Strasser Farms VAC• •
MERIDIAN CITY COUNCIL AGRIL 7 1992
The Regular meeting of the Meridian City Council was called to
order by Mayor Grant P. Kingsford at 7:30 G.M..
Members Present: Ron Tolsma, Bob Giesler, Max Yerr3ngton, Bab
Lorr3e.
Others Present: Don Bryan, Bruce Stuart, Frank Thomason, Jim
Johnson, Moe A13dJan3, David Turnbull, Wayne S. Forrey, Gary
Smith, Wayne Crookston, 8311 Gordon, Ann Peterson, Dave Collins.
MINUTES OF THE PREVIOUS MEETING HELD MARCH 17, 1992:
The Motion was made by Tolsma and seconded by Yerr3ngton to
~ ~ approve the minutes of the previous meeting held March 17, 1992
as written:
Motion Carried: R11 Yea:
ITEM #1: HAROLD HALL, PRESIDENT OF SENIOR CITIZENS:
Harold Hall: Read Statement on Rrea Three Agency on aging of
which we are a part, is 1n the process of developing their next
two year plan of aging for Southwestern Idaho. (See tape for
further statement) Personally invited the Mayor and Council to a
speak out meeting at the Senior Center, 133 W. Broadway, Friday
Rpr31 10th at 1:00 P. M.. We would like to have your input and
answer any questions you may have.
ITEM #2: FINDINGS OF FACT ON VACATION OF EASEMENT REQUEST BY
STRASSER FARMS:
The Motion was made by Tolsma and seconded by Giesler to approve
the Findings of Fact on Vacation of Easement by Strasser Farms.
Roll Call Vote: Yerr3ngton - Yea; Corrie - Yea; Giesler - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
ITEM #3: ORDINANCE #576: ORDINANCE VACATING EASEMENT:
Kingsford: AN ORDINANCE VACATING A PORTION OF STRASSER FARMS
SUBDIVISION, OF RECORD IN ADR COUNTY, IDAHO, SPECIFICALLY A 5
FOOT WIDE UTILITY EASEMENT LOCATED ON THE INSIDE OF THE NORTH LOT
LINE OF LOT 1, AND THE VACATION OF THE 25' X 50' IRRIGATION
EASEMENT LOCATED AT THE NORTHEAST CORNER OF LOT 2 AND THE
SOUTHEAST CORNER OF LOT 1, STRASSER FARMS SUBDIVISION, MERIDIAN,
ADA COUNTY, IDAHO; RND PROVIDING AN EFFECTIVE DATE. Is there
anyone who washes Ordinance #576 read 3n its entirety? No
Response.
•
NIERIDIAN CITY COUNCIL
APRIL 7, 1992
PAGE 2
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The Motion was made by Giesler and seconded by Corrie that the
rules and provisions of 50-902 and all rules and provisions
requiring that Ordinances be read on three different days be
dispensed with and that Ordinance #576 be passed and approved.
Poll Cali Vote: Yerrington - Yea; Corrie - Yea; Giesler - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
ITEM #4: FINAL PLAT CHATEAU MEADOWS EAST SUB. #7:
Kingsford: Is there anyone present to represent Chateau Meadows
East #7?
Tolsma: Have you seen all of Gary Smith's comments on this?
Dave Collins: Yes.
Tolsma: A11 of them taken care of.
Collins: Yes sir.
The Motion was made by Tolsma and seconded by Yerrington to approve
of the Final Plat for Chateau Meadows East #7.
bfotion Carried: All Yea:
ITEM #5: COVENANTS CHATEAU MEADOWS EAST SUB. #7:
Kingsford: Counselor have you review those?
Crookston: Yes I have and i have delivered those changes to Mr.
Niemann.
The Motion was made by Corrie and seconded by Giesler that the
Covenants for Chateau Meadows East Sub. #7 be approved subject to
the Engineer and the Attorney's approval.
Motion Carried: All Yea:
ITEM #6: FINAL PLAT ON THE LANDING SUBDIVISION #3:
Dave Turnbull: we are here to request approval of a somewhat
revised version of the Landing #3 Subdivision and i will answer any
questions you may have.
\~~~
~~
1
ORDINANCE N0. d 7~
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AN ORDINANCE VACATING A PORTION OF STRASSER FARMS SUBDIVISION, OF
RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 5 FOOT WIDE UTILITY
EASEMENT LOCATED ON THE INSIDE OF THE NORTH LOT LINE OF LOT 1, AND
THE VACATION OF THE 25' X 50' IRRIGATION EASEMENT LOCATED AT THE
NORTHEAST CORNER OF LOT 2 AND THE SOUTHEAST CORNER OF LOT 1,
STRASSER FARMS SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to vacate a portion of Strasser Farms Subdivision,
specifically the five foot wide utility easement located on the
inside of the north lot line of lot 1, and the vacation of the
25'x 50' irrigation easement located at the northeast corner of
lot 2 and the southeast corner of lot 1.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1:: That pursuant to Section 50-1306A,
specifically, and Title 50, Chapter 13, Idaho Code, generally,
the City of Meridian, having held the requiredTearing and it
appearing that proper notice of said hearing was given, hereby
vacates the 5 foot wide utility easement located on the inside of
the north lot line of lot 1, and vacates the 25'x 50' irrigation
easement located at the northeast corner of lot 2 and the
southeast corner of lot 1, Strasser Farms Subdivision, Meridian,
Ada County, Idaho.
