HomeMy Public PortalAbout1995.07.25 Rogers Family Trust Grant Deed & Quit ClaimJULY 25, 1995
MOUNTAIN TITLE & ESCROW
CASCADE, IDAHO
ATTENTION COLLEEN COLE
REGARDING WOOLEY-PINE CONNECTOR AND DEER PARK
ENCLOSED YOU WILL FIND THE FULLY EXECUTED AND NOTARIZED DEED
FROM ROGERS TRUST # 1 FOR THE TRANSFER OF EASEMENTS TO THE CITY
OF MC CALL ON THE PINE WOOLEY-CONNECTOR PROJECT AKA DEER PARK.
PLEASE HOLD UNTIL YOU ARE IN RECEIPT OF THE CITY'S DOCUMENTATIONr
IN COMPLIANCE WITH THE REQUESTS MADE BY THE ROGERS FAMILY
TRUST, AS STIPULATED IN THE CONFIRMATION LETTER COPY
FORWARDED TO YOU, FROM ROGERS TRUST TO THE CITY.
SINCERELY,
t6-4
ELORIS R- SHOLM
`CITTY OF MCCALL
GRANT DEED GRANTING RIGHT-OF-WAY
For and in consideration of ten dollars and other valuable consideration in hand
received, the ROGERS FAMILY TRUST No. 1, Grantor, of McCall, Idaho 83638,
conveys, dedicates, and grants to the CITY OF McCALL, an Idaho municipal corporation,
Grantee, a right-of-way in fee simple determinable in, across and under the following
described property, for a public road, underground utilities, and other common road right-
of-way uses (referred to below as "Right -of -Way"):
See legal descriptions, Exhibits A; and B.
and Grantor covenants that Grantor is possessed of a fee simple estate in the land and has
all authority necessary to grant this Right -of -Way.
Dated: June 20, 1995
the ROGERS FAMILY TRUST No. 1
by:
by:
State of Idaho )
) ss.
County of Valley )
Joe D. Roge
Trustee
Gertrude K. Rogers
Trustee
On this 4 54 day of , in the year 1995, before me, 6-es-thviAe k , Voc.ec-,
L�Af/v R. me. DoNrt c.h , notary pu lic, personally appeared Joe D. Rogers known
.to me to be the Trustee of the ROGERS FAMILY TRUST No. 1 that
aid instrument, and acknowledged to me that such Trust executed the same.
01.1
P
g �Qotary Public for Idaho
* ; My commission expires: 00778--
ACCEPTANCE OF DEDICATIONS
. is
This is to certify that on , 1995 , the City of McCall by action of
its Mayor and Council accepted the foregoing dedications.
Dated:
Dean A. Martens,
Mayor
Attest:
' James H. Henderson,
City Clerk
THOMAS W. KERR
PLS 998
KERR SURVEYING
P.O. 80X 853
McCALL, IDAHO 83638
(208) 634-2686
June 4, 1995
PINE-WOOLEY CONNECTOR
ROGER'S FAMILY TRUST TO McCALL
JOEL W. DROULARD
PLS 5357
A parcel of land situate in Government Lot 2, Section 9, T. 18 N., R.
3 E., B.M., City of McCall, Valley County, Idaho, and being a portion
of Block 23, McCa.l_l's 1st Addition to the McCall Townsite, as shown on
the Official Plat, thereof, on file in Book 1, Page 28 of Plats in the
Office of the Recorder of Valley County, Idaho, more particularly
described as follows:
Commencing at the CE 1/16 Corner of Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho, being also the southeasterly
corner of Block 23, McCall's 1st Addition to the McCall. Townsite as
shown on the Official Plat, thereof, on file in Book 1, Page 28 of Plats
in the Office of the Recorder of Valley County, Idaho; thence, N. 89°
54' 10" W., 120.00 feet along the southerly boundary of Government Lot
2 of said Section 9, being the same as the southerly boundary of said
Block 23, to the REAL POINT OF BEGINNING:
Thence, continuing N. 89° 54' 10" W., 389.49 feet along said
southerly boundary of Government Lot 2 to the southeasterly
right-of-way of Lenora Avenue,
thence, N. 61° 43' 30" E., 185.35 feet along said right-of-way,
thence, 86.81 feet along a non -tangent curve to the right whose
long chord bears S. 78° 28' 48" E., 86.66 feet, whose radius
is 435.00 feet and delta angle is 11° 26' 01",
thence, S. 72° 45' 47" E., 66.86 feet,
thence, 79.21 feet along a curve to the left whose radius is
365.00 feet and delta angle is 12° 26' 00",
thence, S. 0° 10' 151 W., 36.23 feet to the Point of Beginning,
containing 0.488 acres, more or less.
