HomeMy Public PortalAboutOrd. 684 - Vacation - Lenora, Dawson & FirACCOMMODATION
ORDINANCE NO. 684
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
VACATION OF PORTIONS OF LENORA STREET, OF DAWSON STREET, AND
OF FIR STREET; AND THE ALLEYWAY WITIIlN BLOCK 22, ALL IN McCALL'S
FIRST ADDffiON; AND ACCEPTING A DEED CONVEYING LANDS TO THE
CITY FOR RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. The Council finds as recommended by the Planning & Zoning Commission
that there will not be a transportation need for the streets identified in this
Ordinance as to be vacated, once the City has the right-of-way for the Pine -
Wooley Connector and Davis Street approaches as shown on the drawing, Exhibit
A, drawn by Kerr Surveying attached hereto as an exhibit, which will provide
superior transportation to the area as compared with the streets to be vacated.
Section 2. Those portions of Lenora Street, Dawson Street, Fir Street, and the alleyway
in Block 22, McCall's First Addition, indicated in yellow high-lighting on the
attached drawing, Exhibit A, drawn by Kerr Surveying, and described on the legal
description on the attached text exhibit, Exhibit B, are vacated effective upon
delivery by the City of the deed described in Section 3
Section 3. The City Attorney shall prepare, and the Mayor and the Clerk are authorized
to sign, a deed to the effect stated above, to evidence this vacation, quitclaiming
such land to the Trustees of the Rogers Family Trust as owners of adjacent
property, and shall place such deed in escrow with Mountain Title & Escrow, to
be held and delivered as provided in Section 4 .
Section 4. Mountain Title shall deliver such deed on behalf of the City when Mountain
Title can simultaneously make delivery of the deed to the City to the Pine-Wooley
Connector within Blocks 22 and 23, and Davis Street approaches within Block 23,
as drawn on the drawing, Exhibit A, excluding the right-of-way within the 0.114
acre parcel at the Southeast corner of Block 23.
Section 5. Upon demand of the City Manager, if in his view the purpose of this
Ordinance cannot be met, Mountain Title shall return the deed to the City for
cancellation, rather than delivery, and this Ordinance shall then be void.
Section 6 . This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law; provided that pubication may be
withheld until Mountain Title states that delivery of the deeds can be made upon
publication.
Passed and approved July 29, 1995. ~ 4 ~«A f 4~ O
Dean Martens o "' ~
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ATTEST:
Mayor o ~ ~
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ORDINANCE NO. 684 Adopted by Council July 29, 1995 page 1of1
Printed July 28, 1995. Publish as stated therein. By the City Attorney pursuant to
recommendation by the Planning & Zoning Commission.
] .... _"
C'l_'1f if ''E " ~ THOMAS W.
PLS 998
KERR SURVEYING
P.O. BOX 853
McCALL, IDAHO 83638
(208) 634-2686
July 2 7, 1995
STREET VACATION
in
JOEL W. DROULARD
PLS 5357
McCALL'S 1ST ADDITION TO McCALL TOWNSITE
The vacation of the 16.0 foot wide alle y in Block 22 and certai n
portions of Dawson Street, Fir Street and Lenora Street, all being
a portion of McCall's 1st Addition to McCall Townsite si t uat e in
Section 9, T. 18 N ., R. 3 E., B.M., and as shown on the Official
Plat, thereof, on file in Book 1, Page 28 of Plats in the Office of
the Recorder of Valley Co unty, Idaho, more particularly described
as follows:
All of the 16.0 foot wide alley in Block 22, McCall's 1st Addition
to McCall Townsite AND the following described portions of Dawson
Street, Fir Street and Lenora Street:
Co mmen ci ng at the northeast corner of Block 21 of said Mc Call's 1st
Addition, the REAL POI NT OF BEGIN NING:
Thence, S. 81° 25' E., 80.00 feet to the northwest corner of
Block 24,
thence, S. 8° 35' W., 341.29 feet to the southwest cor n er of
Block 24,
thence, N . 61° 43' 30 " E., 22 9.12 feet along the southerly
boundary of said Block 24,
thence, s. 0° 10' 51" w. t 68.25 feet to the northerl y boundar y
of Block 23,
thence, S. 61° 43' 30 " W., 360.03 feet along the northerl y
boundary of Block 23,
thence, 14 5. 3 3 feet along a non-tangent curve to the left
whose long chord bears S. 86° 13' 57 " W., 144.65 feet and
whose radius is 435.00 feet and delta angle is 19° 08'
29", to the southerly boundary of Block 22,
thence, N. 61° 43' 30" E., 195.06 fee t to the southeast corner
of Block 22,
thence, N . 8° 35' E., 21.36 feet to the northeast corner of
Block 22,
thence, N . 81° 25' W., 122.00 feet to the northwest corner of
the easterly portion of Block 22,
thence, N. 8° 35' E., 80.00 feet to the southwest corner of
the easterly half of Blo ck 2 1,
thence, S. 81° 25' E., 122.00 feet to the southeast corner of
Block 21,
th e n ce, N . 8° 3 5' E., 300.00 feet to the Point of Beginning,
containing 1.502 acres, more or less.
Bearings based on State Plane Grid Azimuth.
State of Idaho )
)
County of Valley )
City of McCall
Certificate of Recording Officer
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 the statutory custodian of all laws,
ordinances and resolutions of said City.
2 . That the attached Ordinance No . 684 is a true and correct copy of an ordinance passed at a
regular meeting of the Council of the City of McCall held on July 29, 1995 , and duly recorded in my office; and
3 . That said regular meeting was duly conv ened 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 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 hav e been duly fulfilled, carried out and observed; and that I am
authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set m y hand and affixed the official seal of the City of McCall,
Idaho this 15th day of August 1995 .