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Home My Public Portal AboutOrd. 685 - Supporting DocsMcCALL CITY ATTORNEY Edward G. Burton, Esq. Internet: tedburtn@halcyon.com July 31, 1995 Mountain Title & Escrow, Inc. P. O. Box 798 Cascade, ID 83611 Re: Chisholm/Rogers Family Trust Deed to City, held by you already, for Pine-Wooley Connectort Our Ordinances number 684, 685 Confirming Deed Dear Colleen: You are handed herewith: 1. Ordinance 684 with attached two Exhibits 2. Ordinance 685 rezoning certain lands 3. Deed from City to Rogers Family Trust You already hold, held under letter from Ms. Chisholm dated July 25, 1995 addressed to yourselves, a 4. an executed and notarized deed from Rogers Trust #1 for the transfer of right-of-way to the City of McCall on the Pine-Wooley Connector (its Exhibit A) and Davis Street (its-ExtibirB). You are authorized to arrange publication of the Ordinances (Items 1 and 2) in the Central Idaho Star News (for return to ourselves after publication), and to deliver the deed (Item 3) at such time as you are able to delivery and recordation of the deed item 3; and 6. Issue title insurance (owner's standard) to the City of McCall on the land described in deed itme 4, subject only to standard exceptions (parties in possession, need for correct survey as to unrecorded interests, easements not recorded, labor and material liens, garbage collection liens, for example, items 2 through 8 in your COM0412-95). Very truly yours, CITY OF Mc ALL Edward G. Burton City Attorney and Prosecutor cc: Council Manager 216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 tseanngs oaseo on state mane urta Aztmtnn. ORDINANCE NO. 685 AN ORDINANCE OF THE CITY OF McCALL, IDAHO RELATED TO ZONING; REZONLNG THE REAL PROPERTY DESCRIBED HEREIN TO BE WITHIN ZONE B, MEDIUM DENSITY RESIDENIIAL; AMENDING THE ZONING MAP OF THE CITY OF McCALL; AND, DIRECTING THE CITY ATTORNEY TO ENDORSE SUCH CHANGE ON SUCH ZONING MAP. BE 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO PURSUANT TO MCC 3, AND ACTING LN A QUASI-JUDICIAL CAPACITY, AS FOLLOWS: Section 1: ZONING ACTION: The McCa11 City Planning and Zoning Commission having after public hearing made its favorable recommendation, and the Council having held a public hearing as well, and having decided to grant the petition for zoning map amendment, the real property described below is rezoned from its current zoning classification, which is A, Low Density Residential, to B, Medium Density Residential: Blocks 22, 23 and 24 McCall's First Addition to the Townsite of McCall, excluding however a tract described as: beginning at the Southeast corner of such Block 23, and running West along the south line of such Block 23 and also along the East - West Quarter line of Section 9, T. 18 N., R. 3 E., B. M. a distance of 120 feet; thence North a distance of 60 feet along a line parallel to the East line of such Block 23; thence East 120 feet along a line parallel to the South line of such Block 23; thence South a distance of 60 feet to the Place of Beginning; located north and west of such exclusion, in the City of McCall, Idaho. Section 2: ZONING MAP: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to reflect the above -described zoning classification change, and the City Attorney is instructed to endorse the zoning map accordingly and with the number and effective date of this Ordinance. Section 3: EFFECIIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved July 29, 1995. Dean A. Martens, Mayor James H. Henderson, City Clerk TOTAL P. 01 HI.JU-1b-1y�� 1060 I Hl NtUJS r.Lit UKUINANCE, NU. (1184` 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 WITHIN BLOCK 22, ALL IN McCALL'S FIRST ADDITION; AND ACCEPTING A DEED CONVEYING LANDS TO THE CITY FOR RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE. 