HomeMy Public PortalAboutOrd. 781 - Dawson Land Exchange and Vacation ........ ..... .
d trts'tne11t# 208486
VALLEY COUNTY,CASCADE,IDAHO
C1 w11 f 02:09,14 No.of Pages:4
Roto for:CITY OF MCCALL
L LA140 G.HEINRICH � ,Nee 0.04
a-Meio Seeder Deputy ORDINANCE NO. 781
iii Indox W ORDINArcES ,,,
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, EXCHANGING A
PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON
AVENUE AND LOCATED IN McCALL, VALLEY COUNTY, IDAHO FOR A
PORTION OF DAVIS AVE LOCATED IN McCALL, IDAHO; ESTABLISHING A
VALUE FOR SAID PROPERTYS AND DECLARING AN INTENTION TO
TRANSFER OR EXCHANGE SAID PROPERTYS, PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1:
The Mayor and Council hereby find and declare that an exchange agreement has been
proposed to exchange of a portion of a public right-of-way commonly known as Dawson
Avenue Lot, a legal description is provided in Exhibit A (hereafter "Dawson Avenue
Lot") with a portion of Davis Avenue, a legal description is provided in Exhibit B
(hereafter Davis Avenue Parcel); that Tom Schoonover is the owner of the Davis Avenue
Parcel as well as property adjoining the Dawson Avenue Lot; and, that the Dawson
0 Avenue Lot is owned by the City of McCall.
F
Section 2.
The Mayor and Council hereby find and declare that the exchange of the Dawson Avenue
Lot with the Davis Avenue Parcel is consistent with the present and future development
j of the neighborhood; is consistent with the interests of the adjacent property owners; and
1 is in the best interest of the City.
Section 3.
The McCall City Council, having received a favorable recolmxzendation from the City of
McCall Planning and Zoning Commission after public hearing, pursuant to Idaho Code
§§ 50-1403 & 1405 et. seq., and the Council, having held a public hearing as well, hereby
exchanges the Dawson Avenue Lot with the Davis Avenue Parcel.
Section 4.
In furtherance of this exchange agreement, and pursuant to Idaho Code §§ 50-1403
&1405 the City Council believes it is in the best interest of the City to exchange or
transfer said property, and establishes a minimum value for the Dawson Avenue Lot of
$2.08 per square foot, or $3,370. Further, to Tom Schoonover, who is the owner of the
adjacent real property has agreed with the City of McCall to acquire the Dawson Avenue
Lot through an exchange and payment for additional value by exchange or transfer.
FRI
ORDINANCE NUMBER 781 page 1 of 2
Section 5.
This ordinance, or a summary thereof, shall be published once in the official newspaper
of the City, and shall take effect upon its passage, approval, and publication.
DATED this 1 Ith day of September 2003.
CITY OF McCALL
Valley Coun y, Idaho
By = --''
Ralph Colt n, Mayor
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ORDINANCE NUMBER 781 page 2 of 2
LEGAL DESCRIPTION
PARCEL
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Tax #24, Block 26, McCall First Addition, Book 1 ,
Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18 North, Range 3
East, Boise Meridian, City of McCall, Valley County, Idaho, and more particularly
described as follows:
Commencing at the northeast corner of said Government Lot 2, thence
S.81 052'57"W., 10.60 feet to the northeast corner of said Block 26, which is also the
northeast corner of said Tax #24, falling on the west Right of Way of Davis Avenue,
and the point of beginning,
Thence, along said west Right of Way, S.001 1'38"W., 60.00' to the southeast
corner of Tax #24; thence, departing said west Right of Way, along the south line of
Tax #24, S.89 055'35"W., 14.48 feet to a point; thence, departing said south line,
N.001 1'31"E., 60.00 feet to a point on the north line of Tax #24, also the north line of
Block 26; thence along said north line, N.89°55'35"E., 14.48 feet to the point of
beginning.
Containing 0.0199 acres.
Subject to all easements of record.
prepared by John Russell, Idaho PLS #6021 , May 5, 2003
LEGAL DESCRIPTION
PARCEL B
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26,
McCall First Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section
9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County,
Idaho, and more particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence
S,81 °52'57"W., 10.60 feet to the northeast corner of said Block 26, also the northeast
corner of Tax#24, falling on the west Right of Way of Davis Avenue and the north line
of said McCall First Addition; thence continuing along said north line, also the north line
of said Block 26, 5.89°55'35"W., 57.13 feet to the northwest corner of Block 26, also
the northwest corner of said Tax #24, falling on the east Right of Way of Dawson
Avenue, the point of beginning;
Thence, continuing along the north line of the McCall First Addition,
S.89°55'35"W., 14.44 feet to an angle point in said north line; thence, continuing,
N.87 053'57"W., 5.75 feet to a point; thence departing said north line S. 8 017'53" W.
