HomeMy Public PortalAboutOrd. 905 - Parcels West of Ski Ranch AnnexationInstrument* 373124
VALLEY COUNTY, CASCADE, IDAHO
11-1-2012 01:40:52 No. of pages: 21
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY : 0.00
ORDINANCE NUMBER 905,E - aRoroer
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE IMPACT AREA OF
THE CITY OF McCALL, IDAHO, AND WHICH LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS THEREOF, ESTABLISHING THE ZONING
CLASSIFICATION UPON ANNEXATION OF PROPERTIES AS RURAL
RESIDENTIAL (RR) OR LOW DENSITY RESIDENTIAL (R4); AND DECLARING
THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW,
BE A PART OF THE CITY OF McCALL, COUNTY OF VALLEY, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF
IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF McCALL, IDAHO; AND
DIRECTING THE CLERK OF THE CITY OF McCALL TO FILE A CERTIFIED COPY
OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH VALLEY
COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE
TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE
SECTION 50-223 AND SECTION 63-2215; PROVIDING FOR RELATED MATTERS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly
organized and operating under the laws of the State of Idaho; and
WHEREAS, the City of McCall, Valley County, Idaho, is authorized to annex real property
through the category A annexations process in the manner provided by Idaho Code §50-222;
and
WHEREAS, according to the provisions of Idaho Code §67-6511 the City of McCall, Valley
County, Idaho, is authorized to establish within its jurisdiction one or more zones or zoning
districts where appropriate; and
WHEREAS, the annexations of the subject parcels qualify for Category A because the parcels
are residential enclaves of fewer than 100 parcels, zoned for residential purposes and entirely
surrounded by incorporated area; and
WHEREAS, City Code of McCall Title 3.13.06 provides the methods by which to establish
zoning upon annexation; and
WHEREAS, on March 16, 2006, the McCall City Council created a RR zone intended to permit
the development of rural residential neighborhoods consisting with maximum density of one unit
(1) units per ten (10) acres and a R4 low density residential unit consisting with a maximum
density of four (4) units per acre; and
WHEREAS, the City of McCall conducted a review of all City annexation ordinances and
discovered that seven parcels are rural residentially zoned property within the Impact Area are
enclaved parcels which have not yet been annexed into the City of McCall.
Ordinance No. 905
October 25, 2012
Page 1 of 21
WHEREAS, the City of McCall would like to continue the same RR rural residential and R4 low
density residential zoning designation for the properties as when they were in the Impact Area
(Valley County); and
WHEREAS, the rural residential and R4 low density residential zone is generally in conformity
with the McCall Comprehensive Plan; and
WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice
procedure, held a public hearing on September 11, 2012 for purposes of hearing this zoning upon
annexation application. At that time, the Commission heard testimony on the proposed zoning
upon annexation land use application, made findings of fact and conclusions of law as required
by law, and recommended to the McCall City Council that the requested zoning upon annexation
be approved, subject to conditions of approval; and
WHEREAS, the McCall City Council held a public hearing on October 25, 2012 on the proposed
zoning upon annexation, made findings of fact and conclusions of law as required by law,
finding that the zoning upon annexation application is generally in accord with the policies of the
McCall Comprehensive Plan and in the best interests of the citizens of the City of McCall.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the zoning upon annexation of the certain real property, described in Exhibit A and
depicted in Exhibit B, does not require an amendment to the Comprehensive Plan.
Section 2: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the real property described in Section 1 of this ordinance is a residential enclave
which is contiguous or adjacent to the city limits of the City of McCall, and that said property
can be reasonably assumed to be used for the orderly development of the City, and that the
requirements of Section 50-222, Idaho Code, for annexation of said property, have been
satisfied.
Section 3: The real property, all located in Valley County, Idaho, particularly described in
Exhibit A which is attached hereto and by reference incorporated herein, is hereby annexed to
and incorporated within the territorial limits of the City of McCall, Idaho. From and after the
effective date of this ordinance, all property and persons within the boundaries and territory
described above shall be subject to all ordinances, resolutions, regulations, taxation, and other
powers of the City of McCall.
Section 4: The zoning classification for the property described in Section 1 above is hereby
established as the RR for the four Marvin Whiteman properties — TAX NO. 1 IN NE4 NE4S12
T18N R2E; PT. GOV'T LOT 1 PT NWNENW S7 T18N R3E; TAX NO. 84 IN SW4 NE4 S7
T18N R3E; S'RLY PT. OF TAX NO. 120 IN GOV'T LOT 1 S7 T18N R3E and R4 Zone for
TAX. NO 89 IN NE4 NW4 S7 T18N R3E; TAX NO. 91 IN NE NW S7 T18N R3E; and
AMENDED TAX NO. 68 IN NE4 NW4 S7 T18N R3E as provided in the McCall City Code
Title 3. The zoning classification for the property described in Section 1 above is hereby
established as the R4 for the three properties — TAX NO 91 IN NE NW S7 T18 R3E;
Ordinance No. 905
October 25, 2012
Page 2 of 21
AMENDED TAX NO IN 68 NE4 NW4 S7 T 18N R3E; and TAX NO 89 IN NE4 NW4 S7
T18N R3E.
