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HomeMy Public PortalAboutOrd. 535 Exchange & Sale of City PropertyORDINANCE NO. AN ORDINANCE EXPRESSING THE INTENTION OF THE CITY OF McCALL, IDAHO, TO EXCHANGE CERTAIN REAL PROPERTY OF SUCH CITY FOR OTHER REAL PROPERTY, AND TO SELL THE PROPERTY RECEIVED IN SUCH EXCHANGE AND OTHER REAL PROPERTY OWNED BY THE CITY NOT USED FOR PUBLIC PURPOSES; DESCRIBING SAID REAL PROPERTY; SETTING FORTH THE PURPOSE OF SUCH EXCHANGE AND SALE; PROVIDING FOR THE CONDITIONS OF SALE; SETTING A PUBLIC HEARING UPON SUCH PROPOSITIONS; PROVIDING FOR A DATE AND TIME OF SUCH EXCHANGE AND SALE OF REAL PROPERTY IF NO OBJEC- TION IS MADE THERETO; AND PROVIDING FOR PUBLIC INSPEC- TION OF APPRAISALS OF SAID REAL PROPERTY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Pursuant to Section 50-1043, Idaho Code the City Council of the City of McCall, Idaho, does hereby express its intention to exchange certain real property of the City of McCall, which said property is not used for public purposes and is more particularly described as follows, to -wit: A parcel of land situate, in Government Lot 3, Section q, T. 18 N., R. 3 E., B.r1. , Cite of McCall, Valley County, Idaho, More particularly described as follows: Commencing at the southwest corner of Government Lot 3, Seg• t. i nn 9, T. 18 N., R. 3 E., 1i.1`I. , City of McCall, Valley County, Idaho; thence, S. 890 50' 58" E., 120.00 feet along the southerly boundary of said Lot 3, to the REAL POINT OF BEGINNING: Thence, continuing S. R9n 50' 58" E., 28.90 feet., thence, S. 0^ 38' 16" W., 40.49 feet) thence, N. 89" 50' 58" W. , . 28.90 feet, thence, N. 00 38' 16" E.,' 40.49 feet to the Point of Beginning, containing 1170 square fent, more of less. Bearings based on State. Plane Grid Azimuth. The real property which the city intends to receive in such exchange is more particularly described as follows: • A pardei of land' situate in Government Loi 3; Section 9; T. 18 N. i R. 3 E., 13.t1. , City of McCall, ValleyCount:y, td,iho,, More' particularly described as follows:• Commending at the soulhwest'cot;ner of.Government Lot 3; Section 9, T. 18 N., R. 3 E., $.M. , City of McCall, Valley County, Iddho; thence, S.• 890 50' 58" E., 60.00 feet along the southdr.l.,y hdundary' of said Lot 3; thence, S: 00 38' 16" W., 40.49 feet td the REAL POINT OF BEGINNING: Thencei continuing S. 00 38' 16",W., 19.51 feet, thence, S. 890 50' 58" 1., 60.00 feet, thence, N. 00 38' 16" F., 19.51 feet, thence, N. 890 50' 58" W., 60.00 feet to the Point .of Beginning, containing 1170 square feet, more of less. Bearings based on State 1'l.ane Grid Azimuth. Section 2. Pursuant to Section 50-1403, Idaho Code, the City Council of the City of McCall, Idaho, does hereby express its intention to sell certain real property of the City, which said real property is not used for public purposes and is more particularly described as follows: A parcel of land situate in Government Lot 3, Section 9, T. 18 N., R. 3 F., B.M., City of McCall, Valley CoUnty, Idaho, More ' •' art'lbularlydescribed as follows: • Commencing at N., thence, S. 89. ;of §aid Lot•3;. • the southwest corner of Government Lot 3, Section 9, 3,E.,, 13.M.-, City of McCall, Valley County,,.Idaho; 50' 58" E.'', 148.90 feet along the southerly boundary ..to the REAL' POINT OC BEGINNING: '"Thence, continuing S. 89. 50' 58" E., 75.00 thence, S. 00 38' 16" W., 100.00 feet, thence, N. 896 50' 58" W., 75.00 feet, thence, N. 00 38' 16" E., 100.00 feet .'to , containing 0,172 acre, more df less. Hearings based on State Plane Grid Azimuth. fee the: Point of Beginning, Section 3. That such exchange and sale of real property is to enable the Idaho Public Health District No. 4, also known as the Central District Health Department, to construct a build- ing required for the accomplishment of the duties imposed upon such district by law. Section 4. That such sale shall be subject to the reserva- tion to the City of McCall of the first right of refusal to repurchase such real property from said Public Health District and limiting said Public Health District to no more than five (5) reserved automobile parking spaces and requiring that all other automobile parking spaces shall be available for public use. Such sale shall be for cash Section 5. A public hearing propositions which said hearing s in the City of McCall, Idaho, on of , 1988, at the such day. at no less than appraised value. shall be held upon the above 11 be held at the City Hall , the ,2,1-/S day :30 o'clock p.m. of hour of Section 6. In the event that no objection is made to said exchange and ;gale in the form and in the manner as provided by law4 uch exch e and sale shall be made at 2:00 o'clock p.m., LU , at the McCall City Hall, McCa 1, 4flaho. Section 7. Copies of the appraised value of such premises are on file in the office of the City Clerk at the I1cCall City Hall and are available for public inspection. Passed and approved this day of % A— , 1988. Attest: • intention to sell certain real property of the City, which said real property is not used for Public purposes and is more particularly described as follows: A parcel of land situate Publisher's Affidavit of Publication STATE OF IDAHO County of Valley 1, Maggie Aganew, being duly swom and say, 1 am the receptionist of The Central Idaho 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 aforesaid and is a legal newspape,, that the Ordnance No. 535 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for one consecutive weeks in the regular and entire issue of every number