60.57 feet to a point; thence N.89°55'35"E., 20.21 feet to a point on the east Right of
Way of Dawson Avenue, also the southwest corner of said Tax #24; thence, along said
east Right of Way, N.8°17'53"E., 60.65 feet to the northwest corner of Tax #24, the
point of beginning.
Containing 0.0372 acres.
Subject to all easements of record.
prepared by John Russell, Idaho PLS #6021, August 5, 2003
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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. 781 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on September 11, 2003 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 ful-lilled, 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 11th day of September, 2003.
Barbara Bauer, City Clerk
EXCHANGE AGREEMENT
This EXCHANGE AGREEMENT, hereinafter called Agreement is made and entered
into as of the 1 I th day of September, 2003, by and between the City of McCall, Idaho, a
municipal corporation, hereinafter"City" with an address of 216 East Park, McCall, Idaho 83638
and Tom Schoonover, hereinafter "Schoonover" whose address is 1506 Davis Ave. McCall,
Idaho 83638.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties herein contained, the parties agree as follows:
CITY OF McCALL'S OBLIGATIONS
The City agrees to exchange a portion of the public right-of-way known as Dawson
Avenue Lot, of which a legal description is attached hereto as Exhibit "A". The City further
agrees to provide Schoonover with a quitclaim deed to the vacated parcel on Dawson Avenue
Lot,
TOM SCHOONOVER'S OBLIGATIONS
Schoonover shall provide City with a warranty deed to the property on Davis Avenue
Parcel, of which a legal description is attached hereto as Exhibit "B". Further, Schoonover
agrees to remove all debris, refuse, and encroachments including but not limited to fencing,
� �egztr;shed and propane tank from the property no later than October 15, 2003. Schoonover
agrees not to use Dawson.Avenue, particularly the turnaround area, for parking or the storage of
any motor vehicles, or other personal property.
Schoonover agrees that the house generally depicted on the map, attached hereto as
Exhibit "C", is presently a nonconforming use and must conform to the City Code, particularly
with Title 3 Chapter 28 of the McCall City Code, as it concerns any future enlargement or
alterations to a nonconforming structure.
Lastly, Schoonover agrees to pay the City$1,567, as the appraised value of the Dawson
Avenue Lot comes to $3,370, and the Davis Avenue Parcel appraised at $1,803, for a difference
owed the City of$1,567.
Time for Closing
Exchange of Titles. The exchange of titles to the Dawson Ave. Property and the Davis
Ave. Property shall occur at simultaneously.
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DATED fl-�sCy day of 003.
CITY OF McCALL
Valley Cou Idaho
By
7
Ralph Colton, Mayor
By
Tom Schoonover
EST.
Barbara Bauer, City Clerk
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LEGAL DESCRIPTION
PARCEL
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Tax #24, Block 26, McCall First Addition, Book 1,
Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18 North, Range 3
East, Boise Meridian, City of McCall, Valley County, Idaho, and more particularly
described as follows:
Commencing at the northeast corner of said Government Lot 2, thence
S.81052'57"W., 10.60 feet to the northeast corner of said Block 26, which is also the
northeast corner of said Tax #24, falling on the west Right of Way of Davis Avenue,
and the point of beginning;
Thence, along said west Right of Way, S.0'1 1'38"W., 60.00' to the southeast
corner of Tax #24; thence, departing said west Right of Way, along the south line of
Tax#24, 5.89055'35"W., 14.48 feet to a point; thence, departing said south line,
N.00 11'31"E., 60.00 feet to a point on the north line of Tax #24, also the north line of
Block 26; thence along said north line, N.89055'35"E., 14.48 feet to the point of
beginning.
Containing 0.0199 acres.
