Robert L. Higgins VAC 99-006
mU-I1JI~ RECORDED~REaUEST OF
t':.OA COUNTY RECORDER ~"I k1{
.J. O/WID NAVARRO .. ~ ~
[;1):5[, lOMHJ FEE_~OEPUTY __.
lDOD AP I 3 PH I: 37 (2pt I 0 0 0 2 8 0 4 1
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR 20 FOOT EMERGENCY ACCESS )
EASEMENT VACATION BETWEEN )
MIRAGE MEADOWS SUBDIVISION )
AND CHATEAU MEADOWS EAST NO.1)
SUBDIVISION, MERIDIAN, IDAHO )
)
)
ROBERT L. HIGGINS et ai, APPLICANT )
)
01-24-00
CASE NO. V AC-99-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF 20 FOOT EMERGENCY
ACCESS EASEMENT
This matter coming on regularly before the City Council at its regular
meeting on the 18th day of January, 2000, at the hour of 7:00 p.m., and Shari
Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire
Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe
Pasewalk, appeared and testified in favor of the emergency easement vacation,
and Richard Stagnaro addressed the issue through a letter which has been
placed on record, and the Council having received the record from the Planning
and Zoning Commission and its recommendations to the City Council, and no
objection having been received makes the following Findings of Fact and
Findings of Fact and Conclusions of Law and - Page 1 of 8
Order of Vacation / Robert L. Higgins / V AC-99-006
Decision and Order.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {I.C. 8
50-1325}.
2. The vacation of an easement which was accepted as part of a
platted subdivision shall be vacated pursuant to the provision of
Chapter 13, Title 50 Idaho Code {I.C. 8 40-203 (6)}.
3. Any person, firm, association, corporation or other legally
recognized form of business desiring to vacate a part of a plat
which is inside the boundaries of any City must petition the City
Council to vacate. Any person, persons, firm, association,
corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1)
mile of the boundaries of any city must petition the city council to
vacate. Such petition shall set forth particular circumstances of
the requests to vacate; contain a legal description of the platted
area or property to be vacated; the names of the persons affected
thereby, and said petition shall be filed with the city clerk. Written
notice of public hearing on said petition shall be given, by certified
mail with return receipt, at least ten (10) days prior to the date of
public hearing to all property owners within three hundred (300)
feet of the boundaries of the area described in the petition. Such
notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the
last of which shall be not less than seven (7) days prior to the date
of said hearing; provided, however, that in a proceeding as to the
vacation of all or a portion of a cemetery plat where there has been
no interment, or in the case of a cemetery being within three
hundred (300) feet of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required
notice as to the property owners in the cemetery. When the
procedures set forth herein have been fulfilled, the city council may
grant the request to vacate with such restrictions as they deem
necessary in the public interest. In the case of easements granted
for gas, sewer, water, telephone, cable television, power, drainage,
Findings of Fact and Conclusions of Law and - Page 2 of 8
Order of Vacation / Robert L. Higgins / V AC-99-006
and slope purposes, public notice of intent to vacate is not
required. Vacation of these easements shall occur upon the
recording of the new or amended plat, provided that all affected
easement holders have been notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the
same in writing. {I.C. ~ 50-1306A (1), (2)) (3) and (5)}
4. Pursuant to Meridian City Code ~~ 12-10-1 A and Band 12-10-2 A
and B it provides as follows:
12-10-1
APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing
subdivision, public right of way or easement shall complete and file
an application with the Administrator. These provisions shall not
apply to the widening of any street which is shown on this
Comprehensive Development Plan) or the dedication of streets,
rights of way or easements to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application,
the Administrator shall affix the date of application acceptance
hereon. The Administrator shall place the application on the
agenda for consideration at the next regular meeting of the
Commission which is held not less than fifteen (15) days after said
date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the
request and all agency responses and make a recommendation to
the Council for either approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation
procedures, the Council shall establish a date for a public hearing
and give such public notice as required by law. The Council may
approve, deny or modify the application. Whenever public rights-
of-way or lands are vacated, the Council shall provide adjacent
property owners with a quit-claim deed for the vacated rights of
way in such proportions as are prescribed by law.
Findings of Fact and Conclusions of Law and - Page 3 of 8
Order of Vacation / Robert L. Higgins / V AC-99-006
2. Street Improvements; Bond: When considering an application
for dedication procedures, the Council may approve, deny or
modify the application. When a dedication is approved, the
required street improvements shall be constructed or a bond
furnished assuring the construction, prior to acceptance of the
dedication. To complete the acceptance of any dedication of land,
the owner shall furnish to the Council a deed describing and
conveying such lands to be recorded with the County Recorder.
FINDINGS OF FACT
1. The easement, which is the subject of the above named application
is that certain easement referenced in the Mirage Meadows
Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395,
recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17,
and Chateau Meadows East No.1 Subdivision Plat, Chateau
Meadows East No.1, Book 57, Pages 5357 - 5358, recorded as
Instrument No. 9011111, at Block 1, Lots 19 and 20, upon said
Plats designated as 20 foot emergency access easement fenced
both sides within 20 feet of A.C. pavement, and which is generally
located between N. Applewood Place and E. Meadow Wood St. in
Meridian, Idaho.
2. Robert L. Higgins of 2064 North Applewood Place, Harold and
Earlene Butler of 2067 North Applewood Place, Paul and Ruth
Pasewalk of 1875 E. Meadow Wood St., and Timothy and Deanna
Ball of 1905 E. Meadow Wood St, all owners of their property, [see
attached Exhibit "A" for Ada County Recording information], filed a
petition for the vacation of a 20 foot emergency access easement
between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and
Chateau Meadows East No.1 Subdivision, Lots 19 and 20,
Meridian, Idaho.
3. The legal description of the emergency access easement which is
the subject of this petition is set forth in Finding of Fact No.1.
4. The names of the persons affected by the petition to vacate include:
4.1 The applicants/ owners of the property are Robert L. Higgins,
Harold and Earlene Butler, Paul and Ruth Pasewalk, and
Findings of Fact and Conclusions of Law and - Page 4 of 8
Order of Vacation I Robert L. Higgins I V AC-99-006
Timothy and Deanna Ball, attached as Exhibit "B" is said
Vacation Application with said signatures.
4.2 City of Meridian Fire Department.
1. The Council has received the Recommendation To Council of the
Planning and Zoning Commission on this matter.
2. The particular circumstances of the requested vacation are as
follows:
The requested vacation is due to the fact that the intent of the
subject easement was to provide for emergency access only which
was not designated as to whom, and there has been a showing that
the easement is not needed for fire or life saving emergency
services, and the subject area has presented security problems,
and has provided access to neighboring properties that has
resulted in vandalism, and the same presents safety issues with
pedestrian use which is not the designated or permitted use of the
easement.
3. Written notice of the public hearing on this petition was given by
certified mail with return receipt at least ten (10) days prior to the
date of the public hearing to all property owners within three
hundred (300) feet of the boundaries of the area described in the
petition. Such notice of the public hearing was also published
once a week for two (2) successive weeks in the official newspaper
of the city, the last of which was not less than seven (7) days prior
to the date of said hearing.
4. That no objection to the vacation has been received although by
the nature of the facts in this matter, it is considered
precautionary that the Council inform the applicant that they
should seek determination from the Ada County Highway District
as to whether or not they require any action of vacation on this
matter, which the Council herein makes no finding regarding the
same, other than the record reflects that the Ada County Highway
District is informed of these proceedings and has not made any
such claim.
5. The affected easement holder, City of Meridian Fire Department,
Findings of Fact and Conclusions of Law and - Page 5 of 8
Order of Vacation / Robert L. Higgins / V AC-99-006
has agreed to the requested vacation in writing which is attached
as Exhibit "B" and which letter is from the Meridian Fire Chief,
Kenny Bowers, dated December 14, 1999, pertaining to the
Meridian Fire Department's requirements and approval.
6. All publication costs have been paid by the petitioners.
DECISION AND ORDER OF V ACA TION OF UTILITY EASEMENT
Now, therefore, based upon the above and foregoing statement of
legal authority and jurisdiction and statement of facts relative to legal
authority and jurisdiction, the City Council does hereby ORDER and this
does ORDER that:
1. The certain 20 foot emergency access easement is hereby vacated
and is more particularly described as follows:
Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57,
Pages 5394-5395, recorded as Instrument No. 9025209, at Block
1, Lots 16 and 17, and Chateau Meadows East No.1 Subdivision
Plat, Chateau Meadows East No.1, Book 57, Pages 5357 - 5358,
recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20,
Ada County, Meridian, Idaho.
2. It is noted that the provisions of 1. c. 8 50-1325 provide that
easements shall be vacated in the same manner as streets, and the
Applicant is advised to contact the Ada County Highway District to
determine if they claim any jurisdiction over this access easement.
3. The City Clerk shall cause a copy of this order to be served upon
the any affected utility holders, and the petitioner, Public Works,
Planning and Zoning Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy of this order to be
recorded with the Ada County Recorders office.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the
Findings of Fact and Conclusions of Law and - Page 6 of 8
Order of Vacation / Robert 1. Higgins / V AC-99-006
City of Meridian, pursuant to Idaho Code 8, 67-6521 an affected person being a
person who has an interest in real property which may be adversely affected by
the issuance or denial of the vacation may within twenty-eight (28) days after
the date of this decision and order seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of t:ehuCt/l.--?- ' 2000.
ROLL CALL
/ Sf?
COUNCILMAN ANDERSON
VOTED~
VOTED~
VOTED 1!Oj:twf-
VOTED tjttL-
VOTED
COUNCILMAN BIRD
COUNCILPERSON deWEERD
COUNCILPERSON McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
2,- /- tJCJ
DATED:
Copy served upon Applicant, the Planning a
Works Department and City Attorney.
DATED:
:2 -I-PO
B~~!!;?()
ity Clerk /
Findings of Fact and Conclusions of Law and - Page 7 of 8
Order of Vacation / Robeli L. Higgins / V AC-99-006
STATE OF IDAHO,
: ss.
County of Ada.
On this (Sf' day of fi?bur.~ ,2000, before me, the
undersigned, a Notary Public in and for sai State, personally appeared
ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the
Mayor and City Clerk of the City of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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Findings of Fact and Conclusions of Law and - Page 8 of 8
Order of Vacation I Robert L. Higgins I V AC-99-006
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33 E. Idaho Street, Meridian, ID 83642
10ne: (208) 884-5533 Fax: (208) 8877 '3
V ACATION APPLICATION
(RE: Meridian Zoning Ordinance)
FILE
YAc..-9Q-ooo
APPLICANT (s): RobertL. Higgins. Harold & Earlene Butler. Paul and Ruth Pasewalk.
Timothy and Deanna Ball PHONE: 208-887-7769
OWNER:
Higgins residence
Butler residence
Pasewalk residence
Ball residence
R.. c;c~"-'.'Tf~. H""--" ..
olie!t'c5 199ms'
2064 North Applewood Place. Meridian. Idaho 83642
,2067 North Applewood Place. Meridian. Idaho 83642
1875EMe~dowWood St.:. Meridian.ldaho 83642
f;1905E.MeadowWoodSL Meridian. Idaho 83642
ADDRESS:
ADDRESS: Higgins
Butler
Pasewalk
Ball
2064NorthA.ppleVv'O()dPla~~.M~ddian Idah083642. PHONE: 208-887-7769
206TNorthApplewoo'dPhice.'Merldizul: "Iaaho'83'642 -
;c '18'l".5$EJ:Meado\VtWoodtStJ~Mendiail:"'IdahQ:083 642.,.. ......-
I90S-E:"Mead6WWood;St55'Meridian;"Idaho'83642 ?.fi ~ <g-'?l1- V~.2 7-
GENERAL LOCATION: emergency access froni NorthApplewood Place to East Meadow.Wood Street, Meridian
Idaho.' .., ;:"
LEGAL DESCRIPTI()N OF PROPERTY:20'foot emergenc;y accesslocatedBlockl on Lots 16 and. I? of Mirage
Meadowssubdlvi~lonarid Cllateau'MeadowsEast'Nd':'fBlbck'onLb!s"I9arid20."';"" h""
PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached.
PRESENT ZONE CLASSIFICATION: Residential C~+~,;~\f~:~~':'2';~~~)
VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and
proposed zoning and such other items as the City may require (30 copies).
SURROUNDINGPROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly
across the street :tram, and within a 300' radius of the proposed vacation must be attached. This list can be obtained
from the City of Meridian Planning & Zoning Department. Please request list. seven days prior to submitting
application.
- Fee in the amount of$22S.00 + $ 1. 73/notice.
DESCRIPTION OF PROPOSED V ACATlON: 20 foot emergency access located Block 1 on Lots 16 and 17 of
Mirage adows s bdivision a d Chateau Meadows East No.1 Block on Lots 19 and 20.
Signatu
Signature:
obert L. Higgms
-;g../p~~~AfCC2~<..~
Paul p~sewalk Jill Pasewalk ,~
n l)e(]mm
R. Ball Deanna R. Ball
Signature:
Signature:
a- ,rg-- tV''.\! 5 Earlene Butler
Ed/b~I':81'1
CilY Council MCI11bcrs
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY
A Good Pluce to Li ve
LITY OF MERIDIAJ- ~
LEGAL DEPARTMENT
(:mp 288-24<)l) . Fax 288-:501
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208\ 888-4433 . Fax (208) 887-4813
City Clerk Fux (208\ 888-42 [8
PUBLIC WORKS
BUILDING DEPARTMENT
(:lOR} 887-2211 . Fax 887-1297
PLANNING AND ZONING
DEPARH>fENT
(20Sl 884-5533 . Faz 887-1297
December 14, 1999
RECEIVED
DEe 1 4 1999
CITY OF MERIDIAN
Meridian Planning and Zoning Commission
33 East Idaho
Meridian,ID 83642
Re: Emergency Access of Mirage Meadows Subdivision
Where Oakcrest and Dixie Lane connect, there can be a gate put in place where
the barricades are now. Our trucks will be able to make the turn from Dixie Lane.
They will need to fill the potholes between Oakcrest and Dixie Lane to make the
turn smooth. The gate can be locked with a chain and paddle lock. We will just
cut the chain. Someone will need to be in charge of the gate for the
maintenance.
Sincerely, ~
~~;s ~
Meridian Fire Department
;212 ~
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;t;/ #7
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