HomeMy Public PortalAboutMcCall Gas StationMILLEMANN, PITTENGER & McMAHAN
ATTORNEYS AT LAW
706 NORTH FIRST
POST OFFICE BOX 1066
McCALL, IDAHO 83638
STEVEN J. MILLEMANN
GREGORY C. PITTENGER
BRIAN L. McMAHAN
AMY N. PEM.BERTON
December 4, 1996
Ted Burton
McCall City Attorney
P.O. Box 1965
McCall, ID 83638
RE: McCall Gas Station, Inc./City of McCall
Dear Ted:
TELEPHONE (208) 634-7641
FACSIMILE (208) 634-4516
E-MAIL mpm@cyberhighway.net
I have checked with the Valley County Assessor's Office and I am advised that the record
owner, for tax assessment purposes, of that portion of the former Union Pacific Right -Of -Way
which is behind City Hall is presently McCall Gas Station, Inc. As you will recall, the Assessor
and the State Tax Commission objected to the legal description which we used in this transaction
for purposes of transferring record ownership of this parcel from McCall Gas Station, Inc. to the
City. The City was going to have the property in question surveyed so that a corrected deed
could be prepared and filed. In your letter to me of May 31, 1996 (copy enclosed) you indicated
that Joel Droulard had be requested to prepare a survey of the two parcels in question. Please
contact me upon receipt of this letter and let me know the status of the legal description. McCall
Gas Station, Inc. should not be paying real property taxes on the parcels in question and in no
event should title remain in McCall Gas Station, Inc. by at the end of the year.
Your prompt response is appreciated.
GCP/ag
Enclosure
cc: Client
brton
Very truly yours,
C%�
GREGORY C. PITTENGER
McCALL
Edward G. Burton, Esq. Internet: ciattyacyberhighway.net
CITY ATTORNEY
May 31, 1996
JUN - 3199
MILL'=MAN i. PiTTENG =R & McMAHK,
Gregory C. Pittenger, Esq.
Millemann, Pittenger & McMahon
P. O. Box 1066
McCall, ID 83638
Re: Public uses of certain McCall Gas Station, Inc. property
Closing of transaction respecting property behind City Hall
Survey
Advance of funding to City
Dear Greg:
This letter will evidence the intent of the City that public use of the de facto roads in and
around the boat storage area is not intended by the City to originate any new claims of
rights -of -way in lands previously quitclaimed by the City to your client. We request
permission to let the public use Railroad Avenue/McCall Avenue across the 80' foot deep
parcel north of Pine Street, and Railroad Avenue across the lands north of Fir Street, unless
and until one or the other of us undertakes construction inconsistent with that use.
We propose to exchange the State Bike Trail grant for right-of-way acquisition behind City
Hall for a warranty deed to that property (Bike Trail Parcel, Railroad Avenue Parcel). We
understand Mr. Carey will return that money to the City or the Urban Renewal Agency as a
grant toward the construction of the `Railroad Avenue Boulevard.'
We need to have a solid legal description to the property behind City Hall soon, that no one
can question. Earlier, we requested that Joel Droulard prepare a survey of the two Parcels
there, and we will be `bugging' him about that.
Very truly yours,
CITY OF McCALL
Edward G. Burton
City Attorney and Prosecutor
cc: Urban Renewal Agency
Council
216 East Park Street • P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038