Findings - CC - 1989 - - Vacate/Amendment Of Subdivision Plat/Eagle Ranch
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BEFORE THE CITY COUNCIL OF THE CITY OF EAGLE
In re: Application for
Vacation and Amendment of
Subdivision Plat, Robert
DeShazo and Rowland Jones,
Applicants.
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FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND DECISION
This matter having come before the City Council of the City
of Eagle, Idaho, on April 11, 1989, for public hearing pursuant to
public notice as required by law, to consider the application of
Robert DeShazo and Rowland Jones for the partial vacation of the
Eagle Ranch Subdivision No.2 plat and the approval of a
preliminary plat for Eagle Ranch Subdivision No. 5¡ and the City
Council having heard testimony from interested parties now makes
the following:
FINDINGS OF FACT
1.
Applicant has applied for the partial vacation of the
Eagle Ranch Subdivision No.2 plat, recorded in Book 37 of Plats,
at page 3121, Records of Ada county, Idaho, under Recorder's
Instrument No. 7518769, requesting Lot 2, Block 3, of said plat be
vacated and a preliminary plat for Lot 2, Block 3, entitled "Eagle
Ranch Subdivision No.5," be approved.
2.
All legal requirements for notice of public hearing have
been met.
3.
Relevant criteria and standards for construction of this
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application are set forth in Eagle City Code I 9-6-2, Vacations
and Dedications; Idaho Code I 50-1306A, Vacation of Plats,
Procedure; and Eagle City Code § 9-2-3, Preliminary Plat.
4.
The City of Eagle Planning and Zoning Commission
recommended approval of the application.
5.
The Eagle Ranch Subdivision No.2 plat designates Lot 2
of Block 3 as a playground.
6.
Some Eagle Ranch Subdivision No.2 property owners
relied upon the designation of Lot 2 of Block 3 as a playground in
determining to purchase property within said subdivision.
7.
The Eagle Ranch Subdivision No.2 Restrictive and
Protective Covenants grant Eagle Ranch Subdivision No.2 property
owners a right to and easement of enjoyment in subdivision common
areas, which areas are to be determined and designated in writing
and recorded.
Based on the foregoing findings of fact, the City Council
hereby makes the following:
CONCLUSIONS OF LAW
1.
Some Eagle Ranch Subdivision No.2 property owners may
have a right to or easement of enjoyment in Lot 2, of Block 3,
based upon the plat designation of such lot as a playground or
their reliance thereon; therefore, the City Council of the City of
Eagle hereby enters the following:
DECISION
1.
The recommendation of the City of Eagle Planning and
Zoning Commission in this matter, entered on March 6, 1989,
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recommending approval of the application is hereby rejected.
2.
The above-referenced application is denied at this time;
however, the City Council will, upon petition, reconsider the
application at such time as proof can be provided that Eagle Ranch
Subdivision No.2 property owners have no legal interest in or
right to Lot 2, Block 3. ~
DATED this ---1- day of "-t 'f\.,~
, 1989.
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CITY OF EAGLE ~
By ~
Mayor
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