Section 5: The City Engineer and GIS Analyst is hereby directed to add said property to the
official maps of the City of McCall, Idaho. The City Clerk is hereby directed to file, within ten
(10) days of passage and approval of this Ordinance, certified copies of this Ordinance with the
offices of the Auditor, Treasurer, and Assessor of Valley County, Idaho, and with the Idaho State
Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with
the provisions of Section 63-2215, Idaho Code, with regard to the preparation and filing of a map
and legal description of the real property annexed by this Ordinance.
Section 6: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once and shall take effect and be in force from and after its passage,
approval, and publication.
Section 7: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 25 DAY OF OCTOBER, 2012.
Appr vo e
Btinald C. Bailey, Mayor
Ordinance No. 905
October 25, 2012
Page 3 of 21
EXHIBIT A
LEGAL DESCRIPTIONS
Ordinance No. 905
October 25, 2012
Page 4 of 21
Order No_ 0009674
Exhibit A
A parcel of land situate in the =1/4 of the NW1/4 of Section 7,
Township 18 North, Range. 3 East, B.M., Valley County, Idaho, more
particularly described as follows:
Commencing at an aluminum cap marking the 1/4 corner Common. to
Sections 6 and 7, Township 16 North, Range 4 Nast, B.N., Valley
County, Idaho; thence,'North 89222/30" West, 2.68.99 feet along the
line common to said Sections 6 and 7 to the northwest corner of Ski.
Rasnob Subdivision as shown on the official plat thereof oA file in
the office of the Recorder of Valley County, Idaho, in Book 1, on
Page 1.1 of.Plats, the REAL POINT OF BEGINNING:
Thence, South 24120'29' West, 49.64 feet along the westerly
boundary of said Ski. Ranch Subdivision; thence, South 61=46'28"
West, 264.69 feet to a 1/2 inch rebar; thence, North 19=17,34,,
west, 1.84.1E feet to a 1/2 inch rah= on the line common to said
Sections 6 and 7; thence, South 899.22'30" East, 514:.54 feet to the
Point of Begins tr9'
Along with and Subject to a 70.00 foot wide easemerxt for ingress,
egress and utilities, situate in the NE1/4 of the NW1/4, Section 7,
Township 18 North, Range 3 East, E.M. , Valley'County, Idaho, being
35.00 feet wide on each side of the following described centerline:
Commencing at the 1/4 corner caRmen. to Sections 6 and 7, Township
18 North, Range 3 East, P.X., Valley County, Idaho; thence, North
991122'30c west, 258.99 feet along the boundary common to said
Sections 6 and 7 to the westerly right-of-way of Paul Bunyan Road,
as shown on the official Plat of Ski Ranch Subdivision on file in
Book 1, Page 11 of Plats in the office of the Recorder of Valley'
County, Idaho; thence, South 24120/290 West, 59.71 feet along said
right-o5-way; thence, South 17/24/31" East, 29-40 feet along said
right-of-way to the REAL POINT OF BEGINNING:
Thence, South 61 ° 46 / 29" West, 549.3 U feet to the POINT Off' ENDING..
Bearings based on State Plane Grid Azimuth.
