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Home My WebLink AboutORD 3214BILL NO. 22 ORDINANCE NO. 3214 2019-022187 RECORDED 05/23/2019 11:43 AM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII 00440790201900221870040041 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=4 EHOWELL NO FEE ORDINANCE CALDWELL CITY OF 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 unused public utility easements more particularly described in exhibit "A" and delineated on the attached map. 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. Section 4. PETITIONER shall incur all cost related to said vacation. Section 5. 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 6. 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 20th day of May 2019. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 20th day of May 2019. ATTEST: D C #CIe Mayor F \\ FOX LAND SURVEYS r•" i i •�N �1 i 1515 S. SHOSHONE ST. BOISE, ID 83705 208.342.7957 www.foxlandsurveys.com A Farc cf land berg the 3c-- bne- Easa7alsci Leis z 3 7, ar18, Bad( 7, S(yfWxh a-eruss G.Wer Riaa� 3, /acted mttin the Abrthvvel Q krter d' the 3ac.iheast Q.ral er d• Mian 25, Tcwd ip 4 /nth, fbxe3V14bst,rrxa-eptiaa ariydesri7odasfdlavvs Five (5) feet left and rift of theGorrrnn Bauncia y between Lcts2 a -d 3; Lots2 and 8; Lots8 and 7; and LDts 7 -v-)d 3, all of scy Finch Bbs Hess Ctitex Rye 3. 9619t QbD A -y portion thereof within five (5) feet of Iots4 aid 6; ten (10) feet of the S 3Tead ParWW rift -d -wad twenty (20) feet of the northerly suWmson bounday, a -d twenty (20) feet of the 9ipEtreemVlby rigrtt-f-way. 9b5 h C5 9(/ vIt Q.b b 16004-04-ESMT VACATION.docx �qNo\ 12464 70 9rF 0 F \oP 94RON P. R�� Page 1 of 1 C114CORSED25 BASIS OF BEARING wHP R&s.el• N00'4l'51'E 1324.92 CR2WiC®687 S. S1L!l:ED PARKWAY — — — — — — POINT OF DEONSNO III(I I } I O _ I O IiI)lk Rm—sa—DtvnamEDmNFstTtaol N $ s2 4265,70-- 290.02?R 30M NGESSEGESS (PLATTED MOMMBE5M16T)4 i I rrI(I I� � I�I 1 1 � Ii se£NDTE4 I S I I i SKY RANG BUSINESS c (( {, I I I i V � CONSO AT10N } CER PH. 3 e7 N) I PARCEL I ii \ 1aT.eg 176.62 (-t om 7•108U LCRES —x 7,1, 2404 m �\ p NOO.00v6'E 324.52 o I } (D1) z I 1 \\\ \\ O IM OO ISI 1 Rmllrurum,0RA1NACF ao.6D—I —I \\ ! FND 5T'�ISTURBED`I ANO WRIB=FSMT I I T.T7VPLATI-ED \ I IRESEf1aA1B) I I (RATTED -BEE NDTE 6) I I C3 i I T I R BEENOTE11 I I I \\ I I $ $ C— L_-- —I i DEIL. TA"A„ � I 123.29• MIS � 1 \ SOO' 21' 21'W 292.12' `` -}. aFfDETna•n � TB_rA- WAY C3 sEE DErna•B•r '--------------- -- C2--- W 0` NOT 7o SCALE SCALE: 1'=100' DETAIL "B" 1 I of I f NOT TO SCALE CURVE TABLE 1116CORSEC26 DELTA TANGENT CH. BEARING CR LENGTH s v4 caRSEcas xrr 3G I �'CRaODTpmp00 N00'4V 46"E 121J14' 61157 O 1542 6067 S01' irw ut w Q CIS C114CORSED25 BASIS OF BEARING wHP R&s.el• N00'4l'51'E 1324.92 CR2WiC®687 S. S1L!l:ED PARKWAY — — — — — — POINT OF DEONSNO III(I I } I O _ I O IiI)lk Rm—sa—DtvnamEDmNFstTtaol N $ s2 4265,70-- 290.02?R 30M NGESSEGESS (PLATTED MOMMBE5M16T)4 i I rrI(I I� � I�I 1 1 � Ii se£NDTE4 I S I I i SKY RANG BUSINESS c (( {, I I I i V � CONSO AT10N } CER PH. 3 e7 N) I PARCEL I ii \ 1aT.eg 176.62 (-t om 7•108U LCRES —x 7,1, 2404 m �\ p NOO.00v6'E 324.52 o I } (D1) z I 1 \\\ \\ O IM OO ISI 1 Rmllrurum,0RA1NACF ao.6D—I —I \\ ! FND 5T'�ISTURBED`I ANO WRIB=FSMT I I T.T7VPLATI-ED \ I IRESEf1aA1B) I I (RATTED -BEE NDTE 6) I I C3 i I T I R BEENOTE11 I I I \\ I I $ $ C— L_-- —I i DEIL. TA"A„ � I 123.29• MIS � 1 \ SOO' 21' 21'W 292.12' `` -}. aFfDETna•n � TB_rA- WAY C3 sEE DErna•B•r '--------------- -- C2--- W 0` NOT 7o SCALE SCALE: 1'=100' DETAIL "B" 1 I of I f NOT TO SCALE CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CH. BEARING CR LENGTH ct 121J14' 61157 O 1542 6067 S01' irw ut w Q CIS 5KW 00079= 2AV S00•dt3a"N 4.17 C1 5221' 50.67 071'5@52' %t7 SW4>•,.ly/ Ziir C4 1,1929 65.00 15 41 560.07 501101 W/ 167.47 ES 1sT 5654V 66711= oar 81577 1sT NOTES 1, THE RECORDING OF THIS RECORD OF SURVEY DOES NOT ENABLE THE OWNERS OF THE PARCELS TO CONVEY OWNERSHIP BASED SOLELY ON THIS MAP. A WRITTEN CONVEYANCE MUST ACCOMPANY SUCH CHANGE IN OWNERSHIP. THIS RECORD OF SURVEY DOES NOT SERVE AS A LEGAL DESCRIPTION FOR THE PROPERTY SHOWN ON THIS MM, 2. FOX LAND SURVEYS, INC, ASSUMES NO LIABILITY FOR CURRENT OR FUTURE COMPLIANCE WITH APPLICABLE PLANNING AND ZONING ORDINANCES ANDIDR RESTRICTIONS, 3- THE INT ENR OF THIS SURVEY IS TO DEPICT THE CONSOLIDATION OF LOTS 2, 3, S. AND THE REMAINDER OF LOT 7 -AS ALTERED BY WARRANTY DEFO 2017.033603 - INTO A SINGLE PARCEL 4. THE EASEMENTS CREATED ALONG THE INTERIOR LOT LINES BY THE PLAT OF "5KY RANCH BUSINESS CENTER PHASE SWILL BE VACATED BY SEPARATE PROCEEDINUS. THE ACCESS EASEMENT WILL REMAIN. S PLEASE REFER TO THE RAT OF'SKY RANCH BUSINESS CENTER PHASE Y (I.N. 2008048788) FOR SPECIFICS ON RESERVED EASEMENTS. 6. THIS PROPERTY IS SUBJECT TO THE TERMS AND CONDITIONS OF AOEVELCPMENT AGREEMENT WITH THE CITY OF CALDWELL (I.N. 200607924} 7. PORTIONS OF THIS PROPERTY ARE SUBJECT TO THE TERMS AND CONDITIONS OFTHE -COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (LN. 200609196), AND AS AMENDED (I.N.'S: 200616599, 200549173, 2DO6099458, 2D74010784} 8. THE LOTS OF "SKY RANCH BUSINESS CENTER PHASE.3 ARE SUBJECTTO A BLANKET IDAHO POWER UTILITY EASEMENT(LN. 425011} 9. THIS PROPERTY IS SUBJECT TO AN AGREEMENT WITH THE CITY OF CALDWELL TO CONSENT TO THE "CALDWELL INDUSTRIAL AIRPORT OVERLAY ZONE', IF ADOPTED BY THE CIN. CONTACT THE CITY OF CALDWELL PLANNING AND ZONING FOR ZONING STATUS. 10. NOTE 6 ON THE RECORDED PLAT OF SKY RANCH BUSINESS CENTER PHASE 3"SAYS I4 PART THAT'ACCESS OVER SAID LOT 1 TO LOTS 2 8 3 AND LOTS 4 S S IS RESTRICTED TO THE INGRESSIEGRESS EASEMENTS SHOWN HEREON." HOWEVER TIE ACTUAL LOCATION OF THE EASEMENT SURDENe:G LCT 1 IS NOT PHYSICALLY EXTENCEMEUNEATED OVER TFIE PORTION OF LOT 1 AS IS INDICATED BY SAID NOTE 6. 11. THE MONUMENT FOUND AT THIS LOCATION IN 2016, AND DEPICTED ON RECORD OF SURVEY INSTRUMENT NO. 20161113843, WAS DESTROYED AND A WATER METER PLACED AT ITS LOCATION. IT IS NOW WITNESSED BY THE RIGHT-OF-JJAY CENTT:RLIN£ MONUMENT AS SHORN 12 REFER TO RECORD OF SURVEY 201E-013843 FOR ADDITIONAL DETAILS. LEGEND EXTERIOR BOUNDARY INTERIOR LOT BOUNDARY — — — SECTION --- ---- 1RSECTION — U10 SECTION — — — RECORD ADIOPIER PARCEULOT BOUNDARY CENTERLINE ------------ RECORD EASEMENT — — — — — — RIGHT-OF-WAY — TODETAL hi FOUND BRASS CAP MONUMENT N FOUND ALUMINUM CAP MONUMENT O FOUND 5m' RERAR WITH CAP VNIP RS 1 W2B' OR AS NOTED O FOUND 1fr REBAR NO CAP UNLESS