HomeMy Public PortalAboutOrd. 777 - Vacating a Portion of a Public Right-of-way commonly known as Carmen DriveInstrument # 281393
VALLEY COUNTY, CASCADE, IDAHO
2004-04-01 09:40:56 No. of Pages: 5
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH Fee. 0 0
Ex-Officio Recorder Deputy
Index to. ORDINANCES
ORDINANCE NO.7,77
AN ORDINANCE OF ,THE CITY OF McCALL, IDAHO, VACATING A
PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS CARMEN
DRIVE 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 an application has been submitted
for vacation of a portion of a public right-of-way commonly known as Carmen Drive
which is described in Exhibit A (hereafter "Carmen Drive Vacation Lot 99A"), Exhibit B
(hereafter "Carmen Drive Vacation Lot 100A"), and Exhibit C (hereafter "Carmen Drive
Vacation Lot 101A") of this Ordinance and hereafter collectively referred to as the
"Carmen Drive Vacation Properties"; that Andree L. Lamothe and Thomas J. Haynes are
the owners of the property adjoining Carmen Drive Vacation Lot 99A and Carmen Drive
Vacation Lot 100A, that Joyce Elizabeth Wenman is the owner of the property adjoining
Carmen Drive Vacation Lot IOTA; and, that the Carmen Drive Vacation Properties 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 Carmen Drive
Vacation Properties is consistent with the present and future development of the
neighborhood; consistent with the interests of the adjacent property owners; and, is
consistent with input from the various public agencies relevant to the vacation of the
Carmen Drive Vacation Properties.
Section 3.
The McCall City Council, having received a favorable recommendation from the City of
McCall Planning and Zoning Commission after public hearing, pursuant to MCC 3-21-
310 and IC 50-1317 et. seq., and the Council, having held a public hearing as well,
hereby vacates the Carmen Drive Vacation Properties. From and after the effective date
of this Ordinance, the Carmen Drive Vacation Properties shall be removed as a street of
the City of McCall and shall be removed from, or marked as vacated on, any official
street map of the City of McCall.
Section 4.
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 Carmen Drive Vacation Lot
99A and the Carmen Drive Vacation Lot 100A to Andree L. Lamothe and Thomas J.
ORDINANCE NUMBER 777 page 1 of 2
Haynes, who are the owners of the adjacent real property; and the Carmen Drive
Vacation Lot 101A to Joyce Elizabeth Wenman, who is the owner of the adjacent real
property.
Section 5.
This ordinance, or a summary thereof, shall be published once in the official newspaper
of the City, and shall take effect upon its passage, approval, and publication.
DATED this 12111day of J � � 2003.
CITY OF McCALL
Valley C unty, Idaho
Co
By
Ralp on, ayor
ATTEST:
Barbara Bauer, City Clerk
i
ORDINANCE NUMBER 777 page 2 of 2
ORDINANCE NO. 777
EXHIBIT A
Carmen Drive Vacation Lot 99A
A parcel of land situate in the S%2 of the SW%a of Section 8, T. 18 N., R. 3 E., B.M., being
a portion of Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat
thereof on file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County,
Idaho, more particularly described as follows:
Commencing at a %2 inch rebar marking the north east corner common to Lots 99
and 100, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file
in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho,
the REAL POINT OF BEGINNING:
Thence, N. 46° 30' 02" E., 1.34 feet to a %2 inch rebar,
Thence, N. 31° 35' 53" W., 97.48 feet to a %2 inch rebar marking the north west
corner of Lot 99,
Thence, S. 30° 49' 40" E., 97.77 feet to the Point of Beginning, containing 0.001
acre, more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
I
1
ORDINANCE NO.777
EXHIBIT B
Carmen Drive Vacation Lot 100A
A parcel of land situate in the S% of the SW1/4 of Section 8, T. 18 N., R. 3 E., B.M., being
a portion of Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat
thereof on file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County,
Idaho, more particularly described as follows:
Commencing at a %2 inch rebar marking the north east corner common to Lots 100
and 101, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file
in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho,
the REAL POINT OF BEGINNING:
Thence, N. 38° 01' 02" E., 21.43 feet to a %2 inch rebar,
Thence, 70.03 feet along a non -tangent curve to the right, whose long chord bears
N. 46° 12' 56" W., 69.19 feet, whose radius is 130.38 feet, and delta angle
is 30° 46' 33" to a % inch rebar,
Thence, N. 31 ° 35' 53" W., 23.62 feet to a % inch rebar,
Thence, S. 46° 30' 02" W., 1.34 feet to a % inch rebar marking the north west
corner of said Lot 100,
Thence S. 30° 49' 40" E., 97.77 feet to the Point of Beginning, containing 0.014
acre, more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
