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HomeMy Public PortalAboutOrd. 807 - Correction to Dawson Davis Property ExchangeORDINANCE NO. 807 AN ORDINANCE AMENDING McCALL CITY ORDINANCE NO. 781 RELATING TO THE TRANSFER OF A PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON AVENUE LOCATED IN McCALL, IDAHO IN EXCHANGE FOR A PORTION OF DAVIS AVENUE LOCATED IN McCALL, IDAHO; CORRECTING CLERICAL ERRORS IN THE LEGAL DESCRIPTION OF PROPERTIES DESCRIBED IN EXHIBIT A AND EXHIBIT B OF SAID ORDINANCE, PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 11, 2003 the Mayor and Council of the City of McCall adopted Ordinance No. 781 approving an agreement to exchange a portion of a public right-of-way commonly known as Dawson Avenue Lot (hereafter "Dawson Avenue Lot"), with a portion of Davis Avenue (hereafter "Davis Avenue Parcel); where Tom Schoonover was the owner of the Davis Avenue Parcel as well as property adjoining the Dawson Avenue Lot; and, that the Dawson Avenue Lot was owned by the City of McCall; and WHEREAS, such Ordinance was recorded by the Valley County Recorder as Instrument # 288485 on October 14, 2004; and WHEREAS, clerical errors were identified in the legal description of the Dawson Avenue Lot resulting in the failure of the property to be platted by the Valley County Assessor; and WHEREAS, the Mayor and Council of the City of McCall now desire to correct the clerical errors in Ordinance No. 781 in order to provide for an amended and corrected legal description. NOW THEREFORE, 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 Exhibit A of Ordinance No. 781 contained clerical errors and said Exhibit A shall be corrected and amended as shown in the attached legal description labeled Exhibit "A" of this Ordinance, which is incorporated herein by this reference. Section 2: The Mayor and Council hereby find and declare that Exhibit B of Ordinance No. 781 be amended as shown in the attached legal description labeled Exhibit `B" of this Ordinance, which is incorporated herein by this reference. Section 3. Repealing Clause: Instrument # 295549 VALLEY COUNTY, CASCADE, IDAHO 2005-05-16 04:23:10 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee:42.00 Edexto:CIRecorder Deputy Index to: MISCELLANEOUS RECORD /f j All Ordinances or parts thereof in conflict herewith are hereby repealed. 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 11-11-k day of April 2005. CITY OF McCALL Valley County, Idaho °• ACCALL 4 Q MiwDe•I jd 'o 64 SEAL ®o By S * '"! S * ; William A. Robertson, Council President .$ r• o � ATTEST: Dan Irwin, City Clerk EXHIBIT A ORDINANCE NO. 807 LEGAL DESCRIPTION DAWSON AVENUE 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 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°53'57"W., 5.75 feet to a point, thence departing said north line S.8°17'53"W., 60.87 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 0.02785 acres. Subject to all easements of record. prepared by John Russell, Idaho PLS #6021, March 21, 2005 EXHIBIT B ORDINANCE NO. 807 LEGAL DESCRIPTION DAVIS AVENUE PARCEL 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. EXHIBIT A 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 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°53'57"W., 5.75 feet to a point, thence departing said north line S.8°17'53"W., 60.87 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 0.02785 acres. Subject to all easements of record. prepared by John Russell, Idaho PLS #6021, March 21, 2005 QUITCLAIM DEED CORRECTION Previously Recorded as Instrument #288487 on October 15, 2004 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, P.O. 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.807, recorded as Instrument No. Acts , with the Valley County Recorder on _ M �.� i b , 2005. Dated this ( W.' day of Art , 2005. ATTEST: F Dan Irwin, City Clerk CITY OF McCALL William A. Robertson, Council President Instrument # 295560 VALLEY COUNTY, CASCADE, IDAHO 2005-05-16 04:25:41 No. of Pages: 3 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee: Ex-Officio Recorder Deputy Y Index to: QUITCLAIM DEED STATE OF IDAHO } } ss. County of Valley } On this the / day of file , 2005, before me, ,S1,11 e L"%J1°r1�Uv► a Notary Public in and for said State, personally appeared WILLIAM A.