The URL can be used to link to this page

Easement - Ada County Highway District - 1990 - Carpenters Third Addition - Vacation of Public Right of Way ,J .-J [ ~. r & f ¡ t ~ i ¡; ~ ~ ~ ~ ~ ~ . I w '" ,. I" . . . ;¡ ,..,.~....-~..",. . #, t;A 'P RECE1VED. JUt! ~8 ;SSG 'I.~U,",..,r"""" CITY OF EAGLE Coul1C'il: Steve Hammons Thor!,..> I.Mow Gary Walker RicX Yzaguirre Mayor. Steve Gueroer P.Q. Box 4ïi Ea~I(. IJJho 83616 939.6813 June 27, 1990 \ C.M. Smith, Chief Right-of-Way Agent Ada county Highway District 318 East 37th Street Garden City, Idaho 83714 Dear Mr. smith: The Eagle Planning and Zoning Commission and th~ Eagle City Council have reviewed the request for vacation of the alleys in Carpenters Addition and Carpenters Third A~dition and vacation of South Third Street in the Southwest Quarter of Section!9 in Carpenters Additi,on. This letter is to inform you of unanimous agreement in support of the requested vacation of the alleys. In addition, both the Commission and Council concur with the request for vacation of South Third street, but with the stipulation that all 60 feet of right-of-way be granted to the city of ~agle. . As a right-of-way originally intended to benefit the public through construction of South Third street, the city feels it is appropriate to carry out a vacation that would continue to be to the public good. Because this right-of- way is adjacent to City of Eagle property, granting the full 60-foot section to the city would allow for a badly needed parking lot addition, for vehicular access to the rear of the Eagle City/Community/Senior Citizens Center and for pos~ible building expansion of the facility as necessary in the future. . At the time the city of Eagle was originally approached on seeking vacation of South Third street, it was told the purpose for the request was to avoid construction costs that would not benefit or proviae access to commercial property being considered for development east of the South Third street right-of-way. The City was supportive on that basis and, because the issue was never raised, made no commitment on usage of the vacated right-of-way. '..; -----._~------ ~ k ~ ~ ,. c [ ~ " " , . ~ ~ ~ I ~ It :Ii ~ ¡ I :. .t ! . } ~: " . ,~. ~. ., "'. .., - " - -.. - .. --- .-'" . .. -. - . ~.~ , - . . . Page 2 Subsequent deliberations and decisions by the City to seek the full 60 feet of right-of-way from the Ada County Highway District came from a belief such an action would continue to benefit the current owners of the land (the public) while alleviating additional expenses for the landowner seeking the vacation. \ Thank you for your consid~ration of this request. Sincerely, ~~ MAYOR City of Eagle . . ~I()\J I '()\J '~ II í æ IS 01.7 S -mEET 71 ' II SI & w ... "" WEST ~ :()\J RI298t Uø!8 i I~ s .. Is 8 Rt2lle11 5 R37~ STATE STIHJ" ~~[IJ1[]~ I , . ~ï\ I I ----<~ "- 2. SIi!5ØQ34B7œ AMANn A ~ SfiS9315190 sese931 ~ -£:. ~ seÐil315t91 ~~ ~ ~l -- ----------- Sì A 7¡ ~ ~ L' ...J... ¡ . fJ.- ' , ~' r} " ;~ If '~ ;-. 0,9 .- " , ~'" , .'" & ' ' '~ ~'I' > /,,1' ~ ,~; ~ ,1 \ ~ ~. ~ ' - -.r;A' \"\.-;~. ~ o¡ I ' ~'~~ t>V " ~~~ ~.. '.,j'-' ',~<rJ' ' --<~r ....... 'Br ~¡ r O~7:~f ~ I ; ~ ~ "~/I~ 'J.S ONO:J3S: .~ ¡ :'" ¡}: r-', :- i ~ \t) P,"-J' ~ l' ... ~ '" ., '>1~ . ~ ;z Oc ... on <' .Pi/ ~ '" <, ",. ~ 0' ,;! Žf ~- ~ ~ :E c ,zcw~ ~ ' ~ ,&. ~ '" ~ It) ! :/' .. III ~ '" ,;. ~ l\ "1 ~ 0; " ~ ., .>; ~ 0 .. T/' ~ Ji .. <L I ., / " 01 " =/ " NO:J3S '0 ~ '<\ ... ~,,~,~ ~ ~r, '" " c: zþ; ., ,;:-,"", t CO g , ~ ... ..oa.o I- ~cn , C'¿[/ ~ ":I ~ Q£ s - ? ~ ,i on >rc; 9... 