Section 2: WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist, this Ordinance shall take
effect and be in full force from and after its passage, approval
and publication as required by law.
PASSED by the City Council and approveQ by the Mayor of the
City of Meridian, Ada County, Idaho, this Z~'~i day of April, 1992.
~MBROSE,
FITZOEMLD
6OROOKSTON
AttorM,+rM
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ATTEST:
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northeast corner of Lot 2 and southeast corner of Lot 1 of Strasser
Farms Subdivision, and is owned by Applicant; that the plat of the
subdivision shows a 5 foot wide utility easement located on the
inside of the North lot line of Lot 1, and a 25 foot x 50 foot
irrigation easement located at the Northeast corner of Lot 2 and
the Southeast corner of Lot I.
3. That the utility companies and the irrigation companies
submitted no comments which objected to the vacation of the
easements.
4. That the property surrounding the Applicant's is used
residentially and agriculturally.
5. That there was no public testimony objecting to the
vacation of the easements.
6. That proper notice has been given as required by taw 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.
2. That the City of Meridian has authority to vacate
easements pursuant to Idaho Code, 50-1306A.
3. That the easements are not necessary for irrigation or
public utilities.
AMBROSE,
FIEOERALD
I CROOK6TON
At1uM,~ MO
Counwbn
P.O.BO:127
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BEFORE THE CITY COUNCIL Of THE CITY OF MERIDIAN
ROBERT D. STRASSER and MARGARET M. STRASSER
APPLICATION TO VACATE EASEMENT
STRASSER FARMS SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
March 17, 1992, at approximately 7:30 o'clock p.m. on said date,
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
the Petitioner appearing in person, and 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 notice of the public hearing on the vacation of the
AMBROBE,
FITZOERALD
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utility easement was published for two (2) consecutive weeks prior
to the said public hearing scheduled for March 17, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 17, 1992, 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 one mile of the City
of Meridian and is described as the north lot line of Lot 1 and the
/ II •
•
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN CORRIE VOTED
COUNCILMAN YERRINGTON VOTED __
COUNCILMAN GIESLER
COUNCILMAN TOLSMA
VOTED
VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED:
AMBROSE,
F1T20ERALD
B CROOKSTON
AtlorMye Intl
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DISAPPROVED:
•
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
ROBERT D. STRASSER and MARGARET M. STRASSER
APPLICATION TO VACATE EASEMENT
STRASSER FARMS SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
March 17, 1992, at approximately 7:30 o'clock p.m. on said date,
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
the Petitioner appearing in person, and 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 notice of the public hearing on the vacation of the
AMBROSE,
FITIDERALD
I GROON3TON
Allomq,~no
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P.O. Boa tl7
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utility easement was published for two (2) consecutive weeks prior
to the said public hearing scheduled for March 17, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 17, 1992, 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 dnd teleV1S100 StdtlON$,
2. That this property is located within one mile of the City
of Meridian and is described as the north lot line of Lot 1 and the
ii •
•
northeast corner of lot 2 and southeast corner of lot 1 of Strasser
Farms Subdivision, and is owned by Applicant; that the plat of the
subdivision shows a 5 foot wide utility easement located on the
inside of the North lot line of Lot i, and a 25 foot x 50 foot
irrigation easement located at the Northeast corner of Lot 2 and
the Southeast corner of Lot 1.
3. That the utility companies and the irrigation companies
submitted no comments which objected to the vacation of the
easements.
4. That the property surrounding the Applicant's is used
residentially and agriculturally.
5. That there was no public testimony objecting to the
vacation of the easements.
6. 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.
2. That the City of Meridian has authority to vacate
easements pursuant to Idaho Code, 50-1306A.
3. That the easements are not necessary for irrigation or
public utilities.
I AMSROSE,
FIROERALO
i CROOKSTON
AttorMy~Yq
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P.O. Bot t27
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN CORRIE VOTED
COUNCILMAN YERRINGTON VOTED
COUNCILMAN GIESLER
COUNCILMAN TOLSMA
VOTED
VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED:
AMBROSE,
FIROERAID
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DISAPPROVED:
MERIDIAN CITY COUNCIL
MARCH 17, 1992
PRGE 3
ITEM #3: ORDINANCE #575: ORDINANCE REZONING PROPERTY AT NORTH
END OF EAST 5TH STREET: HUNTERS GLENN:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN RMENDING AND
CHRNGING THE ZONING OF CERTRIN RERL PROPERTY IN THE CITY OF
MERIDIRN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST
1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RRNGE 1
WEST, BOISE MERIDIRN, ADA COUNTY, IDAHO; AND PROVIDING RN
EFFECTIVE DATE. Is there anyone present who wishes Ordinance
#575 read in its entirety? No response.
