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Home My Public Portal AboutOrd. 764 - Vacating A Portion Of A Public Right-Of-Way Herrick StreetInstrument # 262907 VALLEY COUNTY, CASCADE, IDAHO 2002-06-14 /y :09:40 No. of Pages: 7 Recorded for: LELAND G. HEINRICH Fee• � `// Ex-Officio Recorder Deputy \� �"'�� Index to. ORDINANCES ORDINANCE NO. 764 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY. COMMONLY KNOWN AS HERRICK STREET AND LOCATED IN McCALL, VALLEY COUNTY, IDAHO; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1: The Mayor and Council hereby find and declare that application has been submitted by M Resorts Ltd., an Idaho Limited Partnership, for vacation of a portion of a public right-of-way commonly known as Herrick Street which is described in Exhibit A of this Ordinance (hereafter "Herrick Street Vacation Property"); that M. Resorts Ltd. is the owner of the property adjoining the Herrick Street Vacation Property on both sides; and, that the Herrick Street Vacation Property may be vacated pursuant to McCall City Code § 3-21-310 and Idaho Code 50-1317 et. seq. Section 2: The Mayor and Council hereby find and declare that the vacation of the Herrick Street Vacation Property is consistent with the present and future development of the neighborhood; consistent with the interests of the adjacent property owner; does not negatively affect the utilities located on the Herrick Street Vacation Property; and, is consistent with input from the various public agencies relevant to the vacation of the Herrick Street Vacation Property. Section 3: The McCall City Council, having received a favorable recommendation from the City of McCall Planning and Zoning Commission after public hearing, pursuant MCC 3-21-310 and IC 50-1317 et. seq., and the Council, having held a public hearing as well, hereby vacate the Herrick Street Vacation Property. From and after the effective date of this Ordinance, the Herrick Street Vacation Property shall be removed as a street of the City of McCall. Section 4: In furtherance of this vacation, M. Resorts Ltd. shall enter into utility easement agreements for electrical, telephone and cable television service, and for municipal water and sewer lines, across the Herrick Street Vacation Property. Section 5: Also in furtherance of this vacation, M Resorts, Ltd. shall dedicate a culdesac, more particularly described at the attached Exhibit B, to the City of McCall. Section 6: Also in furtherance of this vacation, and pursuant to McCall City Code § 3-21-310(E) and Idaho Code § 50-311, the City of McCall shall quitclaim the Page 1 of 3 May 23, 2002 Ordinance No. 764 Herrick Street Vacation Property to M Resorts, Ltd., who is the owner of the adjacent real property on both sides of the Herrick Street Vacation Property. Section 7: The Herrick Street Vacation Property shall be removed from, or marked as vacated on, any official street map of the City of McCall. i Section 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. i ATTEST: Cathleen Koch, City PASSED AND APPROVED this, day of ••••s,..•....,, . • •`�• 0 •••-- •••,1. •el t. •• • 6 SEAL, ; o c * �•. ; * . • •.• 0 ks+0 ......•••• 4 .i°4 2.11. L „9 P �•� . lerk CITY OF McCALL Ralph Cdlton, Mayor , 2002. Page 2 of 3 May 23, 2002 Ordinance No. 764 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: i I. 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 statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 764 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall • held on May 23, 2002 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 and proper notice of such 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 have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho thisrd day of61j 2002. 