Partial Release of Easement with Idaho Power Company for Thunder Creek SubdivisionIDAHO POWER COMPANY
Partial Release of Easement
WHEREAS, by recorded platted subdivision an easement recorded as Instrument Number
99046473, in Book 78 of Plats, at Pages 8209 - 8210, in the records of Ada County, State of
Idaho, Thunder Creek Subdivision, granted to IDAHO POWER COMPANY an easement (the
"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:
Thunder Creek Subdivision - A portion of the SW % of the NW % of Section 11, Township
3 North, Range 1 West, B.M., t~ieridiun, Ada County, Idaho.
AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the
Easement be retained.
NOW, THEREFORE, in consideration of the premises, IDAHO POWER COMPANY
does hereby release and abandon that certain portion of the Easement over the following
described lands:
The original five foot interior lot line between Lots 6 and 7, Block 3 of Thunder Creek
Subdivision.
These relinquishments shall become effective upon the recording of a new Record of
Survey.
ALL RIGHTS and privileges under the above-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 /5~ day of March, 2000.
IDAHO POWER COMPANY
R.C. Hillman, Manager
Real Property Management
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this _~~ day of March, 2000, before me, a Notary Public, personally appeared
R.C. Hillman, Manager, Real Property Management 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day ar-d year in this certificate first above written.
k~~
~FNOTARY SEAL) '
_~ - Notary ublic
Residing at: Boise, Idaho
My Commission expires: ~~ /~ ~~~
a:partial.doc
~CE~D
FEB ] 1 2000
CITY OF ME&IDTAF;
~~~
f "Jr ~„~ 11
~D00 ~§R -? P~4 I ~ 21
RECORDEu - REQ!f~~T C~
g~~~~a~~~~~~
BEFORE THE MERIDIAN CITY COUNCIL
O l -26-00
IN THE MATTER OF THE REQUEST
FOR EASEMENT VACATION IN
THUNDER CREED SUBDIVISION,
MERIDIAN, IDAHO
CASE NO. VAC-99-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF EASEMENT
VACATION
THUNDER CREED PARTNERSHIP, )
LLC, APPLICANT )
This matter coming on regularly before t11e City Council at its regular meeting
on the 18``' day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and the Council 1laving received
the record from the Planning and Zoning Commission and its recommendations to
the City Council, and no objection having been received makes the following
Findings of Fact and Decision and Order.
Findings of Fact and Conclusions of Law and -Page 1 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {LC. § 50-
1325}.
2. The vacation of an easement which was accepted as part of a platted
subdivision shall be vacated pursuant to the provision of Chapter 13,
Title 50 Idaho Code {LC. § 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized
form of business desiring to vacate a part of a plat which is inside the
boundaries of any City must petition the City Council to vacate. Any
person, persons, firm, association, corporation or other legally
recognized form of business desiring to vacate a plat or any part thereof
which is inside or within one (1) mile of the boundaries of any city must
petition the city council to vacate. Such petition shall set forth
particular circumstances of the requests to vacate; contain a legal
description 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 cleric. 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 hearing 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 less than seven (7) days prior to the date
of said hearing; provided, however, that in a proceeding as to the
vacation of all or a portion of a cemetery plat where there has been no
interment, or in the case of a cemetery being within three hundred
(300) feet of another plat for which a vacation is sought, publication of
the notice of hearing shall be the only required notice as to the property
owners in the cemetery. 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 in the public interest. In the case of
easements granted for gas, sewer, water, telephone, cable television,
Findings of Fact and Conclusions of Law and -Page 2 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
power, drainage, and slope purposes, public notice of intent to vacate is
not required. Vacation of these easements shall occur upon the
recording of the new or amended plat, provided that all affected
easement holders have been notified by certified mail, return receipt
requested, of the proposed vacation and have agreed to the same in
writing. {LC. § 50-1306A (1), (2), (3) and (5)}
Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and
B it provides as follows:
12-10-1 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 Administrator. These provisions shall not apply to
the widening of any street which is shown on this Comprehensive
Development 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 not less than fifteen (15) days after said date of acceptance.
12-10-2 COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the
request and all agency responses and make a recommendation to the
Council for either approval, conditional approval, or denial.
B. Council Action:
1. Hearing; Notice: When considering an application for vacation
procedures, 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
Findings of Fact and Conclusions of Law and -Page 3 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
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. Street Improvements; Bond: When considering an application for
dedication procedures, 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
acceptance 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.
FINDINGS OF FACT
1. Thunder Creelc Partnership, LLC of 3450 Stone Creelc Rd., Boise, Idaho
83703, is a legally recognized form of business in the State of Idaho.
