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HomeMy WebLinkAboutPublic Agencyr PUBLIC AGENCY DATE SUBMITTED BY ITEM Anne Marie. Skinner From: Anne Marie. Skinner Sent: Thursday, July 12, 2012 12:29 PM To: 'Mark Zirschky' Cc: Brent Orton; mgrodriguez@usbr.gov Subject: RE: Case No. ANN-187-12 (Annexation of Public Right of Way) Ni Mark, I just wanted to let you know that I received your email and the attached letter. I will present the letter to City Council on Monday evening as they packet of materials has already been distributed to Council members. I did want to clear up one thing, though. It sounded like from your letter that you are thinking we are annexing this strip and then turning it into public right-of-way. This strip of ground is already public right-of-way. It has been public right-of- way since September 8, 2011 when it was Gift Quitclaim Deeded to the City of Caldwell with the following language in the Gift Quitclaim Deed: "Grantor as a gift does hereby quitclaim, transfer, and convey to the City, as a dedication for public use and subject to the laws of abandonment and vacation, the Real Property herein described." And also the following: "This acceptance is as a public right-of-way subject to the laws of the state of Idaho governing abandonment and vacation of public right-of-way." This deed was recorded September 8, 2011, Instrument No. 2011035637. 1 think that the strip became public right-of- way upon recordation, based upon the language in the deed. The action on Monday evening is simply to annex the property into City limits. Nothing else is involved in the action. Thank you, Anne Marie Skinner Senior Planner City of Caldwell Planning and Zoning 621 Cleveland Blvd. Caldwell, ID 83605 Direct Line: (208) 455-4662 Fax: (208) 455-3050 amskinner0ci.caldwell.1d.us From: Mark Zirschky[ma1Ito: mark0pioneerirrigation.com] Sent: Thursday, July 12, 2012 12:12 PM To: Anne Marie. Skinner Cc: Brent Orton; m rodriQuez@usbr.gov Subject: Case No. ANN-187-12 (Annexation of Public Right of Way) Please find the attached document that represents Pioneer's concerns related to the above referenced project. Mark Zirschky, Superintendent Pioneer Irrigation District (208) 459-3617 (208) 250-8481 r Pioneer Irrigation District P.O. BOX 426 • CALDWELL, IDAHO 83606 (208) 459-3617 www.pioneerirrigation.com July 11, 2012 Anne Marie Skinner, Senior Planner Caldwell Planning and Zoning 621 Cleveland Blvd. Caldwell, Idaho 83605 Email: amskinner@ci.caldwell.id.us RE: Case No. ANN-187-12 (Annexation of Public Right of Way) Dear Ms. Skinner: We received your notice of hearing on the above referenced annexation whereby the City of Caldwell requests to annex approx. 0.82 acres adjacent to the Heritage Charter School and encompassing the Lowline Canal, into the City limits and intended to be public right-of-way. Pioneer Irrigation District (Pioneer) is requesting that this land use be reconsidered, as the Lowline Canal and the Dixie Drain may potentially be impacted by the subject land being designated as public right-of-way. It is Pioneer's concern that once a property has been dedicated as public right of way, many uses may be allowed and placed within this area. Such uses that would interfere with Pioneer's use of our easement would be public pathways, private and public utilities, public roads, etc. Pioneer uses this easement to access not only the Lowline Canal, but also to access the Dixie Drain to perform routine maintenance on both facilities. Pioneer must perform activities within the easement of both the Dixie and the Lowline. This may involve blading, mowing, spraying, trenching, and placing spoils along the banks. All of these activities may be impacted or prevented by other uses that may be allowed within public right-of-ways. For the above stated reasons, Pioneer is asking you to exclude the existing easement along the Lowline Canal from property being proposed for public right-of-way. If you should have any questions or comments, please do not hesitate to contact me. Thank you for your consideration. Sincerely, r l� Mark Zirschky Superintendent cc: Brent Orton, City of Caldwell Engineer Canyon County Planning & Zoning P _a Bureau of Reclamation — Lupe Rodriquez r r Pioneer Irrigation District P.O. BOX 426 • CALDWELL, IDAHO 83606 (208) 459-3617 www.pioneerirrigation.00m April 19, 2012 Anne Marie Skinner, Senior Planner Caldwell Planning and Zoning 621 Cleveland Blvd. Caldwell, Idaho 83605 RE: P&Z Case #ANN-187-12 —Heritage Charter School Dear Ms. Skinner: We received your notice of hearing on the above referenced annexation whereby the City of Caldwell intends to annex approx. 