OTHERWISE NOTED • SET 59'REBAR PLASTIC CAP CALCULATION POINT, NOTHING FOUND OR SET ® LOT NUMBER C BET CAP ON FOUND 518• REOAR(NO CAP) CR CORNER RECORD INSTRUMENTNUMBER COR CORNER ESMT EASEMENT FND FOUND I.N. INSTRUMENT NUMBER CANYON CO. RECORDS NW NO CAP ON FOUND MONUMENT ROS RECORDOFSURVEV SEC SECTION REFERENCES PIAT OF "EAST CALDWELL URBAN RENEWAL, PHASE V. LN. 20MI6838 PLAT OF "SKY RANCH BUSINESS CENTER, PHASE 3", I.N 2006045796 ROS FOR RALPH SMEED. I.N. 200036050 ROS FOR INDUSTRIAL BUILD -ERS, I.N. 2014020929 FOS FOR THE STRIDER GROUP, 1.4.2016-013843 GENERAL WARRANTY GEED 1.14, 2017-049143 WARRANTY DEED I.N. 2017-033603 (CUL -DE -SIG) I, AARON P. RUSH, DO HEREBY CERTIFY THAT I Apt A PROFESSIONAL LAPD SURVEYOR. LICENSED BY THE STATE OF IDAHO, AND THIS MAP HAS BEEN PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER My DIRECT SUPERVISION, AND IS AN ACCURATE REPRESENTATION OF SAID SURVEY. IT IS IN CONFORMITY WITH THE CORNER PERPET UATION AND FUND ACT, STATE OF IDAHO CODE 551501 THROUGH 55-1612 AND TO THE IDAHO CODE- RELATING TO SURVEYS. INDEX# 434.25.2-0-042-04 FO 07L1RYJ11tA'd AL CERTIFICATE NO= avaTar CERTIFICAT'ON AND CERTIFY AS USED HEREIN MEAN , p a G 4 TO STATE OR DECLARE A PROFESSIONAL OPINION OF y IGI}/j'1}{(I(G 11 CONDITIONS REGARDING THOSE FACTS OR FINDINGS, WHICH ARE THE SUBJECT OF THE CERTIFICATION. 0�3-`17�`1'dIS OiINAL OI�->Q E AND DOES NOT CONSTITUTE A WARRANTY OR jA §IFP GUARANTEE, EITHER EXPRESS OR IMPLIED. FO 9 Rb • INC. CERTIFICATE OF S I, AARON P. RUSH, DO HEREBY CERTIFY THAT I Apt A PROFESSIONAL LAPD SURVEYOR. LICENSED BY THE STATE OF IDAHO, AND THIS MAP HAS BEEN PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER My DIRECT SUPERVISION, AND IS AN ACCURATE REPRESENTATION OF SAID SURVEY. IT IS IN CONFORMITY WITH THE CORNER PERPET UATION AND FUND ACT, STATE OF IDAHO CODE 551501 THROUGH 55-1612 AND TO THE IDAHO CODE- RELATING TO SURVEYS. INDEX# 434.25.2-0-042-04 MEMORANDUM TO: Caldwell City Council Meeting Date May 20 —92019 AGENDA ITEM INFORMATION SUBJECT. vacation of Unused Public Utility Easement — 1802 & 1822 Slipstream Way and 1803 & 1823 Smeed Parkway Waive three- reading requirement Department Submittals x to Initials mark Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works X Street Department Water Department W WTP Engineering Mapping COSTIMPACT. N/A Parks and Recreation FUNDING SOURCE: N/A Airport Information Systems TIMELINE: N/A Golf Course OTHER: SUMMARY STATEMENT: Aaron Rush on behalf of Eiron Schofield requests vacation of undeveloped public utility easements: parcel being the sideline easements of lots 2, 3, 7 and 8, Block 7, Sky Ranch Business Center Phase 3, Canyon County, located in the NW X SE % of Section 25, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, County of Canyon County, State of Idaho, being more particularly described in exhibit "A" and is delineated on the attached map. The purpose of the vacation is to prepare the parcel for future development. Public utilities were notified and have no objections to the easement vacation. The proposed vacation does not create any landlocked parcels. RECOMMENDED ACTION. It is the recommendation of the Public Works Director that Council consider the proposed vacation.