ORDINANCE NO.777
EXHIBIT C
Carmen Drive Vacation Lot 101A
A parcel of land situate in the S1/2 of the SW'/4 of Section 8, T. 18 N., R. 3 E., B.M., being
i
a portion of Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat
thereof on file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley
County, Idaho, more particularly described as follows:
Commencing at a 1/2 inch rebar marking the north east corner common to Lots 100
and 101, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file
in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho,
i
the REAL POINT OF BEGINNING:
Thence, N. 38° 01' 02" E., 21.43 feet to a 1/2 inch rebar,
Thence, 70.15 feet along a non -tangent curve to the left, whose long chord bears
S. 77° 01' 00" E., 69.30 feet, whose radius is 130.38 feet, and delta angle
is 30° 49' 35" to a'/2 inch rebar,
Thence, S. 30° 49' 40" E., 36.66 feet to a 5/8 inch rebar on the north east
boundary of said Lot 101,
Thence N. 73° 08' 16" W., 103.99 feet to the Point of Beginning, containing 0.040
acre, more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
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 statutory custodian of all laws, ordinances
and resolutions of said City.
2. That the attached Ordinance No. 777 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on June 12, 2003 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of McCall, Idaho this 12th day of June 2003.
seer, City Clerk
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 26, 2003 and ended June 26, 2003.
Subscribed and sWrrdrn beforeCnhe this the 27th day of June, 2003.
STATE OF IDAHO
COUNTY OF VALLEY
On this 27th day of June, in the year of 2003, 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
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QUITCLAIM DEED
FOR VALUE RECEIVED, THE CITY OF McCALL, a municipal corporation in the
State of Idaho, Grantor, does hereby convey, release and forever quitclaim unto ANDREE L.
LAMOTHE and THOMAS J. HAYNES, whose current address is PO Box 1051, McCall, Idaho
83638, all its right, title and interest, together with all right, title and interest hereinafter acquired
by Grantor, in the following premises located in Valley County, Idaho, to -wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
This Quitclaim Deed is executed pursuant to McCall City Ordinance No. 777, recorded as
Instrument No. 281393, with the Valley County Recorder on April 1, 2004.
DATED this 70 day of G;pril , 2004.
CITY OF McCALL
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ATTEST:
Kirk L. Eimer
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Shirley K. Overton, Deputy City Clerk
Instrument # 282141
VALLEY COUNTY, CASCADE, IDAHO
2004-041,22 10:09:06 No. of Pages: 3
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH Fee: 0.00
Ex-Officio Recorder Deputy sri 6
QUITCLAIM DEED - 1
STATE OF IDAHO, )
) ss.
County of Valley. )
On this the AO day of , 2004, before me,U
a Notary ryPublic in and for sai State, personally appeared KIRK L. EIMERS, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and;year in this certifisgOrst above written.
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STATE IOF IDAHO, �'')• f OFI,too-
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County of Valley. )
On this the 20 day of _, 2004, before me,
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a Notary Public in and for said State, personally appeared SHIRLEY K. OVERTON, known or
identified to me to be the Deputy City Clerk of the City of McCall that executed the said
instrument, and acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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QUITCLAIM DEED - 2
EXHIBIT A
Carmen Drive Vacation Lot 99A
A parcel of land situate in the S%2 of the SW1/ of Section 8, T. 18 N., R. 3 E., B.M., being a
portion lof Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat thereof on
file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, more
particularly described as follows:
Commencing at a %2 inch rebar marking the north east corner common to Lots 99 and
100, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file in Book 7,
Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, the REAL POINT
OF BEGINNING:
Thence, N. 46° 30' 02" E., 1.34 feet to a 1/2 inch rebar,
Thence, N. 31 ° 35' 53" W., 97.48 feet to a 1/2 inch rebar marking the north west corner of
i
Lot 99,
Thence, S. 30° 49' 40" E., 97.77 feet to the Point of Beginning, containing 0.001 acre,
more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
QUITCLAIM DEED - 3
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QUITCLAIM DEED
;FOR VALUE RECEIVED, THE CITY OF McCALL, a municipal corporation in the
State of Idaho, Grantor, does hereby convey, release and forever quitclaim unto THOMAS J.