{see Chapter 6 of Title 53 Idaho Code}
2. Thunder Creelc Partnership, LLC of 3450 Stone Creelc Rd., Boise, Idaho
83703, owner of the adjacent property to the subject easement as
recorded in Boolc 78 of Plats at Pages 8209 and 8210 records of the Ada
County Recorder's Office, as Instrument No. 99046473, Ada County,
Idaho, filed a petition for the subject easement vacation.
3. The legal description of the utility easement which is the subject of this
petition is:
Lying adjacent to the common lot line between Lots 6 and 7, Bloclc 3,
Thunder Creelc Subdivision, recorded in Boolc 78 of Plats at Pages 8209
and 8210, records of the Ada County Recorder's Office, as Instrument
No. 99046473, Ada County, Meridian, Idaho.
4. That the owner(s) of the lots which the subject utility easement
traverses are:
Findings of Fact and Conclusions of Law and -Page 4 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
4.1 The applicant/owner of the property is Thunder Creelc
Partnership, LLC.
5. The particular circumstances of the requested vacation is:
The property is located on the west side of N. Gray Cloud Way, east of
Ten Mile in the Thunder Creelc Subdivision. The lots are contiguous
and contain utility easements along the side lot lines designated on the
recorded plat for the Thunder Creelc Subdivision. A lot line adjustment
application has been filed to adjust the common lot line between the
two lots. This vacation application is a formality to remove the
easements placed along the old location of the lot line.
6. The names of the affected utility holders by the petition to vacate
include:
6.1 The applicant owner of the property is Thunder Creelc
Partnership, LLC of Boise, Idaho.
6.2 Ada County Highway District of Boise, Idaho.
6.3 Nampa & Meridian Irrigation District of Nampa, Idaho
6.4 Idaho Power Company of Boise, Idaho.
6.5 Intermountain Gas Company of Boise, Idaho.
6.6 U.S. West Communications of Boise, Idaho.
6.7 TCI Cablevision of Boise, Idaho.
7. Written notice of public hearing on said petition was 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 hearing was also published once a week for two (2) successive
weeks in the official newspaper of the city, the last of which was not less
Findings of Fact and Conclusions of Law and -Page 5 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
than seven (7) days prior to the date of said hearing.
7. All affected utility holders have agreed to the requested vacation in
writing.
8. The Ada County Highway District does not object to the requested
vacation.
9. All publication costs have been paid by the petitioners.
DECISION AND ORDER OF VACATION OF UTILITY EASEMENT
Now, therefore, based upon the above and foregoing statement of legal
authority and jurisdiction and statement of facts relative to legal authorrty and
jurisdiction, the City Council does hereby ORDER
and this does ORDER that:
The utility easement is hereby vacated subject to the conditions in part
3 of this Order and which easement is hereinbelow described as follows:
That certain utility easement lying adjacent to the common lot line
between Lots 6 and 7, Block 3, Thunder Creek Subdivision recorded in
Boole 78 of Plats at Pages 8209 and 8210, records of the Ada County
Recorder's Office, as Instrument No. 99046473, Ada County, Meridian,
Idaho.
2. The City Clerk shall cause a copy of this order to be served upon the
any affected utility holders, and the petitioner, Public Worlcs, Planning
and Zoning Departments, and the City Attorney's office.
3. Conditions: As a consideration of the granting of this easement and
the need to have provided new utility easements to complete the process
of lot line adjustment, the owners shall deed new utility easements
along the new lot line to replace the easement which is the subject of
this petition. Decision and Order and the Clerk are herein directed to
not complete part 4 of this Order nor are any building permits on the
subject lots to be issued until the Public Worlcs Director has certified to
Findings of Fact and Conclusions of Law and -Page 6 of 8
Order For Easement Vacation in
Thunder Creek Subdivision
By: Thunder Creek Partnership, LLC /VAC-99-005
the City Clerlc that all affected easement holders have agreed to the
vacation in writing. The recording of this Vacation Order by the Clerlc
shall be evidence that this condition has been complied with.
4. The City Clerlc shall cause a certified copy of this order to be recorded
with the Ada County Recorders office.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the vacation may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the ~~~~~ day of
~LtC~t, , 2000.
ROLL CALL
COUNCILMAN ANDERSON VOTED ~
COUNCILMAN BIRD VOTED ~~
COUNCILPERSON deWEERD VOTED
Findings of Fact and Conclusions of Law and -Page 7 of 8
Order For Easement Vacation in
Thunder Creelc Subdivision
By: Thunder Creelc Partnership, LLC /VAC-99-005
COUNCILPERSON McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~ ~' ~ / 5 ,~~~ ~,
Copy served upon Applicant, the Planning and Zoning Department, Public Works
DepartlTlent and Clty Attorney. `~~,i~riiri~~~ii
BY: _~ s DATED:
Ity Clerk
STATE OF IDAHO,
County of Ada
SS.
