HomeMy Public PortalAboutOrd. 718 - Vacation of 6th Street; 5
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ACCOMMODATION
ORDINANCE NO.718
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
VACATION OF SIXTH STREET; AND PROVIDING AN EPTECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. The Planning and Zoning Commission having made a favorable
recommendation to Council, and the Commission and Council having both found that
there is no public need for the following described right-of-way which now serves only
three properties. The right-of-way of Sixth Street
described on Exhibit "A", and
depicted on Exhibit "B",
is closed and vacated, subject only to the utility easement described in Exhibit "C" and
the rights of the owners of utilities now in place, and to be placed in the future, to
maintain the same until relocated with their consent; and the same shall be conveyed to
the owners of the abutting property, each owner to acquire the property between the
extended side lines of the property already owned by each, to the centerline of the vacated
Sixth Street.
Section 2. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law. Pursuant to Title 3 of the McCall City
Code, this vacation shall be subject to the filing of a suitable re -plat or record of survey.
Passed and approved 3 /I i/ 97
ATTEST:
Cherry • dbury,
City Clerk
Kirk L. Eimers,
Mayor
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THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
December 10, 1998
EXHIBIT "A"
_page 1. of 3
JOEL W. DROULARD
PLS 5357
VACATED 6TH STREET, McCALL'S 1ST ADDITION
EAST PORTION -
A parcel of land situate in the NW1, of the SEVI of Section 9,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho,
being a portion of 6th Street as shown on the official plat thereof
of McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats more particularly described as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats; thence, N. 63° 55' 02" E., 40.20 along the extended
northerly boundary of said Block 14 to a 5/8" rebar at the center
line of 6th Street, the REAL POINT OF BEGINNING:
Thence, continuing N. 63° 55' 02" E., 40.20 feet to a 1 1/4"
pipe on the east boundary of said McCall's 1st Addition,
thence, S. 28° 12' 30" E., 256.56 feet along said east
boundary to a 5/8" rebar,
thence, S. 61° 33' 44" W., 40.03 feet to the center line of
6th Street,
thence, N. 28° 14' 24" W., 258.21 feet to the Point of
Beginning, containing 0.237 acres, more or less.
Bearings based_ on State Plane Grid Azimuth.
THOMAS W. KERR
PLS 998
KERR SURVEYING
. PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
December 14, 1998
EXHIBIT "A"
page 2 of 3
JOEL W. DROULARD
PLS 5357
VACATED 6TH STREET, McCALL'S 1ST ADDITION
NORTH WEST PORTION
A parcel of land situate in the NW-1 of the SE'l of Section 9,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho,
being a portion of 6th Street as shown on the official plat thereof
of McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats more particularly described as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats, the REAL POINT OF BEGINNING:
Thence, N. 63° 55' 02" E., 40.20 feet to a 5/8" rebar at the
center line of 6th Street,
thence, S. 28° 14' 24" E., 129.10 feet along said center line,
thence, S. 62° 44' 48" W., 40.10 feet to the west line of said
Block 14,
thence, N. 28° 16' 27" W., 129.93 feet to the Point of
Beginning, containing 0.119 acres, more or less.
Bearings based on State Plane Grid -Azimuth.
THOMAS W. KERR
PLS 998
KERR SURVEYING
. PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
December 14, 1998
EXHIBIT "A"
page 3 of 3
JOEL W. DROULARD
PLS 5357
VACATED 6TH STREET, McCALL'S 1ST ADDITION
SOUTH WEST PORTION
A parcel of land situate in the NW'N of the SE'l of Section 9,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho,
being a portion of 6th Street as shown on the official plat thereof
of McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats more particularly described as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats; thence, S. 28°16' 27" E., 129.93 feet along the east
boundary of said Block 14 to the REAL POINT OF BEGINNING:
Thence, N. 62° 44' 48" E., 40.10 feet to the center line of
6th Street,
thence, S. 28° 14' 24" E., 129.11 feet along said center line
to the extended south boundary of said Block 14,
thence, S. 61° 33' 44" W., 40.02 feet to the south east corner
of said Block 14,
thence, N. 28° 16' 27" W., 129.93 feet to the Point of
Beginning, containing 0.•119 acres, more or less.
Bearings based on State Plane Grid Azimuth.
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TIFICA TE
is as required by Idaho Code,
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e re —imposed in accordance .
326, Idaho Code, by the issuance
' disapproval.