Subject to all easements of record.
prepared by John Russell, Idaho PILS #6021, May 5, 2003
LEGAL DESCRIPTION
PARCEL B
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26,
McCall First Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section
9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County,
Idaho, and more particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence
S.81 °52'57"W., 10.60 feet to the northeast corner of said Block 26, also the northeast
corner of Tax #24, falling on the west Right of Way of Davis Avenue and the north line
of said McCall First Addition; thence continuing along said north line, also the north line
of said Block 26, S.89°55'35"W., 57.13 feet to the northwest corner of Block 26, also
the northwest corner of said Tax#24, falling on the east Right of Way of Dawson
Avenue, the point of beginning;
Thence, continuing along the north line of the McCall First Addition,
S.89 055'35"W., 14.44 feet to an angle point in said north line; thence, continuing,
N.87 053'57"W., 5.75 feet to a point; thence departing said north line S. 8 017'53" W.
60.57 feet to a point; thence N.89 055'35"E., 20.21 feet to a point on the east Right of
Way of Dawson Avenue, also the southwest corner of said Tax#24; thence, along said
east Right of Way, N.8'1 7'53"E., 60.65 feet to the northwest corner of Tax #24, the
point of beginning.
Containing 0.0372 acres.
Subject to all easements of record.
prepared by John Russell, Idaho PLS #6021, August 5, 2003
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YALL Y Y COUNTY,CASCADE'IDAHO
10 02:12:05 No.of Pages:2
7Wsce �for:CITY OF MCCALL
I
LELA,ND G.149WRICH Fee:0.00,--
Ex #o Recorder Deputy
Nip, index to':QUrrC LAIM DEED QUITCLAIM DEED
FOR VALUE RECEIVED, THOMAS H. SCHOONOVER, an unmarried man,
Grantor, does hereby convey, release and forever quitclaim unto THE CITY OF McCALL, a
municipal corporation in the State of Idaho, whose current address is 216 East Park Street,
McCall, Idaho 83638, all its right, title and interest, together with all right, title and interest
hereinafter acquired by Grantor, in the following premises located in Valley County, Idaho, to-
wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
DATED this 1 S day of 00--f 1 te,, , 2004.
THOMAS H. SCHOONOVER
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STATE OF IDAHO,
ss.
County of Valley.
On this the day of 2004, before me, Ouertoi
a Notary Public in and for said State, personally appeared THOMAS H. SCHOONOVER,
known or identified to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year ' e e first above written.
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z #OT NOTARY PU-BdC FOR IDAHO
Residing at: me 00J, I I\
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QUITCLAIM DEED- 1
LEGAL DESCRIPTION
d ,
A parcel of land proposed as part of an agreement for vacation of a portion of Dawson
Avenue, being a part of Tax #24, Block 26, McCall First Addition, Book 1, Page 58 of Plats,
situated in Government Lot 2, Section 9, Township 18 North, Range 3 East, Boise Meridian, City
of McCall, Valley County, Idaho, and more particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence 5.81°52'57"W.,
10.60 feet to the northeast corner of said Block 26 which is also the northeast corner of said Tax
#24, falling on the west Right of Way of Davis Avenue, and the point of beginning;
Thence, along said west Right of Way, S.0'1 1'38"W., 60.00' to the southeast corner of Tax
#24; thence departing said west Right of Way, along the south line of Tax #24, 5.89°55'35"W.,
14.48 feet to a point; thence, departing said south line,N.0°11'31"E., 60.00 feet to a point on the
north line of Tax #24, also the north line of Block 26, thence along said north line,
N.89°55'35"E., 14.48 feet to the point of beginning.
Containing 0.0199 acres.
Subject to all easements of record.
QUITCLAIM DEED-2
Ins
,,ptfument# 288487
VALLEY COUNTY,CASCADE,IDAHO
2004-10-15 02:14:17 No.of Pages: 3
Recorded for:CITY OF MCCALL
LELAND G.HEINRICH 000
Ex-Officio Recorder Deputy
Index to:QUITCLAIM DEED QUITCLAIM DEED
0
FOR VALUE RECEIVED, THE CITY OF McCALL, a municipal corporation in the
State of Idaho, Grantor, does hereby convey, release and forever quitclaim unto THOMAS H.
SCHOONOVER, whose current address is 1504 Davis, PO Box 2513, McCall, Idaho 83638, all
its right, title and interest, together with all right, title and interest hereinafter acquired by
Grantor, in the following premises located in Valley County, Idaho, to-wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
This Quitclaim Deed is executed pursuant to McCall City Ordinance No. 781, recorded as
Instrument No. with the Valley County Recorder on IS-'tt, 2004.
DATED this-15" day of 2004.
CITY OF McCALL
Kirk L. Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
QUITCLAIM DEED- 1
STATE OF IDAHO )
ss.