The Motion was made by Tolsma and seconded by Yerrington that the
rules and provisions of 50-902 and all rules and provisions
requiring that Ordinances be read on three different days be
dispensed with and that Ordinance #575 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: R11 Yea:
The Motion was made by Giesler and seconded by Corrie to approve
of the Conditional Use Permit.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT:
STRASSER FARMS:
Kingsford: At this time I will open the Public Hearing.
Robert Strasser, 3165 N. Meridian Rd., was sworn by the attorney.
Strasser: Basically there was just two easements that we were
trying to vacate. One being the north border line of lot 1 on
this subdivision, Strasser Farms, it was just a five foot
easement and we got approval from all of the pertinent people who
had any say in that. The other one was the irrigation easement.
It was placed in the wrong position an the plat. The easement
itself is exactly as the letter says. Basically what I've got
now is two easements for the irrigation district. One being in
it's natural position and the other one being located on the map
in the wrong position, so we are just asking to vacate it off of
there and the original easement will stay as is.
MERIDIAN CITY COUNCIL
MARCH 17, 1992
PAGE 4
Eng. Smith: 1 hadn't seen the recorded plat so I didn't realize
that there was two easements shown.
Strasser: There's only one shown and it's in the wrong location.
Eng. Smith: So your saying this easement as it exists does not
need to show on the plat.
Strasser: No it doesn't show on other plats, it didn't show on
the original plat.
Eng. Smith: There wasn't an original plat there, that was my
concern does this easement need to become record and tied to
Strasser Farm's plat?
Strasser: Not according to John Addison at the Irrigation
District and as far as the county was concerned they didn't care
one way or the other. If you request it then we have to go back
and reissue the plat and it has to go through the signatures all
the way around again.
Eng. Smith: Well if the people that have the facility are happy
with the way it's handled at this point I certainly don't have a
problem.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the Public Hearing.
The Motion was made by Tolsma and seconded by Giesler to have the
attorney prepare an Ordinance for the vacation of easement for
Strasser Farms.
Motion Carried: All Yea:
ITEM #5: FINAL PLAT: MERIDIAN MANOR #7:
Kingsford: Is there a representative from Meridian Manor #7
here? One thing I might mention is that we need to get with you
and tie down some costs on sewer line verses lift stations.
Corrie: I have a question reference the Fire Department about
that Chrisfield Drive, sometime needs to be connected to Meridian
Road will that be done?
Bill Briggs: I am here representing Bedelco, Hews & Smith.
Chrisfield Drive will be dedicated in #B, which will be the
subdivision following this one.
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C O M M E N T S
REQUEST FOR EASEMENT
VACATION:
STRASSER FARMS:
1: LETTERS HAVE BEEN FRECEIVED FROM ALL UTILITIES STATING THEY HAVE NO
OBJECTIONS TO THIS VACATION:
2: CITY ENGINEER: SEE ATTACHED:
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NOTICE OF HEARING I
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the City
Council of the City of Meridian will hold a public hearing at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 o'clock p.m., on March 17, 1992, for the purpose of
reviewing and considering the Application of ROBERT D. STRASSER and
MARGARET M. STRASSER, for the vacation of the easement described
as follows: "A 5 foot wide utility easement located on the inside
of the North lot line of lot 1, and the vacation of the 25' x 50'
irrigation easements located at the Northeast corner of lot 2 and
the Southeast corner of Lot 1 of Strasser Farms Subdivision." A
more particular legal description for the parcel and easement is
on file in the office of the City Clerk of the City of Meridian and
are available upon request.
Public comment will be taken and is welcome.
DATED this~day of February, 1992.
AM BROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 1P7
Maridlsn, ldefto
83812
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6NA8S R2VSR • .
IDAHO POWER COMPANY
BOX 70 • lOISE, IDANO !3707
January 30, 1992
Mr. Robert D. Strasser
3165 N. Meridian Road
Meridian, Idaho 83642
RE: Release of Easement in Strasser Farms Subdivision
Dear Mr. Strasser:
Enclosed is a copy of Idaho Power Company's release of
easement. This release affects only the North five feet of Lot 1,
Block 1, of Strasser Farms Subdivision. Idaho Power Company will
record this release with the next set of documents to be sent to
the Recorder's office.
If you have any questions, please give me a call at 383-2695.
Very truly yours,
~,
Donald Bair
Permit Coordinator
Right-of-Way Department
DB/dp
Enclosure
cc: Meridian City xall
ATTN: Jack Nieman
33 E. Idaho Avenue.
Meridian, Zdaho 83642
STRASSER.REL
FEBRUARY 6, 1992
PLANNING & ZONING MEMBERS
CITY ATTORNEY
ATTACHED IS A REQUEST FOR VACATION OF A RECORDED EASEMENT
THAT WAS RECEIVED ON JANUARY 14, 1992: UNDER 9-611-A2
THE COMMISSION IS REQUIRED TO REVIEW THIS REQUEST AND MAKE
A RECOMMENDATION TO THE CITY COUNCIL:
SEE ATTACHED:
Jack Niemann
Zoning Adminstrator
APPL ICI • N FOR TOTAL OR PARTIAL ~ •ATION r
OF AN EXIST..~G SUHDiVISION OR OTHER RIGHT-OF-WAY ,
TO: ADA COUNTY DEVELOPMENT SERVICES
ZONING DIVISION
FILE NO.