On this f ~ day of ` ~~~~.i-' , 2000, before me, the
undersigned, a Notary Public in and for said tate, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
VOTED
~ G.`~CjQ~~~~no~ ~"
C` ~f
~~
- ~.AL
~~ ~.°j~~ .~1
s ~P ``~
~~'~.1J.tfdSA; ?i;i5~t~~~
official seal the day and year first above written.
(SEAL)
r
Notary blic for Idaho
Commission Expires: ~~Z~c~GaG~
ms~Z:\Worlc\M\Meridian 15360M\Thunder Creek sub\Ease~nentVAC
Findings of Fact and Conclusions of Law and -Page 8 of 8
Order For Easement Vacation in
Thunder Creek Subdivision
~~1~
By: Thunder Creek Partnership, LLC /VAC-99-005
_~~.....
a o~~tt ~ ~,cia ~~ t~~ct
~ ~
C{iorr~i A LJ~.h., ~. ..;,.~,...a
-"~"' ' " ' """""'' ' """`"`'"` 318 East 37th Street
Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer Routson, Secretary Phone (208) 387-6100
Dave Bivens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us
December 7, 1999
Thunder Creek Partnership, LLC
3450 Stone Creek Road
Boise, I D 83703
RE: VAC-99-005 -Vacation of the Easement Lying Adjacent
South of Cherry Lane, West of Ten Mile, on Gray Cloud Way
On April 22, 1998 ,the Ada County Highway District Commissioners acted on
Thunder Creek Subdivision. The conditions and requirements also apply to
VAC-99-005.
If you have any questions, please feel free to call me at 387-6177.
Sincerely,
~.~~~
Christy Richardson
Development Analysis
cc: Project File
City of Meridian
~u~ia & ~l~en~dta~ ~I~~ugati~ Dcafiziet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
March 6, 2000
Mr. Glenn Blaser
P. 0. Box 3023
Boise, ID 83703
Re: Thunder Creek Subdivision /Lot 6, Block 3
Dear Mr. Glaser:
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Irrigation District has no facilities located within the above-mentioned
subdivision between the two lots, therefore we cannot relinquish ownership to something that we
do not own.
If you have any questions, please feel free to contact me.
Sincerely,
~~~
]ohn P. Anderson, Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
]PA: dln
Cc: File
Each Director
Secretary-Treasurer
Asst. ~'Jater Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
r ~
MAR 2 0 2000
CrTY Cyr T~~~~
Memo
To: Will Berg, Jr.
From:Gary D. Smith, PE
CC: file /City Attorney
Date: 03/20/00
Re: Easement Vacation -Thunder Creek Subd. VAC-99-005
Here are original signature Relinquishment of Easement forms for this project.
These were delivered to me by Glenn Blaser today. I will forward a copy of them to
Marlene in the City Attorney's office so she can complete her files.
Gary ~;
6'~'''
r
e ~ .
.-~.~'~~
,~
,-
----
From the desk of...
Gary D. Smith, I'E
Meridian City Engineer
Meridian Public Warks Department
200Ii Carlton St, Smite 100
Meridian, Idaho 83642 2b00
~ Page 1
(208) 887-2211
Fax (208) 887-1297
Tf y N ~~U z r~~ k ~~~--C~ ~..~,
RELINQUISHMENT OF EASEMENT
The below signed entity hereto relinquishes any and all of their rights to the following
described public utilities easement as described in Exhibit A.
Thunder Creek Partnership
Name:
Title: ~ o~- c ~n~
STATE OF IDAHO
COUNTY OF ADA
On this ~~day of ~e D ale. a ~- ~ in the year 2000, before me the undersigned,
personally appeared U ~~, ~ j--, ,~' /f a S ~~ ,known to me to be the
person whode name is subscribed to the within instrument, who, being by me first duly
sworn, did depose and say that he/ is Matt a f ~ u f` t~av-E~t~ „- of the stated
entity, and that he/she executed the foregoing ment on behalf of said firm for the
use and purpose stated therein.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal and
year in this certificate first above written.
~* : N O Tq~ ~~p~
i ~~` 1- _
A
~~ ~ ltBLTC ~~
yi~~tD ~'~•....•'' 0 ~
~y.._pF ID A~l.,a~
Notary Public for Idaho
Residing at: 'f'G1.~._~_ ;'y~ 'a/,t ~~:
Commission Expires: S'"--~ ~'-G S.
