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HomeMy Public PortalAboutOrd. 781 - Dawson Avenue Land Exchange and VacationInstrument # 288485 VALLEY COUNTY, CASCADE, IDAHO 2004-10-15 02:09:11 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. Fee: 0.00 _� Ex-Officio Recorder Deputy Q -1/` Index to: ORDINANCES Q ORDINANCE NO. 781 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, EXCHANGING A PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON AVENUE AND LOCATED IN McCALL, VALLEY COUNTY, IDAHO FOR A PORTION OF DAVIS AVE LOCATED IN McCALL, IDAHO; ESTABLISHING A VALUE FOR SAID PROPERTYS AND DECLARING AN INTENTION TO TRANSFER OR EXCHANGE SAID PROPERTYS, 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: 3 The Mayor and Council hereby find and declare that an exchange agreement has been proposed to exchange of a portion of a public right-of-way commonly known as Dawson Avenue Lot, a legal description is provided in Exhibit A (hereafter "Dawson Avenue Lot") with a portion of Davis Avenue, a legal description is provided in Exhibit B (hereafter Davis Avenue Parcel); that Tom Schoonover is the owner of the Davis Avenue Parcel as well as property adjoining the Dawson Avenue Lot; and, that the Dawson Avenue Lot is owned by the City of McCall. Section 2. The Mayor and•Council hereby find and declare that the exchange of the Dawson Avenue Lot with the Davis Avenue Parcel 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 Idaho Code §§ 50-1403 & 1405 et. seq., and the Council, having held a public hearing as well, hereby exchanges the Dawson Avenue Lot with the Davis Avenue Parcel. Section 4. In furtherance of this exchange agreement, and pursuant to Idaho Code §§ 50-1403 &1405 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 the Dawson Avenue Lot of $2.08 per square foot, or $3,370. Further, to Tom Schoonover, who is the owner of the adjacent real property has agreed with the City of McCall to acquire the Dawson Avenue Lot through an exchange and payment for additional value by exchange or transfer. ORDINANCE NUMBER 781 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 l lth day of September 2003. CITY OF McCALL Valley County, Idaho By f Ralph Colt n, Mayor ATTEST: Barbara Bauer, City Clerk ORDINANCE NUMBER 781 page 2 of 2 Oycto aii,c i 8'1 �1,1; 2fi- f LEGAL DESCRIPTION PARCEL A A parcel of land proposed as part of an agreement for vacation of a portion of Dawson Avenue, being a part of Tax #24, Block 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'S7"W., 10.60 feet to the northeast corner of said Block 26, which is also the northeast corner of said Tax #24, falling on the west Right of Way of Davis Avenue, and the point of beginning; Thence, along said west Right of Way, S.0°11'38"W., 60.00' to the southeast corner of Tax #24; thence, departing said west Right of Way, along the south line of Tax #24, S.89°55'35"W., 14.48 feet to a point; thence, departing said south line, N.0°11131"E., 60.00 feet to a point on the north line of Tax #24, also the north line of Block 26; thence along said north line, N.89°55135"E., 14.48 feet to the point of beginning. Containing 0.0199 acres. Subject to all easements of record. prepared by John Russell, Idaho PLS #6021, May 5, 2003 LEGAL DESCRIPTION PARCEL B 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'S7"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°55135"W., 57.13 feet to the northwest corner of Block 26, also the northwest corner of said Tax #24, falling on 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°55135"W., 14.44 feet to an angle point in said north line; thence, continuing, N.87°53'57"W., 5.75 feet to a point; thence departing said north line S. 8°17'53" W. 60.57 feet to a point; thence N.89°55135"E., 20.21 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 0.0372 acres. Subject to all easements of record. prepared by John Russell, Idaho PLS #6021, August 5, 2003 See Record of Survey 4/213 _ Go vt. Lot Line N. 8 7 °43'21 "W. N.87°53'57"W ©_ co co 14.44"■ in 5.75'acil 12. o 31 42.65' N. 89 55'35 "E. CO 0 1 oa\i�s -6 )) o�5° 0 o in Q 7'0 � 1.0 i [-I�Q�� 60 ,Q i � CO: `�' '- O� I 20.21' N.89°55'35"E Tax #24 51.20' old fence line S.89°55'35"W. Right of way ..81 °52'57"W. 10.60 U �C), • _ --- 14.48' o o� u) o a) co Q I° v w 0 i— ao ✓ o o ro n O 1 z L.14.4=1_,8'65.68' 10.51 ' U See Records of Survey 7/27 and 6/581 Are U C 4U -- 0 0 i i NE Cor. Go vt. Sec. 9, T.18N Brass cap pa CP&F Inst. #1 T i i 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. 