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;
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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
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• 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.
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