Loading...
HomeMy Public PortalAboutOrd. 781 - Supporting DocsValley County Assessor's Office P.O. Box 1350 • 219 N. Main Street n . Cascade, Idaho 83611-1350 Phone (208) 382-7126 • Fax (208) 382-7107 KAREN CAMPBELL Assessor kcampbell@co.valley.id.us December 15, 2004 Dan 'Irwin McCall City Clerk 216 E. Park Street McCall, Idaho 83638 Department of Motor Vehicles Phone (208) 382-7141 • Fax (208) 382-7107 DEEDEE GOSSI Chief Deputy Assessor kgossi@co.valley.id.us RE: Dawson Avenue vacation Dear Dan: This letter is a follow-up to our telephone conversation yesterday regarding Ordinance No. 778 and Ordinance No. 781 which vacates a portion of Dawson Avenue. This=office_ reviewed Ordinance. No. 781 which is, an agreement-for=anexchange of public. right_ ,:of_way (Dawson:Ave.) between the City of McCall sand Thomas; H. Schoonover -for a .parcel of kland whichvilll e;a perti_on:of Davis Avenue. This°Ordinance was followed.up-by-Quitclaim: Deeds. Instrument No.'s 288486 and 2988487 from the City of McCall to Thomas H. Schoonover and Thomas H. Schoonover to the City of McCall. I have enclosed copies of these documents for you. When I ran a traverse of the Dawson Avenue parcel (to Thomas H. Schoonover) from the written legal description provided on the Ordinance and on the Quitclaim Deed, I encountered a closure error. Also enclosed are copies my traverses which shows that the closure was not within the limits allowed for this office to transfer the parcel to Mr. Schoonover at this time. In checking over the written legal description and the Survey (8-24) done by John Russell for this parcel, we found a possible typographical error in one of the footages. Also enclosed is a partial copy of this survey and I have highlighted the footage in question both on the survey and the recorded documents. You can see the difference, which we believe caused the closure error. We have also enclosed a copy of a Warranty Deed (Instrument No. 288720) whereby Thomas H. Schoonover is transferring his interest to Bruce W. and Andrea C. Anderson in a parcel of land located in McCall's First Addition, Block 26. This proposed vacated portion of Dawson Avenue is included in this transfer to the Anderson's. Subsequently, this possible error was carried over onto this document. At this time, we are unable to show this partial vacation of Dawson Avenue and transfer of ownership from the City of McCall to Mr. Schoonover, who, in turn, deeds out his interest to the Anderson's. All these documents will need to be corrected and re -recorded in order for our office to show these transfers of ownership. We are running up against a time frame for all 2005 splits which is January 1, 2005. Therefore, we would advise you to expedite the re-recording of the necessary corrected documents as soon as possible. If we can be of any help whatsoever, please don't hesitate to contact our office. Sincerely, Sue Probst Valley County Cartographer enclosure cc: John Russell, Surveyor Thomas H. Schoonover Bruce W. and Andrea C. Anderson Amerititle Instrument # 288486 VALLEY COUNTY, CASCADE, IDAHO 2004.10.15 02:09:11 No. of Pages: 4 Recorded for : CITY • MCCALL� Fe LELAND G. HEINRICHH ' Ex-0Mclo Recorder Deputy. Index to: ORDINANCES 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: 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 r of thein Exhibit B Davis Avenue (hereafter Davis Avenue Parcel); that Tom Schoonover s 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 hearin.g, 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, 50-1403 In furtherance of this exchange agreement, and pursuant to Idaho Code § § &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 Ralph Coltdn, Mayor TTEST: Barr ara Bauer, City Clerk ORDINANCE NUMBER 781 page 2 of 2 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 °52'57"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. prepared by John Russell, Idaho PLS #6021, May 5, 2003 OfottyvuAu_ &co, :i- B LEGAL DESCRIPTION PARCEL 8 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 °52157"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 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 an le point in said north line, thence, continuing t --- N.87°53'57"W., 5.75 feet to a point theme de arti`ng said,n rth Ime`�-e ° f A - i 60 a &po gg hence 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. d-rc�r� Ohlc» 5h� ALS y env o m Containing ,©.0372,acres ac