TOGETHER WITH, SFr ATTACHBD
Page 9
STEW ART TITLE
GUARANTY COMPPwy
Ordinance No. 905
October 25, 2012
Page 5 of 21
EXHIBIT 1
LEGAL DESCRIPTION
The land referred to in this Commitment is described as follows:
A parcel of land situate in the E 1/2 of the NE 1/4 of the NW 1/4, Section 7 Township 18 North Range 3
East Boise Meridian Valley County-, Idaho more particularly described as follows:
Commencing at the Quarter corner common to Section 6 and 7 Township 18 North Range 3 East Boise
Meridian, Valley County, Idaho; Thence South 28°43'43" West 532.60 feet to the northeasterly corner of
Ski Ranch Subdivision No. 2 as shown on the official plat thereof on file in Book 3 page 20 of plats in the
Office of the Recorder of Valley County, Idaho; thence North 81 °02' West 20.00 feet to the westerly right
of way of Stone Lane, the Real Point of Beginning;
Thence 36.91 feet along said right of way on a non -tangent curve to the right whose long chord bears
South 30°52'00" West 36.02 feet whose radius is 48.28 feet and delta angle is 43°48'00" to a 5/8 inch
rebar; Thence South 52°46'00" West 291.19 feet along said right of way to a 5/8 inch rebar; Thence 21.17
feet along said right of way on a curve to the left whose radius is 174.93 feet and delta angle is 6°56'04"
to the northeasterly corner of Lot 24 of said subdivision to a 5/8 inch rebar; Thence North 44°10'05" West
126,20 feet to the northerly corner of said Lot 24 a 5/8 inch rebar; Thence South 49°35'27" West 38.02
feel along the northwesterly boundary of said Lot 24 to the westerly boundary of the E 1/2 of the NE 1/4 of
the NW 1/4 of said section 7, a 1/2 inch by 24 inch rebar; Thence North 0°25'0" West 281.50 feel along
said westerly boundary to a 1/2 inch by 24 inch rebar; Thence North 61°00'00" Fast 411.62 feet to a 5/8
inch by 30 inch rebar; Thence 35,19 feet along a cure to the right whose radius is 20.00 feet and delta
angle is 100°49'00" to a 5/8 inch by 30 inch rebar; Thence South 18°11' East 88.06 feet to a 5/8 inch by
30 inch rebar; Thence 23.69 feet along a curve to the right whose radius is 50.00 feet and delta angle is
27°09'00" to a 5/8 inch by 30 inch rebar; Thence South 8°58'00" West 210.28 feet to the Point of
Beginning.
SAVE AND EXCEPT
A parcel of land situate in the N 1/2 of the NE 1/4 of the NW 1/4 Section 7 Township 18 North, Range 3
East Boise Meridian, Valley County, Idaho more particularly described as follows:
Commencing at the northeasterly corner of Lot 24, Ski Ranch No, 2 Subdivision as shown on the official
plat thereof on file in Book 3 page 20 of Plats in the office of the Recorder of Valley County, Idaho the
Real Point of Beginning.
Thence North 44°10'05" West 126.20 feet to the northerly corner of said Lot 24; Thence South 59°43'55"
East 134.21 feet to the westerly right of way of Stone Lane; Thence South 52'46'00" West 15.00 feet
along said right of way; thence 21.17 feet along said right of way on a curve to the left whose radius is
174,93 feet and delta angle is 6°56'04" to the Point of Beginning.
NON -MERGER DEED IN LIEU OF FORECLOSURE WITH RETENTION OF DEFICIENCY RIGHTS - 3
45303.0014, 24176 59.1
Ordinance No. 905
October 25, 2012
Page 6 of 21
FEB-12-2003 99:14
RMERtTtTLE CASCADE
tONTINUATION
`;EXHIBIT A
400 sbe 710(u r.mr
A parcel of land situate in the South half of Government Lot 7, Section 6, and
Goveratnent Lot 1, Section 7, Township 18 North, Range 3 East, Boise Meridian, Valley
County, Idaho, more particularly described as follows:
Commencing at the West 1/16 corner common to Sections 6 and 7, Township 18 North,
Range 3 East, Valley County, Idaho, the Real Point of Beginning:
thence, South 00° 21' 14" West, 500 feet along the easterly boundary of Government Lot
1 of said Section 7;
thence, North 89° 22' 30" West, 660.00 feet parallel to the line common to said Sections
6 and 7;
thence, North 00° 05' 58" East, 659.98 feet;
thence, South 89° 22' 30" East, 660.00 feet to the'easterly boundary of Government Lot 7
of said Section 6;
thence, South 00° 41' 45" East, 160.00 feet to the Point of 13 eginning.
TOGETHER WITH an easement and right of way for ingress and egress and utility
purposed, over and across real property situated in Valley County, Idaho, and more
particularly described as follows:
A 70,00 foot wide easement for access and utilities, situate in the N1/2.NE1/4 NW l/4,
Section 7, 'Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho,
being 35.00 feet wide on each side of the following described centerline:
Commencing at the 1/4 comer common to Sections 6 and 7, Township 18 North, Range 3
East, Boise Meridian, Valley County, Idaho; thence, North 89° 22' 36" West, 258.99 feet
along the boundary common to said Sections 6 and 7 to the westerly right of way of Paul
Bunyan Road, as shown on the Official Plat of Ski Ranch Subdivision on file in Book 1
of Plats at page 11 in the Office of the Recorder of Valley County, Idaho; thence, South
24° 20' 29" West, 59,71 feet along said right of way; thence, South 17° 24' 31" East,
29.40 feet along said right of way to the Real Point ofBegirming:
thence, South 61° 40 29" West, 443.44 feet to the westerly boundary of the NE1/4 NE1/4
NW 1/4 of said Section 7;
thence, continuing South 61 ° 46' 29" West, 60.00 feet;
thence, 204,79 feet along a curve to the right whose delta angle is 29° 20" 01" and radius
is 400.00 feet;
-continued -
Commitment No: Alv1'I'0146-03 S T E W A R T TITLE
Schedule A Page 2A euww.rrrvccmPANr
Ordinance No. 905
October 25, 2012
Page 7 of 21
CONTINUATION
EXHIBIT A - continued
thence, 141.90 feet along a curve to the left whose delta angle is 23' 54' 47" and radius is 340.00
feet;
thence, South 67° 11' 43" West, 170,00 feet;
thence, 122.90 feet along a curve to the right whose delta angle is 246 42' 26" and radius is
285.00 feet to the westerly boundary of the NW 1/4 NE1l4 NW1/4 of said Section 7, the Point of
Ending.