� ROBERTSON, known or identified to me to be the City Council President of the City of McCall that executed the said instrument, and acknowledged to me that said municipality executed the same. IN WITNESSi104ktREOF, I have hereunto set my hand and affixed my official seal, ths,9 a vnity'rnif jn this certificate first above written. c" r1 O Tq % �' o • •4, , % a * I Z n • pU (P ;•• 8 L I C ••: � 0 4dsa�' OF ID p'� g`.4 STATE OF IDAHb}sestam�v�° } ss. County of Valley } �Ll (01i� NOTARY PUBLIC FOR IDAHO Residing at: Call 1, , My Commission Expires: 1 1- Z 1- Of On this the l.1/4; day of /9-12 , 2005, before me, calr- ��. ��u�� � a NotaryPublic in and for said State, personally appeared DAN IRWIN, sown or P Y 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. qi,7647 fil)(01P1 NOTARY PUBLIC FOR IDAHO Residing at: VY1c: Coal, b My Commission Expires: 11-71- 01{ 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 April 21, 2006-and ended April 21, 2005. Subscribed aworn be me this the 21 st day of April, 2005. STATE OF IDAHO COUNTY OF VALLEY On this 21 st day of April, 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. 9 ,mate0e®tip,7®pe.? ats' ® GP 0Z, ¢Qo m�a® �• o®soo.oec,_ � ��o v. a as ( ©so 6 iir © �O r A. � Ca P o e o w o " O �6 �s ® * o m e e o • d• 'JBI.� e 0 • rn� AB,��e9 �0 Bis®b �.t, Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 ORDINANCg'IftO—S0I )1N .IORDINiNiCE 'AMENDING• McCALL CITY OR'L')I00M, NO R781 RELATING TO.fiE"biSFEOF A, �Ql�TION, QF A,PLJ�lIC, RIGHT`, oz A'ie `C,poodOlgt 0:OWN' AS DAWSON AVENCJE ..hUCATED`.:IN• _ McCALL L�DAHO IN,-:E�CIIANGE FOR A POR.tic. C;F DAVIS,.AYENUE LOCATED IN ,: McC[�.I,L IDAiO CO�iRECIG :CT Ef2ICAY ERRORS lklls LEGAL DESCRfPTIdN .:OF PROPERTIESs DESCRIBEIS ,IN EX' _. •.. H1/31 ;A AND kaiSi T<','B Ol SAID ORDINANCE .PROUIDINpCjf0g.kE; LATER MATTERS AN,D ROVIDIIVG . AN,Ehhh;CTIV: DATE•? WHEREAS on September- 1 2003 "the, Mayo;t and Couticil of the City of McCap, adopted,OidinaneeNo 7gi ap . proving.an agreement to exchange a-por ; tion of'a public right o#' way commonly., known as Dawson Avenue;L•ot•(heieafter: 'Daw.sonAvennetl),iWitk apoition;of • Davho is.Avenue(here t..4 4Vislhit,enue: ` Parcel,pWhere Tom Schoonover wi. the,. • • owner oidhe Davis Avenn04i.cel as well'.. • as,ptgperty "aiI)oimng .the:+Dawaou Av :. enne hot, and, .thatithe Dawson .Q f enue Lot was owned. W the .city of McCall, and : i:, a .:J7: • WHEREAS 'such Ocdmanc :was recorded°tiy thiAralleyaC ,i nty0e Order • •,; as Instruinerxt # ti884$5 6nrOeto,er 14„. 2004, and j WHEREAS "ciencal :errors,- were:: • identified i the'iegal descnpgiii14 the Daw§on^Avenue L of resulgiig"in fhe'fail , ure of the prnpert P, fie aattedlby the Valley C`ountyA§sessor, ands 5 WIfEREA • the R4rej r•�aita Council, of the;.City of McCalI'rioiv,desire to cor-: ` ., rect the clecal5eir?is mkOtdinaiice`No, • :n . 13 m order to pig.00 1RT41:*iended and corrected legal'descnpti'dr • NbvS THEREFORE rBE *IT OR- RAINED B1� �;TI#E� NI.A'1'`OR AND covrYcfl: o��fE CITY olTfvr�cAhi,. IDAHO, AS FOLLOWS •� r Section l The`1�Ta Sr'arid Co1}r�cll hereby;find . Y and dgclaze thats,Sxfubit�A gf�Qtdinartce . No 7�� contajned,�clen�al4.��ei�ots 'and. said 'Exhibit A ys�i l` b e_corrected 414. • amended,as slio�wniin,fhe`attached 1'egal . 8escnption3 labGle�d�,BWAI Ap;•of-Al is Oid'tnaube atiich is mcorporatea herein: by this refe�enc�e tFs? SeFticlti� r,�n � �; k txa• `Time MayoF an Gouncl hereby find and declaresthat�;xtubit= 01 Ordinance No. 78I be atnended aststiown;in;the at=: torched.legal descnphon la�teled Exlubir. • Biuof tlussQccLnance whicf�, is inc4rpo-. r4te.11*.tein by flits tefbrencet,, 4 $edtiO0, )repealingClauao j . .. All prdinances� ti parts, ztfiereof confhet he#ew�thcare hereby�rep�aled Section•t c+ This{Otxtnance oraFsummary there- of shall be Aihi shed onceanzthe official newspaper of the,City, and shah Bake ef- fect:upon its. passage approval and DATED thivIs.14th April 2005i; C1TY OF:1cCALL:: •cl. valley 4ountv Idat}o; '• I3al William: -A 'Robeits'"bn .Council.•• Piesiilent ATTEST Dan Invin `City Clerk • 1