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HomeMy WebLinkAboutORD 3119 2017-044220 RECORDED 10/12/2017 12:25 PM 11 111111 JIll II 1111111 1111 00329079201700442200050059 CHRIS YAMAMOTO BILL NO. 38 CANYON COUNTY RECORDER Pgs=S SDUPUIS NO FEE ORDINANCE ORDINANCE NO. 3119 CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION OF EASEMENTS AND RECITING APPROPRIATE NOTICE WAS GIVEN TO PUBLIC UTILITIES; DETERMINING THAT VACATION OF SAID EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID EASEMENTS ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. DESCRIBED HEREIN, This ordinance is to vacate an easement situated in the northwest quarter of Section 12, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho,more particularly described in exhibit"A"; Section 1. That an application has been presented to the Mayor and Council of the City of Caldwell, Idaho,requesting passage and approval of an ordinance vacating the above described easements located in Caldwell, Canyon County, Idaho. Section 2. That Council finds the owners of all properties abutting easements vacated by this action, have access to his,her, or their property from some other public street,public right- of-way or private road; Section 3. That said easement(s)do not contain public or private utility lines that cannot feasibly be relocated or retained through the establishment of appropriate easements,which are to be created and recorded by separate instruments. a. PETITIONER shall incur all cost related to said vacation. b. This vacation is contingent upon receiving final written approval to vacate from Centurylink Section 4. That it is hereby determined it is in the best interest of the public that the above-described easement in the City of Caldwell, Canyon County, Idaho be vacated. Section 5. This ordinance shall be in full force and effect from and after its passage and publication according to law and compliance with all conditions prescribed herein. Section 7. Be it ordained and established that the above-described premises in the City of Caldwell, Canyon, County, Idaho, upon vacation shall pass and revert to the private property owner. PASSED BY THE COUNCIL of the City of Caldwell, Idaho,this'ZncVday of ,2017. APPROVED BY THE MAYOR of the City of Caldwell, Idaho,thisnd J day of , 2017. 1141$4tAL Mayor AT EST: \, 1)\___ City Clerk CITY 4,• •••.•.•• O.o ovf- = z . '•� = y• o G=o% fir••••••••• #",,,• IDAHO "'"'••' Windsor Creek Subdivision No.3 City of Caldwell Turn-Around Easement Boundary Description Project Number 10-13-031 January 14,2014 An easement situated in the northwest quarter of Section 12,Township 3 North, Range 3 West, Boise Meridian, City of Caldwell,Canyon County, Idaho,being more particularly described as follows: Commencing at the southwest corner of the northwest quarter of Section 12,Township 3 North, Range 3 West,Boise Meridian; Thence N00°39'35"E,266.04 feet along the west line of the northwest quarter; Thence S89°20'25"E, 174.06 feet to the POINT OF BEGINNING: Thence continuing S89°20'25"E, 52.00 feet; Thence S00°39'35"W, 10.00 feet; Thence S89°20'25"E,38.00 feet; Thence S00°39'35"W,40.00 feet; Thence N89°20'25"W,50.00 feet; Thence S00°39'35"W,50.00 feet; Thence N89°20'25"W,40.00 feet; Thence N00°39'35"E, 100.00 feet to the POINT OF BEGINNING. The above-described easement contains 0.14 acres,more or less. et 0 15 30 SCALE IN FEET S89'20'25"E 174.06' POB I S89'20'25"E 52.00' S0'39'35"W -17-10.00' 1289'20'25"E 38.00' -10 O O I I u7 O M O at I o M O 0 w !n J In r N89'20'25"W 50.00' 7) o ro O O ci 0 z in M oI