This easement shall be non-exclusive and be for their personal use of ingress, egress, public
-utiJities,aad-drai uTosesAt-is eted-and- eta-that-tire-Granteuarby-the-use
and benefit of said easement shall perform work in the maintenance of the roadway equal to that
performed by the other abutting property owners who use and maintain it, or shall hire work to be
performed equal to such works performed by such other users of the roadway.
Said easements created in Instrument Nos. 76794 and 210022 which was re -recorded as No,
210040, recorded in the Records of Valley County, Idaho.
END
Commitment No; AMT0405-01
Schedule A Page 3
STEWART TITLE
QUARAN7Y COMPANY
Ordinance No. 905
October 25, 2012
Page 8 of 21
JUL-12-ets04 08:44 AMEAlTITLE CASCADE
208 382 5870 P. 02
e 11114
►P ,
Instrument # 285272
VALLEY COUNTY, CASCADE, IDAHO
ZDO4-07.16 02:17:45 No. of Pages: 3
Recorded for : AMERITITLE
LELAND G. HEINRICH Foe:
EX-011ielo Recorder Deputy
Ina.. In; DEEDS
NTY DEED
For Value Received, James R. Stone , ea wanierried men, the Grantors,
do hereby grant, bargain, sell end convey unto
Brian Caruso and Kari Ceram, limbo rid and wife
whose address is 2191 E. Skokie thive, Eagle, ID St}616,
the Grentee, the following described promisee, to -wit:
SEE EXHIBIT "A" ATTACHED
•
TO HAVE AND TO HOLD the premises with their apporktninCes unto the said Grantees, their heirs and rtislgns
forever. And the said Gramme do hereby coverund to and with the said Gramm, Mar they are the owners in fee
simple of said premises that said premises aro free from all encumbrances except the 2004 taxes and assessments
and that they will werrarit and defend the same from ell lawful claims whatsoever.
Dated: 7: /2
R. Stone
State Catreltid,X
ftdarStr )
County of Wrtl:E454
On this / 1-day of 4,1 C--7 2004 before Ct4Prl.L5 2A.SilAtt-notary public in and for
said State, personally appeared amea R. Slane krknvn to me to be the persons whale names are•sitbscribed to the
within immanent, and acknowledged to me that they eitecuted the same.
40
Co 1
Ordinance No. 905
October 25, 2012
Page 9 of 21
JUL-12-2004 99:44
AMERITITLE CASCADE 208 392 5070 P.03
CHICAGO TITLE INSURANCE COMPANY
CONTINUATION
EXHIBIT A
A parcel of land situate in the NEW of the NWW of Section 7,
T. 16 N., R. 3 B., B.M., Valley County, Idaho, more' particularly
described as follows:
Commencing at an aluminum cap marking the 1/4 Corner common 'to
Sections 6 aad.7, T. 1B N., R. 3 R., B.M., Valley County,',Tdaho;
thence, N. 89° 22, 30" W., 573.53 feet along the line common to
,said Sections 6 and 7.to i 1/2" rabar, the REAL POINT OF PRGINNING:
Thence, S. 19" 17' 34" B., 184.18 feet to a. 1/2" rebar,
thence, S. 610 46, 29n W., 298.14 feet to a 5/8" rabar,
thence, N. 00° 20' 06" R., 317.02 feet to a 1/2" rebar on the
line common to said Sections 6.and 7,
thence, S. 89° 22, 30" E., 200.00 feet to the Point of
Beginning, containing 1_350 acres, more or less.