6. "oJ. bOQ/ C'>. ' '" c, :', ...... , ,'0 I.:. ~ "".Z"A/~ J 0 ;x: <t, 0 1<'6 ð¡ÞF' Hj".::pr 1"rr-, --. "-I\- . ~.. ~i ~"' : '- ~ 06 ~ ~'" ~ 10 °6' 06' °6 0'; ~ /OJ ~ ,- ,~ 'I ~ 'S' ,7'" r. ¿1,;) ~ ~ " " I?p/ Q:.~ ~ ~ ~ .. ,'/ ".,. ~ ~'o ~ \>" ~ '!- "" ~ ~ ~ r~¿~. ~ -fJ.tfo~ ~le\'J ..,¡:: -~ OJ' " ~-~ '/"".F.,... ,,', ~ ~ ., 't ";" , '< '" ;. "', "'~, ---- , , ~ ~ :- ,', Q '~ '<: "'0 I,-//'.,.. l' <. ~ ç' I "h, i /: . ~ ~ ~ øt" ~'~', ' <1/,7/, ~'Ø/ ' -"'~~~~-G9--", ; 'f' "..~ ~ lr @ \ ~é4:i4~~;~~:íf'!i-';'_' ., ' VACATION OF PUBLIC RIGHT-OF-WAY Pursuant to the Idaho Code, the Board of Commissioners of the Ada County Highway District, a Body Politic and Corporate of the State of Idaho, having convened in a Regular Meeting of the Ada County Highway District on the 5th day of July, 1990, have authorized by the duly adopted resolution, the release, vacation and abandonment of the following described public rights-of-way located in the City of Eagle, County of Ada, State of Idaho, t~-wit: Vacation - Alley lying in Carpenters Third Addition; Alley lying in Carpenters Addition; and South Third Street lying in the sW\ of Section 9, T.4N., R.IE., B.H., Ada County, Idaho. Parcel No. I A strip of public right-of-way more commonly known as a portion of South Third Street lying in Carpenters Addition, a Subdivision, according to the official plat thereof, filed in Book 3 of Plats at Page 117, records of Ada County, Idaho and situated in the SW~ of Section 9, T.4N., R.lE., Boise Meridian, Ada County, Idaho, more particularly described as follows: The South 261. 00 feet of South Third Street lying parallel and adjacent to the Easterly boundary line of Block 5 of said Carpenters Addition, said parcel containing .3595 acre, more or less. AND ( Parcel No.2 A strip of public right-of-way more commonly known as the 16.00 foot wide public alley located in Block 5 of Carpenters Addition, a Subdivision, according to the official plat thereof, filed in Book 3 of Plats at Page 117, records of Ada County, Idaho and situated in the SW~ of Sec t ion 9, T. 4N., R. IE., Boise Merid ian, Ada County, Idaho, said parcel containing .11019 acre, more or less. AND Parcel No.3 A strip of public right-of-way more commonly known as a portion of South Third Street lying in Carpenters Third Addition, a Subdivision, according to the official plat thereof, filed in Book 4 of Plats at Page 156, records of Ada County, Idaho and situated in the SW~ of Section 9, T.4N., R.lE., Boise Meridian, Ada County, Idaho and more particularly described as follows: The North 121. 00 feet of South Third Street lying parallel and adjacent to the Easterly boundary line of Block 6 of said Carpenters Third Addition, said parcel containing .1666 acre, more or less. AND Parcel No.4 A strip of public right-of-way more commonly known as the 16.00 foot wide public alley located in Carpenters Third Addition, a Subdivision, according to the official plat thereof, filed in Book 4 of Plats at Page 156, records of Ada County, Idaho and situated in the SW~ of Section 9, T.4N., R.lE., Boise Meridian, Ada County, Idaho, more particularly described as follows: The certain 16.00 foot wide alley lying parallel and adjacent to the North boundary line of Lots 1, 2, 3, 4, 5 and 6, Block 6 of said Carpenters Third Addition, said parcel containing .11019 acre, more or less. SUBJECT TO RETENTION of public/private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right- of-way. Costs associated with replacement/relocation