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HomeMy Public PortalAboutAB 03-95 Attachment A Org Ord 780 Dawson Vac.ORDINANCE NO. 780 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS DAWSON AVENUE AND 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 has been submitted for vacation of a portion of a public right-of-way commonly known as Dawson Avenue which is described in Exhibit A (hereafter “Dawson Avenue Vacation Lot”) of this Ordinance; that Tom Schoonover is the owner of the property adjoining the Dawson Avenue Vacation Lot; and, that the Dawson Avenue Vacation Lot may be vacated pursuant to McCall City Code § 3-21-310 and Idaho Code 50-1317 et. seq. Section 2. The Mayor and Council hereby find and declare that the vacation of the Dawson Avenue Vacation Lot is consistent with the present and future development of the neighborhood; and is consistent with the interests of the adjacent property owners. 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 MCC 3-21-310 and IC 50-1317 et. seq., and the Council, having held a public hearing as well, hereby vacates the Dawson Avenue Vacation Lot. From and after the effective date of this Ordinance, the Dawson Avenue Vacation Lot shall be removed as a street 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 4. In furtherance of this vacation, and pursuant to McCall City Code § 3-21-310(E) and Idaho Code § 50-311, the City of McCall shall quitclaim the Dawson Avenue Vacation Lot to Tom Schoonover, who is the owner of the adjacent real property. 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 10th day of July 2003. CITY OF McCALL Valley County, Idaho By_______________________________ Ralph Colton, Mayor ATTEST: ______________________________ Barbara Bauer, City Clerk ORDINANCE NO. 780 EXHIBIT A Dawson Avenue Vacation 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. 780 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