Along with a 70.00 foot wide easement for ingresS, egress and
utilities, situate in the NE 1/4 Of the Nw'1/4, Section 7, T. 16
N., R. 3 E., B.M., Valley COUnty, Idaho, being 35.00 feet wide.0a
each side of the f011Owing*descr1bed centerline:
Commencing at the 1/4 Corner common, to Sections 6 and 7, T. IS N.,
R. 3 E., B.M., Valley County, Idaho; thence, N. 69° 224 30" W.,
258.99 feet along the boundary common to said Sections 6 and 7 to
the westerly right-of-way of Paul Bunyan Road, as ahown on the
OffiCial Plat of Ski Ranch Subdivision on fils'in Book 1, Page 11
of Plata in the Office of the Recorder of valley County, Idaho;
thence. S. 24° 20, 29" W., 59,71 feet along.caid right-of-way:
thence, S. 170 24' 31" V., 29.40 feet along said right-of-way to
the REAL POINT OF BEGINNING:
Thence, S. 61° 46, 29" w., 549.30 feet to the POINT OF ENDING.
Bearings based on State Plane' Grid Azimuth.
(Aka Tax No. 91.)
Commitment No: ICO2191
Schedule A Page 2B
Ordinance No. 905
October 25, 2012
Page 10 of 21
JUL-12-2004 Oe:44 AMER1TITLE CASCADE
20e 382 5070 P.04
CHICAGO TITLE INSURANCE COMPANY
CONTINUATION
EXHIBIT A
A parcel of land situate in the NEU of the NWW of Section 7,
T_ 18 N., R. 3 E., H.M., Valley County, Idaho, more particularly
described n$ follows:
CommenCing at an aluminum cap marking the 1/4 Corner common to
Section 6 and 7, T. 1B N., R_ 3 E., B.M., Valley County, Idaho;
thenCe, N. 89° 22' 30' W., 258.99 feet along the line common to
said Sections 6 and 7 to the northwest corner of 5ki Ranch
Subdivision as shown.on the official plat thereof on file in the
Office of the Recorder of Valley County, Idaho, in Book 1, an Page
11 of Plate, the REAL POINT OF BEGINNING:
Thence, S.'24° 20' 29" W., 49.64 feet along the westerly
boundary of said Ski Ranch Subdivision,
thence, S. 61" 46' 29" W., 264.68 feet to a 1/2' rk/bar,
thence, N. 190 17, 34" W., 184.18 feet to a 1/2" rabar on the
line common to said Sections 6 and 7,
thence. S. 89" 22' 30' E_, 314.54 -feet tO the Point of
Beginning, containing 0.717 acres, more or less.
Along with and subject to a 70.00 foot wide easement for Ingrate,
egress and utilities, situate in the NE 1/4.of the NW 1/4, Section
7, T. 18 N., R. 3 R., E.m., valley County, Idaho, being 35.00 feet
wide on each side of the following described centerline;
Commencing at the 2/4 Corner common to Suctions 6 and 7, T. 18 N.,
R. 3 E., B.M. Valley County, Idaho; thence, N. 89° 22' 30" w_,
256.99 feet along the boundary common to said Sections 6 and 7 to
the westerly right-of-way of TaUl Bunyan Road, as shown on the
OffiCial Plat of Ski Ranch Subdivision on file in BOOK 1, Page 11
of Flats in the Office of the Recorder of Valley County, Idaho;
thence, S. 24" 20, 29" w., 59.71 feet along said right-of-way;
thence, S. 170 24' 31" E., 29.40 feet along said right-of-way to
the REAL POINT OF BEGINNING:
Thence, 5_ 61" 46, 29' W., 549.3o feet to the P0INt OF ENDING.
Bearings based on State Plane Grid Azimuth.
(Aka Tax No. 89.)
-continued-
&Ltimitment No; ICO219
Schedule A Page 2A
TOTAL P,04
Ordinance No. 905
October 25, 2012
Page 11 of 21
99e P.O.
404
(208) 634-2686
August 16, 1996
no %
2.440 acre p
re
Sec
0
T18N., R33
357
A parcel of land situate in the NEU of the WA( of 5ec:tion 7, T. 18
W., R. 3 S., valley County, Idaho, more particularly
described as follows:
Cw acing at an aluminum cap marking the 1/4 Comer common to
one 6 and 7, T. 18 N. R. 3 S., B.M., valley Zounty. Idaho:
ce, N. 89. 22' 30" N., 363.53 feet to a 5/8" rebar marking the
R-M 1/64 Corner of said Sections 6 and 7; thence, con::inuing N. 89°
22' 30" M., 663.91 feet .0 the R 1/16 Corner common to said
Sections 6 and 7; thence, S- 00° 21' 14" w „ 660,81 feet to a 5/8"
rebar marking the C-N-Nw 1,64 Corner of said Section 7, the eZEAi,,
P03:NT OP SWINNING:
:'hence, S. 890 27' 08" E., 368.96 fee: co a ;i" rebar on ne
wesrerly boundary- of a 70.00 foot wide ingress, egress
and utility easement,
thence, S. 19° 45' 08" R., 204.94 feet along said westerly
boundary to a 5/S" rebar,
thence, 144.60 feet along a curve to the left/ whose radius :s
235.00 feet and delta angle is 35° 15' 13", along sa:3
westerly boundary of a %" rebar,
thence, N. 89' 27' 08" W. , 296.50 feet to a ;^ reiac on tits
crest boundary of the SM',{ of the NEU of .he NwU, 5az.1
Section 7,
thence. N. 00" 21' E„ 335.81 et to t1 ?rlt 3f
Beginning, concaa:ing 2.440 acres more or less.oi
Bearings based on State plane Grid Az much.