County of Valley. )
On this the day of iaA,6,r , 2004, before me,
a Notary Public in and for said State, personally appeared KIRK L. EIMERS, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
OVERp
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y •� NOTARY P LIC FOR IDAHO
O z Residing at:
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STATE OF ID A.:[%, SPATE, 44.••'
County of Valley. )
On this the I S�"day of Oc A-r , 2004, before me, YU/1
a Notary Public in and for said State, personally appeared DAN IRWIN, own or identified to
me to be the City Clerk of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
pV ER TQ`'• NOTARY PUBLIC FOR/9IDAHO
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QUITCLAIM DEED -2
LEGAL DESCRIPTION
A parcel of land proposed as part of an agreement for vacation of a portion of Dawson
Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26, McCall First
Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18
North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, and more
particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence 5.81°52'57"W.,
10.60 feet to the northeast corner of said Block 26, also the northeast corner of Tax #24, falling
on the west Right of Way of Davis Avenue and the north line of said McCall First Addition;
thence continuing along said north line, also the north line of said Block 26, 5.89°55'35"W.,
57.13 feet to the northwest corner of Block 26, also the northwest corner of said Tax #24, falling
on the east Right of Way of Dawson Avenue, the point of beginning;
Thence, continuing along the north line of the McCall First Addition, 5.89°55'35"W., 14.44
feet to an angle point in said north line; thence, continuing, N.87°53'54"W., 5.75 feet to a point;
thence departing said north line S.8°17'53"W. 60.57 feet to a point; thence N.89°55'35"E., 20.21
feet to a point on the east Right of Way of Dawson Avenue, also the southwest corner of said
Tax #24; thence, along said east Right of Way, N.8°17'53"E., 60.65 feet to the northwest corner
of Tax #24, the point of beginning.
Containing 0.0372 acres.
Subject to all easements of record.
QUITCLAIM DEED-3
Publisher 's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Carol J.Wright, being duly sworn and say, I am the receptionist of
The Star-News,a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper;that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof,was published in said
newspaper once a week for a period of one week in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement;and that publica-
tion of such notice began September 18, 2003 and ended September 18,2003: d
di
Subscribed and s n beforeCaFie this the 19th day of September,2003.
STATE OF IDAHO
COUNTY OF VALLEY
On this 19th day of September, in the year of 2003, before me,a
Notary Public, personally appeared Carol J.Wright, known or identified to me
to be the person whose name subscribed to the within instrument,and being
by me first duly sworn,declared that the statements therein are true, and
acknowledged to me that she executed the same.
so
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Tom Grote
Notary Public for Idaho
Residing at McCall,Idaho
Commission Expires 2/8/06
.1..4:4411*tittlystit C`7411
Publisher 's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Carol J.Wright, being duly sworn and say, 1 am the receptionist of
The Star-News, a weekly newspaper published at McCall,in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper;that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of two weeks in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement; and that publica-
tion of such notice began August 21,2003 and ended August 28,2003.
GwiC
Subscribed and stern before this the 29th day of August, 2003.
STATE OF IDAHO
COUNTY OF VALLEY
On this 29th day of August, in the year of 2003, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
Valley County Assessor's Office
P.O. Box 1350 • 219 N. Main Street
Cascade, Idaho 83611-1350 Department of Motor Vehicles
% Phone (208)382-7126 • Fax (208) 382-7107 Phone (208) 382-7141 • Fax (208) 382-7107
KAREN CAMPBELL DEEDEE GOSSI
Assessor %"` Chief Deputy Assessor
kcamp bell @co.valley.id.us kgossi @co.valley.id.us
December 15, 2004
Dan Irwin
McCall City Clerk
216 E. Park Street
McCall, Idaho 83638
RE: Dawson Avenue vacation
Dear Dan:
This letter is a follow-up to our telephone conversation yesterday regarding Ordinance No. 778
and Ordinance No. 781 which vacates a portion of Dawson Avenue.
This office reviewed Ordinance No. 781 which is an agreement for an exchange of public right
of way (Dawson Ave.) between the City of McCall and Thomas H Schoonover for a parcel of
Land which will be a peon of Davis Avenue. This Ordinance was followed up by Quitclaim
� Deeds Instrument No.'s 288486 and 2988487 from the City of McCall to Thomas H. Schoonover
and Thomas H. Schoonover to the City of McCall. I have enclosed copies of these documents
for you. When I ran a traverse of the Dawson Avenue parcel (to Thomas H. Schoonover) from
the written legal description provided on the Ordinance and on the Quitclaim Deed, I
encountered a closure error. Also enclosed are copies my traverses which shows that the
closure was not within the limits allowed for this office to transfer the parcel to Mr. Schoonover
at this time. In checking over the written legal description and the Survey (8-24) done by John
Russell for this parcel, we found a possible typographical error in one of the footages. Also
enclosed is a partial copy of this survey and I have highlighted the footage in question both on
the survey and the recorded documents. You can see the difference, which we believe caused
the closure error.