FROM: STRASSER FRRMS =N c, .' ..
AM ~
STAFF'
Ra beri- ~~ S~-~JSJSer +~res. ~ar~aret m S+rasser, ~.
311dS nl. I'~eniA~an I~F'•I ~encll4n Ilct. S3(o4aL pATE• -
- ADDRE35 - _ - ASSIGNED
PHONE : (3 b ~) d" `r~ 53' ~{ / f g6 FEE, Z
DATE: ~.~-n'UL Q. rI~( '~ ~ ~ ~~~- ~ DISPOSITI ON~
i THE FOLLOWING INFOfdAAT10NIS NECESSARY Y'O ADEQUATELY REVIEW YOUR REQUEST,
ERRONEOUS OR INCOMPLETE INFORMATION WILL DELAY THE REVIEW PROCESS.
suHDIVIS1aN NAr.>Ei ~S'TRA5SER F(iRmS. ~~a-
REQUEST: V ac~:tto n o'~ 5- Tool _~ ode ~l-i li'1t/ e~tSelnen~- Io cc~~ect o n '}'~~e.
~nsi~,r of the north dot ~tn~ o~ l-o~t_ 1,0.1sb-the Vaca+wn o-~ ~h~-
a.5' X 50' Irrlc~c~'~ion ea5elnen+5, ~oca.-1~ed a~ +h e. northeas+ corner o~ (.ot Z
anal 5ou'1~ ~dst' Cornfr o T `.o~ ~ of ~TraSSer Farms ~ b- p\VtSioin
REASON FoR REQUEST: U~'~.~+ty P.aSelnanfi i5 regves'~eot \jaca~ec~ beccwsC g~ prat/ ions
pure4~ese 0.c~ree,,•le„-F between Jack Sweeta,~d ~-4~~ ~~rassersl~roc~annln~-~a~'
,~-would, be w- 5 ne_t acre. -\ot. •e~cc~uolln~ rt4h~ of way and e45emen~s.
Yrr,~~,_+1on Ec.Semert ~s re~uesl~erl ~pac~+ec~ ~ecuuse !}' has ~een atra-C-}a?~ Up
cu rre et 1 an ~ ~ ~t na l `' ~ a tt' The ea5emerit w; l1 s+l I ~ i sf .o n 1~te {~ u'~e.
1n its rxctun,l ~o5c i'1on 'en Loi" 2,
.OPL EA: ~ SE~: REVERSE SIDE FOR REQUIREMENTS.
(Ze.P•re sex~eA b~i'~ p2a ~, Street,- 4+ner cf .~ecor -
I~obzrt- p• S~~sSer~F~Y'estdeh'1'- I~anlcl F. Swee-i- RD
StfasSC.r Fart^S, int.
NaTE: Fok VacAy-;un> of STATtD EASEMENTS or.~~l!
NOTE: THIS FOF3d~ DOES NOT PERTAIN TO VAC/STING ANY Q11E41CRL4IT ;OF-WAY.
~~1
. • •
MERIDIAN PLANNING & ZONING
PAGE 2
The Motion was made by Shearer and seconded by Rountree that the
Meridian Planning & Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions as amended.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree that the
Meridian Planning & Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the Rezone
and Conditional Use Permit requested by the Applicant for the
property described in the application with the conditions set
forth in the Findings of Fact and Conclusions of Law and that the
property be required to meet the water and sewer requirements,
the fire and life safety codes, and the Uniform Building Code,
and other Ordinances of the City of Meridian and the requirements
of the City Engineer, Ada County Highway District and the
Meridian Fire Department.
Motion Carried: All Yea:
ITEM #2: REQUEST FOR VACATION OF EASEMENT BY STRASSER FARMS:
Johnson: Added to your packet tonight was the release from
United Artist Cable.
Rlidjani: Questions on irrigation.
Discussion on irrigation. (See tape)
The Motion was made by Rountree
on a favorable recommendation
request by Strasser Farms.
and seconded by Alidjani to pass
to the City Council for this
Motion Carried: R11 Yea:
Clerk Niemann: We need to do
housing.
something on this manufactured
Johnson: What Jack wants to address is that manufactured housing
is becoming an issue. Jack and I have had some preliminary
discussions on it and one of the things that I suggested is that
we look and see what other counties are addressing this as well.
What we have are requests to put manufactured housing on
foundations in compliance with the Drdinances as it's now
written. They would be treated as a house in other words.
Explained further. Just be thinking about this and we'll get
further from other areas on what they are doing.
c. Adequate drainage is provided so as to reduce exposure to
flood hazards-
9-611 A
1.