thereof during the period of time of publication, and was published in the newspapernO Prr to a.supple- ment; and that publication o1 nodes such • J, 1 1988 and ended August j, 1'�i 1988. }.ss Subscribed, and sworn before„me this the day of STATE OF IDAHO, COUNTY OF VALLEY, ss. , 1988. On this day of 1988 before me, a Notary Pubic in and for said State, personally appeared Maggie Aganew, known to me or identifed to met, be the receptor t of the orporatiort that executed the ilstrument of the person(s) who executed the instrument on behalf of said corporation, and acknowl- edged to me tat such tion executed the same. /4)" Tom Grote Notary Public Residing at McCall, kiaho Commission Expires: 1993 ORDINANCE NO. 535 AN ORDINANCE EXPRESSING THE INTENTION OF THE CITY OF McCALL, IDAHO, TO EXCHANGE CERTAIN REAL' PROPERTY OF SUCH CITY FOR OTHER REAL PROPERTY, AND TO SELL THE PROPERTY RECEIVED IN SUCH EXCHANGE AND OTHER REAL PROPERTY OWNED BY THE CITY NOT USED FOR PUBLIC PURPOSES; DESCRIBING SAID REAL PROPERTY; SETTING FORTH THE PURPOSE OF SUCH EXCHANGE AND SALES PROVIDING FOR THE CONDITION OF SALE; SETTING A PUBLIC HEARING UPON SUCH PROPOSITION; PROVIDING FOR A DATE AND TIME OF SUCH EXCHANGE AND SALE OF REAL PROPERTY IF NO OBJECTION IS MADE THERETO; AND PROVIDING FOR PUBLIC INSPECTION OF APPRAISALS OF SAID REAL PROPERTY.BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO AS FOLLOWS: Sectionl. Pursuant to Section 50-1043, Idaho Code the City Council of the City of McCall, Idaho, does hereby express its intention to exchange certain real property of the City of McCall, which said property is not used for Public purposes and is more particularly described as follows: to -wit: A parcel of land situate in Government Lot 3, Section 9. T. 18 N., R. 3E., B.M., City of McCall, Valley County, Idaho, More particularly described as follows: Commencing at the southwest corner of Government Lot 3, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, S. 894 50' 58" E., 120.00 feet along the southerly boundary of said Lot 3, to the REAL POINT OF BEGINNING: Thence, continuing S, 894 50' 58" E., 28.90 feet, thence, S. 04 38' 16' W., 40.49 feet, thence , N. 894 50' 58" W., 28.90 feet, thence, N. 0° • 38' 16" E., 40.49 feet to the Point of Beginning, containing 1170 square feet, more or less. Bearings based on State Plane Grid Azimuth. The real property which the city intends to receive in such exchange is more particularly described as follows: A parcel of land situate in Government Lot 3, Section 9; T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, More particularly described as follows: Commencing at the southwest corner of Government Lot 3, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, S. 89 ° 50' 58" E., 60.00 feet, thence; N. 04 38' 16" E., 19.51 feet, thence, N. 894 50' 58" W., 60.00 feet to the Point of Beginning, containing 1170 square feet, more or less. Bearings based on State Plane Grid Azimuth. Section 2. Pursuant to Section 50-1403, Idaho Code, the City Council of the City of in Govemment Lot 3, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, More particularly described as follows: Commencing at the southwest corner of Govemment Lot 3, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, S. 894 50' 58" E., 148.90 feet along the southerly boundary of said Lot 3., to the REAL POINT OF BEGINNING: Thence, continuing S. 894 50' 58" E., 75.00 feet, thence, N. 89 4 50' 58" W., 75.00 feet, thence, N. 0 4 38' 16" E., 100.00 feet to the Point of Beginning, containing 0.172 acre, more or less. Bearings based on State of Plane Grid Azimuth. Section 3. That such exchange and sale of real property is to enable the Idaho Public Health District No. 4, also known as the Central District health Department, to construct a building required for the accomplishment of the duties imposed upon such district by law. Section 4. That such sale shall be subject to the reservation to crie City of McCall of the first right of refusal to repurchase such real property from said Public health District and limiting said Public Health District to no more than five (5) reserved automobile parking spaces and requiring that all other automobile parking spaces shall be available for public use. Such sale shall be for cash at no less than appraised value. Section 5. A public hearing shall be held upon the above propositions which said hearing shall be held at the City Ilall in the City of McCall, Idaho, on Thursday, the 25th day of August, 1988, at the hour of 7:30 o'clock p.m. of such day. Section 6. In the event that no objection is made to said exchange and sale in the form and in the manner is provided by law, such exchange and sale shall be made at 2:00 o'clock p.m,, Fnday, October 7, 1988, at the McCall City Hall, McCall, Idaho. Section 7. Copies of the appraised value of such premises are on file in the office of the City Clerk at the McCall City Hall and are available for public inspection. Passed and approved this 28th day of July, 1988. John Allen, Mayor, Attest, City Clerk STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, 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 McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 535- is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on , 1988, and duly recorded in my office; and v 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 having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City 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 2 5' day of �119/0U (Seal of the City) ArEhur J. S4midt,2(.-4(411P/ ty C er