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Home My Public Portal AboutOrd. 656 - Vacation of Eisman StreetORDINANCE NO. (z) .57p AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE VACATION OF EISMAN STREET UPON CONDITIONS AS TO EXISTING RIGHTS OF ACCESS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Upon favorable recommendation by the City Planning and Zoning Commission, Eisman Street, between Floyde Street and Deinhard Lane, is closed and vacated, title to pass as specified in the balance of this Ordinance. Section 2. The Mayor is authorized to execute on behalf of the City a deed to the North Portion of Eisman Street as depicted on Exhibit A and described on Exhibit B, title to vest in Beverly Enterprises, Inc., its successors and assigns, as owner of the adjacent property to the east, subject to a right of access in Lester D. Downer and Virginia L. Downer, their heirs, successors and assigns, as owners of land to the west of the North Portion, for access to the rear of their lot; and a right of access to J. R. Simplot Company, its successors and assigns, as owner of the property to the West of North Portion, south of the Downer parcel, and as owner of the parcel to the east of the North Portion and north of the Beverly Enterprises, Inc. tract. Section 3. The Mayor is authorized to execute on behalf of the City a deed to the Middle Portion of Eisman Street as depicted on Exhibit A and described on Exhibit C, title to vest in J. R. Simplot Company, its successors and assigns; subject to an easement for snow storage for snow removed from the property presently used as the business location of A-1 Storage, to vest in Duane B. Smith and Alberta M. Smith, and Lazy 7, Inc., d/b/a A-1 Storage, for so long as that property presently used as the business location of A-1 Storage (a mini -storage facility) is so used; such easement to affect only so much of the Middle Portion as lies due east of the property presently used as the business location of A-1 Storage. Section 4. The Mayor is authorized to execute on behalf of the City a deed to the South Portion of Eisman Street as depicted on Exhibit A and described on Exhibit D, title to vest in J. R. Simplot Company. Section 5. All such conveyances shall be subject to an easement for the maintenance, repair and replacement of utilities, if any, which on the date of conveyance are in place on the property described therein. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved December 9, 1993. Laurence A. Smith, Jr. Mayor AT _LEST: ArthuriJ. Schmidt, City Clerk ORDINANCE NO. printed December 6, 1993 page 1 of 1 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. (o S6 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on `-4 < t q , 1913, 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 end 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 / 3 7 day of , 19715 . Arthur J. hmidt, City Clerk (Seal of the City) £00'39ed 9892 17E9 802 49=S1 66, 61 noN THOMAS W. KERR PLS 998 KERR SURVEYING P.O. BOX 853 McCALL, IDAHO 83638 (208) 634-2686 November 18, 1993 JOEL W. DROULARU PLS 5357 NORTH PORTION OF VACATED EISMAN STREET A parcel of land situate in the SW 1/4 of the NE 1/4, Section 16, T. 18 N., B.M., City of McCa11, Valley County, Idaho, more particularly described as follows: Commencing at the Center 1/4 Corner of Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, N. 0° 39' 07" R., 730.00 feet along the north -south centerline of said Section 16; thence, S. 89° 48' 50" E., 1.00 feet; thence, thence, N. 0° 39' 07" E., 246.24 feet along a line parallel to said center section line; thence, 85.07 feet along a curve to the right whose radius is 84.38 feet and delta angle is 57° 46' 00" ; thence, N. 58° 25' 07" E,, 198.89 feet; thence, 24.58 feet along a curve to the left whose radius is 24.38 feet and delta angle is 57' 46' 00", to the REAL POINT OF BEGINNING: . Thence, N. 0' 39' 07" E., 121,99 feet to the southerly right- of-way of Floyde Street, thence, S. 89' 48' 58" E., 60.00 feet along said right-of-way, thence, S. 0° 39' 07" W., 122.48 feet. thence, 86.07 feet along a curve to the right whose radius is 84.38 feet and delta angle i8 57° 46' 00", thence, S. 58' 25' 08" W., 24.38 feet, thence, N. 0° 39' 07" E., 84.38 feet to the Point of Beginning, containing 0.251 acres, more or less. Bearings based on State Plane Grid Azimuth. 