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Settlers Village Subdivision AMBROSE, I'ITZGERALD &. CROOKSTON Altorneys and Counselofs P.O. Box 427 Morldlan, Ideho 83642 relophoM B8ll-446 1 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN STIAN AND PAMELA WOOD APPLICATION TO VACATE EASEMENT SETTLERS VILLAGE SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 19, 1991~ at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the vacation of the walkway easement was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 19, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City 0 f Meridian and is described as Lot 7, Block 1, Settlers Village Subdivision and is owned by Applicant; that the plat of the subdivision shows an easement along the northern fifteen feet of AMBROSE, FITZGERALD &. CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 relephone /l88-4461 the lot as a wal kway and for purposes of a permanent publ ic utilities, irrigation and access easement; the plat also indicates that a permanent barrier consisting of fencing, vegetation and paved access way will be constructed within the easement. 3. That a similar easement existed in Lot 7, Block 2, which was previously vacated. 4. That the property is located in an R-8 Residential District and is so developed. 5. That Appl icant desires to vacate the easement for purposes of access and as a walkway but does not desire to have the easement vacated as to the utility or irrigation purposes. 6. That the Applicant testified that there has been no use the easement along the northern potion of his lot for publ ic access but that his neighbor to the north did use the easement for access to the back of the property owned by the neighbor; that the easement along the northern portion of the Applicantrs lot takes up approximately 25% of the Applicantrs lot; that the Applicant purchased the property not realizing the existence of the easement and the easement was not placed on the Plat at his request but was put on there at the request of a developer when he had the property zoned commercial; that the failure to remove the easement at the time the property was rezoned to commercial was due to the fact that the developer had failed to requests its vacation and removal at the time the developer request the similar easement to be removed form Block 2. 7 . That the purpose of the easement for access purposes was initially included on the plat when lots 1 through seven of block AMBROSE, FITZGERALD &. CROOKSTON Attorneys snd Coun&lllof3 P.O. ao~ 427 Meridian, Idaho 83642 felephone 1lIIB-4461 one were zoned as commercial lots and the easement for access was to provide access to the back of the lots if developed in a commercial fashion; that the zoning was changed back from commercial to residential but the walkway easement was not removed. 8. That the utility companies and the irrigation companies submitted comments which did not object to the vacation of the easement as a walkway. 9. That Note 2 on the plat of the subdivision also indicates that there is a 2 1/2 foot access easement along the side lot lines of Lot 7, Block 1. 10. That the property surrounding the Applicant's is used residentially. 11. That there was public testimony objecting to the vacation of the easement; that the objections were from three owners of lots to the north of the appl icant and were largely based on the inability to obtain access to the back of their lots if the easement as a public walkway and for access is vacated; that the owners objecting would have access to the backs of their lots through their own property if the easement is vacated. 12. That proper notice has been given as required by law by Idaho Code, 50-1306A, have been given and followed. CONCLUSIONS 1. That all the procedural requirements of Idaho Code, 50- 1306A and of the Ordinances of the City of Meridian have been met. AMBROSE, FITZGERALD & CROOKSTON Attorneys snd Counselors P.O. Bo~ 427 Meridian, Ideho 83642 ralophono 888-446t 2. That the City of Meridian has authority to vacate easements pursuant to Idaho Code, 50-1306A. 3. That the vacation of the easement and the associated easements as noted in note 2 on the plate for access and walkways will not unduly burden those parties objecting to the vacation as they will continue to have access to the back of their lots via their own property 4. That the failure to vacate the easement would unduly burden the Applicant and his property with public access that was not designed for his lot as zoned residential. 5. That the easement1s use for irrigation and public utilities will not be infringed upon by the vacation of the easements for public access. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Yerrington Voted 7f: Counci lman Giesler Voted r Councilman Myers Voted r Counci lman Tolsma Voted ~ Mayor Kingsford (Tie Breaker) Voted