Bearings based on State Plane Grid Azimuth.
THOMAS W. KERR
PLS 998
KERR SURVEYING
P.O. BOX 853
McCALL, IDAHO 83638
(208) 634-2686
June 4, 1995
PINE-WOOLEY CONNECTOR
ROGER'S FAMILY TRUST TO McCALL
JOEL W. DROULARD
PLS 5357
A parcel of land situate in Government Lot 2, Section 9, T. 18 N., R.
3 E., B.M., City of McCall, Valley County, Idaho, and being a portion
of Block 23, McCa,ll's 1st Addition to the McCall Townsite, as shown on
the Official Plat, thereof, on file in Book 1, Page 28 of Plats in the
Office of the Recorder of Valley County, Idaho, more particularly
described as follows:
Commencing at the CE 1/16 Corner of Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho, being also the southeasterly
corner of Block 23, McCall's 1st Addition to the McCall Townsite as
shown on the Official Plat, thereof, on file in Book 1, Page 28 of Plats
in the Office of the Recorder of Valley County, Idaho; thence, N. 89°
54' 10" W., 607.49 feet along the southerly boundary of Government Lot
2 of said Section 9; thence, N. 8° 35' 00" E., 16.79 feet to the
southwest corner of Block 22 of said Subdivision, the REAL POINT OF
BEGINNING:
Thence, continuing N. 8° 35' 00" E., 25.91 feet along the westerly
boundary of said Block 22, being the easterly right-of-way of
way of Louisa Street,
thence, N. 70° 55' 51" E., 72.75 feet,
thence, 43.51 feet along a curve to the right whose radius is
435.00 feet and delta angle is 5° 43' 52" to the
northwesterly right-of-way of Lenora Avenue,
thence, S. 61° 43' 30" W., 129.89 feet to the Point of Beginning,
containing 0.033 acres, more or less.
Bearings based on State Plane Grid Azimuth.
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OUTTCLAIM DEED
For value received and pursuant to Ordinance 684 of the City of McCall, the City of
McCall, an Idaho municipal corporation, Grantor, conveys and quitclaims to the Trustees of the
Rogers Family Trust No. 1, of McCall, Idaho, Grantee, the real property: described on Exhibit A,
located in Valley County, Idaho, being vacated street rights -of -way for a portion of Fir Street, a
portion of Lenora Street, a portion of Dawson Street, and the alley in Block 22, McCall's First
Addition, reserving to Grantor a twenty -foot wide easement centered on the centerline thereof, for
a sewer pipe buried within such property generally in the alignment of Fir Street and Fir Street
extended easterly. \
DATED: July 31,1995
Attest:
James H. Henderson,
Clerk
City of McCall
by: ''
y
A. .L,4
Dean A. Martens,
Mayor
State of Idaho )
) ss.
County of Valley )
st
On this 31— day of T..g.) , in the year 1995, before me,
Si,.rtt , notary public, personally appeared Dean A. Martens, known
or identified to me to be the Mayor of the City of McCall that executed the said instrument,
and acknowledged to me that such City of McCall executed the same.
blic for
y commission expires:
/3.pp/92
THOMAS W. KERR
PLS 998
KERR SURVEYING
P.O. BOX 853
McCALL, IDAHO 83638
(208) 634-2686
July 27, 1995
JOBL W. DROULARD
PLS 5357
STREET VACATION
in
McCALL'S 1ST ADDITION TO McCALL TOWNSITE
The vacation of the 16.0 foot wide alley in Block 22 and certain
portions of Dawson Street, Fir Street and Lenora Street, all being
a portion of McCall's 1st addition to McCall Townsite situate in
Section 9, T. 18 N., R. 3 E., B.M., and as shown on the Official
Plat, thereof, on file in Book 1, Page 28 of Plats in the Office of
the Recorder of Valley County, Idaho, more particularly described
as follows:
All of the 16.0 foot wide alley in Block 22, McCall's 1st Addition
to McCall Townsite AND the following described portions of Dawson
Street, Fir Street and Lenora Street:
Commencing at the northeast corner of Block 21 of said McCall's 1st
Addition, the REAL POINT OF BEGINNING:
Thence, S. 81° 25' E., 80.00 feet to the northwest corner of
Block 24,
thence, S. 8° 35' W., 341.29 feet to the southwest corner of
Block 24.