Ordinance No. 905
October 25, 2012
Page 12 of 21
THOMAS W. KERR
PLS 998
1.671 acre
KERR SURVEYING
P.O. BOX 853
404 E. PARK
McCALL, IDAHO 83638
(208) 634-2686
August 16, 1996
JOEL W. DROULARD
PLS 5357
7 3TONE TPUST
aarcel, Section 7, T1 N., R3E
A parcel of land situate in the NEf of the NWf of Section 7, T. 18
N„ R. 3 E., B.m., Valley County, Idaho, more particularly
described as follows:
commencing at an aluminum cap marking the 1/4 Corner common to
Sections 6 and 7, T. 18 N., R. 3 E., 8.M., valley County, Idaho;
thence, N. 89' 22' 30" w.. 663.53 feet to a 5/8" rebar marking the
E-W 1/64 Corner of said Sections 6 and 7; thence, continuing N. 89'
22' 30" W., 55.00 feet to a I" rebar; thence, S. CO' 20' 06" W.,
100.00 feet to a in rebar; thence, S. B9' 22' 30" E., 55.00 feet to
a f" rebar on the eaater:y boundary of the Kw* of the NEf of the
NW*, said Section 7; thence, S. 00' 20' 06" W., 236.29 feet along
said easterly boundary tc a f" rebar,the REAL POINT OF BEGINNING:
thence, continuing 3. 00' 20' 06" W., 279.7i feet to a i"
rebar on the northwest boundary of Lot 24, Ski Ranch No.
2 Subdivision, as shown on the official plat thereof on
file in the Office of the Recorder of Valley County,
Idaho, in Book 3, on Page 20 of Plats,
thence, S. 50' 30' 46" W., 68.19 feet along said lot boundary
to a t" rebar on the northerly boundary of the SWf of the
NEi of the Nwi of said Section 7,
thence, N. 89' 27' 08" W., 242.38 feet along said northerly
boundary to rebar on the westerly boundary of a
70.00 foot wide ingress, egress and utility easement,
thence, N. 19' 45' 08" E., 226.98 feet along said westerly
boundary to a 5/8" rebar,
thence, 172.36 feet along a curve to the right whose radius is
235.00 feet anf delta angle is 42' 01' 21" along said
westerly boundary to a 5/8" rebar,
thence, S. 28. 13. 31" E., 70.00 feet to the southerly
boundary of said easement,
thence, N. 61' 46' 29" E., 87.14 feet tc the Foint of
Beginning, containing 1.671 acres, more or less.
Ordinance No. 905
October 25, 2012
Page 13 of 21
WHITEMAN TO STONE TRUST page 2
Subject to a 70.00 toot wide ingress, egress and utility easement
situate in the NEI of the NWf of Section 7, T. 18 N., R. 3 E.,
BM., Valley County, Idaho, lying 35.00 feet on each side of :he
following described centerline;
Commerwing at an aluminum cap marking the 1/4 Corner common to
Sections 6 and 7, T. 18 N„ R. 3 E., B.M., Valley County, Idaho;
thence, N. 89' 22' 30" w., 663.53 feet to a 5/8" rebar marking the
E-w 1/64 Corner of 'aid Sections 6 and 7: thence, S. 00' 20' 06"
W., 296.44 feet along the easterly boundary of the NW} of the NEf
of the W10; thence, S. 61' 46' 29" W., 106.19 feet to the REAL
POINT Or BEGINNING:
Thence, 101.02 feet along a curve to the right whose radius is
400.00 feet and delta angle is 14' 28' 10" to the Point
of Ending on the west boundary of the above described
parcel of land.
Bearings based on State Plane Grid Azimuth.
Ordinance No. 905
October 25, 2012
Page 14 of 21
OC--:1-1996 13158
mTiq TITLE ZOB 732 4.718 P 8i327
WITcLAIN
r Value Received Jaime R. S
the James R. Stone
ritable index Unitrust, 29, 2995
hereby conveys, releases, revises and forever quits claks unto
Marvin It. Whiteman and Caro', Whiteman, husband ant -Nfe
vhome address is : Box '74, McCall, ID 5.7!;
the following promisee. to wit:
See Exhibit A attached hereto and made a part hereof.
together with their appurtenances.