We have also enclosed a copy of a Warranty Deed (Instrument No. 288720) whereby Thomas
H. Schoonover is transferring his interest to Bruce W. and Andrea C. Anderson in a parcel of
land located in McCall's First Addition, Block 26. This proposed vacated portion of Dawson
Avenue is included in this transfer to the Anderson's. Subsequently, this possible error was
carried over onto this document.
At this time, we are unable to show this partial vacation of Dawson Avenue and transfer of
ownership from the City of McCall to Mr. Schoonover, who, in turn, deeds out his interest to the
Anderson's. All these documents will need to be corrected and re-recorded in order for our
office to show these transfers of ownership. We are running up against a time frame for all
2005 splits which is January 1, 2005. Therefore, we would advise you to expedite the
re-recording of the necessary corrected documents as soon as possible. If we can be of any
jam;,, help whatsoever, please don't hesitate to contact our office.
Sincerely,
Sue Probst
Valley County Cartographer
enclosure
cc: John Russell, Surveyor
Thomas H. Schoonover
Bruce W. and Andrea C. Anderson
Amerititle
1 ,
11 . Instrument# 288485
VALLEY COUNTY,CASCADE,IDAHO
r 2004-10-15 02:09:11 No.of pages:4
Recorded for:CITY OF MCCALL
� LELAND G.HEINRICH e0.0.06 .--
Ex-OMclo Recorder D9134y
Inde:to ORDINANCES ORDINANCE NO. 781
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, EXCHANGING A
PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON
AVENUE AND LOCATED IN McCALL, VALLEY COUNTY, IDAHO FOR A
PORTION OF DAVIS AVE LOCATED IN McCALL, IDAHO; ESTABLISHING A
VALUE FOR SAID PROPERTYS AND DECLARING AN INTENTION TO
TRANSFER OR EXCHANGE SAID PROPERTYS, PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE.
1
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1:
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The Mayor and Council hereby find and declare that an exchange agreement has been
Q proposed to exchange of a portion of a public right-of-way commonly known as Dawson
Avenue Lot, a legal description is provided in Exhibit A (hereafter "Dawson Avenue
Lot") with a portion of Davis Avenue, a legal description is provided in Exhibit B
(hereafter Davis Avenue Parcel); that Torn Schoonover is the owner of the Davis Avenue
Parcel as well as property adjoining the Dawson Avenue Lot; and, that the Dawson
Avenue Lot is owned by the City of McCall,
Section 2.
The Mayor and Council hereby find and declare that the exchange of the Dawson Avenue
Lot with the Davis Avenue Parcel is consistent with the present and future development
of the neighborhood; is consistent with the interests of the adjacent property owners; and
is in the best interest of the City.
Section 3.
The McCall City Council, having received a favorable recommendation from the City of
McCall Planning and Zoning Commission after public hearing, pursuant to Idaho Code
§§ 50-1403 & 1405 et. seq., and the Council,having held a public hearing as well, hereby
exchanges the Dawson Avenue Lot with the Davis Avenue Parcel.
Section 4,
In furtherance of this exchange agreement, and pursuant to Idaho Code §§ 50-1403
&1405 the City Council believes it is in the best interest of the City to exchange or
transfer said property, and establishes a minimum value for the Dawson Avenue Lot of
$2.08 per square foot, or $3,370. Further, to Tom Schoonover, who is the owner of the
adjacent real property has agreed with the City of McCall to acquire the Dawson Avenue
Lot through an exchange and payment for additional value by exchange or transfer.
ORDINANCE NUMBER 781 page 1 of 2
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Section 5.
This ordinance, or a summary thereof, shall be published once in the official newspaper
of the City, and shall take effect upon its passage, approval, and publication.