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The common art
their interests apl
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A non—exclusive
common area is
Each townhome
wax; paper or
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No building or st
dispbsol facility
or shelter is loc
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This plat is subjt
No irrigat
THOMAS W. KERR
PLS 998
KERR SURVEYING
. PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
December 20, 1998
EXHIBIT"C"
page 1 of 3
JOEL W. DROULARD
PLS 5357
WATER LINE MAIN NAN E AND REPAIR E EMENT
A 12' wide water line maintenance and repair easement situate in the
NWT of the SEA of Section 9, T. 18 N.,
McCall, Valley County, Idaho, located in rtE•on a M'' City of
p
vacated 6th Street as shown on the officialp Portion of
McCall's 1st Addition to the Village of McCall,on filerenthethof
e
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats the centerline of which is more particularly described
as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats; thence, N. 63° 55' 02" W.,
extended north boundary of said Block 14 to.
OhefREAL eet along
the OF
BEGINNING:
Thence, S. 28° 16' 27" E., 107.21 feet 6.00 feet northeasterly
of and parallel to the south west line of said vacated
6th Street to "Point A",
thence; continuing S. 28° 16" 27„ E
extended south boundary of said Block14,the. Po feet to
he extended
Ending.
Also, commencing at above noted "Point A", the REAL POINT OF
BEGINNING:
Thence, N. 65° 09' 18" E., 211.92 feet to the Point of Ending.
Bearings based on State Plane Grid Azimuth.
THOMAS W. KERR
PLS 998
KERR SURVEYING
. PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
December 10, 1998
JOEL W. DROULARD
PLS 5357
EXHIBIT "C"
page 2 of 3
POWER LINE AND UTILITY EASEMENT
VACATED 6TH STREET, McCrALL'S 1ST ADDITION
A power line maintenance and repair and utility easement
situate in the NWT of the SE'� of Section 9, T. 18 N., R. 3 E.,
B.M., City of McCall, Valley County, Idaho, lying over a portion of
6th Street as shown on the official plat thereof of McCall's 1st
Addition to the Village of McCall, on file in the office of the
Recorder of Valley County, Idaho in Book 1, on Page 28 of Plats
more particularly described as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats, the REAL POINT OF BEGINNING:
Thence, N. 63° 55' 02" E., 10.00 feet,
thence, S. 28° 16' 27" E., 94.92 feet along a line parallel to
and 10.00 feet north easterly of the west boundary of
said vacated 6th Street,
thence, S. 34° 50' 00" E., 165.57 feet to the extended south
boundary of said Block 14,
thence, S. 61° 33' 44" W., 20.13 feet along said extended
boundary,
thence, N. 34° 50' 00" W., 76.93 feet to the east boundary of
said Block 14,
thence, N:-.28° 16' 27" W., 183.42 feet to the Point of
Beginning.
Bearings based on State Plane Grid Azimuth.
THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853
MC 'CALL, IDAHO 83638
208-634-2686
November 20, 1998
EXHIBIT,'C"..
page. 3 of
JOEL W. DROULARD
PLS 5357
INGRESS, EGRESS AND UTILITY EASEMENT
An ingress, egress and utility easement situate in the NW1/, of
the SE1A of Section 9, T. 18 N.., R. 3 E., B.M., City of McCall,
Valley County, Idaho, located on a,portion of vacated 6th Street as
shown on the official plat thereof of McCall's 1st Addition to the
Village of McCall, on file in the office of the Recorder of Valley
County, Idaho in Book 1, on Page 28 of Plats more particularly
described as follows:
Commencing at a 5/8" rebar marking the northeast corner of Block
14, McCall's 1st Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho in Book 1, on Page
28 of Plats; thence, S. 28° 16' 27" E., 259.87 feet to the south
east corner of said Block 14; thence, N. 61° 33' 44" E., 9.06 feet
along the extended south boundary of said Block 14 to the REAL
POINT OF BEGINNING:
Thence, N. 28° 25' 50" E., 37.06 feet to the center line of
said vacated 6th Street,
thence, S. 28° 14' 24" E., 20.25 feet along said center line
to the extended south boundary of said Block 14,
thence, S. 61° 33' 44" W., 30.96 feet to the Point of
Beginning, containing,313 square feet, more or less.
Bearings based on State Plane Grid Azimuth.
6c1A-9:1—
Cfl C‘ [ -CA C
Valley Count Property Program 1/5/99 12:15:57 PM
Page 1
RPM00000097840A 610 E. LENORA ST 83638Taxes:
MC NAIR, HUGH S.
02 N. 3RD #103
mCCALL, ID 83638
Legal Description Other Names
MCCALL ACREAGE MC NAIR, HUGH S.
TAX #102 & #108F IN NW4 SE4 MC NAIR, CYNTHIA B.
S9 T18N R3E
Description Cat Value Quanity Unit
Residential Lots or 20 47267 1.2 AC
Improvements, Reside 41 51098 .0
total 98365
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Carol J. Wright, being duly swom 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 March 25, 1999 and ended March 25, 1999.
GANie
Subscribed and sW
STATE OF IDAHO
m befor
COUNTY OF VALLEY
e this the 26Ih day of March, 1999.
On this 26th day of March, in the year of 1999, 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.
a
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
oVey
ORDINANCE NO.718
An ordinance of the City of McCall, Idaho,
relating to the vacation 'of Sixth Street; and
providing an effective date. Be it ordained by
the Mayor and Council of the City of McCall,
Idaho, as follows:
Section 1. The Planning and Zoning Com-
mission having made a favorable
recommendation to Council, and the Commis- -
sion and Council having both found that there
is no public need for the following described
right-of-way which now serves only threeprop-
erties. The right-of-way of Sixth Street
described on Exhibit "A," and
• depicted on Exhibit "B,"
is closed and vacated, subject only to the
utility easement described in Exhibit "C" and
the rights of the owners of utilities now in place,
and to be placed in the future, to maintain the .
same until relocated with their consent; and the
same shall be conveyed to the owners•of the ,
abutting property, each owner to acquire to die.
property between the extended side lines of the
property • already owned by each, to • the. .
centerline of the vacated Sixth Street. •
Section 2. This Ordinance shall be in frill '
force and effect from and after its passage,
approval and. publication as required by lai,v.•
Pursuant to Title 3 of the McCall City Code,
this vacation shall be subject to the filing of a.
suitable re -plat or record of survey.
• EXHIBIT'lA"
VACATED 6TH STREET, MCCALL'S
1ST ADDITION
WEST PORTION
. A parcel of land situate in the NW_ of the
SE_ of Section 9, T. 18 N.; R. 3 E., B.M., City
of McCall, Valley County, Idaho, being a por-
tion of 6th Street as shown on the official plat
thereof of McCall's 1 st Addition to the Village
of McCall, on file in the office of the Recorder
of Valley County, Idaho in Book 1, on Page 28
of Plats more particularly described as follows:
Commencing at a 5/8" rebar marking the
northeast corner of Block 14, McCall's 1st
Addition to the Village of McCall, on file in the
office of the Recorder of Valley.County, Idaho
in -Book 1; on Page 28 of Plats, the REAL
POINT OF BEGINNING:
Thence,N., 63_ 55'.02" E.; 40.20 feet to a 5/
8" rebar on the center line of 6th Street,
thence, S. 28_ 14' 24" E., 258.21 feet along
said centerline to the extended south boundary
of said Block 14, .
thence, S. 61_ 33' 44" W., 40.02 feet to the
southeast corner of said Block 14, •
. thence, N. 28_ 16' 27" W., 259.87 feet to the
Point of Beginning, containing 0.238 acres,
more or less..
Bearings based on State Plane Grid Azi-
muth.
x�.
Li�1V 1 1 Vl\11Vll
tuate in the
/4 of the
SE I/.4 parcel Section 9, T. 18 N., R. 3 BIM City
of McCall, Valley County, Idaho, being a por-
tion of 6th•Street as shown on the official plat
thereof of McCall's 1st Addition to the Village
of McCall, on file in the office of the Recorder
of Valley County, Idaho in Book 1, on Page 28
Of Plats more particularly described as follows:
Commencing at a 5/8" rebar marking the
• northeast -corner of Block .14, McCall's 1st
Addition to the Village ofMcCall, on file in the .
office of the Recorder of Valley County, Idaho
in Book 1, en Page 28 of Plats; thence, N..63_
55' 02" E., 40.20 along the extended northerly
• boundary of said Block 14to a 5/8" rebar at the
Center line of 6th Street, the REAL POINT OF
BEGINNING:
Thence, continuing N. 63_55' 02" E., 40.20
feet to a 1 1/4" pipe on the east boundary.of said
McCall's 1st Addition,
thence, S. 28_ 12' 30" E., 256.56 feet along .
said east boundary to a 5/8" rebar,
thence,_S. 61_ 33''44" W., 40.03 feet to the
center lice of 6th Street, •
thence, N. 28_ 14' 24" W., 258.21 feet to the
Point of Beginning, containing 0.237 acres,
more or less.
Bearings based on State Plane Grid Azi-
moth. • •
WATER LINE MAINTENANCE
AND REPAIR EASEMENT
A water line maintenance and repair ease-
ment situate in the NW_ of the SE_ of Section
9, T. 18 N., R. 3 E., B.M., City of McCall,
Valley: County,• Idaho, located in part on a
portion of Vacated .6th Street as shown on the
official plat thereof of McCall's 1st Addition to
the.VillageofMcCal1, on file in the office of the
Recorder of Valley County, Idaho in Book 1,
on Page 28 of Plats the centerline of which is
more particularly described as follows:
Commencing at a 5/8" rebar marking the !
northeast corner of Block 14, McCall's 1st
Addition to the Village of McCall, on file in the •
office of the Recorder of Valley County, Idaho
in Book 1, on Page 28 of Plats; thence, N. 63%.