Dated: October 11. 1996
intolul;
sue. Stone
M
r
r
able Remainder Un October 18, 1 .
/7
State of Ca .
) ss
COUnty of a...7)
On this /1 day of a, 1896, before .244
a notary public in and for said State, personally appeared
-James R. Stone -
known to ma to be the person who is the Trustee or the James R.
Stone Charitable Remainder Unitrust, d/d/t October 16, 1991, whose
name is subscribed to the within instrument, and acknoviedged tome
that he ecuted same.
Notary t>ubli
at:
on Expires:
Ordinance No. 905
October 25, 2012
Page 15 of 21
y ublic
Residing at:,,NIC.,/,;
Commission Expires: 7 —2./-9,
ACCOMMATION
QUITCLAIM DEED
For Value Received
Marvin E. Whiteman and Carol Whiteman, husband and wire
hereby conveys, releases, remises and forever quits c:aim unto
James R. Stone, Trustee of the James R. Stone Charitable Remainder
Unitrust u/t/d october 18, 1995
whose address is : 22825 Islamare Lane, Lake Forest, CA 92630
the following premises, to wlt:
See legal description attached hereto.
together with their appurtenances.
Marvin E. Whiteman
State of .2mme,as, )
) as
County oft4ficsy )
Carol Whiteman
this .2.4-- day of , 1996, oefore me,
, a notary public in and for said
State, sonally appeared Marvin E. Whiteman and Carcl Whiteman,
known or identified to me to be the person whose names are
subscribed to the within instrument, and acknowledged to me that
they executed the same. t
---,
7.1 ,
--
7-7
:
t.
a- ,
=;c,
Z.!
Ordinance No. 905
October 25, 2012
Page 16 of 21
QUITCLAIM DEED
For Value Rennivect
MARVIN EDWIN WHITMAN,
do hereby canny, mimes, remise and forever gultelatni unto
MARVIN E. WHITEMAN AND CAAVL H. WHIttOt.,N, HUSBAND AND WIFE
wimps current wrier ir 2254 BRAM FF ST . BOISE , IDAHO 8 37 06
the fal0Willg dawn:fed premien, to-witi
A parcel of land eituste in the S1/2 of Government Lot 7. section 6 and Government Lot
1, Section 7, T. 18 N., n. C., B.N., Valley County, Idaho, more particularly
described SO tOli0Wel
Commencing et the N. 1/16 Corner common to Section@ 6 And 7, T. IB R., R. 3 t., e.m.,
Valley County, Idaho, the Peal Point of Beginning;
Thence, S. 0' 21' 14' W., 500.00 fest oolong the easterly boundary of Government Lot
I of meld Section 7,
thence, N. 89" 22' 30' W., 660.00 foot parallel to the line common to said SeCtionw
6 and 7,
thence, N. 0' J5' 58' B., 659,98 feet,
thence, S. B9' 22' 30' B., 669.00 feet to the easterly boundary of Government Lot 7
of said Section 6,
thence, S. 0' 41' 45' E., 160,00 feet to the Point of Beginning.
together arltk their appurtenances.
Elated: PHIL 26, 1994
BUTZ 07 EDA.110, OOVNT
Oa this 26TH day of APRIL , le ,
balm too, s lobar pubUe fa eed for the said Elate, per-
oosillr. spewed MARVIN EDWIN WHITEMAN, JR.
known to rtr la be tbr parion WINS Mira•
Aubtoibod to tha Within inetrootent, and aoknowldged
mo a:lento:I the auto,
ilotarl Pablio
Braiding ei BOI SE, IDAHO , Idtbo
Cocoa ExpIras 2/9/ 2000
ATE OP IDAHO,
linty artily that
*Mai of
0
hUrtelUnUA I Will Sri for a
st Wavier PA o'clock
this day sf
, In my otBoo, Lad duly r000rdad la Volt
of Diode et Pap
By
rd
roes
Hall to)
Dapet7.
300 NORTH SIXTH STREET tIN
P.O. BOX 2528 ell
NOME, WOO 12701 B0
12051 343.3887
TA PLAZA OFFICE
PAIRYIEyU AVENUE
0
Ordinance No. 905
October 25, 2012
Page 17 of 21
2
2
22
23
24
25
BOISE CASCADE CORPORATION TO WHITEMAN
CORPORATION WARRANTY DEED
BOISE CASCADE CORPORATION, A CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF DELEWAREt WITH ITS
PRINCIPAL OFFICE HT BOISE, COUNTY OF ADA' STATE OF IDAHO,
GRANTOR, HEREBY CONVEYB OR GRANTS AND WARRANTS TO MARVIN E.
