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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. pL L 4!) L� b a 904 j4 - V 41 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) O L S P 904 OF� �JDFL 2 Page 5 � �. Mmm"M i IR, ox 417,pw lnEi 7Yi5'w 'W"r,6w S7P 3W I muffle MM OF M=—1Y S.W.$41i wFr 5 wwe unnr, � �na1�oL I LLI I 1 Oh�wX � I1u lM DlWlli¢E�1RlE]rt If r I MOYSdQE mAt J1 Ach3-61= I ' 2 ILL [ = --] E 0904 � sam 410 Of W. WHINE DR. ,a ewcwKn rwaaaT ESE CONSULTANTS PUBLIC U7 PRESSURE EMEN710A1, AFIO RW�w• walla•=pVt'VDM F"ROWrWrAL LOT dT DRAINAGE EASEMENT ama w.aiw,i ary.aw,o�o. .ioaw.,a LOT 11, BLOCK 7 THE OAKS NORTH 1.ao&u+-0v2u kCUM 6 0 1 1 uo,nr on7wu� wmr�.'zs'w csoo _ NAws]'ffiw Riop ,QqO _as naw,�[ wnw� s9a wow T aA w MBr[e,ZTN' I WL7[117. �,• � � � rcw,OT 1s � � A9fE� o 13 2 rcCOwo w W��1nq �pgy..nss7p � I padae or sUAE'r u,a � I I sma-noew —— qa004 ne R nc `4 sirw non OF W.a OILins �r ESE CONSULTANTS PUBLIC UnL71Y, PRESSURE iIUN, AND LOT DRAINAGE EASEMENT LOT 12, BLOCK 7 THE OAKS NORTH T.Aw-44i-0LQO YEfd�U1L� M y = Page 6