RELINQUISHMENT flF EASEMENT
The below signed entity hereto relinquishes any and all of their rights to the
following described public utilities easement as described in Exhibit A.
U. S. West Communications
By:~~~ t ~~
Name: ~~~ N ~ .~ s ~ zr~'
Title: ~ ° ~ ~-~=~~-~~`
STATE OF IDAHO
COUNTY OF ADA
On this ~ day of ~~~~~h/ , in the year 2000, before me the
undersigned, personally appeared ~A,tEEii) l~'.4s~-oFc/ ,known to me to
be the person whode name is subscribed to the within instrument, who, being by me first
duly sworn, did depose and say that he/she is ~/? S~Pc~~-9<<s7- of the
stated entity, and that he/she executed the fore~oin~instrument on behalf of said firm for
the use and purpose stated therein.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal and
year in this certificate first above written.
., ~'`
~ ,`'
i --
v
'~ °U^
A
~1~~~*~
Notary Public for Idaho
Residing at: Esc=
Commission Expires: / `mss c~
EASEMENT F08 LOTS b AND 7,
BLOCK 3, THUNDER CREEK SUBDIVISION
A parcel of land being a i0' wide permanent drainage and utility easement running over
and across portions of Lots 6 and 7, Block 3, Thunder Creek Subdivision, records of the
Ada County Recorder, Boise, Idaho, said easement being more particularly described as
follows:
Commencing at the iron pin marking the Northeasterly corner of said Lot ?; thence, ,
said point being the port` of begtiuring;
Thence, 5.39°l8'00"E. 5.16 feet along the easterly line of said Lot 7;
Thence, N.65°02'53"W. 126.45 feet to the westerly line of said Lot 7;
Thence, N.24°47'25"W. 10.00 feet along said westerly line and the westerly line
of Lot 6;
Thence, N.65°02'53"E. 123.86 feet to the easterly line of said Lot 6;
Thence, 5.39°18'0(?"E. 5.16 feet to the point of beginning.
Btgserliadoc
RELINQUISHMENT t~F EASEMENT
The below signed entity hereto relinquishes any and all of their rights to the following
described public utility easement as described in exhibit "A". ~. u ~- \:v.e. 1q ~ ~~,c L~
~o~s C~~~ ~~~\~~K. 3 1h~v.~r cv-~~~ Sib ~ v~~Y:~~c,v. S-~c~~,.n.
Name:~,,A,~ ,~ ,~,~-~=-~,~,~,~u-
Title: ~'?ti" S ~-.c~~-sue riv~i vr"~ ~~~,c? d,~~s off..
STATE OF IDAHO )
COUNTY OF ADA )
On this ~ day of I~cv~~_'~ _.in the vear 2000_ before me the
undersigned, personally appeared /~ ~,c~_,~~-; P r-~~'' ,known to me to
be the person whose name is subscribed to the within instrument, who, being by me first
duly sworn, did depose and say the he/she is of the stated
entity, and that he/she executed the foregoing instrument on behalf of the said firm for the
use and purpose stated within.
IN WITNESS WHEREOF, I have set my hand and affixed my oi~icial seal and
year in this certificate first above written. 1
rf
` _ " ~~~
v
Notary Public c-r Idaho ~ '
Residing at: `~
Commission expires:
.~n~ev~ubak~~'it~ Gas
RELINQUISHMENT OF EASEMENT
The below signed entity hereto relinquishes any and all of their rights to the
following described public utilities easement as described in Exhibit A.
,int ~ o "fain Gas
` ~ .~; ,~
STATE OF IDAHO
COUNTY OF ADA
On this~day of~.~-- in the year 2000, before me the
undersigned, personally appeared ~ ,c_1 t~~~ ,known to me to
be the person whole name is subscribed to the ithin instrument, who, being by me first
duly sworn, did depose and say that he/she is c> ~ ~ - ~ ~ ~ ~~~u~-~,_ of the
stated entity, and that he/she executed the foregoing i strument on behalf of said firm for
the use and purpose stated therein-
IN WITNESS WHEREOF, I have set my hand and affixed my official seal and
year in this certificate first above written.
` Notary Public
Residing at:`
••.• ~tiTH R, '•,,• Commission
,,~,~w~~•....« c- tiL
,~ = Nor ~~'=
~ x:
~. ~ „i .
~~'• v0G ~ e~~
' 9 ••. BLIC '~'~s
~~, ••a.N ,* .T•
,,~F ID A~~ a•'~~