HomeMy Public PortalAboutOrd. 778 - Vacating a Portion of a Public Right-Of-Way - Dawson Ave.Instrument # 281394
VALLEY'COUNTY, CASCADE, IDAHO
2004-04-01 10:12:46 No. of Pages: 2
Recorded tur : CITY OF MCCALL
LELAND G. Fee: 1� 0 n
Ex-Offi�:ic. Recordecords D 0
r Deputy
lex to. ORDINANCES
ORDINANCE NO. 778
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, VACATING A
PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON
AVENUE 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 l:
The Mayor and Council hereby find and declare that an application was submitted on
October 29, 1997 for vacation of a portion of a public right-of-way commonly known as
Dawson Avenue which is described in Exhibit A (hereafter "Dawson Avenue Vacation
Property") of this Ordinance; and, that the Dawson Avenue Vacation Property may be
vacated pursuant to McCall City Code § 3-21-310 and Idaho Code 50-1317 et. seq.
Section 2.
The City of McCall Planning & Zoning Commission submitted a favorable
recommendation, after public hearings pursuant to MCC 3-21-310 and IC 50-1317 et.
seq., on December 16, 1997. The McCall City Council adopted the recommended
Findings of Fact and Conclusions of Law and by motion approved the vacation request on
January 8, 1998.
Section 3.
The McCall City Council hereby vacates the Dawson Avenue Vacation Property. From
and after the effective date of this Ordinance, the Dawson Avenue Vacation Lots 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.
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 22nd day of January 2004.
CITY OF McCALL
Valley` /County, Idaho VA
By kZ�1=
Kirk L. Eimers, Mayor
ATTEST:
Shirley K.Overton, Deputy City Clerk
ORDINANCE NO.778
EXHIBIT A
Dawson Avenue Vacation Property
A parcel of land proposed as part of an agreement for vacation of a portion of
Dawson Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26,
McCall First Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section
9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County,
Idaho, and more particularly described as follows:
Commencing at the northeast corner of said Government Lot 2, thence S. 81 ° 52'
57" W., 10.60 feet to the northeast corner of said Block 26, also the northeast corner of
Tax #24, falling on the west Right of Way of Davis Avenue and the north line of said
McCall First Addition; thence continuing along said north line, also the north line of said
Block 26, S. 89° 55' 35" W., 57.13 feet to the northwest corner of Block 26, also the
northwest corner of said Tax #24, falling the east Right of Way of Dawson Avenue, the
point of beginning;
Thence, continuing along the north line of the McCall First Addition, S. 89° 55'
35 W., 14.44 feet to an angle point in said north line; thence, continuing, N. 87° 53' 57"
W.,; 41.66 feet to a point; thence departing said north line, South, 61.58 feet to a point;
thence N. 89° 55' 35" E., 47.32 feet to a point on the east Right of Way of Dawson
Avenue, also the southwest corner of said Tax #24; thence along said east Right of Way,
N. 8° 17' 53" E., 60.65 feet to the northwest corner of Tax #24, the point of beginning.
Containing 0.0720 acres.
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. 778 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on January 22, 2004, 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
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 2G7vday of ? Zooy
Robert A. Strope, City Clerk
Publisher's Affidavit of PublicatiottOJw
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 February 5, 2004 and ended February 5, 2004.
Subscribed and s(wdrn befordohe this the 6th day of February, 2004.
STATE OF IDAHO
COUNTY OF VALLEY
•
On this 6th day of February, in the year of 2004, 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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