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CC - Staff Report STAFF REPORT E IIIT� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/11/2022 Lagend DATE: J�IProj�Ci LoC�liorl TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-489-0573 , SUBJECT: H-2022-0067 5156 W. Highland Fall Dr. -VAC --,--� LOCATION: 5156 W. Highland Fall Dr., in the SE 1/4 of Section 21,TAN.,R.1W. L Ll I. PROJECT DESCRIPTION Request to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide pressure irrigation easement along the west side of Lot 6,Block 3 Fairbourne Subdivision No. 3. II. APPLICANT INFORMATION A. Applicant: Andrew George—P.O. Box 2208,Eagle, ID 83616 B. Owner: Element Custom Homes,LLC—23 Larkspur Circle,McCall,ID 83638 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others", which requires approval from City Council at a public hearing. IV. NOTICING City Council Posting Date Newspaper Notification 9/25/2022 Page 1 Radius notification mailed to 9/23/2022 properties within 300 feet Next Door posting 9/23/2022 V. STAFF ANALYSIS The Applicant requests approval to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide pressure irrigation easement depicted on the recorded plat along the west side of Lot 6,Block 3 Fairbourne Subdivision No. 3. A legal description and exhibit map of the portion of the easement proposed to be vacated is included in Section VII below. The reason for the request is that a portion of the home under construction on the subject lot encroaches 2-feet into the easement area. The Applicant's narrative states the irrigation easement is for ongoing operations and maintenance of a 6-inch diameter pipeline. The line was installed 4-feet from the west property line on the lot. Reducing the easement width to 8-feet where the home encroaches will still allow adequate space for operating and maintaining the pipeline. A relinquishment letter was received from Sam Johnson,President of the Fairbourne Subdivision Owner's Association stating they have no objection to the partial vacation of the pressure irrigation easement as proposed. A letter was also received from Settler's Irrigation District stating they do not own or operate the pressure irrigation system for Fairbourne Subdivision. VI. DECISION A. Staff: Staff recommends approval of the partial vacation of the pressure irrigation easement as proposed by the Applicant and as agreed upon by the easement holder. Page 2 VII. EXHIBIT Legal Description&Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated EASEMENT VACATION DESCRIPTION FOR MI1BauRNE DEVELOPMENT, LLC An exJSting ease men t IoGated irl the NE 114 of th a SE V4 of Section 21,Township d North, Range i West, Balsa Merldkan, Ckty of Marfdianr and hEing a part of Lot 6 of Block 3 of FAMBOURNF SUBDIV00N 1VO. 3 as shown in Book 122 of plats at pages 19189—19293 in the office of the Recmder,Ada County, Idaho, more parricularlydeKrl ed asfailows; Commencing at a 112 inch&a meter iron pkn marking the southwesterly corner of said Lot 6,from which a W Inch dlartteter iron pin morking the northwesterly corner of said Lot 6 bears N 0°29'33" E a distance vi IM00 feet; Thence 4 90'00r00" E aiong the southery hH)undary of said Lot 5 a distance of 10-00 feet to a point marking the southeasterly comer of an existing 10 foot pressure irrigation easem-ant as shown on the plat of said FAtRSOURN€SUBINVIYON W.3; Thence leaving 5ald southerly Wwndary N 0°2Ta3" E along the easterly boundary of said B@5€—ant a di5wnce 9f 17-50 few u t1h a POINT OF BE",I N N I NG,- Thence contlnuing N 0"2T.Sa"E a dlstarite o05-00 feet to a point: Thence leaving sold easterly boundary N 40"00100'r VV a dlstance of 2.00 feet to a point; Thence 5 0°29 33°W a distance of 35.00 feet to a point; Tirenc-e N 9OW'W E a dicta nce of 2,00 feet to the POINT OP BEGINNING. thFs parCel contains 70-00 Square feet I0.W.2 acres}and Es Subject to any easements morng or in U&e. 1}fepared by: Kyle A.Koognler,PL5 A tiA Civil Survey Consultant%Inwrpori ted of o May 13,2022 ' Page 3 SKETCH TO ACCOMPANK E fSE EW VACATION DESCRIPTION FOR FAIRBOURNE OEI EL OPMEN Ir L L , LOCATED IN rHE I E 114 OF THE SE 1 4 OF ,SECTION 27, rOF NS' IP 4 NOR71-4 RANGE I WEST, OISE' MERIDIAN, CITY OF MERIDIAN, ADA COUNrY, IDAHO MATrw �Y S' ❑ oY 'A'-F O q ti A' WrGVZVM fY Af 6V29 3T' r nr 4r�77o ffi;V, W. NON LAND FAU OR I " I ° p b 18780 -u CNIL SJI24Lf(W UNbL.JANU; W. �a 7r xC Of 3 It � .2f SWrN LWHIMAN ors Ko o Page 4