2
VACATIONS AND DEDICATIONS
Application Procedure
a. Application - Any property owner desiring to vacate an
existing subdivision, public right-of-way or easement
shall complete and file an application with the Adminis-
trator. These provisions shall not apply to the widening
of any street which is shown on the Comprehensive Develop-
ment Plan, or the dedication of streets, rights-of-way or
easements to be shown on a recorded subdivision.
b. Administrator Action - Upon receipt of the completed
application, the Administrator shall affix the date of
application acceptance thereon. The Administrator shall
place the application on the agenda for consideration at
the next regular meeting of the Commission which is held
noi~ less than fifteen (15) days after said date of
acceptance.
Action -
a. Commission Recommendation - The Commission shall review
the request and all agency response and make a recommenda-
tion to the Council for either approval, conditional
approval, or denial.
b. Council Action -
1) When considering an application for vacation proce-
dures, 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.
2) When considering an application for dedication proce-
dures, 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 accep-
tance 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-
-38-
Jack Niemann
City Clerk
City of Meridian
City Hall
Meridian, Idaho 83642
~anuary 19,1992
Re: Application to Vacate Platted Easement
Dear Jack:
Enclosed is a check for $225.00
fee on Strasser Farms Inc. application to
easement. Also enclosed is a list of the
which are entitled to notice by certified
on the Application. I understand that the
rarely processes such applications and is
the process than the city of Boise or Ada
I thought it would assist you if I outlin
statute and ordinance require.
for the application
vacate a platted
utility companies
mail of the hearing
city of Meridian
less familiar with
County. Accordingly
ed the procedure the
Idaho Code # 50-1306A states that anyone desiring to
vacate a plat (Or any part thereof) on property located within
a mile of the boundries of any city shall petition the city
clerk and must set forth the particular circumstances of the
request, contain a legal description of the area to be vacated
and state the names of the persons affected by the petition.
Written notice of the public hearing of the petition must be
given by certified mail at least ten days prior to the hearing to
all property owners within 300 feet of the boundaries of the area
described in the petition. Motice of the public hearing must
also be published in the local newspaper once a week for two
successive weeks prior to the hearing, with the last notice being
published at least seven days prior to the hearing.
The city council may grant the request with such
restrictions as at deems necessary in the public interest. When
a utility or drainage easement is being vacated, public notice of
intent to vacate is not required. The easement is vacated upon
the recording of the new or amended plat, provided that all
affected easement holders have been notified by certified mail of
the proposed vacation and have agreed to the same in writing.
Section 9-611 of the Meridian City Code explains that
the process to vacate an easement is to file an application with
the administrator, who will place the application on the agenda
for consideration at the next regular meeting of the Commission
which is held not less than 15 days after acceptance of the
application. The Commission reviews the request and makes a
recommendation to the Council. The Council sets a date for a
public hearing and gives public notice of the hearing. At the
hearing the Council may approve, deny or modify the application.
Jack Niemann
January 14,1992
Page 2
Since the city of Meridian does not have a standard
application form, you authorized us to use the application forms
used by Boise and Ada County. We filed the application on
Tuesday, January 14, 1992. Please put this application on the
agenda for the next regular meeting of the Commission and let me
know what date the Commission meets. I assume that the Council
meeting will be scheduled three to four weeks after the meeting
of the Commission and I would also like to be notified of that
date. - .._
I am in the process of acquiring from the utility
companies their written approval of the vacation and will deliver
their letters of approval to you upon receipt. Although the
amended plat cannot be recorded until those letters are received,
the hearings before the Commission and the Council can proceed
prior to receipt.
I look forward to working with you on this process and
I will be happy to assist you in whatever manner possible.
Sincerely,
STRASSER FARMS, INC.
Robert D. Strasser
RDS/mms
U
Utilities:
Idaho Power Company
Attn. Supervisor of Right-of-Way Dept.
P.O. Bob 70
Boise, Idaho 83707
Intermountain Gas Company
Attn. Regional Office Manager
P.O. Box 7608
Boise, Idaho 83707
U.S. West Communications
Attn. Tim Diegos, Engineering
999 Main, 5th Floor
United Cable Television
Attn. Construction Dept.
8400 Westpark
Boise, Idaho 83704
(Please let me know if Meridian requires notice to any utilities
in addition to those listed above.)
~~~ l ,, ... __ _
„ _ ~.~~,t :, _ i. _ :. i. t: oi` _„_.. ~. ~u alto 4tra _ ., ~ army
.,.:~-~ii'~-:,_~:n_ ~.... ., .. _ _. .. ., .. .. ;.r~t..,:cr7 0* -the :~ -r~;r7.y
L~ ..,-.- r '~',. _ ~ <- _ rr ' l,~'. .,c::.~ 'oad ,,t~' :,endirular
_ ~ ~~.,~. .,)[i~'. . ,.'~.. ~_:;1 .'~::n'i111 t'te ~'~11 ir~ngth
ii . i.visi.on pi,..t. and the
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., ~.. .. .. L~ r _. ~. ~ . .. v ...