of existing easements and facilities shall be borne by the applicant with approval of applicable utility/agency. SUBJECT TO RETENTION of PERPETUAL EASEMENT in favor of IDAHO POWER COMPANY, P.O. Box 70, Boise, Idaho 83707 for existing 69,000 volt transmission line and 12,500 volt distribution lines located within the above described rights-of-way, together with the rights of ingress/ egress necessary to maintain, repair, reinforce and replace existing VACATION OF PUBLIC RIGHT-OF-WAY - 1 electrical facilities. Costs associated with replacement/relocation of existing facilities shall be borne by the applicant with approval of Idaho Power Company. SUBJECT TO RETENTION of PERPETUAL EASEMENT in favor of U. S. WEST COMMUNICATIONS, P.O. Box 7888, Boise, Idaho 83723 for existing aerial communication cables in Block 5 of Carpenters Addition and buried communication cables in South Third Street, together with the rights of ingress/egress necessary to maintain, repair, replace and reinforce existing communication facilities. Costs associated with relocation/ replacement of existing facilities shall be borne by the applicant with approval of U. S. West Communication. SUBJECT TO RETENTION of PERPETUAL EASEMENT in favor of EAGLE SEWER DISTRICT, P.O. Box 368, Eagle, Idaho 83616, for existing sanitary sewer systems located in above described alley in Carpenters Addition, together with the rights of ingress/egress necessary to maintain, repair, reinforce and replace existing sanitary sewer facilities. Costs associated with replacement/relocation of existing facilities shall be borne by the applicant with approval of Eagle Sewer District. The said premises, together with their appurtenances are herewith released, vacated and abandoned unto the adjoining and abutting real property in accordance with the provisions of Section 50-311 of the Idaho Code, as follows: PARCEL NO.1 Unto The CITY OF EAGLE, a Muncipal Corporation, P.O. Box 477, Eagle, Idaho 83616. PARCEL NO.2 One-half (~) to each, unto the adjacent and abutting property owners in Block 5 of Carpenters Addition. PARCEL NO.3 Unto the adjacent and abutting property owner of Lot 6, Block 6 of Carpenters Third Addition. PARCEL NO.4 Unto the adjacent and abutting property owners of Lots 1, 2, 3, 4, 5 and 6, Block 6 of Carpenters Third Addition. IN WITNESS WHEREOF, the Board of Commissioners of the Ada County Highway District, having convened in official meeting held on the 5th , day of July, 1990, and having been duly authorized, do herewith release, vacate and abandon the hereinabove described public rights-ot-way as recorded in the official minutes of said meeting, now on file in the office of the Ada County Highway District, 318 East 37th Street, Boise, Idaho 83714. ADA COUNTY HIGHWAY DISTRICT By: """"-'."","','<" , :;,' VACATION OF PUBLIC RIGHT-OF-WAY - 2 STATE OF IDAHO ) ) ) ss. COUNTY OF ADA On this 9th day of August, 1990, before me, a notary public in and for the State of Idaho, personally appeared DWIGHT V. BOARD and J. CHRIS SCHWARZHOFF, known to me to be the President of the Board of Conunissioners and Director, respectively, of the Ada County Highway District, that executed this instrument, and acknowledged to me that they executed the same for and on behalf of said Highway District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ry Public for the State siding at Boise, Idaho Expires: tf- 2.-2..-9/ 90~2658 ADA COUNTY, IDAHO FORAda County Highway District ER 9- VACATION OF PUBLIC RIGHT-OF-WAY - 3 ) , , . . :/', - -- ,