Turn-Around M cti 1 Easement o to 0 NI N w L J In N89'20'25"W 40.00' to b a z I I I /4 i LAND S A 'jam'•••• 1113n Xl /' � � £o FX42 12 .4a S. % 11 / - W 1/4 0.Eit)13-030....mom Windsor Creek Subdivision No. 3 SHEET T4.1 AM MA wsTRoNT.NW TA 0010OEM MR.E.Ro E AEN. 040000JOB fROJ f 1P1)� �� .1414 414IM,T.DVE"T x040 aNO'D"N,LO Po AtTW......AT ) Turn-Around Easement Lt wet°T f PROJEC VITIO TOT(...R INMUTT DR.N1T DRAMI W NM spm OR DT111A.0...0.S MM1OU,TM:...REIN M11TTE" GES1G.ET MM "— P"Tf10"w�MOf'y'A"�'A""'E" ..ECIM0T:Mn Located in the northwest quarter of Section 12, 1-U-11 ENGINEERS,INC. Township 3 North,Range 3 West,Boise Meridian itol RPIWION DESCRIPTION BY lwRI D..kTFLAST,FMTED 1n um.. Homedatp --- 3 ,--, -1 . -- \ -__ - C 2 Dayside L pe5b e L Tricia CO 00 .__, - c oo L y `° Alexa w • Alicia y,--- . \ .2 Hayes 8 I Y. v 12 — --x — cu 3 Fairlight a Q -')Adelaide y 1 111 1WINDSOR CREEK#4 VACATION REQUEST --. .— 2 PROPOSED SUBDIVISION AREA `_' . `_ 1 1, \ I 111111 ) C Moss J-U-B ENGINEERS, INC. s- AgN WINDSOR CREEK SUB NO. 4 Project: Windsor Creek 250 S Beechwood Ave, Ste 201 CALDWELL, IDAHO Updated: 07/31/2017 Boise, ID 83709-0944 1 C N App: Vacation of Esmnt Phone: 208-376-7330 Created by: KSW Fax: 208-323-9336 I', w A 1 inch = 500 feet VICINITY MAP www.jub.com Tammy Frans From: Ruettgers, Kim [Kim.Ruettgers©CenturyLink.comj Sent: Thursday, September 21, 2017 1 57 PM To: Tammy Frans Cc: kent brown Subject: RE: Returned Certified Mailing I have submitted this to our ROW team. We should be could to vacate this easement. I am not sure why it got returned unclaimed. Who was it addlressed to? You can send to me: CenturyLink Attn: Kim Ruettgers 3110 Commercial Way Caldwell, ID 83605 Thanks, Kim From: Tammy Frans [mailto:tfrans@cityofcaldwell.orq] Sent: Tuesday, September 19, 2017 4:24 PM To: Ruettgers, Kim Cc: kent brown Subject: Returned Certified Mailing Hello Kim First, you have been a tremendous help getting replies back to the City of Caldwell so easement and ROW vacation requests can move forward. Your help has made a huge diffE rence. Thank you. Attached is the last request I sent to you by certified mail. It was returned unclaimed. Could you help this one along also? Is there a contact name and address that you prefer I send these too in the future? Again, Thank You! cALDWELL SECRETARY FOR CALDWELL PUBLIC WORKS DIRECTOR TAMERA FRANS 621 Cleveland Blvd•Caldwell,ID 83605 www.cityofcaldwell.com•(208)455-4734 tfrans@cityofcaldwell.org This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Brent Orton,Public Works Director Tamera Frans,Administrative Assistant RE: Vacation of Public Utility Easement—Windsor Creek Turnaround Request by JUB Engineers—Kristi Watkins DATE: Oct. 2, 2017 Request: Vacation of Public Utility Easement- Windsor Creek Turnaround Waive three- reading requirement Request by Kristi Watkins of JUB Engineers to vacate a temporary turnaround easement that was mistakenly recorded as permanent. Therefore,they are required to go through the vacation process. This easement situated in the northwest quarter of Section 12, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described in attachments; Public utilities were notified and have no objections to the easement vacation. The proposed vacation does not create any landlocked parcels. Attached for consideration of City Council is a proposed ordinance which, if approved, would vacate the easement listed above in accordance with the applicant's request. The applicant would like this request to be passed on the first reading. The following exhibit is provided