~~~~~~ ~EL~®i~ ~
Professional Land Survey
1185 ROLLING HILL DR. ~ °~1~~; ~nA~~it ~GQfILGC,~
v1ERIDIAN, ID 83642 {208) 888-1977
?O~- ~~_~_ ~ 7503 FIRST STREET SOUTH NAMPA, IDAHO 83657.4395
FAX p 208-888-6201
December 10, 1991 Phones: Area. Code 208
OFFICE: Nampa 466-7861
Boise 3a3-1884
SHOP: Nompa a66.0663
Robert Nelson Boise 3a5.249t
1135 Rolling Hill Drive
!4eridian, Idaho 83642
Re: Strasser farms Subdivision
Dear Bob:
Nampa & [de r.idian Irrigation District's Onweiler Lateral ends on the west side
of 'Seridian Road. The end of the Onweiler Lateral is a box structure with
one head gate going norti~ and a weir crest outlet taking water to t-he
southwest. The right-of-way for the Onweiler Lateral is 50 feet over-a11.
Facing downstream, the right-of-way is IS feet on the Left and 35 feet on the
right from the center of the lateral. The right-of-way must not be
encroached upon.
All municipal surface drainage shall remain on-site. Developer shall comply
with Idaho Code 31-3805.
I do not believe the Strasser Farms Subdivision will have any impact on our
facilities. PLease contact me if I can be of Further assistance.
Sincerely,
Sohn P. Anderson
District Water Superintendent
pc: Bach Director
Secretary of the Board
City of Meridian
Ride 4
Fide 3
Ada County P.ighway District
-r^-rte
JPf.: j j
APPROXIMATE IRRIGABLE ACRE)
RIVER FLOW RIGH75 --.J UW
BOISE PROJECT RIGHiS -- ~OAW
;Ck2ANILED t'70i
~~ ~ %y~e~clcltawc ~~Q.u41L ~ld~tlCt
8, 1992
Y Smith
~r of Meridian
East Idaho Avenue
idian, Idaho 83642
Strasser Farms Subdivision
7503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395
FAX N208.888-6201
PFgn4n:. Area.Code 208
OFFICE: Nampa 466.7861
Boise 343.1881
SHOP: Nampa <66-0663
Boise 345-2431
r Gary:
dently when I wrote to you previously, the plat I was given for Strasser
ms Subdivision indicated Nampa 6 Meridian Irrigation District's Onweiler
eral in the wrong location. I went out on site and measured. Going south
Meridian Road from the center line of Ustick Road, the lateral is
roximately 795 feet. When the lateral location is platted correctly,
blems should be eliminated.
*;I~f`this letter is not sufficient to make this kind of change, please contact
'me immediately.
;~$incerely,
John P. Anderson
District Water Superintendent
pc: Each Director
Secretary of the Board
I Sobert Strasser
vRider 3
Bill Henson
File
JPA:jj
~-
~~.
_ .__ J
I
`~ M2RIUlAN i ~._e
~ ~..:Y
APPRO%IMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23.000
BOISE PROJECT RIGHTS - 40.000
~~~~_~ _~ ~I Ca CAPLE E:O I'3E, I~L2 F. 02
FEB-1~~-'~? P1~~F4~~14
United Artists Cable
of Idaho
J400 Westpark Street
P.O, Fiox 44
Ituiu6 ID 7S 5744
130t!) S75-tlltitS
.~ ~~~,~~. /I~i 111 ~~~
~~~~ ~
February l0, 1992
To Whom It May Concern:
TCI, United Artists Cable, is processing a relinquishment of public
utility easement located on the northern property line running
parallel from east to west on lot one, block one of Strass Farms
Subdivision.
Sincerely,
Deb Fease
Construction Supervisor
pARTIAL EASEI~NT VACATION
The Public Entity Signatory hereto relinquishes any and all rights to
access the 5.00 foot side lot Public Utility Easement on the north
lot line of Lot 1, Block 1 of Strasser Farms Subdivision.
U S WEST Communications
NAME. Timothy T. Gallegos
TITLE: Manager - Design
STATE OF IDAHO )
)ss
County of ADA )
On this 10th day of J ni~~_. 1992.E before me, the
undersigned Notary Public for said State, personally appeared
m;,ri,rjly m ~-~> > e~,oG known to me to be a duly authorized
representative of U S WEST Communications whose name is
subscribed to the foregoing instrument, and ac7rnowledged to me
that he executed the same on behalf of said organization.
IN WITNESS Wf~REOF, I
my official seal, the day
above written.
have hereunto set my hand and affixed
and year in this certificate first
~~~~
Nota Pub is for Idaho
Residing at Caldwell, Idaho
i1~;
a ~ r '
.. d i
. ~ ~'
p ry ?
3
~ .
