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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 Page 2 Lxn~b~t A.1 - 415 Nu ,,, - -- I-- 0 '° i so2 0 Bower -VAC-12-007 Pale 3 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