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DATED this 11th day of September 2003. J
CITY OF McCALL
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Valley Co , Idaho
By J
Ralph Colt n,Mayor
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TTEST:
Bar ara Bauer, City Clerk `
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ORDINANCE NUMBER 781 page 2 of 2
. � l
LEGAL DESCRIPTION
PARCEL
A parcel of land proposed as part of an agreement for vacation of a portion of
i
Dawson Avenue, being a part of Tax#24, Block 26, McCall First Addition, Book 1 ,
Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18 North, Range 3
East, Boise Meridian, City of McCall, Valley County, Idaho, and more particularly
l described as follows:
1
Commencing at the northeast corner of said Government Lot 2, thence
J 5.81°52'57"W., 10.60 feet to the northeast corner of said Block 26, which is also the
northeast corner of said Tax#24, falling on the west Right of Way of Davis Avenue,
and the point of beginning;
Thence, along said west Right of Way, S.001 1'38"W., 60.00' to the southeast
1
corner of Tax#24; thence, departing said west Right of Way, along the south line of
Tax#24, 5.89°55'35"W., 14.48 feet to a point; thence, departing said south line,
N.0 011'31"E., 60.00 feet to a point on the north line of Tax#24, also the north line of
f Block 26; thence along said north line, N.89 055'35"E., 14.48 feet to the point of
beginning.
I Containing 0.0199 acres.
Subject to all easements of record.
prepared by John Russell, Idaho PLS #6021, May 5, 2003
LEGAL DESCRIPTION
PARCEL B ,U
x
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26,
McCall First Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section
9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County,
Idaho, and more particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence
S.81 '52-57"W., 10.60 feet to the northeast corner of said Block 26, also the northeast
corner of Tax#24, falling on the west Right of Way of Davis Avenue and the north line
of said McCall First Addition; thence continuing along said north line, also the north line
of said Block 26, 5.89 055'35"W., 57.13 feet to the northwest corner of Block 26, also
the northwest corner of said Tax#24, falling on the east Right of Way of Dawson
Avenue, the point of beginning;
Thence, continuing along the north line of the McCall First Addition,
5.89055'35"W., 14.44 feet to an angle point in said north line; thence, continuing,
N 87-53'57"W., 5.75 feet to a point; ttlence departing said north line & 8"1"753" W.
60.57 feet to a,point;4hence N.89°55'35"E., 20.21 feet to a point on the east Right of
Way of Dawson Avenue, also the southwest corner of said Tax#24; thence, along said
east Right of Way, N.8 0 17'53"E., 60.65 feet to the northwest corner of Tax#24, the
point of beginning.
7 ?.
'` 11.5
Containing 0,0372 acres; �' "'�' rr,clos�c� �...►� Cj-h�,�rer�-.� t�h,ch '�lrt�.�
cc c-''eli
Subject to all easements of record.
P'LQ4".yt. Set., e r<_k o_-4a
etc,n 7 �}
prepared by John Russell, Idaho PLS #6021, August 5, 2003
H:\TRAVERSE\MCCALL\09DAWSON AVENUE.TRM cCall's First Addition Block 26 and Dawson Ave.
McCall's First Addition Block 26
Ay, uacation quitclaimed to Schoonover per QCD inst. No. 288487
and Ordinance'No. 'x'81
Area: 1207.295 5gFt 0.0277 Acres
Point Type Bearing Horiz Dist Radius Delta Northing Easting
10 0.34 -67.63
589055'35"W 14.44
11 0.33 -82.07
N87°53'54"W 5.75
12 0.54 -87.82
58 017'53"W 60.57
13 -59.40 -96.56
N89°55'35"E 20.21
14 -59.37 -76.35
N8°17'53"E 60.65
10' 0.64 -67.60
Closure View
Traverse Summary
Closed Loop 6 Points From 10 To 10'
Horizontal Distance: 161.62 Feet Slope Distance: 161.62 Feet
Area: 1207.295 SgFt 0,0277 Acres
Error Summary
Relative: 1 , 540(0.19)> 'Linear:0.30 Feet birection:56°47'20"W
Northing:0.30 Feet Easting:0.04 Feet Elevation:0.00 Feet
Angular: None
12-15-04
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TPC Desktop Page 1 12/15/04 08:14AM
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H:\TRA LL\O9DAW50NAVEy4UE.TRN0cCmU'aFirstAdditimn@|ock26mndDmwsmnAve.
