HomeMy Public PortalAboutOrd. 780 - Dawson Avenue Vacation - NOT APPROVEDORDINANCE NO. 780
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;
ESTABLISHING A VALUE FOR SAID PROPERTY AND DECLARING AN
INTENTION TO TRANSFER OR EXCHANGE SAID PROPERTY, 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 Dawson Avenue
which is described in Exhibit A (hereafter "Dawson Avenue Vacation Lot") of this
Ordinance; that Tom Schoonover is the owner of the property adjoining the Dawson
Avenue Vacation Lot; and, that the Dawson Avenue Vacation Lot 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 and sale or transfer of
the Dawson Avenue Vacation Lot is consistent with the present and future development
of the neighborhood; is consistent with the interests of the adjacent property owners; and
is in the best interest of the City.
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 Dawson Avenue Vacation Lot. From and after the effective date of this
Ordinance, the Dawson Avenue Vacation Lot 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 Council believes it is in the best interest of the City to
exchange or transfer said property, and establishes a minimum value for said property of
$2.08 per square foot, or $3,370. Further, to Tom Schoonover, who is the owner of the
adjacent real property has expressed a desire to enter into an agreement with the City of
McCall to acquire the Dawson Avenue Vacation Lot through an exchange and payment
for additional value by exchange or transfer.
ORDINANCE NUMBER 780 page 1 of 2
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 11th day of September 2003.
CITY OF McCALL
Valley County, Idaho
By
Ralph Colton, Mayor
ATTEST:
Barbara Bauer, City Clerk
ORDINANCE NUMBER 780 page 2 of 2
.4
ORDINANCE NO.780
EXHIBIT A
Dawson Avenue Vacation Lot
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 V. Iley }
City of McCall
Certificate of Recording Officer
I, the undersigne•, the duly appointed, qualified, Ct Clerk of the City of McCall,
Idaho, do hereby ertify the following:
1. That pursuant to the provisions of ection 50-207, Idaho Code, I keep
a correct jo rnal of the procee ngs of the Council of the City of
McCall, Idaho, and that I am stat , ory custodian of all laws, ordinances
and resolutions of said City.
2. That the attache • Ordinance b. 780 is a true and correct copy of an
ordinance passed :t a regul meeting of the Council of the City of
McCall held on September 1, 2003 and duly recorded in my office;
and
3. That said regular meeti
in accordance with law
proper notice of such me
members of the Council
passage of said ordin
proceedings incident to
as duly convened and held in all respects
d to the extent required by law, due and
ting and that a legally sufficient number of
oted in the proper manner and for the
c-• and that all other requirements and
the • roper adoption and passage of said
ordinance have been dv,y fulfil ed, carried out and observed; and that
am authorized to execute this c •rtificate.
IN WITNESS WHEREOF, I hae hereunt• set my hand and affixed the official
seal of the City of McCall, Idaf(o this 11th da of September 2003.