Commission Expires 3-6-94
IDAHO POWER COMPANY
Release of Easement
WHEREAS, by easement dated December 19, 1991, and recorded
December 19, 1991, as Instrument Number 9172040, of the records of
Ada County, State of Idaho, STRASSER FARMS SUBDIVISION granted to
IDAHO POWER COMPANY an easement for the construction, operation and
maintenance of certain power line facilities upon the following
premises located in Ada County, State of Idaho, to-wit:
The North 5 feet of platted easement of Strasser Farms Sub, Lot 1,
Block 1, located Sn Section 1, Township 3 North, Range 1 West, B.X.
AND, WHEREAS, the continuance of such easement, EXCEPT as
provided below, is no longer necessary or desirable;
NOW, THEREFORE, in consideration of the premises, and subject
to the exception below, IDAHO POWER COMPANY does hereby release and
abandon its right and easement hereinabove referred to and
described, with the intent that the same shall forthwith cease,
determine and be extinguished; EXCEPT that all rights and
privileges under the above-described document in and to the
following described lands shall remain and continue in the Grantee
and shall not be affected in any way hereby, to-wit:
All other existing easements from Strasser Farms
Subdivision to Idaho Power Company.
IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these
presents to be exeGUted by its proper officers thereunto duly
authorized this o29 day of ~w.winru _ , 19~.
IDAHO POWER COIMPANY
(CORPORATE SEAL) BY ~ ~/ ~J~f
C N~Ollsfon-,( Vice/~iPr~e~sident
ATT S
BY
R W Stahman, Secretary
STATE OF IDAHO )
)SS.
COUNTY OF ADA )
On this aM~` day of c1A.M.u.err~
a Notary Public, personally appeax`ee
respectively, the Vice President and
that executed the within instrument,
such corporation executed the same as
corporation.
19 9a- , before me,
C N OLSON and R W STAHMAN,
Secretary, of the corporation
and acknowledged to me that
the free act and deed of said
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
,~,~,
WESTERN REGION OFFICE
I~~ITERMOUNTAIN GAS COMPANY
555 SOUTH COLE ROAD - RO. BOX 7608 -BOISE, IDAHO 83707
(208) 377-6000 - FAX (208) 377-6867
February 3, 1992
To Whom It May Concern:
RE: The 5 foot utility easement in question is located
on the northernly boundary of Lot 1 Block 1 of the
Strasser. Farm Subdivision Section 1 T.3 N., R.1 W.,
B.M.
Intermountain Gas Company has no objections to the vacation of the above
referenced easement.
Thank you,
/~' ~.,~
c ~ ~:_.~/
Jim Renner
Western Region Operations Manager
Intermountain Gas Company
JR/mlj
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Jack Niemann
City of Meridian
January 16,1991
Below is a list of the six property owners within 300 feet
of the Strasser Farms Sub-Division .
John and Candy Homan
2835 N. Meridian Rd.
Meridian, Idaho 83642
Rich and Gloria Fern
2790 N. Meridian:Rd.
Meridian, Idaho 83642
Larry Gray
2990 N. Meridian Rd.
Meridian, Idaho 83642
Jack Clifton
3080 N. Meridian Rd.
Meridian, Idaho 83642
Bob Parks
275 E. Ustick Rd.
Meridian, Idaho 83642
John Barton
335 W. Ustick Rd.
Meridian, Idaho 83642
•
IDAHO POWER COMPANY
Release of Easement
WHEREAS, by easement dated December 19, 1991, and recorded
December 19, 1991, as Instrument Number 9172040, of the records of
Ada County, State of Idaho, STRASSER FARMS SUBDIVISION granted to
IDAHO POWER COMPANY an easement for the construction, operation and
maintenance of certain power line facilities upon the following
premises located in Ada County, State of Idaho, to-wit:
The North 5 feet of platted easement of Strasser Farmer Sub, Lot 1,
Block 1, located in Section 1, Township 3 North, Range 1 West, B.M.
AND, WHEREAS, the continuance of such easement, EXCEPT as
provided below, is no longer necessary or desirable;
NOW, THEREFORE, in consideration of the premises, and subject
to the exception below, IDAHO POWER COMPANY does hereby release and
abandon its right and easement hereinabove referred to and
described, with the intent that the same shall forthwith cease,
determine and be extinguished; EXCEPT that all rights and
privileges under the above-described document in and to the
following described lands shall remain and continue in the Grantee
and shall not be affected in any way hereby, to-wit:
All other existing easements from Strasser Farms
Subdivision to Idaho Power Company.
IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these
presents to be exeGUted by its proper officers thereunto duly
authorized this o24 day of J-w~.,An~4 _, 19~.
IDAHO POWER COMPANY
(CORPORATE SEAL) ~~L~~
BY
C N Olson, Vice President
ATT ~ S c+'
BY \Y'\Vt
R W Stahman, Secretary
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this a.4~` day of cla.K.u.e~.rw 19 4a- before me,
a Notary Public, personally appea C N OLSON and R W STAHMAN,
respectively, the Vice President and Secretary, of the corporation
that executed the within instrument, and acknowledged to me that
such corporation executed the same as the free act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
(NOTARY SEAL) ~
Not ry ublic
Res g at: ,~,;,~, SQ
My Commission expires: 7-i7-9~
STRASSER.REL
~ 547 PLATS AND VACATIONS 50-1306A
tion where no area of city impact has been officially adopted, all plats
situate within one (1) mile outside the limits of any incorporated city shall
first be submitted to the said city, and approved by the council of said city
before the same shall be recorded. Items which may be considered by the
city include, but are not limited to, continuity of street pattern, street
widths, and drainage provisions. If the city has adopted a subdivision ordi-
nance and/or a comprehensive plan, then these documents may be used as
guidelines for approving plats. Such city approval shall be in addition to
county approval. Within one (1) mile of the city, a city subdivision ordi-
nance shall prevail over a county subdivision ordinance unless the city and
county mutually agree upon any differences. Where the jurisdiction of two
(2) cities overlaps, then the jurisdiction shall be assumed by the larger city.
[1967, ch. 429, § 224, p. 1249; am. 1979, ch. SS, § 2, p. 214.]
Sec. to sec. ref. This section is referred to erty Owners Assn v. City o[ Coeur D'Alene,
in 4 31-3805. 108 Idaho 843, 702 P2d 881 (Ct App. 1985).
Cited in: Coeur D'Alene Indus. Park P~op-
60-1306A. Vacation of plats -Procedure. - (1) When any person,
persons, firm, association or corporation may desire to vacate a plat or any
part thereof which is inside or within one (1) mile of the boundaries of any
city, it shall be lawful for such person, persons, firm, association or cerpora-
tion to petition the city council to vacate. Such petition shall set forth
particular circumstances of the requests to vacate; contain a legal descrip-
tion 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.
(2) 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 hear-
ing 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 leas than seven
(7) days prior to the date of said hearing.
(3) 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 is the public interest '
(4) When the platted area lies more than one (1) mile beyond the city
limits, the procedures set forth herein shall be followed with the ceuntq
commissioners of the county wherein the property lies.171e county cemmis-
aionera shall have authority, comparable to the city council, to grant the
vacation, provided, however, when the platted area lies beyond one (1) mile
of the city limits, but ac{jacent to a platted area within one (1) mile of tbe
city, consent of the city council of the affected city shall be necessary in
granting any vacation by the county com*niaaionefa
(5) In the case of easements granted for gas, sewer, water, telephone,
cable television, power, drainage, and slope purposes, public notice of intent
to vacate is not required. Vacation of these easements shall actor upon the
recording of the new or amended plat, provided that all affected easement
.-
~\
50-1307 MUNICIPAL, CORPORATIONS 548
holders have been notified by certified mail, return receipt requested, of the
proposed vacation and have agreed to the same in writing.
All publication costs shall be at the expense of the petitioner. (I.C.,
§ 50-1306A, as added by 1971, ch. 6, § 1, p. 16; am. 1985, ch. 244, § 1, p.
575.]
Cited in: Williams lake Lends, Inc. v.
LeMo~ae Dev., Inc., 108 Idaho 826, 70E P2d
Bfi4 ICt. App. 198,1).
50.1307. Designation of townsite and addition -Necessity of dis-
tinctiveness -Limitations on rule. -Plats. of towns, subdivisions or
additions must not beaz the name of any other town or addition in the same
county, nor can the same word or words similar or pronounced the same, be
used in making a name for said town or addition, ezcept the words city,
pace, court, addition or similar words, unless the same is contiguous and
laid out and platted by the same party or parties platting the addition
bearing the same name, or a party files and records the written consent of
the party or parties who platted the addition bearing the same name. All
plats oCthe same name must continue the block numbers of the plat previ-
ously 51ed. [1967, ch. 429, § 225, p. 1249.]
50-1308. Approvals. - (1) ff a subdivision is not within the corporate
limits of a city, the plat thereof shall be submitted, accepted and approved
by the board of commissioners of the county in which the tract is located in
the same manner and as herein provided. ff the city or county has estab-
lished aplanning commission, then all plats must be submitted to said
commission in accordance with provisions of section 50-1106, Idaho Code.
No plat of a subdivision requiring city approval shall be accepted for record
by the county recorder unless said plat shall have first been submitted to
the city and has been accepted and approved and shall have written
thereon the acceptance and approval of the said city countxl and bear the
signature of the city engineer and city clerk. No plat of a subdivision shall
be accepted for record by the county recorder unless said plat has been
certified, Within thirty (30) days prior to recording, by the county treasurer
of the county in which the tract is located. The county treasurer shall not
withhold certification for any reason except for county property tales due,
but not paid,. upon the property included in.the proposed subdivision.
(2) Plats resulting from the ezerciae of any right granted under the pro-
visions of sections 50-1314 and 63,303, Idaho Code, may be accepted for
record and recorded by the county recorder without being certified by the
county treasurer and the record of any such plat which has previously been
recorded without being certified by the county treasurer shall not be in-
valid or defective because of not having been so certi5ed by the county
treasurer. (1967, rh. A29, § 226, p. 1249; am. 1979, ch. 286, § 1, p. 731; am.
1981, rh 304, § 1, p. 626; am 1981, rh 317, § 1, p. 661.j
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