WHITEMANv JR., A MARRIED MAN DEALING WITH HIS SOLE AND
SEPARATE PROPERTY, GRANTEE, OF BOISE, COUNTY OF ADA, STATE OF
IDAHO, THE FOLLOWNG DESCRIBED REAL PROPERTY TN VALLEY COUNTY,
STATE OF IDAHO, TO-WIT1
A PARCEL OF LAND SITUATE IN THE NE 1/4 NC 1/4
OF SECTION 120 TOWNSHIP le NORTH, RANGE 2 EAST,
BOISE MERIDIAN, VALLEY COUNTY, IDAHO+ MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
.COMMENCING AT THE SECTION CORNER COMMON TO
SECTIONS h AND 7r TOWNSHIP 18 NORTH, RANGE 3
EAST1 B.M. AND SECTIONS 1 AND 121 TOWNSHIP
le NORTH, RANGE 2 EAST' BOISE MERIDIAN,
VALLEY COUNTY, IDAHO1 THE REAL POINT ..)F
BEGINNINGT
THENCE SOUTH 0 DEGREES 03.7 MINUTES EAST
1110.00 FEET ALONG THE EAST LINE OP SAID
SECTION 121
THENCE SOUTH 99 DEGREES 3/3.: MINUTES .JEST
603./9 FEET;
THENCE NORTH 0 DEGREES 03.7 MINUTES WEST
206.68 FEET;
THENCE NORTH 14 DEGREES 32.4 MINUTES EAST
934.76 FEET TO THE NORTH LINE OF SAID
SECTION 121
THENCE NCRTH B9 DEGREES 36.! MINUTES EAST
367.54 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNINGS
CONTAINING 12.927 ACRES, NoRs OR LESS.
THE OFFI(ERS WHO SIGN THIS '.DEED HEREBY CERTIFY THAT
THIS DEED AND THE TRANSFER REPRESENTED THEREBY WAS DULY
AUTHORIZED UNDER A RESOLUTION DULY ADOPTED EY THE BOARD OF
DIRECTORS OF THE GRANTOR AT A LAWFUL MEEvING DULY HELD AND
ATTENDED BY A 9U-RUM.
Ordinance No. 905
October 25, 2012
Page 18 of 21
IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED ITO
CORPORATE NAME AND SEAL TO BE HEREUNTO AFFIXED BY ITS DULY
AUTHORIZED OFFICERS THIS 27TH DAY OF MAY,
0
ASSISTANT SECRETARY
ATTEST, /
•
0
( SS.
STATE_OF IDAHO,
COUNTY OF ADA,
a
<
-s ON THIS WI DAY OF Jule 19901 PERSONALLY APPEARED
us BEFORE ME RalphRalphG. Peinecke AND J. B. Greene
WHO BEING BY ME DULY SUORN DID SAY, EACH FOR HIMSELF, THAT
THEY ARE THE SAID Vice-Prcs. AND THE SAID ASSISTAMT SECRETARY
RESPECTIVELY OF BOISE CASCADE CORPORATION, AND THAT THE WITHIN
AND FOREGOING INSTMJMENT WAS SIGNED IN BEHALF OF SAID
CORPORATION BY AUTHORITY OF A RESOLUTION OF ITS BOARD OF
DIRECTORS AND SAID Ralph G. PeImmke AND J. 5' Greene
EACH DULY ACKNOWLEDGED TO ME THAT SAID
CORPORATION EXECUTED THE 9AmE AND THAT THE SEAL AFFIXED IS THE
7 SEAL OF SAID CORPORATION.
: •.
SOISE-CASCADE-CORPORATION--- -
BYt
VICE PRESIDENT
9
0
2
22
23
24
25
NOTARY PUBLIC FOR IDAHO
AT+ BOISE, IDAHO
• • ,
Ordinance No. 905
October 25, 2012
Page 19 of 21
EXHIBIT B
MAP
ANNEXATION - ZONING
Ordinance No. 905
October 25, 2012
Page 20 of 21
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City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct
journal of the proceedings of the Council of the City of McCall, Idaho, and that I am
statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 905 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on October 25, 2012
and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance
with law and to the extent required by law, due and proper notice of such meeting and
that a legally sufficient number of members of the Council voted in the proper
manner and for the passage of said ordinance; and that all other requirements and
proceedings incident to the proper adoption and passage of said ordinance have been
duly fulfilled, carried out and observed; and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of McCall, Idaho this 25 day of October, 2012.
°% F.. L•
� Zd
SEAL ' 5
* ��— * BessieJo W.gner, City Jerk
•
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*4P LL , �`P %