HAYNES and ANDREE L. LAMOTHE, whose current address is PO Box 221, McCall, Idaho
83638, All its right, title and interest, together with all right, title and interest hereinafter acquired
by Grantor, in the following premises located in Valley County, Idaho, to -wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
This Quitclaim Deed is executed pursuant to McCall City Ordinance No. 777, recorded as
Instrument No. , with the Valley County Recorder on , 2003.
;DATED this day of , 2003.
ATTEST:
Barbara Bauer, City Clerk
CITY OF McCALL
Ralph C61ton, ayor
Instrument # 273128
VALLEY COUNTY, CASCADE, IDAHO
2003-06-26 09:53:04 No. of Pages: 3
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH Fee: 0.00
Ex-Officlo Recorder Deputy
Index to: QUITCLAIM DEED
QUITCLAIM DEED - 1
STATE OF IDAHO, )
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County of Valley. ) /
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On this the 1-2 day of @� , 2002, before me,,
a Notary Public in and for said State, personally appeared RALPH COLTON, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
STATE OF ID
County of Valley. )(.
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On this the I`�. day of�u,,,.�_ , 2002, before me, ,
a Notary Public in and for said State, personally appeared B ARA BAUER, known or
identified to me to be the Clerk of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal, the
day and year in this certificate first above written.
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QUITCLAIM DEED - 2
EXHIBIT A
Carmen Drive Vacation Lot 100A
A parcel of land situate in the S%2 of the SW1/4 of Section 8, T. 18 N., R. 3 E., B.M., being a
portion of Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat thereof on
file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, more
particularly described as follows:
Commencing at a %2 inch rebar marking the north east corner common to Lots 100 and
101, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file in Book 7,
Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, the REAL POINT
OF BEGINNING:
Thence, N. 38° 01' 02" E., 21.43 feet to a %2 inch rebar,
Thence, 70.03 feet along a non -tangent curve to the right, whose long chord bears N. 46°
12' 56" W., 69.19 feet, whose radius is 130.38 feet, and delta angle is 30° 46' 33"
to a %2 inch rebar,
Thence, N. 31 ° 35' 53" W., 23.62 feet to a %2 inch rebar,
Thence, S. 46° 30' 02" W., 1.34 feet to a %2 inch rebar marking the north west corner of
said Lot 100,
Thence S. 30° 49' 40" E., 97.77 feet to the Point of Beginning, containing 0.014 acre,
more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
QUITCLAIM DEED - 3
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STATE OF IDAHO, )
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County of Valley. )
On this the t al day of=�Aefore me, »ta 1— rit,A
a Notary Public in and for said State, personally appeared RALPH COLTON, known or
identified to me to be the Mayor of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written. /
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On this the t �,Z day of 4z,�� before me,
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a Notary Public in and for said State, personally appeared ARBARA BAUER, known or
identified to me to be the Clerk of the City of McCall that executed the said instrument, and
acknowledged to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above wn
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QUITCLAIM DEED - 2
EXHIBIT A
Carmen Drive Vacation Lot 101A
A parcel of land situate in the SY2 of the SWY4 of Section 8, T. 18 N., R. 3 E., B.M., being a
portion of Carmen Drive of Rio Vista Subdivision No. 5, as shown on the official plat thereof on
file in Book 7, Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, more
particularly described as follows:
Commencing at a %2 inch rebar marking the north east.corner common to Lots 100 and
101, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file in Book 7,
Page 29 of Plats, in the office of the Recorder of Valley County, Idaho, the REAL POINT
OF BEGINNING:
Thence N. 38° 01' 02" E. 21.43 feet to a %2 inch rebar,
Thence, 70.15 feet along a non -tangent curve to the left, whose long chord bears S. 77°
01' 00" E., 69.30 feet, whose radius is 130.38 feet, and delta angle is 30° 49' 35"
to a Y2 inch rebar,
Thence, S. 30° 49' 40" E., 36.66 feet to a 5/8 inch rebar on the north east boundary of said
Lot 101,
Thence N. 73° 08' 16" W., 103.99 feet to the Point of Beginning, containing 0.040 acre,
more or less.
Bearings based on the plat of Rio Vista Subdivision No. 5.
QUITCLAIM DEED - 3