thence, N. 61° 43' 30" E., 229.12 feet along the southerly
boundary of said Block 24,
thence, S. 0° 10' 51" W., 68.25 feet to the northerly- boundary
of Block 23,
thence, S. 61° 43' 30" tr., 360.03 feet along the northerly
boundary of Block 23,
thence, 145.33 feet along a non -tangent curve to the left
whose long chord bears S. 86° 13' 57" W., 144.65 feet and
whose radius is 435.00 feet and delta angle is 19° 08'
29", to the southerly boundary of Block 22,
thence, N. 61° 43' 30" E., 195.06 feet to the southeast corner
of Block 22,
thence, N. 8° 35' E., 21.36 feet to the northeast corner of
Block 22,
thence, N. 81° 25' W., 122.00 feet to .the northwest corner of
the easterly portion of Block 22,
thence, N. 8° 35' E., 80.00 feet to the southwest corner of
the easterly half of Block 21,
thence, S. 81° 25' E., 122.00 feet to the southeast corner of
Block 21,
thence, N. 8° 35' E., 300.00 feet to the Point of Beginning,
containing 1.502 acres, more or less.
Bearings based on State Plane Grid Azimuth.
McCALL
CITY ATTORNEY
Edward G. Burton, Esq.
July 12, 1994
BY FACSIMILE MAIL to 634-3719
Ms. Eloris Chisholm
Century 21 Realty
Re: Rogers Family Trust
Dear Ms. Chisholm:
I am confirming to you the results of the Council and Commission meetings. The Council directed
that the Rogers Family Trust rezoning application be sent back to the Planning Commission with
the insructions that
The Commission request an Environmental Assessment of the subject property addressing
wetlands, habitat, and tree removal. The Council also desires the Commission to see a map
indicating existing trees and which are to be removed.
The. Commission find out what specific uses of the property are proposed; I suspect in this
sense the Council is interested in housing types, and the exact number of dwelling units
proposed of each type.
The Commission clarified Council's directions and made them more specific; the Commission
would suggest to you that you report to the Commission concerning Council's concerns as
follows, over the signature of appropriate professionals:
To return to the Commission with a map or maps delineating wetlands and the approximate
locations of trees 12" or more DBH (diameter at breast height), and showing graphically
how development on the tract will relate to those wetlands and the forest cover; OR
Withdraw the existing application and submit a Planned Development proposal, under
Section 3-22-200, which addresses those issues stated above. A new Commission hearing
would be required The Planned Development section requires the applicant to state what
will be built, and thus is not appropriate for a project in which lots will be sold to builders
whose plans are unknown at the time of application, unless applicant is willing to impose
building location, type and appearance constraints on the lot buyers.
Council is responding to neighborhood concerns about wetlands, wildlife, trees, and population
densities. Whatever practical and enforceable restrictions you could offer that would promote
sensitivity to these factors in the development of the land would be helpful, in whatever context
your interesting proposal goes forward.
As was noted at the Commission meeting, tree removal and any other form of development
on the tracts in question is constrained by ordinance, and cannot be done without some process at
the City.
Very truly yours,
CITY OF McCALL
/s/ Ted Burton
Edward G. Burton
City Attorney and Prosecutor
cc: Council
Commission
Manager
216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638-1065 • Tel.: (208) 634-7142 • Fax: (208) 634-3038
E.mail, Internet: tedburtn@halcyon.com
Edward G. Burton, Esq. Internet: tedburtn@halcyon.com
July 31, 1995
Mountain Title & Escrow, Inc.
P. O. Box 798
Cascade, ID 83611
Re: Chisholm/Rogers Family Trust Deed to City, held by you already,
for Pine-Wooley Connectort
Our Ordinances number 684, 685
Confirming Deed
Dear Colleen:
You are handed herewith:
1. Ordinance 684 with attached two Exhibits
2. Ordinance 685 rezoning certain lands
3. Deed from City to Rogers Family Trust
You already hold, held under letter from Ms. Chisholm dated July 25;1995 addressed to
yourselves, a
4. an executed and notarized deed from Rogers Trust #1 for
the transfer of right-of-way to the City of McCall on the
Pine-Wooley Connector (its Exhibit A) and Davis Street
(its Exhibit B).
You are authorized to arrange publication of the Ordinances (Items 1 and 2) in the Central
Idaho Star News (for return to ourselves after publication), and to deliver the deed (Item 3)
at such time as you are able to
5. Record the deed, item 4, to the City, which deed should be recorded prior to
delivery and recordation of the deed item 3; and
6. Issue title insurance (owner's standard) to the City of McCall on the land
described in deed itme 4, subject only to standard exceptions (parties in
possession, need for correct survey as to unrecorded interests, easements not
recorded, labor and material liens, garbage collection liens, for example,
items 2 through 8 in your COM0412-95).