with this memo: 1. Exhibit"A"Legal Description of Vacation 2. Exhibit"B" Site map of vacation It is the recommendation of the Public Works Director that Council consider the proposed vacation. CITY OF 007007044 ALDWEL 6a/dt1oe4; 9-(41h0 C4 roawo vr August 22,2017 GARRETNANCOLAS Meyer C,ty Mgt Post Office Box RE: Vacation of an easement situated in the northwest quarter of Section 12, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon w`bu`` County,Idaho,more particularly described in exhibit"A"; In the event that you have already responded to a request respecting this easement or Right-of-Way, please reaffirm your authorization in response to this certified request(pursuant to Idaho Code S0-1306A). /Plea/Please Check One: se have no Utilities within the described easement to be vacated. • We have Utilities within the above described easement to be vacated and require easements to support continued use and/or relocation of such utilities. Please specify: le (Signature) (Title ( J 6)/ 7 (Date) Caldwell Engineering Department c/o Tamera Frans,Administrative Assistant Attachments Windsor Creek Subdivision No.3 City of Caldwell Turn-Around Easement Boundary Description Project Number 10-13-031 January 14,2014 An easement situated in the northwest quarter of Section 12,Township 3 North,Range 3 West, Boise Meridian,City of Caldwell,Canyon County, Idaho,being more particularly described as follows: Commencing at the southwest corner of the northwest quarter of Section 12,Township 3 North, Range 3 West, Boise Meridian; Thence N00°39'35"E,266.04 feet along the west line of the northwest quarter; Thence S89°20'25"E, 174.06 feet to the POINT OF BEGINNING: Thence continuing S89°20'25"E, 52.00 feet; Thence S00°39'35"W, 10.00 feet; Thence S89°20'25"E,38.00 feet; Thence S00°39'35"W,40.00 feet; Thence N89°20'25"W,50.00 feet; Thence S00°39'35"W,50.00 feet; Thence N89°20'25"W,40.00 feet; Thence N00°39'35"E, 100.00 feet to the POINT OF BEGINNING. The above-described easement contains 0.14 acres,more or less. 0 15 30 • 0111=1.11111.111//1 SCALE IN FEET S89'20'25"E 174.06' POB4aL S89'20'25"E 52.00' ' S0'39'35"W 7-10.00' 1289'20'25"E 38.00' —Io 0 0 <r I 3 I o 1 0 I o in 0 0 w Cl, = J in I-N89'20'25"W 50.00' rn O b o o O Z uo Io In a I Turn–Around ID o Easement 'Mo coca I 0 N I fn w • L J ill r) N89'20'25' 40.00' rn r7 b 0 Z I I I /x-4.4 LAND s O El- 11 4 V)//57 c n 1 1 1 12 C,ygFC $ 0 W 1/4 MAC.WANDDE'""" "`I 10, E" Windsor Creek Subdivision No. 3 .. WSTRI IEMTO ME OW AND BO 4S.IS NE ROPE TY Of JUB PNW=,0.,141+ l— SHEET A=41WBTRWIEM Or AND LS NOT USES.IN NEPROPERTYOR JLiOrOTNENPRANORNOTTOOEUBEO.MMiTTEN PMT OMwNBy-M. f1 Turn-Around Easement FDA ANY Or1KN PROJECT EWIMIUTNGWEE TME EJWNEBB W0.1*1E1, 4JJJ10AW J1(Yl Of J4J EMG�1EfM.R °MON BY SOP �CNECNE@e+E"' Located in the northwest quarter of Section 12, 11 I-U-B ENGINEERS,INC. Township 3 North,Range 3 West,Boise Meridian X10 NEYFBION OE.,{'(fIJp11pJ 1@v MA�DArE usr uPwTEu+nveou O / . . CO r. – � 2 1-----,nmad le— __. - •c _ —____, _ _Ill 1 _. i Dayside I ,-De .tile L Tricia 0o 1.1-,...1 0 L._., 'n ( y ro � Alexa w W a { AiiC \ '\-- . Hayes \ m E t as J FairIght `t L. I '( -)Adelaide,I'. , I flWINDSOR CREEK #4 I VACATION REQUEST 1... [ I PROPOSED SUBDIVISION AREA %a.. ......1 r �. . - Liana L Moss J-U-B ENGINEERS, INC. WINDSOR CREEK SUB NO. 4 Project: Windsor Creeks 250 S Beechwood Ave, Ste 201 s C. CALDWELL, IDAHO Updated: 07/31/2017 Boise, ID 83709-09440 ins N App: Vacation of Esmnt Phone:208-376-7330 1 inch = 500 feet VICINITY MAP Created by: KSW Fax: 208-323-9336 g co www.jub.com we