55' 02" W., 6.00 feet along the extended north '
boundary of said Block 14 to the REAL POINT -
OF BEGINNING: •
• Thence, S. 28% 16' 27" E., ] 0741 feet 6..00
feet northeasterly of and parallel:to the south" •
west line of said vacated 6th Streit to ,"point
thence, continuing S. 28% 16" 27" 4.,
152.41 feet to,the extended south boundary of
said B1ock'14, the Point Of Ending.
Also, conuneneing•at above noted "Point
A", the REAL. POINT OF BEGINNING:
Thence, N. 65% 09' 18" E., 211.92 feet to
the Point df.Ending..
Bearings based on State Plane Grid Azi j
much.
EXHIBIT
POWER LINE AND UTILITY EASEMENT
VACATED 6TH STREET; McCALL'S 1ST.. •
• . • ADDITION
WEST PORTION.:
• A power line maintenance and repair and
utility easement situate in the NW1/4 of the
SE1/4.of Section 9, T. 18 N., R. 3 E., B.M:, City
of McCall; Valley County, Idaho:lying over a
portion of 6th StreeYas shown on the official
plat thereof of McCall's 1st Addition to the
Village of McCall, on Mein the office .of the '
Recorder of Valley County, Idaho in Book 1;
on Page 28 of Plats more particularly described
as follows:
Commencing at a 5/8" rebar marking the
northeast comer of Block 14, McCall's 1st
Addition to the Village of McCall, on file in the
office of the Recorder of Valley County, Idaho
in Book 1, on Page 28 of Plats, the REAL
POINT OF BEGINNING:
. Thence, N. 63% 55' 02" E;;10.00 feet,
thence; S. 28% 16' 27" E., 94.92 feet along
a line parallel to and 10.00 feet north easterly of
the west boundary of said vacated 6th Street, .
thence, S. 34% 50' 00" E.,165.57 feet to the
extended south boundary of said Block 14,
thence, S, 61 % 33' 44" W., 20.13 feet along
said extended boundary,
thence, N. 34°% 50' 00" W., 76.93 feet to the
east boundary of said Block 14, " •
thence, N. 28% 16' 27" W., 183.42 feet to
the Point of Beginning.
'Bearings based on State'Plane. Grid Azi-
muth. .
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1 r . N12e1424" W • . 252.2T
6ih STREET _
. - it ICE WIiR 1.1W EASE6 ./ • - _
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COCO
T ia,.
tr ICE **TER tit EASt ea �
MGR:MO EGRESS AND UTILITY
EASEMENT
EAST PORTION
An ingress, egress and utility easemi
situate in the NW 1/4 of the SE1/4 of Section
T. 18 K RA E:, B.M., City o.fMcCall, Vali
County,_I ello; located on a portion of vacat
6th isttget as shown on the official plat there
. of, 1 CCall's .1st Addition to the Village
Mce,11, on file in the office of the Recorder
Vakley.County, Idaho in Book 1, on Page 28•
Plats more particularly described as follows
Commencing at a 5/8" rebar marking tl
�iertheast corner of Block 14, McCall's 1
. Addition to the Village ofMcCall, on file in t1
/n Book 1, op ffice Of the Page 2g Plats; t}ountyrIdat
ence, N. 62
5.5' 02" E., 40.20 feet to a 5/8" rebar on tl
�3 •center line df vacated 6th Street; thence, S. 28
0 14' 24" E.,192.39 feet along said center line t
Ithe REAL POINT OF BEGINNING:
p Thence,. S. 83_ 22'.30".E., 48.82 feet to th
y • least right-of-way of -said vacated 6th Street,
thence, S. 28_ 12' 30" E.,15.27 feet along
said right-of-way, . •
I thence, S. 28_ 25' 50" W., 41.19 fr• •- =}t!
;extended gortli ight-of-way of Park ;
,Er. • • thence; S. OIL 33'.44" W., 5.64 ft !I
said extended right-of-way to the center -line o1
vacated 6th Street,
!' • thence, N. 28_ 14' 24" W., 65.83 feet to the
• Point of. Beginning, containing 1,487 square
feet, more br less. •
. Bearings based on State Plane Grid Azi-
Muth. •
Passed and approved 3/11/99.
Kirk L. Eimers,
=_