HomeMy Public PortalAboutResolution 09-07 initiation of proceedings Bear BasinResolution 09-07 Initiating Road Validation Proceedings -1
June 25, 2009
RESOLUTION NO. 09-07
A RESOLUTION ESTABLISHING THE DATE, TIME, AND PLACE OF A PUBLIC
HEARING TO CONSIDER WHETHER THE CITY COUNCIL OF THE CITY OF
McCALL, IDAHO, SHOULD VALIDATE BEAR BASIN ROAD AND MEADOWS
ROAD WITHIN THE CITY LIMITS OF THE CITY OF MCCALL AS PUBLIC
RIGHTS-OF-WAY UNDER IDAHO CODE §40-203A; DIRECTING THE CITY CLERK
TO PROVIDE PUBLIC NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE
BE IT RESOLVED by the City Council of the City of McCall, Idaho that:
Section 1. Definitions:
For purposes of this Resolution, the following terms shall have the meaning there after
set forth as follows:
1.1 Bear Basin Road: means and refers to that certain road and right-of-way which is more
particularly described in that certain survey prepared by Skiftun Land Surveying, Inc.
dated October 21, 2008 and entitled “BEAR BASIN ROAD” 66 Foot Wide Public Road
Right-of-Way Section 6, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho
pages 1 through 3 inclusive a true and correct copy of which is attached hereto marked
Exhibit A and by this reference incorporated herein this definition.
1.2 Legal Action: means and refers to Bear Basin, LLC, an Idaho limited liability company,
as Plaintiff has filed an action in the 4th District Court of the State of Idaho, County of
Valley CASE NO. CV2008-55C against the City of McCall and originally Mr. Philip R.
Feinberg individually and as the class representative of all others similarly situated and
all Unknown Owners all as Defendants.
1.3 Meadows Road: means and refers to that certain road and right-of-way which is more
particularly described in that certain survey prepared by Skiftun Land Surveying, Inc.
dated October 21, 2008 and entitled “BEAR BASIN ROAD” 66 Foot Wide Public Road
Right-of-Way Section 6, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho
pages 1 through 3 inclusive a true and correct copy of which is attached hereto marked
Exhibit A and by this reference incorporated herein this definition.
Section 2. Findings
2.1 Through omission or defect, doubt exists as to the legal establishment or evidence of
establishment of Bear Basin Road and Meadows Road: Bear Basin, LLC, an Idaho
limited liability company as Plaintiff has filed an action in the 4th District Court of the
State of Idaho, County of Valley CASE NO. CV2008-55C against the City of McCall and
originally Mr. Philip R. Feinberg individually and as the class representative of all others
similarly situated and all Unknown Owners all as Defendants. Bear Basin, LLC in its
legal action seeks an order of the Court that Bear Basin Road and Meadows Road are
public rights-of-way. The legal action has been stayed by order of the Court by
Resolution 09-07 Initiating Road Validation Proceedings -2
June 25, 2009
stipulation of the Parties to allow the Defendant City of McCall time to initiate and to
proceed with this statutory validation proceeding to determine the public status of Bear
Basin Road and Meadows Road.
2.2 That the survey of Bear Basin Road and Meadows Road dated the 21st day of October,
2008 prepared by Skiftun Land Surveying, Inc., Rod M. Skiftun, P.L.S. 9585, is adequate
and the City Council therefore determines it is not necessary to conduct any additional
survey of the said Bear Basin Road and Meadows Road.
Section 3. Orders:
3.1 That the City Council conduct a public hearing on the 13th day of August, 2009
commencing at the 6:00 p.m. Mountain Daylight Savings Time or as soon thereafter as
the matter can be heard at the American Legion Hall 216 E. Park St. Mc Call, Idaho to
consider all information related to the validation of Bear Basin Road and Meadows Road
as described herein and to accept testimony from persons having any interest in the
proposed validations; and
3.2 Publication/Posting requirements: That notice of the Public Hearing on Validation be
provided as follows [I.C. §§40-203A and 50-1317]:
Publish: Two [2] times in The Star-News with the first publication not greater than 21
days before the hearing and the last published notice not less than five [5] days prior to
hearing.
Post: At least 30 full days prior to hearing in three [3] conspicuous places within the
City and within each Government lot 3, 4 and 5 and within the Mile High Estates
Subdivision, Bear Basin Estates Subdivision and Meadow Lake Estates Subdivision all
postings within the City of McCall, Valley County, Idaho.
Mailing: At least thirty [30] days prior to the hearing to the abutting owners as shown on
the tax rolls of Assessor’s office and to known owners and operators of any underground
facility, as defined in section 55-2202, Idaho Code which lies within the subject rights-of-
way and within 3 days of any request to any person requesting a copy of this notice and
to Frank E. Brown as registered agent of Brown Tie and Lumber Company and Idaho
Corporation at 1636 Timber Circle, Mc Call, Idaho 83638 and to the U.S. Department of
Agriculture Forest Service in care of Forest Supervisor, Payette National Forest office at
800 West Lakeside Ave. McCall, ID 83638-3602.
3.3 That the Public Works Director prepare a report to the City Council, which shall include
consideration of the Skiftun Land Surveying, Inc., Rod M. Skiftun, P.L.S. 9585, survey
of Bear Basin Road and Meadows Road and that certain U.S. Department of Agriculture
Forest Service Public Road Easement of the subject Bear Basin and Meadows Roads
United States of America, acting by and through the Forest Service, Department of
Agriculture, grantor and the City of McCall grantee dated the 17th day of January 2007
and the road easement by and between Brown Tie & Lumber Company and any other
evidence filed of record concerning said Bear Basin Road and Meadows Road.
Section 4. Directing the City Clerk
4.1 The City Clerk is hereby directed to file this Resolution forthwith in the official records
of this City; and
Section 5. Effective Date
5.1 This resolution shall be in full force and effect upon its passage.
PASSED AND APPROVED by the McCall City Council and Mayor on the 25 day of
June, 2009.
ATTEST:
Signed:
.."84sessess%
I certify that the above resolution was duly adopted by the City Council of the City of McCall on
June 25, 2009 by the followi g vote: Ayes: 5
Bert Kulesza, Mayor
By
BessieJo7 agner, Ci lerk
No 's: 0
Absent:
Resolution 09-07 Initiating Road Validation Proceedings -3
June 25, 2009