0.82 acres adjacent to the Heritage Charter School into the City limits. The paperwork received with the notice indicates that the strip of land is to be dedicated public right- of-way and is to be used for a walk/bike path to connect the YMCA to Heritage Charter School. Please be advised that Pioneer Irrigation District does not necessarily object to the annexation, but we do have a strong objection to the intended use. Both the Dixie Drain and the Lowline Canal run along this strip of land. The Dixie Drain is a facility owned by the Bureau of Reclamation; however, Pioneer Irrigation District is under contract with the Bureau to maintain the drain. As such, access is required on the bank of the drain for personnel and equipment. Idaho Code provides for statutory easements for the purpose of cleaning and maintaining irrigation facilities. The easement for the Dixie Drain in this location is 110 ft. (55 ft. on each side of the center line of the drain). The easement for our Lowline Canal at this location is 16 ft. from top of bank on both sides. We currently utilize the Lowline easement to access both it and the Dixie Drain with personnel and heavy equipment. If a pathway for pedestrians and bikes is built on this strip of land within those easement dimensions, it will impair our ability to perform our contractual obligation for maintenance. Pioneer does access both sides of the canal and drain to maintain the facilities and mow/spray weeds multiple times per year. Currently, our access is from two spots on Illinois Ave as shown on the attached drawing. We are concerned that this access may be limited or completely stopped if a pathway is built. Additionally, on the topic of maintenance, please be aware when the canal and drain are cleaned, the spoils are often placed on the canal and drain banks. If there is a pathway built within the easement, the spoils may be placed on the path, ultimately damaging the path and creating a hazard for those using it. A pedestrian/bike path also poses a huge safety risk. Every year, irrigation districts around the state spend thousands of dollars to educate the public about the dangers of being in or near irrigation canals and drains. Surely you have seen the commercials on local TV stations warning people about swift flowing, cold water and facilities that are extremely hard to get out of. All of those advertisements ask people to educate their children on the dangers and keep them away from canals and drains. Like many other districts, Pioneer participates in those campaigns and even has an entire section on canal safety on our website to promote the same concept of staying away from canals and drains for safety reasons. Canals and drains are often very deep, accumulate dangerous debris, and the water is often very swift flowing and cold. The banks are typically either dirt or concrete, and both can be very slick, with little to hold onto if you jump or fall in. This makes it extremely difficult to get out. The location of the subject property is particularly troublesome to Pioneer in terms of safety, as the suggested use for pedestrian/bike travel will likely be mostly by children between the school and the YMCA. Children are particularly vulnerable to canal and drain dangers. It is additionally troublesome because of the configuration of the Lowline and Dixie Drain at this spot. The Dixie Drain runs under the Lowline Canal and often plugs up, causing the water to back up and run very high. This can happen in the drain year round, not just during irrigation season, making it a dangerous place all year long. As mentioned, we do not particularly object to the annexation, but would ask that the City reconsider the intended use or configuration of the property in the name of public safety. The City was involved in building a similar pathway in a different location on the Dixie Drain. That path was built outside the easement, providing a buffer between the path and drain. We believe it would be a much wiser use of the property to do the same thing here — build the path outside the easement. The legal description attached to the deed even references that the property is subject to all easements and right-of-way of record or implied. Irrigation easements fit that category and should be honored. Thank you for your consideration ,and if you should have any questions, please feel free to call me at 459-3617. Sincerely, �A l /I Mark Zirschky Superintendent CC.' Brent Orton, City of Caldwell Engineer Canyon County Planning & Zoning Bureau of Reclamation — Lupe Rodriquez WT. . W-r 46. d:LxI ,.� r'�' -7C a -,ii+ na �' 'V' #�•f,.• �`q � ,�- _ !' ',s t? — ,—l.�•i —�y .-fit i 1:. i dry'