Council approves vacation of unused utility easement at Treasure Valley Marketplace building

The Nampa City Council on May 4 approved the vacation of a portion of a 12-foot utility easement that currently appears to encroach through an existing building at Treasure Valley Marketplace.

What staff said: City planning and engineering staff told council the easement dates from an earlier replat and was not removed when lot lines changed during earlier development; the building was permitted and constructed with utilities routed around the structure, and the easement has not been used. The applicant seeks the vacation to clear title so the property can be sold.

Applicant and engineer statements: Attorney/representative Cornell Larson and engineer Pat Tealey explained the easement was an oversight from earlier platting, that the utilities were routed around the building when constructed, and that separate easements already exist for the utilities now in place. Tealey said, "there was never any utilities at all placed in that yellow area" shown on staff maps.

Outcome and next steps: Council approved the vacation by roll call; the motion carried unanimously. Conditions include compliance with future city codes and submission of legal descriptions of the vacated area for recordation. The action clears the title issue identified by the buyer's lender and allows the property transfer to proceed.

Quote (from meeting): "Vacating this easement is necessary because the easement is unused and unnecessary," staff said in the findings of fact. Engineer Pat Tealey: "There was never any utilities at all placed in that yellow area."