781 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on September 11, 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 11 th day of September, 2003. Barbara Bauer, City Clerk EXCHANGE AGREEMENT This EXCHANGE AGREEMENT, hereinafter called Agreement is made and entered into as of the l lth day of September, 2003, by and between the City of McCall, Idaho, a municipal corporation, hereinafter "City" with an address of 216 East Park, McCall, Idaho 83638 and Tom Schoonover, hereinafter "Schoonover" whose address is 1506 Davis Ave. McCall, Idaho 83638. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties herein contained, the parties agree as follows: CITY OF McCALL'S OBLIGATIONS The City agrees to exchange a portion of the public right-of-way known as Dawson Avenue Lot, of which a legal description is attached hereto as Exhibit "A". The City further agrees to provide Schoonover with a quitclaim deed to the vacated parcel on Dawson Avenue Lot. TOM SCHOONOVER'S OBLIGATIONS Schoonover shall provide City with a warranty deed to the property on Davis Avenue Parcel, of which a legal description is attached hereto as Exhibit `B". Further, Schoonover agrees to remove all debris, refuse, and encroachments including but not limited to fencing, shed and propane tank from the property no later than October 15, 2003. Schoonover agrees not to use Dawson Avenue, particularly the turnaround area, for parking or the storage of any motor vehicles, or other personal property. Schoonover agrees that the house generally depicted on the map, attached hereto as Exhibit "C", is presently a nonconforming use and must conform to the City Code, particularly with Title 3 Chapter 28 of the McCall City Code, as it concerns any future enlargement or alterations to a nonconforming structure. Lastly, Schoonover agrees to pay the City $1,567, as the appraised value of the Dawson Avenue Lot comes to $3,370, and the Davis Avenue Parcel appraised at $1,803, for a difference owed the City of $1,567. Time for Closing Exchange of Titles. The exchange of titles to the Dawson Ave. Property and the Davis Ave. Property shall occur at , simultaneously. } I�G DATED this day of EST: C (ZEi .. Barbara Bauer, City Clerk 003. CITY OF McCALL Valley Coun , Idaho By Ralph Colton, Mayor BY�br� Tom Schoonover See Record of Survey l�4.1-1 -DaV:S 4/213 q �o • _ Govt. Lot Line N.87°43'21 "W. N. 87'53'57"W. — — rc-- � 14.44'/ 7t) 42. 65' 0 5. 75' cc, N. 89'55'35 "E. j L.: O I 20.21 ' N.89'55' 35"E Tax #24 51.20' old fence 1 in e S.89 '55 '35" W. Right of Way 0, su . ..81 °52'57"1W. 0' 6 NE Cor. Go vt. Sec. 9, T.18N i • 65.68' See Records of Survey • 7/27 and 6/581 10.51' U C 4- Brass cap pa CP&F Inst. #1 E Q 0 i rl LJ r--7 L__1 9. Resa or 9evey 4/2r3 r—� Fi t-Nc— • — ,90vail.c. — f t r ear 24147 �a. HEMLOCK STREET _ DRAXTh J.RuaaD DATE 4/1e/03 SNEED 1 of 1 :WADED: JR, 2/4/64, add woatlon potato Rig j 3-te 0-06, se -no, 114-4 a2-033, 420. 440 (0) Sod= MAP. Jon Rueere 2004 AA Rights Reeervsd 'tea Tax #28 1 L I J LJ !. �r army aan,b7$ 701.7r Mr aAneeat . ,Rtpr of le, wi I$ urea I e\i.� !o Book, Page 01 Record, of .+*++en Tie+ent No. I REEDY LANE SCALE 1' 30' Bearings baaed an Solar CbaswtIona • Found fifir mbar, marked 1S 6021 O Found 1/2' robs marked LS 6021 as Farad 1/2' rebrr, malud LS 6677 a Found 1/2' mbar. marked LS age • ^ Sooaaal Corn Fame Dna �o Salty Pate Mahn to Tax #26 _J Vacation or addition parcel z/�� RECORDERS STAMP RECORD OF SURVEY of partial vacations of Dawson Street, and an addition to Davis Street situate in Govt. Lot 2, Section 9, T.18N., R.3E., H.M., adjoining Block 26, McCall First Addition, Bk.l, Pg. 58 of Plats City of McCall, Valley County, Idaho for Tom Schoonover & the City of McCall. by Russell Surveying & GIS, Inc. McCall N Idaho February 2004. L Jahn Basset Idaho Rofno bnal Land Samoa �� pan do herby certify that tide plat war notes taken dents an actual awybinrry made M aver Apff, Jix and No+rnber 2003 old that N correctly repaints the pel tq cmome % and o4stvrese ay neared M sold Real note. N In&trument # 288487 VALLEY COUNTY, CASCADE, IDAHO 2004-10-15 02:14:17 No. of Pages: 3 Recorded for : CITY OF MCCALL LELAND G. HEINRICH ee: 0.00, Ex-Officio Recorder Deputy Index to: QUITCLAIM DEED 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 H. SCHOONOVER, whose current address is 1504 Davis, PO Box 2513, 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. 