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Home My Public Portal AboutOrd. 806 - Payette View Vacation Request – Vacation of an AlleyORDINANCE NO. 806 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY CONSISTING OF AN ALLEY LOCATED BETWEEN LOTS 13-24 AND LOTS 1-12 OF BLOCK 12, WITHIN THE TOWNSITE OF LARDO, 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 was for vacation of a portion of a public right-of-way consisting of an alley located between lots 13-24 and lots 1-12 of Block 12 within the Townsite of Lardo (hereafter "Alley"), and, that the alley 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 February 22, 2005. The McCall City Council conducted a public hearing pursuant to MCC 3-21-310 and IC 50-1317 et. seq., on March 24, 2005. Section 3. The McCall City Council hereby vacates the public right-of-way located within the Lardo Townsite, consisting of an alley located east of Rowland Street, more particularly described as: The alley located between Lots 13-24 and Lots 1-12 of Block 12, Townsite of Lardo Section 4. From and after the effective date, of this Ordinance, the alley shall be removed as a public right-of-way 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 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 24th day of March 2005. CITY OF McCALL Valley County, Idaho Kirk L. Eimers, Mayor Dan Irwin, City Clerk MCCALL CITY COUNCIL FINDINGS AND CONCLUSIONS REGARDING VACATION OF A PUBLIC RIGHT-OF-WAY VAC-05-1 A Portion of Pinedale Street and an Alley Within Block 12 of the Townsite of Lardo The Council finds that: 1. An application to vacate a public right-of-way pursuant to McCall City Code Title 3 Chapter 21, was submitted by Steve Arnold, Stanley Consultants, representing Marty Pieroni. The application requested vacation of a portion of Pinedale Street adjacent to Block 12 of the Townsite of Lardo, and an alley within Block 12 of the Townsite of Lardo, more particularly described as: The alley located between Lots 13-24 and Lots 1-12 of Block 12, Townsite of Lardo and That portion of Pinedale Street located adjacent to Block 12, Townsite of Lardo 2. The property in question is located in the B Residential zoning district. 3. The McCall Planning & Zoning Commission held a properly posted and noticed public hearing on January 11, 2005. The public hearing was continued to February 1 and February 22. A site visit was conducted on January 27. A transcribable record was made of each public hearing. 4. The Commission received substantial public testimony, reviewed correspondence received from the public, and reviewed a recommendation from the McCall Parks & Recreation Committee. 5. These public rights -of -way were originally platted as part of the Lardo Townsite. Neither right-of-way has been improved for public use. 6. A companion application for a residential condominium project (SUB-04-17) containing 18 condominium units and associated improvements was also submitted by the applicant. The Commission considered SUB-04-17 on December 7, 2004, January 11, 2005, January 27, February 1 and February 22. On February 22, the Commission granted preliminary plat approval, subject to certain conditions. a 7. The applicant proposes to construct a six space parking area and walking path to the river within the right-of-way for Parkdale Street (immediately north of the proposed vacation), and dedicate and construct a path along the top of the river bank from Parkdale Street to the southern edge of the requested vacation of Pinedale, and within the vacated Pinedale right-of-way to Rowland Street. The parking and path system would be dedicated to the public. 8. In 1995, a request to vacate the alley within Block 12 of the Lardo Townsite was approved by the City Council, but an ordinance was never adopted and no deeds were ever recorded. 9. The Commission recommended that the vacation be approved, subject to certain conditions. 10. No appeal of the Commission's recommendation was filed. 11.The Council held a properly posted and noticed public hearing on March 24. A transcribable record was made of the public hearing. The Council concludes that: 1. The vacation of the Pinedale right-of-way is not compatible with the present and future development of the neighborhood and the interests of the City. 2. The vacation of only the alley is compatible with the present and future development of the neighborhood and the interests of the City, subject to certain conditions. 3. The vacation of the alley within Block 12 of the Lardo Townsite is hereby approved, subject to the following conditions: a. A easement for public use, from the high water mark of the North Fork Payette River west to 10 feet west of the top of the bank of the North Fork Payette River, connecting the Parkdale right-of-way with the Pinedale right-of-way must be granted to the City. b. The developer must participate in the design and construction of a driveway and parking area within the Parkdale right-of-way, as originally proposed, and the path system to the river and connecting the Parkdale right-of-way with the Pinedale right-of-way. Dated: March 24, 2005 Attest: Kirk L. Eimers Dan Irwin Mayor City Clerk McCall City Council Findings and Conclusions Regarding Vacation of a Public Right -of -Way VAC-05-1 page 2 the City of McCall, Idaho this 24th day of March 2005. 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. 806 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on March 24, 2005 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 ,,,,,,s ..040CALL ,,, ®• 7 T. ° F" = SEAL to Dan Irwin, 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 Val- ley, 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 publication of such notice began March 31, 2005 and ended March 31, 2005. Subscribed aworn be me this the 31st day of March, 2005. STATE OF IDAHO COUNTY OF VALLEY On this 31 st day of March, in the year of 2005, 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. o * Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 tween lots" 13 24� agdblots 1-:7�2�of Block 12 within the Tawnstte�of La"►do-(here t ter (Alley) and f—at theialtey xiay lie vacated 'p."ursuant te- McCall', City Code § 3:.4)/41friaridgdaho Code SQ 1317 gt.` _ Seaton 2 The City ofMcCall Plantling &�on .•` `ipg Commrssionjsubimttecl�a+JfavoiaUle �:recomr�netidation rafter pulilic�heanngs:% pursuari to MCC 3 2u1 Q a4id IC 50�Vie �,i�317 et"�seq on Febrary3122�r2005 :' 14IcCali City Council�conduot d a ub1iC bearing pu�rrsuant, is MCC9 31 aud' TC SO d317ret seq+;on+lyIarcl 2a 2005 06'44 :'^ �TISe,�iVIi `'.vaeatesi��i: