CC - Staff Report for 4-9 STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING April 9,2024 Legend
DATE:
Project Location
R-4
TO: Mayor&City Council
FROM: Linda Ritter,Associate Planner
208-884-5533
SUBJECT: H-2024-0004 w
The Oaks North No. 1 (Lots 11 and 12, a
Block 7) -VAC
R-8
LOCATION: 5662 and 5682 W. Daphne Drive, in the L A i T
WestyT
SW 1/4 of the W %2 Section 28 TAN. W- AN-AN RD suul f:O
R.1 W.
� - F
I. PROJECT DESCRIPTION
Request to vacate the five-foot(5')public utilities,pressurized irrigation and drainage easement
located along the interior side lot line of Lots 11 and 12,Block 7, of the Oaks North No. 1
Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Kyle Prewett,Toll Brothers—3103 Sheryl Drive, Suite 100, Meridian, ID 83642
B. Owner:
Ryan Hammons—Toll Brothers Southwest LLC, 3103 W. Sheryl Drive, Ste 100,Meridian,ID
83642
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.
Page 1
IV. NOTICING
City Council Posting Date
Newspaper Notification 3/24/2024
Radius notification mailed to 3/22/2024
properties within 300 feet
Next Door posting 3/24/2024
V. STAFF ANALYSIS
The Applicant requests approval to vacate the five-foot(5')public utilities,pressurized irrigation and
drainage easement located along the interior side lot line of Lots 11 and 12,Block 7, of the Oaks
North No. 1 Subdivision. The beforementioned easements have been re-established as a result of the
approved Property Boundary Adjustment(PBA-2023-0015) and subsequent recording of a quitclaim
deed,which formally established a new property boundary. The vacation of these easements will
allow for the construction of a single-family residential home.
A legal description and exhibit map of the portion of the easement proposed to be vacated and
relocated is included in Section VI below.
The Applicant submitted relinquishment letters from all impacted utility companies consenting to the
partial vacation of easement as proposed. Letters were received from Settlers Irrigation District,
Century Link/Lumen,Idaho Power,Intermountain Gas Company,Millennium Networks, LLC and
Cable One Inc.
VI. DECISION
A. Staff:
Staff recommends approval of the vacation of the public utility easement as proposed by the
Applicant and as agreed upon by the easement holder.
Page 2
VII. EXHIBIT
Legal Description&Exhibit Map of the Public Utility Easement Proposed to be Vacated and
Relocated
ESE CONSULTANTS
ENGINEERING - PLANNING • SURVEYING ENVIRONNENTAL
NEW LOT 11 PUBLIC UTILITY, PRESSURE IRRIGATION,
AND LOT DRAINAGE EASEMENT VACATION
THAT PORTION OF NEW LOT 11,9LOCK 7,RECORD OF SURVEY NO,14169,RECORDED UNDER RECORDING NUMBER 2023-OW382,
SITUATED IN THE SDUTH EAST 1/4 OF THE SOUTHWEST 114 OF SECTION 28,TOWNSHIP 4 NORTH,RANGE 1 WEST,B.M,CITY OF
MERIDIAN,ADA COUNTY,JDAHO,MORE PARTICULARLY DESCRIBED A5 FOLLOWS;
COMMENCING AT A 1/2"IRON PIN MARKING THE NORTHEAST CORNER OF SAID NEW LOT 11,FROM WHICH A 1/2"IRON PIN
MARKING THE SOUTHEAST CORNER OF SAID NEW LOT 11,BEARS S00'4316211W,A N5TANCE OF 123.55 FEET;
THENCE SW43'02"W,ALONG THE EA57 LINE OF SAID NEW LOT 11.A DISTANCE OF 10.00 FEET TO A POINT;
THENCE LEAVING SAID EAST LINE N89'2 2'55"W,A DISTANCE OF 5A0 FEET TO THE POINT OF BEGINNING;
THE NICE CONTINUING N8922'55"W,A DISTANCE OF 5-00FEET,
THENCE SOO"43'02"W,A DISTANCE OF 99.53 FEET;
THENCE S89"16'58"E,A DISTANCE OF 5.00 FEET;
THENCE NOD'43'02"E,A DISTANCE OF 98.54 FEET TOTHE POINT OF BEGINNING.
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CONTAINS:493+/-50,FT-(0.11+f-ACRES) DEL�P�i
ESE Consultants,Inc.
3103 W.Sheryl Drive • Suite100 Meridian,ID 83642
(209)424-0020
Page 3
ESE CONSULTANTS
ENGINEE.PM6 - PLANNING - SURVEYIN-8 ENVIRONMENTAL
NEW LOT 12 PUBLIC UTILITY, PRESSURE IRRIGATION,
AND LOT DRAINAGE EASEMENT VACATION
THOSE PORTIONS OF NEW LOT 12,BLOCK 7,RECORDOFSURVEY NO.24269,RECORDED UNDERRECORDING NUMBER 2023-06M82,
SITI,IATEV IN THE SOUTHEAST 114OF THE 5OLITHWEST 114 OF SECTION 2a,70WN5-HIR 4 NORTH,RANGE 1 WEST,&M,CITY OF
MERIDIAN,ADA COUNTY.IDAHO,MORE PARTICULARLY DESCRIBED AS FOLLOWS-
EASEMENT NO.1
COMMENCING AT A 1/2"IRON PIN MARKING THE NORTHEAST CORNER OF SAID NEW LOT 12,FROM WHICH A 1/2"JRON PIN
MARKING THE SOUTHEAST CORNER OF SAID WW LOT 12,BEARS SW43'02"W,A DISTANCE OF 123.46 FEET;
THENCE SO0'43'02"W,ALONG THE EAST LINE OF SAJD NEW LOT 11,A DISTANCE OF 10.00 FEETTO A POINT,
THENCE LEAVING SAID EAST LINE N89'22'55"W,A❑ISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N39'2255"W,A DISTANCE OF 5.00 FEET;
THENCE 500'43'02"W,A DISTANCE OF 9J3.S3 FEET;
THENCE S99'16'58"E,A DISTANCE OF 5.00 FEET;
THENCE NOO'43'02"E,A DISTANCE OF 98.54 FEETTO THE POINT OF BEGINNING.
TOGETHER WITH;
EASEMENT NO.2
COMMENCING AT A 1/2"IRON PIN MARKING THE NORTHEAST CORNER OF SMID NEW LOT 17,FROM WHICH A 112"IRON PIN
MARKING THE SOUTHEAST CORNER OF SAID NEW LOT 11,BEARS SW4T02"W,A DISTANCE OF 123.46 FEET;
THENCE SW*43'02"W,ALONG THE EAST LINE OF SAID NEVV LO'r 12,A DISTANCE OF 10.00 FEET TO A POINT;
THENCE LEAVING SAID EAST LINE N89'22'55"W,A DISTANCE OF 55-DO FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N89'22'55-W,A DISTANCE OF 5-00 FEET;
THENCE 500'43'02"W,A DISTANCE OF 98.36 FEET;
ESE Consultants,Inc.
3103 W.Sheryl Drive Suite 100 - Meridian,ID$3642
(209)424-0020
Page 4
ESE CONSULTANTS
ENGMEEI AO PL2,NNilY4-SUIIMEYIN¢-iMYIAONMENTAL
THENCE S99•L6'59"E,A DISTANCE OF 5.00 FEET;
THENCE NOO'43'02"E,A DISTANCE OF 98.37 FEET TO iH E POINT OF 18613INNING.
EASE MEW NO. 1 AREA CONTAINS;492+f-SQ.FT.(0_11+/-ACRES)
EASE M E NIT No-2 AREA CONTAINS:492+f-M FT.[D.l T+I-ACRES)
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