McCall's Addition
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per survey 8-Z,4
Area: 1213294So7t �
Point Tvma Bearing HorizDiot Radius Delta Northing Eootin8
10 0.34 -67.63
509055'35"VV 14/44
11 0.33 -82.07
N87053'54"VK 5.75
12 0.54 -87.82
58*17'53"W '60,87����
15 -59.70 -96.60
N89055'35"E 20.21
14' -59.67 -78.39
N8017'53"E 80.65
10.1 0.34 -67.64
12-15-O4
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Instrument 288487 �� ^
VALLEY COUNTY,,CASCADE,IDAHO
20044045 02:14:17 No.of Papas:3 t
Recorded for:CITY OF MCCALL
LELAND G.HEINRICH eo:0-
Ex-Officio Recorder Deputy
Index to:QUfTCLAIM DEED UITCLAIM DEED
FOR VALUE RECEIVED, THE CITY OF McCALL, a municipal corporation in the
State of Idaho, Grantor, does hereby convey, release and forever quitclaim unto THOMAS H.
SCHOONOVER, whose current address is 1504 Davis, PO Box 2513, McCall, Idaho 83638, all
its right, title and interest, together with all right, title and interest hereinafter acquired by
Grantor, in the following premises located in Valley County, Idaho, to-wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
This Quitclaim Deed is executed pursuant to McCall City Ordinance No. 781,recorded as
Instrument No. `�$ ,with the Valley County Recorder on �� 2004.
DATED this 15{'' day of 12004.
CITY OF McCALL
I "
Kirk L. Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
QUITCLAIM DEED- 1
!
STATE OF IDAHO, )
ss.
County of Valley. )
1 ;
1 On this the day of -yo;• r , 2004, before me,
a Notary Public in and for said State, personally appeared KIRK L. EIMERS, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
6111911881"10,
.• �'. it �VLVi
. Y w NOTARY P LIC FOR IDAHO
. a
= Residing at: Mr-Ld l _T6
'V' G My Commission Expires: /) W,
STATE OF IDAft �TgTE 04••,•`
County of Valley. )
On this the K kday of Oca,t r , 2004, before me,
a Notary Public in and for said State, personally appeared DAN IRWIN,known or identified to
me to be the City Clerk of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written. /
,••,•••`D°V E$T•., NOTARY PUBL C FOR IDAHO
�•.•��• 0.�,�'•,, Residing at:
• •.
a O CRY * w My Commission Expires:
�'••, A TV,
I
QUITCLAIM DEED-2
LEGAL DESCRIPTION
A parcel of land proposed as part of an agreement for vacation of a portion of Dawson
Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26, McCall First
Addition, Book 1,Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18
North,Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, and more
particularly described as follows:
Commencing at the northeast comer of said Government Lot 2, thence 5.81°52'57"W.,
10.60 feet to the northeast corner of said Block 26, also the northeast corner of Tax#24, falling
on the west Right of Way of Davis Avenue and the north line of said McCall First Addition;
thence continuing along said north line, also the north line of said Block 26, 5.89°55'35"W.,
57.13 feet to the northwest comer of Block 26, also the northwest comer of said Tax #24, falling
on the east Right of Way of Dawson Avenue, the point of beginning;
Thence, continuing along the north line of the McCall First Addition, S.89°55'35"W., 14.44
feet to an angle point in said north line; thence, continuing,N.87°53'54"W., 5.75 feet to a point;
thence departing said north line 8;.$017'53"W. 60.57 feet to a paint; thence N.89°55'35"E.,20.21
feet to a point on the east Right of Way of Dawson Avenue, also the southwest comer of said
Tax#24; thence, along said east Right of Way,N.8°17'53"E., 60.65 feet to the northwest comer
of Tax#24, the point of beginning.
Containing�D.0372 acres,:
�7,2
Subject to all easements of record.
p645e. see cnc 1 tad awn cg 4 LS
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QUITCLAIM DEED-3
Instrument # 288720
VALLEY COUNTY,
CASCADE,IDAHO
1 2004-10-22
"' v 04:12:45
} Recorded for:AMERITITLE No_of Pages:2
A �l/�-) LELAND G.HEINRICH
Amer IT tie Intl x to cDE Recorder peppy
DEEDS
Part Of The JELD-WEN Family —�\X\
WARRANTY DEED
Schoonover
For Value Received,Thomas H. I .=unmarried man, the Grantors,
do hereby grant,bargain, sell and convey unto
Bruce W.Anderson and Andrea C.Anderson,husband and wife
whose address is 1507 Mancha Drive,Boulder City,NV 89005,
the Grantee,the following described premises,to-wit:
SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE
TO HAVE AND TO HOLD the premises with their appurtenances unto the said Grantees, their heirs and assigns
forever. And the said Grantors do hereby covenant to and with the said Grantees, that they are the owners in fee
simple of said premises that said premises are free from all encumbrances except the 2004 taxes and assessments
and that they will warrant and defend the same from all lawful claims whatsoever.
Dated:
—7-L P
Thomas H. Schoonover -
State of Idaho )
ss
County of VALLEY )
On this j�day of 2004 before me hu-(G�-a,�c` tip a notary public in and for said
State, personally appeared * known or identified to me to be the persons whose names are
subscribed to the within instrument,and acknowledged to me that they executed the same.
*Thomas H. Schoonover
Notary Public
Residing at: be-)�-LOy (.b
Commission Expires: _2 ./;;j,s.G�
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NO
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OC W') 141( 0: I I tiro AMER I T 1 TLE CASCADE 208110. U O U L7e r. 1.04
UUN•1'1N UA'1'IUN
• EXHIBIT A
t That part of Block 26 First Addition to the Townsite of McCall Idaho describe& €allows:
'`.. ,
Beginning at the Northeast comer of Block 26;
Thence Westerly along the Northerly boundary to the Northwest corner of said,Block; �?
Thence South 60,00 feet;
x.l Thence Easterly direction to the East boundary of said Block; �.
7i Thence North 60.00 feet along the Easterly boundary to the Place of Beginning. d
,4
x : TOGETHER WITH;
r P �..`.,,.. i
A areel of]and proposed as part of an agreement for vacation of a onion`of77awson •�.
p v falling betv�+een Blocks 19 and 26,McCallFtr,i ;
Avenue,being a part of Dawson A enue.
Addition,Book 1,page 58 of Plats, situated in Government Lot 2, Section 9, Township:1'8
e Boise Meridian, Ciry of ZvlcCall,Valley County, Idaho, awl more
it North,Rang 3 East, 1
' particularly described as follows: '
Commencing at the northeast corner of said Government Lot 2, thence 5;81°52;5?"v✓•, ;
; , .
10-60 feet to the avrtheast corner of said Block 26, also the northeast comer of Tax' ,4,' hag
'.•. on the west Right of Way of Davis Avenue and the north line of said McCall First'Ae�@i�ibn; ,
thence continuing along said north line, also the north line of sa id Block 26,5.89..°5S'3 5 W„
57.13 feet to the northwest comer of Block 26, also the no
corner of said Tax X124,falling
t p ginning;
on the east Right of Way of Dawson Avenue,the oint of be
Thence, continuing along the north line of the McCall First Addition,S.S9°55'35"W., 14.44 !
3' N.87°53'54"W.,5-75 feettol a point.
feet to an angle point in said earth line, thence, continuing,
8°"1T33 W.60.57*0t to 0,W thence N.89°55 3"E 20 2] "
thence depa ng'
g,,/ f itae S. " _
feet o a point on the east Rigast R Way
t of Way, 8°17�u E,60.65efeet o the northwest Cotner
Tax#24;thence, along said a Right Y,
' of Tax#24,the point of beginning- ,
." �C4se See. encl�se.cl ;
SAVE AND EXCEPT:
1 A parcel of land proposed as an of an agreement for vacation of a ortion;ofD'awsoA ,
tt� - P P P P St P
-, Avenue, being a pan of Tax#24, Block 26,McCall First Addition,Book 1,Page58>QfP1au, o yy
situated in Government Lot 2, Section 9,Towml3dp 18 North,Rangc 3 East,BoiselVfeiadiaa, City
of McCall, Valley County, Idaho, and more particularly described as follows:
Cornmenciag at the northeast comer of said Govetmnent Lot 2 thence S.81'52'-57."W.
10.60 feet to the northeast corner of said Block 26 which is also the northeast comer-of said Tax
#l24, falling on the west R-igbt of Way of Davis Avenue, and the point ofbeginning; ;
Thence, along seid west Right of Way, S.0°11'38"W., 60.00' to the southeast,aokncr•ofTax e,r
#24; thence departing said west Rigbt of Way, along the south line of Tax#24,S_89"° 5',35"W., .t
=A 14,48 feet to a point; thence, departing said south line,N.0°11'31IS, 60.00 feet to a:point on the ;
north line of Tax#24, also the north line of Block 26, thence along said north line, t
'. N.89°5535"T, 14.48 feet to the point of beginning,
10'a
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Commitment No: ICO2960 ST E W A'R''T,I I T L E
kk4�• t
C�UARANTY COMPAIvy•
TOTAL P.OA