rec< 1-o be_, p •0D-P4 etc -- Subject to all easements of record. Oo • aW1-87 P 5¢ Sam enc,losecA 5txrutil 8-.1+ Liphith 5h1D-D5 i-h'5 eli eta nc_L' 46 " to prepared by John Russell, Idaho PLS #6021, August 5, 2003 H:\TRAVERSE\MCCALL\09DAWSON AVENUE.TRMcCall's First Addition Block 26 and Dawson Ave. McCall's First Addition Block 26 0 D`nwson Avenue vacatian`qurtc-laimrctitoi5c_IaoonoVer per QCDIhs iNN6 288487 and,Ordinance No. 781' Area: 1207.295 SgFt 0.0277 Acres Point Type Bearing Horiz Dist Radius Delta Northing Easting 10 589°55' 35"W 14.44 11 N87°53' 54"W 5.75 12 60.57 13 N89°55' 35"E 20.21 14 0.34 -67.63 0.33 -82.07 0.54 -87.82 - 59.40 -96.56 - 59.37 -76.35 N8°17' 53"E 60.65 10' 0.64 -67.60 _C_losure`View Traverse Summary Closed Loop 6 Points From 10 To 10' Horizontal Distance: 161.62 Feet Slope. Distance: 161.62 Feet Area: 1207.295 SgFt 0.0277 Acres Northing:0.30 Feet Angular: None 12-15-04 sprobst • • inear:0.30 Feet Direction:56°47'20"W Easting:0.04 Feet Elevation:0.00 Feet I OD large Of Q CiaSu..r-e - e fbr- -Pb{ -th l5 trff) c.e `fa TPC Desktop Page 1 12/15/04 08:14AM H:\TRAVER5E\MCCALL\09DAWSON AVENUE.TRMcCall's First Addition Block 26 and Dawson Ave. McCall's First Addition ®awsan'`Avenue vac bon quitclaimed` Area: 1213.294 Sq-=0;027.es Point Type Bearing 10 11 12 15 14' 10.1 12-15-04 sprobst • • 589°55' 35"W 14.44 N87°53154"W 5.75 58°1�53" �W�60 8�7, N89°55' 35"E 20.21 N8°17'53"E 60.65 Horiz Dist Radius Delta Northing Easting 0.34 -67.63 0.33 -82.07 0.54 -87.82 - 59.70 -96.60 - 59.67 -76.39 0.34 -67.64 • a • • TPC Desktop Page 1 12/15/04 08:10AM B.B. McCall's fencelirr 7 north limit mobo Ffrsr Add. Lot 11 BLOCK 26 . Lot .12 See Record of Survey Book 4, Page 76 HE O C q r� L� Thc wriaea Iey3 clewriptian op all `the... ciocumcnl-5 Shm.J-thi5 c4114S''Ic057Af},• . r 1 Which does net rrlq+ch 1hi5 5urVeil . L _ _ J -Too Iaule. of q close -NJ error -for aw• acce + . I— • I I `: I L J See Record of Sury y . 4/213 r—� 5une9 8-a` . ✓ � 't0:60 ' I I � I NE Coc. L _ J Covt :Lot Line E 1 NE or. — _ N,87432f_W. `Brass ,a N.87'53.57 W. I I L driveway: 20.00' -SET ten) �789^55'35'E —` 14 48 o drveway `� ____ O o g o�- sl m' ¢ m 1505 D ) o.l L h Ur • 0 0 j 1 E'1 - Tax #24 F. °' 1' 4 n o� ci (o - 'I. `o `° 51:20' wZ..I o .. I t old fence line ' 14.48' ':- 1 0 5.8955'35-W. 65:68' "� 10.5i' I See.Recorde,of Survey 7/27•and 6/581 • Tax #25 .BLOCK 26 n(20.21. , _ . ': N.8955:75"E 77.08' o0 co W M r 0 z 0 3 0 °a is J Sae Record8/g of.S�rvey o o Tax #26 4o.00, 0 0 LJ N.81'42'07 47.54' driveway Tax #28 0_ 0 See Record of Survey 4/75 40.00' Rion( o of s.67 42'0rE. edge of pavement . r0t 78' o ps 0 Iz IFo' DRAWN: J.Russeli DATE: 4/18/03 SHEET: 1 of 1 REVISED: JR, 2/4/04, odd vocation parcels o RSI # 3-16 (1-05, 98-19, 94-8, 92-83, 49a, 49) �� Righf'of Way Instrument # 288487 VALLEY COUNTY, CASCADE, IDAHO 20044045 02:14:17 No. of Pages: 3 Recorded for : CRY OF MCCALL LELAND G. HEINRICH (1 ee: O. Ex-OMcio Recorder Deputy_ j 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. 'ASS 4S S , with the Valley County Recorder on -3; �r ', _ ' 2004. DATED this 154'' day of a.1,, r , 2004. CITY OF McCALL Kirk L. Eimers, Mayor ATTEST: Dan Irwin, City Clerk QUITCLAIM DEED - 1 " " Qr I V a ����y`V O tU�� e STATE OF IDAHO, ) ) ss. County of Valley. ) On this the 'i day of_a,N,. r , 2004, before me, CS/,(v-77k.�� c11 a Notary Public in and for said State, personally appeared KIRK L. EYMERS, 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.  . " " r}K vL z y ����Ry ,�� t NOTARY PUBLIC FOR IDAHO c4 O s Residing at: i/At-e'rc.il ���� x 0'�� `G O : My Commission Expires: !I --q  0F( ru��y ��,: STATE OF IDAI��4j,�� I.527E 04 " " " " " County of Valley. )/ On this the I ekday of Oc4" 06.r- , 2004, before me, SAY lbi K 01'1'411 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. sow m00% ." " �� 4 ��' ##14 OVER TD ��4% " " " , " " . 4L '" .. s(ATE ". -4846 maw QUITCLAIM DEED - 2 NOTARY PUBLIC FOR IDAHO Residing at: ivc. My Commission Expires: n l.r --6"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 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 comer of said Government Lot 2, thence 5.81°52'57"W., 10.60 feet to the northeast corner of said Block 26, also the northeast comer 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 comer 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°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; �tleneel ep,arfug�auT�north line S 8°17'St3"W 6057 feet apoint; `thence N.89°55'35"E., 20.21 feet to a point on the east Right of Way of Dawson venue, also the southwest comer of said Tax #24; thence, along said east Right of Way, N.8°17'53"E., 60.65 feet to the northwest comer of Tax #24, the point of beginning. ContammglOi 0 372 • Subject to all easements of record. pl4se. see 4 2h 1c.h ,5holos is C1 iS,ECLOCe- +0 he- " 10 D . 