200'39dd 9882 VC9 808 SCSI es. st AON THOMAS W. $ERR PIS 998 KERR SURVEYING P.O. BOX 853 McCALL, IDAHO 83638 ( 208 ) 634.4686 November 18, 1993 JOEL W. DROULARD PLS 6357 MIDDLE POTION OF_VACATED EISMAN STREET A parcel of land situate in the SW 1/4 of the NE 1/4, Section 16, T. 18 N., B.M., City of McCall, Valley, County, Idaho, more particularly described as follows: Commencing at the Center 1/4 Corner of Section 16. T. 18 N., R. 3 E., D.M., City of McCall, Valley County, Idaho; thence, N. 0° 39' 07" E., 730.00 feet along the north -south centerline of said Section 16; thence, S. 89° 48' 50" E., 1.00 feet to the REAL poncr OF BEGINNING: Thence, N. 0' 39' 07" E., 245.24 feet along a line parallel to said center seotion line, thence, 85.07 feet along a curve to the right whose radius is 84.38 feet and delta angle is.57" 46' 00", thence, N. 58° 25' 07" E., 198.89 feet, thenoe, 24.58 feet along a curve to the left whose radius is 24.38 feet and delta angle is 57* 46' 00", thence, S. 0' 39' 07" W., 84.38 feet, thence, S, 58° 25' 07" W., 174,81 feet, thence, 24.58 feet along a curve to the left whose radius is 24.38 feet and delta angle is 57° 48' 00", thence, 0° 39' 07" W., 244.76 feet, thence, N. 89° 48' 50" W., 60 feet to the point of Beginning. containing 0.680 acres, more or Less. Bearings based on State Plane Grid Azimuth. 9892 1709 802 SE: S I C6 . 61 AON THOMAS W. KERR PLS 998 KERR SURVEYING P.O. BOX 853 McCALL, IDAHO 83638 (208) 634-2686 November 18, 1993 JOEL W. DROU'LARD PLS 5367 SOUTH PORTION OF VACATED giSMAN STREET A parcel of land situate in the SW 1/4 of the NE 1/4, Section 16, T. 18 N., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the Center 1/4 Corner of Section IS, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, N. 0' 39' 07" E., 30.00 feet along the north south centerline of said Section 16 to the northerly right-of-way line of Deinhard Street; thence, S. 89* 48' 50" E., 1.00 feet along said right-of-way to the REAL POINT OF BEGINNING:_ Thence, N. 0° 39' 07" E., 700.00 feet along a line parallel to said center section line, thence, S. 89° 48' 60" E., 60.00 feet, thence, S. 0° 39' 07" W., 700.00 feet to said right-of-way, thence, N. 89* 48' 50" W., 60 feet to the Point of Beginning, containing 0.964 acres, more or less. Bearings based on State Plane Grid Azimuth. 1,00'39t1d 8092 beg 802 Le:GT 86, 81 AON .1 n, 0 h 4 E!S M AN S TR E ff r 1/AG A-1- IeW //t/9/73 Publisher's Affidavit of Publication STATE OF IDAHO County of Valley I, Ramona A. George, being duly swom and say, I 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 newspaper; that the NOTICE OF ORDINANCE NO. 656, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive 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 publication of such notice began December 16, 1993 and ended December 16, 1993. 1.SS Subscribed and sworn before rt)ehis the'21Qth day of December, 1993. STATE OF IDAHO COUNTY OF VALLEY On this 20th day of December, in the year of 1993, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly swom, 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: 1999 ORDINANCE NO.656 AN ORDINANCE' OF THE CITY OF McCALL, IDAHO, RELATING TO THE VACATION OF EISMAN STREET UPON CONDITIONS AS TO EXISTING ;RIGHTS OF ACCESS; AND PROVIDING, AN EF- FECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Upon favorable recommenda- tion by the City Planning and Zoning Commission, Eisman Street, between Floyde Street and Deinhard Lane, is closed and va- cated, title to pass as specified in the balance of this Ordinance. Section 2. The Mayor is authorized to ex- ecute on behalf of the City a deed to the North Portion of Eisman Street as depicted on Exhibit A and described on Exhibit B, title to vest in Beverly Enterprises, Inc., its successors and assigns, as owner of the adjacent property to the i east, subject, to a right of access in Lester D. Downer. and Virginia L. Downer, their heirs, successors and assigns, as owners of land to the west of the North Portion, for access to the rear of their lot; and a right of access to J. R. S implot Company, its successors and assigns, as owner of the property to the West of North Portion, south of the Downer parcel, and as owner of the parcel to the east of the North Portion and north of the Beverly Enterprises, Inc. tract. Section 3. The Mayor is authorized to ex- ecute on behalf of the City a deed to the Middle Portion of Eisman Street as depicted on Exhibit A and described on Exhibit C, title to vest in J. R. Simplot Company, its successors and as- signs; subject to an easement for snow storage for snow removed from the property presently used as the business location of A-1 Storage, to vest in Duane B. Smith and Alberta M. Smith, and Lazy 7, Inc., d/b/a A-1 Storage, for so long as that property presently used as the business location of A-1 Storage (a mini -storage facil- ity) is so used; such easement to affect only so much of the Middle Portion as lies due east of the property presently used as the business location of A-1 Storage. Section 4. The Mayor is authorized to ex- ecute on behalf of the City a deed to the South Portion of Eisman Street as depicted on Exhibit A and described on Exhibit D, title to vest in J. R. Simplot Company. Section 5. All such conveyances shall be subject to an easement for the maintenance, repair and replacement of utilities, if any, which on the date of conveyance are in place on the property described therein. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved December 9, 1993. Laurence A. Smith, Jr., Mayor ATTEST: Arthur J. Schmidt, City Clerk 1t12/16 _ . _ _ _ _