HomeMy Public PortalAboutAB 03-116 Attachment Ord 781 Dawson ExchangeORDINANCE 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 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.
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 NO. 781
EXHIBIT A
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 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.
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho,
do hereby certify the following:
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.
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
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 11th day of September,
2003.
Barbara Bauer, City Clerk