4. N. 'S o��.....e Ord r s 9.,, c c � SEAL IS %* f*irs 1. •4.••�• sC�4 L L' 19 eeeeeeee P�,,'o. •14en$10110' Cathleen A. Koch, City Clerk Page 3 of 3 May 23, 2002 Ordinance No. 764 i �i TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS McCALL AIR TAXI BUILDING P.O. BOX 2308 McCALL, IDAHO 83638-2308 208-634-4863 • FAX 208-634-4951 DATE: November 26, 2001 PROJECT: 93065 PAGE: 1 OF 1 BOUNDARY DESCRIPTION OF A PORTION OF HERRICK STREET RIGHT-OF-WAY A parcel of land located in the NW1/4 of Section 8, T.18N., R.3E., B.M., Valley County, City of McCall, Idaho, more particularly described as: COMMENCING at the N1/16 comer common to Sections 7 and 8, T.18N., R.3E., BM; thence, along the west line of said Section 8, ` A) S.0°14'17"W., 387.17 feet to a point; thence, departing said section line, B) S.89°59'53"E., 528.06 feet to a point; thence, C) S.31°33'24"E., 23.56 feet to a point; thence, D) S.19°51'50"E., 93.34 feet to the POINT OF BEGINNING; thence, 1.) 62.07 feet along a non -tangent curve to the left having a radius of 60.00 feet, a delta angle of 59°16'31", and a chord bearing and distance of N.15°20'44"E., 59.34 feet; thence, 2.) N.70°08'20"E., 5.77 feet to a point; thence, 3.) S.19°51'40"E., 151.37 feet to a point; thence, 4.) S.11°25' 18"E., 420.92 feet to a point on the northerly Right -of -Way line for State Highway No. 55; thence, along said Right -of -Way, 5. N.73°30'52"W., 45.27 feet to a point; thence, departing said Right -of -Way, 6.� N.11°25' 14"W., 396.92 feet to a point; thence, 7.i) N.19°51'40"W., 99.80 feet to the POINT OF BEGINNING. CONTAINING 0.49 acres more or less. Ordinance No. %Li Exhibit "A", Page 1 BOISE • COEUR d'ALENE • McCALL N V16 S7 • S8 �W 0 Z S89'59'53'E / 528.06 LEGEND • FOUND 1/2" IRON PIN O 1/2" IRON PIN W/PLASTIC CAP LS 8577 o ANGLE POINT — NOTHING SET O FOUND HIGHWAY R/W MONUMENT 570'08'20"W 5.77' R=60.00 L=62.07 DELTA=59' 16'31 " EXHIBIT OF HERRICK STREET PARCEL FOR M RESORTS, INC. Ordinance No. 7V, Exhibit "A", Page 2 SCALE: 1 "=100' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 300 DEINHARD LANE McCALL, IDAHO 83638 PHONE: 208-634-4863 • FLAX: 208-634-4951 F-FILEG•\93065\HERRICK.ROW.DWG GATE: T1/19/01 JOB: 93065 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS McCALL AIR TAXI BUILDING P.O. BOX 2308 McCALL, IDAHO 83638-2308 208-634-4863 • FAX 208-634-4951 DATE: November 26, 2001 PROJECT: 93065 PAGE: 1 OF 1 DESCRIPTION OF A PARCEL FOR THE CULDESAC OF HERRICK STREET A parcel of land located in the NW'/4 of Section 8, T.18N., R.3E., B.M., Valley County, Idaho, more particularly described as: COMMENCING at the N1/16 comer common to Sections 7 and 8, T.18N., R.3E., BM; thence, along the west line of said Section 8, A) S.0°14'17"W., 387.17 feet to a point; thence, departing said section line, B) S.89°59'53"E., 528.06 feet to the POINT OF BEGINNING; thence, 1.) S.31°33'24"E., 23.56 feet to a point; thence 2.) S.19°51'40"E., 93.34 feet to a point; thence, 3.) 209.46 feet along a non -tangent curve to the right having a radius of 60.00 feet, a delta angle of 200°01'04", and a chord bearing and distance of N.35°00'28"W., 118.17 feet; thence, 4 ) N.65°00'04"E., 26.21 feet to the POINT OF BEGINNING. CONTAINING 0.20 acres more or less. Ordinance No. —I Cry Exhibit "B", Page 1 BOISE • COEUR d'ALENE • McCALL r I 3 i N 1/16 S7 S8 N00'14'17'E" co R=60.00 L=209.46 DELTA=200101'04. EXHIBIT OF HERRICK STREET CULDESAC PARCEL FOR M RESORTS, INC. LEGEND • FOUND 1/2" /RON P/N O 1/2" IRON P/N W/PLASTIC CAP LS 8577 o ANGLE POINT — NOTHING SET O FOUND HIGHWAY R/W MONUMENT SCALE: 1 "=50' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 300 DEINHARD LANE McCALL, IDAHO 83638 PHONE: 208-634-4863 • FAX: 208-634-4951 E-FILE: G:\93065\CULDESAC.DWG DATE: 11/26/01 JOB: 93065 Ordinance No. 74,y Exhibit "B", Page 2 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn 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 June 6, 2002 and ended June 6, 2002. Subscribed and s(atdrn beforeCdie this the 6th day of June, 2002. STATE OF IDAHO COUNTY OF VALLEY On this 6th day of June, in the year of 2002, 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. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 • � ORDINANCE�N0:764`-'�' ` `•: AN ORDINANCE OF : THEg `CLTY:?! M8CALL;IDAHO, VACATINOAPORTION .-A OF •;PUBL;IG) RIGHT=OF=WAYr `COM,-., MONLY';KNOWN?AS HERRICK,STRE) T,° AND.. LOCATED IN..: IcCALI; -VALLEY COUNTY IDAHO PROVIDING- 'FOR;R& L:ATEDMATTERS AND PROVIDTNG•AN, .EltECTIVE.DATE:.'., :::,^:' :.'r. _: •::: • BE IT'•ORDAINED BY•THE MAYC AND COUNCIL OFTHECITYOFMcC `IDAHO; AS FOL`.LOWS: +;" Section 1:The I4layor'.arid Coiincil=here • .find aiicrcieelare that applicutiou,has.beens}i miffed by M Resortsan:Idalro I inii' ^Partnership;for :vacationof a portiori',q a public right-of-way,- cominonlyAnown:, as Herri4Street which`is described in Exhibit A -of this OOrdinaiiee` Me`reafter "Herrick:` Street Vacation Property".); tliat M: Resorts Ltd.; is the owner: ofibe:property;adjoinprg_Me;Heriick' Strget Vicatiote Property, of ;both sides, aiiit; • tliat the.Heriick Street. acation Property;ma • be:vacated pursuant to McCall;City.Code£,,3 21-310 and Idaho Code'50-1311'et: seg'.0:: Sectionn2: The Mayorand;Council hereb' find and declare that the vacation of t10-Ierric' Street Vacation Property istOpOistentwrtli•th, present and. future'development Qt`_the_neigh borhood; consistent viith;the•5ipterek:irthe,' adjacent property owner does .not negatively affect the utilities located on,tbe,:Hernck Street Vacation Property;'Mid is consistent with rn ti'" . put from the various publicageikiesrelevanttoi; the vacation; of the HerAC Street Vacation; r.,; S4 l i. rlv a i PropertY•. s � F r �' � 1 Section 3 The lyleCall City_Council: hay ing received,a favorable recommendationfromr Me City of Mccilly14tmnigAid4,,Otling.,03` mission after pubLciiea rig;pursuantMCG 21-310 and IC 5011317 et set ;and tire, Cou �• cil,havingheld, apublie,heanngas,Well,hereby vacate. the Herrick:Stree(Vaeation Property; From and after the effective date of this Ordi maned, .the Henick Street Vacation Property shall • be ,removed• as;a street ,of the Ci Secuon'4 Infurtlierance of tlustvacation; entermtoutihtyeasement 'agreements for ele444al, telephone. and cable t, telgvisionservice and-formunicipalwatecand: sewerlines:across theallerrickStreet Vacation; Property , .W a 'y • <�Sechon^5: Also ut ftirthetanc?e�of this vacs tton M Resorts, Ltd: shall dedicate a culdesac, higOprr rtienlarly described .,atLLthe attaelied -` Ezlubit B, to the City of IvIcCall:<,„. '• %Seefibt0iPAlsgicifurtheranceli this,i ., troi, and pursuant.to IYTcf'a11 CitiPlifl4'3=21 � �0(E) and,Idaho. Code£ 50311 the-Cify`of"": ' r McC�ll shall' quitclaun the Heslck Streetiyd cation Property to M Resorts Ltd who is -the owiier�ofthe-adjacenbrealpropertyjon both_'. sides,of tl3e Iiemck Street Vaeatipn Pro• ;Section :7 The Hemck Street Vaoatio... Pcoc"petty sf iall be,reinoved from, or marked a§ F, vaated on,'any official street map of the City 11 ,�.Sectton 8: TlusrOrilulance'shall be in: circe;'and';effec t frOt,* d''after,: its .passage; approval and pubhcation as requued bylaw • PASSED'4,N. P. ,PFROVED_ :thts'23rd:day :of May; -2,002 "CTTYpF.McCALL "_ . ` � �talph'Colton, Mayor s ' �r:�' �,,-•, ,� • ; ATTEST Crithleeti Koch City Clerleki6 '