781, recorded as Instrument No. egg q`b a , with the Valley County Recorder on OA 15 111°, 2004. DATED this 1,54 ' day of al o b� ATTEST: Dan Irwin, City Clerk , 2004. CITY OF McCALL . eit Kirk L. Eimers, Mayor QUITCLAIM DEED - 1 STATE OF IDAHO, ) ) ss. County of Valley. ) On this the 1,5' day of f%ko b�. r , 2004, before me, S),(14, a Notary Public in and for said 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 certificate first above written. '•11111111111.1••• t. NOTARY PUBLIC FOR IDAHO •k'i �•F * CRY i` ET x 0 • = Residing at: Can, N : �• ti`V : My Commission Expires: Il -zf — © g .� r : q �. STATE OF ID ,•T ~•~gsg111///0 A0.•' ' o4) A TB �•6 County of Valley. ) On this the I S�kday of da-to r , 2004, before me, AYK- a Notary Public in and for said State, personally appeared DAN IRWIN, known or identified to me to be the 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. 1-&. K1A� '''•1.11.1.11•,•,••• NOTARY PUBLIC FOR IDAHO ,40 pV ER TD ••.•. ��• ,'�.�• �, Residing at: �(4'1 J71) N� Y 1 My Commission Expires: /) 0 �--0Av :c o v' •p���' .$ 4 4'SS ••••i•�Sr'ATS �'S 1•••••••0 QUITCLAIM DEED - 2 LEGAL DESCRIPTION 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, 5.89°55'35"W., 57.13 feet to the northwest corner of Block 26, also the northwest corner of said Tax #24, falling on the east Right of Way of Dawson Avenue, the point of beginning; Thence, continuing along the north line of the McCall First Addition, 5.89°55'35"W., 14.44 feet to an angle point in said north line; thence, continuing, N.87°53'54"W., 5.75 feet to a point; thence departing said north line S.8°17'53"W. 60.57 feet to a point; thence N.89°55'35"E., 20.21 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 0.0372 acres. Subject to all easements of record. QUITCLAIM DEED - 3 i In���4ATi�ment # 288486 ALLEY COUNTY, CASCADE, IDAHO 00440-15 02:12:05 No. of Pages: 2 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee: 0.00c.---- Ex-Offlclo Recorder Deputy O Y Index to':QUITCLAIM DEED (f _QUITCLAIM DEED FOR VALUE RECEIVED, THOMAS H. SCHOONOVER, an unmarried man, Grantor, does hereby convey,. release and forever quitclaim unto THE CITY OF McCALL, a municipal corporation in the State of Idaho, whose current address is 216 East Park Street, 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. DATED this f day of 0 C.,$) be4 , 2004. THOMAS H. SCHOONOVER STATE OF IDAHO, ) ) ss. County of Valley. ) On this the if day of OC 1).e/ , 2004, before me, aytati 00Willi , a Notary Public in and for said State, personally appeared THOMAS H. SCHOONOVER, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year � she a first above written. a A . Si, y % (6(0-&/161•1 NOTARY PUBL7C FOR IDAHO # � E Residing at: Mc 00,tl I. g5 E38.. w • -A • My Commission Expires: 1 I - Z I - p8' • 1 ��v'•• OF ID QUITCLAIM DEED - 1 LEGAL DESCRIPTION A parcel of land proposed as part of an agreement for vacation of a portion of Dawson Avenue, being a part of Tax #24, Block 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 which is also the northeast corner of said Tax #24, falling on the west Right of Way of Davis Avenue, and the point of beginning; Thence, along said west Right of Way, S.0°11'38"W., 60.00' to the southeast corner of Tax #24; thence departing said west Right of Way, along the south line of Tax #24, S.89°55'35"W., 14.48 feet to a point; thence, departing said south line, N.0° 11'31 "E., 60.00 feet to a point on the north line of Tax #24, also the north line of Block 26, thence along said north line, N.89°55'35"E., 14.48 feet to the point of beginning. Containing 0.0199 acres. Subject to all easements of record. QUITCLAIM DEED - 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 beganfSeptembe`r 18,:200-Sand ended September 18, 2003 CONIC �•� Subscribed and srn beforeG+he this the 19th day of September, 2003. STATE OF IDAHO COUNTY OF VALLEY On this 19th day of September, 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 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 two weeks 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 begansAugust-2172003 and ended August"28203. Subscribed and s(au3rn befordahe this the 29th day of August, 2003. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of August, 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