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 provid 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 cf 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, andDavis Street approaches within Block 23, as drawn on the drawing, Exhibit A, excluding the right-of-way within the 0.11 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. Dean Martens Mayor James H. Henderson, City Clerk i\)\ N-P e STREET VACATION in McCALL'S 1ST ADDITION TO McCALL TOWNSITE The vacation of the 16.0 foot wide alley in Block 22 and certain portions of Dawson Street, Fir Street and Lenora Street, all being a portion of McCall's 1st Addition to McCall Townsite situate 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 County, 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: Commencing at the northeast corner of Block 21 of said McCall's 1st addition, the REAL POINT OF BEGINNING: Thence, S. 81° 25' E., 80.00 feet to the northwest comer of Block 24, thence. S. 8° 35' W., 341.29 feet to the southwest comer of Block 24, thence. N. 61° 43' 30" E., 229.12 feet along the southerly boundary of said Block 24 thence, S. 0° 10' 51" W., 68.25 feet to the northerly boundary of Block 23, thence, S. 61' 43' 30" W., 360.03 feet along the northerly boundary of Block 23, thence, 145.33 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 feet to the southeast corner of Block 22, thence, N. 8° 35' E., 21.36 feet to the northeast comer 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 Block 21, thence, S. 81° 25' E., 122.00 feet to the southeast corner of Bieck 21, thence, N. 8° 35' E., 300.00 feet to the Point of Beginning, containing 1.502 acres, more or less, Bearings based on State Plane Grid Azimuth. For value received and pursuant to Ordinance 684 of the City of McCall, the City of McCall, an Idaho municipal corporation, Grantor, conveys and quitclaims to the Trustees of the Rogers Family Trust No. 1, of McCall, Idaho. Grantee, the real property: described on Exhibit A, located in Valley County, Idaho, being vacated street rights -of -way for a portion of Fir Street, a portion of Lenora Street. a portion of Dawson Street, and the alley in Block 22, McCall's First Addition, reserving to Grantor a twenty -foot wide easement centered on the centerline thereof, for a sewer pipe buried within such property generally in the alignment of Fir Street and Fir Street extended easterly. On this 314-5 day of Ta , in the year 1995, before me, -31,1 L. 5..�.�e notary public, personally appeared Dean A. Martens, known or identified to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the same. No.ary Ifublic for Idaho y commission expires: �L�lul9i JOEL W. DROULARD PLS 5357 STREET VACATION HcCALL'S'1ST ADDITION `TO McCALL TOWNSITE The vacation of the 16.0 footWide alley in Block 22 and certain portions of Dawson•Street. Fir 'Street and Lenora Street, all being a portion of McCall's 1st Additiow to McCall Townsite situate in Section 9,'T. 18 N., R. 3 E., E.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 County, .Idaho,' more particularly described as_follows: All of the"16.0 foot wide a11eYd n Block 22, McCall's 1st Addition to McCall•Townsite AND the following described portions of Dawson Street, Fir Street and Lenora Street: Commencing'at•the»bortheast'corner of'Block 21 of said McCall's 1st Addition, the'REAL..:POINT OF BEGINNING: Thence,. S.81' .25' E',',,:- 80,00 feet to the northwest corner of Block ,24 thence, S.'.::.8'.:35' W., 34L 29 feet to the southwest corner of Block:24.. thence, .N.'61.'= 43' 30" E;, 229.12 feet along the southerly boundary' of said Block 24. thence, S. 0° 10' 51" K.,;68.25 feet to the northerly boundary of Block 23. thence, S. 61' 43' 30" k., 360.03 feet along the northerly boundary•of Block 23, thence, 145.33 feet along=a non -tangent curve to the left whose Tong chord bears S. 86' 13' 5 i " is ; , 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 feet 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' the easterly thence, N. 8' 35' the easterly thence, S. 81' 25' Block 21, thence, N. 8° 35' E.. 300.00 feet to the Point. of Beginning, containing 1.502 acres. more or less. W., 122.00 feet to the northwest corner of portion of Block 22, E.. 80.00 feet to the southwest corner of half of Block 21, E., 122.00 feet to the southeast corner of Bearings based on State Plane Grid Azimuth. •