HomeMy Public PortalAboutAB 09-258 Permissive Encroachment Agreement 12.03.09McCALL CITY COUNCIL
AGENDA BILL
Number
Meeting Date
216 East Park Street
McCall, ID 83638
AB 09-258
December 3, 2009
AGENDA ITEM INFORMATION
SUBJECT:
Permissive Encroachment Agreement — Gerry and
Diana Nutt
Approvals: Department/
Committee/Individual
Initials
Remarks
(Originator/
Support)
Mayor /Council
City Manager
Community Development,
Treasurer
Clerk, Deputy City Clerk
Police Department
Public Works
Golf Operations
COST IMPACT:
Parks & Recreation
FUNDING SOURCE:
Airport
Library
TIMELINE:
City Attorney
Grant Coordinator
SUMMARY STATEMENT:
Gerry and Diana Nutt are the owners of property which has a discrepancy in the legal description of the
deed that they received upon purchase of their property. The discrepancy relates to the right of way of
Warren Wagon Road. The City of McCall is the owner of those portions of Warren Wagon Road located
within the City of McCall, Idaho which includes a portion adjacent to the property owned by Gerry and
Diana Nutt. There is a discrepancy of five feet in the width of the right of way of Warren Wagon Road
adjacent to the property owned by Mr. and Mrs. Nutt and has been developed by them and their
predecessors in interest, resulting in certain improvements consisting of a house with attached garage,
which encroach approximately three feet (3'), more or less, into the City Right Of Way.
Attached is an agreement that the City, as owner of a sixty foot (60') right of way for Warren Wagon Road
within the City of McCall, shall give to Mr. and Mrs. Nutt, as owner of the real property, a permissive right
for Mr. and Mrs. Nutt to encroach upon and into the City Right Of Way.
Attachments include the Permissive Encroachment Agreement between the City of McCall and the Gerry
and Diane Nutt. The Exhibits will be distributed to the Council once obtained by the Nutt's representative.
RECOMMENDED ACTION:
Approve the Permissive Encroachment Agreement and authorize the Mayor to sign all necessary
documents.
RECORD OF COUNCIL ACTION
Meeting Date
ACTION