Staff ReportSTAFF REPORT
HEARING DATE: November 27, 2012
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: VAC-12-007 -Bower
I. APPLICATION SUMMARY
E IDIAN~-
1DAH0
The applicant, Design West Architects, has submitted an application requesting approval to vacate a
15-foot wide overhead power line easement along the northern property boundary in favor of Idaho
Power Company.
II. STAFF RECOMMENDATION
Staff recommends approval of the proposed vacation application.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number VAC-
12-007, as presented in Staff Report for the hearing date of November 27, 2012, with the following
changes: (insert any changes here).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number VAC-12-
007, as presented during the hearing on November 27, 2012. (You should state why you are denying
the request.)
Continuance
I move to continue File Number VAC-12-007, to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location (Parcel #R1042250150):
The subject property is located at 500 E. Bower Street in the southwest '/a of Section 7, Township
3 North, Range 1 East.
B. Owner:
Optimist Club of Meridian
PO BOX 681
Meridian, ID 83680
C. Applicant:
Jim Main, Design West Architects
216 SW. 5~' Avenue
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Bower -VAC-12-007
Page 1
V. PROCESS FACTS
A. The subject application is a request to vacate platted easements. Per Meridian City Code, a public
hearing is required before the City Council on this matter. The UDC does not require the site be
posted with a public hearing notice sign.
B. Newspaper notifications published on: November 5, and 19, 2012
C. Radius notices mailed to properties within 300 feet on: November 1, 2012
VI. LAND USE
A. Existing Land Use(s): The subject property is developed with an indoor recreation facility, zoned
I-L. The facility has existed in the area for quite some time.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: All of the property
surrounding this parcel is developed with industrial uses, zoned I-L.
C. History of Previous Actions: NA
D. Utilities: NA
1. Public Works:
a. Location of sewer and water: NA
b. Issues or concerns: NA
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Division from other City departments for the subject
application. Please see the public record or the application file for any written comments that may
have been submitted by other agencies.
VIII. ANALYSIS
Analysis Leading to Staff Recommendation:
The applicant requests approval to vacate the15-foot wide overhead power line easement along
the north boundary prescribed with instrument #97026045. The purpose of the request is to allow
for the future construction of a larger building on the site to replace the existing one.
Originally, the easement was necessary for the continued maintenance and operation of the power
line utility. The utilities have been constructed on the site however; the existing 10-foot wide
utility easements along the west and east boundaries will remain to provide adequate access for
the utility provider. As evident in Exhibit A.2, the Idaho Power Company no longer needs the
easement and has granted relinquishment of said easement. Thus, Staff recommends approval of
vacating the easement as proposed.
IX. EXHIBITS
A. Maps/Other
1. Vicinity Map
2. Idaho Power Company's Approval to Vacate the Easement
Bower -VAC-12-007
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Bower -VAC-12-007
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Exhibit A.2 -Idaho Power Company's Approval to Vacate the Easement
ADA COUNTY RECORDER ChdehgAlr D. Rieh AMOUNT 13.00
,. - 0018E IDAHO 10R1?112 09:30 AM
DEPUTY AallOenob
RECORDED-REQUEST OF NI IIIIINIIIIIIIIIIMrllllll NI In
01fho Power 112101794
IDAHO POWER COMPANY
Partial Release of Easement
WHEREAS, provided in that certain Corrected Warranty Deed with Reservation of Easement,
dated March 28, 1997, granted by Idaho Power Company to the Optimist Club of Meridian,
Inc, and recorded on the 4s' day of April, 1997, as Instnunent Number 97026045 in the records of
Ada County, State of Idaho, IDAHO POWER COMPANY reserved an easement (the "Easement")
for the construction, operation and maintenance of certain power line facilities upon the following
premises located in Ada County, State ofIdaho, to-wit::
Lots 14, 15, lb, 17, Block 2, Bown's Raihoad ?iddition, according to the official
plat thereof, filed in Book 4 of Plats at Page 165, Records of Ada County, Idaho.
AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the
Easement be retained.
NOW, THEREFORE, in oonsiderpkion:of the premises, IDAHO POWER COMPANY does
hereby release and abandon that certain portion of the Easement over the following described lands:
A fifteen (1 S) foot wide strip along the north properly line of the above-described property.
ALL RIGHTS and privileges under the abovo-described document in and to the remaining
lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired
through occupancy and use over time of said remaining lands shall remain and continue in the
Grantee and shall not be affected in any way hereby.
IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be
executed by its proper officers thereunto duly authorized this . 7,F'~ day of
SP~Fr,"„~yl, r, ~ii2
IDAHO POWER A
By:
SCOTT JOHNSON f31Cf-OF-WAY LEADER
ata_t i_o~;~
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this 2~ ~` day of ~ w.b F~2012 ,before me
nJ,a~l ~cdtri+meWil.. a Notary Public, personally appeared Scott Johnson,
Right-of-Way Leader of the corporation that executed the within instnunent, and aclmowledged
to me that such corporation executed the same as the free act and deed of said corporation.
IN WITNESS WHBREOF, I have hereunto set my hand and atTrxed my official seal the
day and year in this certificate first above written.
(NOTARY SEAL)
~rJ~J
Notary Public o
Residing at: 7j'I~-aGe.±,.:?~'±
My Commission Expires on: S' !
RtB_I I Oprimist