8019E.iDAH08]O(2aa)en7D J.L. TOWNE SUBDIVISION 1 GROUP, LLC A PORTION OF LOTS 6 AND 7. OLOCN P. JA. TOME SUSDINSION,SITUATED YAW THE NW 1/4 DWG. DATE OF THE NE 1/4 OF SECTION 12, T.3N.. N.1%, D.M., CITY OF MERIDIAN, ADA COUNTY,IDAHO 3/1D/2020 EXHIBIT B Description for Utility and Drainage Easement Vacation March 10, 2020 A strip of land being a portion of the Utility and Drainage Easement located on Lots 6 and 7, Block 2, J.L. Towne Subdivision as fled in Book 15 of Plats at Pages 982 and 983, Records of Ada County, Idaho, situated within of the Northeast 114 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a found brass cap marring the North 114 corner of said Section 12 from which a found brass cap marking the Northeast corner of said Section 12 bears, South 89°26'53" East, 2,655.21 feet;thence along the North boundary of said Section 12, South 89°26'53" East, 432.87 feet to the Northerly extension of the East boundary line of said J.L.Towne Subdivision; thence on said Northerly extension and said East boundary line; South 00°27'01"West, 832.68 feet to the Northeast corner of said Lot 6 and the REAL POINT OF BEGINNING; thence continuing on said East boundary line, South 00027'01"West, 310.91 feet to the Southeast corner of said Lot 7; thence on the Southerly boundary of said J.L. Towne Subdivision, North 47°46'55"West, 8.04 feet; thence leaving said Southerly boundary line on a line parallel with and 6 feet westerly of said East boundary line, North 00027'01" East, 305.85 feet to the North boundary line of said Lot 6; thence on said North boundary line, South 86037'42" East, 6.01 feet to the REAL POINT OF BEGINNING. Containing 1,850 square feet or 0.04 acres, more or less. End of Description. .Ttr OT 1.1779 GF � r Page 1 of 1