8 7 f 4 -1 QUITCLAIM DEED - 3 A Athe'riTitle Part Of The JELD-WEIOFamily ICUo�icP� instrument # �88720 VALLEY COUNTY, CASCADE, IDAHO zooa_, 0_zz 04'12'45 Na. of Pages; 2 Recorded for : AMERI LELAND G. HEINRICH TITLE ITLE Ex-Officio Recorder Deputy Index to: DEEDS WARRANTY DEED Schoonover For Value Received, Thomas H. :an unmarried man, the Grantors, do hereby grant, bargain, sell and convey unto Bruce W. Anderson and Andrea C. Anderson, husband and wife whose address is 1507 Mancha Drive, Boulder City, NV 89005, the Grantee, the following described premises, to -wit: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE TO HAVE AND TO HOLD the premises with their appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees, that they are the owners in fee simple of said premises that said premises are free from all encumbrances except the 2004 taxes and assessments and that they will warrant and defend the same from all lawful claims whatsoever. Dated: State of Idaho ) ss County of VALLEY ) On this /F-C4"day of t!, 2004 before meti`� a notary public in and for said State, personally appeared * 'mown or identified to me to be the persons whose names are subscribed to the within instrument, and aclaiowledged to me that they executed the same. (bi.keet,tc.t.e. Notary Public Residing at: 1e-(A/ (-1) Commission Expires: .2. S , Gg" *Thomas H. Schoonover ucvvi. [ Lvv71i u. ruin zddiev. u o u L7d r. L. d4 • FIMEK 1 1 1 TLE CR5CRDE C:UN1:IN UATIUN EXHIBIT A That part of Block 26, First Addition to the Tonsite of McCall, Idaho described.as ib�llows; w Beginning at the Northeast corner of Block 26; Thence Westerly along the Northerly boundary to the Northwest corner of said Block; T U,y Thence South 60.00 feet; 9 d Thence Easterly direction to the East boundary of said Block; Thence North 60.00 feet along the Easterly boundary to the Place of Beginning. TOGETHER WITH: A parcel of land proposed as part of an agreement for vacation of a portion `ofip r:-lion Avenue, being a pan of Dawson Avenue, falling between Blocks 19 and 26, McCallEirst Addition, Book 1, page 58 of Plats, situated in Government Lot 2, SectionIdaho, and ep,T8 . North, Range 3 East, Boise Meridian, City of McCall, Valley Coty, particularly described as follows: Commencing at the northeast corner of said Government Lot 2 thence S;81°52; d •falling 10.60 feet to the northeast canner of said Block 26, alosnh VinortheastaM McCall Firs ��'�b� on the west Right of Way of Davis Avenue and the n thence continuing along said north line, also the so�thline northwest Horner olock f said Tsax #24�f„a]liug 57.13 feet to the northwest corner of Block 26, 1 on the east Right of Way of Dawson Avenue, the point of beginning; 1.4.44 Thence, continuing along the north line of the McCall First Addi ion, S. 75 feet2a a point; feet to an angle,poin u_satd north line; thence continuing, l no.DCerth line S 8:°f 7r523 °� 6U:57 'i J a ° oiu�t' thence N.89°55'35'1E•, 20.21 eet to a point on the east Right of Way of Dawson i 7�� E �60.65so the feet to the northwest corner Tax #24; thence, along said east Right of Way, N of Tax #24, the point of beginning. ple45e See codasea arvel 8-c/4 Oh►ch .11o1.J5 -1111.5 SAVE AND EXCEPT: A parcel of land proposed as pats of an agreement for vacation of a portion;gf'D'aason Avenue, being a part of Tax #24, Block 26, McCall First Addition, Book 1, Page 58,afPdats, situated in Government Lot 2, Section 9, Township 18 North, Range 3 East, BoiseMiiiidiaa, City of McCall, Valley County, Idaho, and more particularly described as follows: Commencing at the northeast comer of said Government Lot 2, thence S.81°521-577W., 10.60 feet to the northeast corner of said Block 26 which is also the northeast conier•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, coYncr•ofTax #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.89355'35"E., 14.48 feet to the point of beginning, Commitment No: ICO2960 Crhprhilp A DnaP '7 A .0 U �9f. q y v0 0 i o t. ST E W A'R'T •T: I T L E GUARANTY COMPANY• TOTRL P.04