Very truly yours,
CITY OF McCALL
Edward G. Burton
City Attorney and Prosecutor
cc: Council
Manager
ORDINANCE NO.684
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
VACATION OF PORTIONS OF LENORA STREET, OF DAWSON STREET, AND
OF FIR STREET; AND THE ALLEYWAY WITHIN BLOCK 22, ALL IN McCALL'S
FIRST ADDITION; AND ACCEPTING A DEED CONVEYING LANDS TO THE
CITY FOR RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. The Council fmds as recommended by the Planning & Zoning Commission
that there will not be a transportation need for the streets identified in this
Ordinance as to be vacated, once the City has the right-of-way for the Pine -
Wooley Connector and Davis Street approaches as shown on the drawing, Exhibit
A, drawn by Kerr Surveying attached hereto as an exhibit, which will provide
superior transportation to the area as compared with the streets to be vacated.
Section 2. Those portions of Lenora Street, Dawson Street, Fir Street, and the alleyway
in Block 22, McCall's First Addition, indicated in yellow high -lighting on the
attached drawing, Exhibit A, drawn by Kerr Surveying, and described on the legal
description on the attached text exhibit, Exhibit B, are vacated effective upon
delivery by the City of the deed described in Section 3
Section 3. The City Attorney shall prepare, and the Mayor and the Clerk are authorized
to sign, a deed, to the effect stated above, to evidence this vacation, quitclaiming
such land to the Trustees of the Rogers Family Trust as owners of adjacent
property, and shall place such deed in escrow with Mountain Title & Escrow, to
be held and delivered as provided in Section 4.
Section 4. Mountain Title shall deliver such deed on behalf of the City when Mountain
Title can simultaneously make delivery of the deed to the City to the Pine-Wooley
Connector within Blocks 22 and 23, and Davis Street approaches within Block 23,
as drawn on the drawing, Exhibit A, excluding the right-of-way within the 0.114
acre parcel at the Southeast corner of Block 23.
Section 5. Upon demand of the City Manager, if in his view the purpose of this
Ordinance cannot be met, Mountain Title shall retum the deed to the City for
cancellation, rather than delivery, and this Ordinance shall then be void.
Section 6. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law; provided that pubication may be
withheld until Mountain Title states that delivery of the deeds can be made upon
publication.
Passed and approved July 29, 1995.
Dean Martens
Mayor
ATTEST:
ames H. enderson,
City Clerk
co2un
ORDINANCE NO.684 Adopted by Council July 29,1995 page 1 of 1
Printed July 28,1995. Publish as stated therein. By the City Attorney pursuant to
recommendation by the Planning & Zoning Commission.
ORDINANCE NO.685
AN ORDINANCE OF THE CITY OF McCALL, IDAHO
RELATED TO ZONING; REZONING THE REAL
PROPERTY DESCRIBED HEREIN TO BE WITHIN ZONE B,
MEDIUM DENSITY RESIDENTIAL; AMENDING THE ZONING MAP OF THE
CITY OF McCALL; AND, DIRECTING THE CITY q i T012 A/ 1 ��
TO ENDORSE SUCH CHANGE ON SUCH ZONING MAP.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO,
PURSUANT TO MCC 3, AND ACTING IN A QUASI-JUDICIAL CAPACTTY, AS FOLLOWS:
Section 1: ZONING ACTION: The McCall City Planning and Zoning Commission
having after public hearing made its favorable recommendation, and the Council having held a
public hearing as well, and having decided to grant the petition for zoning map amendment, the real
property described below is rezoned from its current zoning classification, which is A, Low
Density Residential, to B, Medium Density Residential:
Blocks 22, 23 and 24
McCall's First Addition to the Townsite of McCall,
excluding however a tract described as:
beginning at the Southeast comer of such Block 23,
and running West along the south line of such Block 23
and also along the East - West Quarter line of Section 9,
T. 18 N., R. 3 E., B. M. a distance of 120 feet; thence
North a distance of 60 feet along'a line parallel to the
East line of such Block 23; thence East 120 feet along a line
parallel to the South line of such Block 23; thence South
a distance of 60 feet to the Place of Beginning;
located north and west of such exclusion, in the City of McCall, Idaho.
Section 2: ZONING MAP: The zoning map of the City of McCall Planning Jurisdiction is
hereby amended to reflect the above -described zoning classification change, and the City Attomey
is instructed to endorse the zoning map accordingly and with the number and effective date of this
Ordinance.
Section 3: lil-PECTIVE DATE: This Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law.
Passed and approved July 29, 1995.
James H. Henderson,
City Clerk
abv1+
Dean A. Martens,
Mayor
ORDINANCE NO. 685, July 29, 1995 page 1 of 1
By the City Attorney pursuant to decision of Council upon recommendation of the Planning & Zoning Commission