HomeMy Public PortalAbout1991.07.03 Appraisal identified for golf course exchange a
REAL ESTATE CONSULTING GROUP,
DEAL ESTATE APPRAISERS •INVESTMENT ADVISORS•CONSI .i.ATS
Tom McKEVI7 .,IAI
TREY KNI! , MAI
JACK COCHR/ SRA
BRADFo, KNIPE
July 3, 1991
Bud Schmidt, City Administrator
City of McCall
P. O. Box 1065
McCall,Idaho
83638
Re: Golf Course Exchange
Dear Mr. Schmidt:
Enclosed please find my appraisal of the parcels identified for the golf course exchange;
which is being contemplated between the City of McCall and D and D Lands. It is my
understanding that the parcels identified within my appraisal as Parcels 1, 2, and 3 are the
parcels involved in the land exchanged. Parcel#4 is owned by the city, but is not included
in the exchange.
While I have attempted to value these parcels under assumptions relative to their theoretical
condition prior to any development which now may be present(as the parties to the
exchange requested), the practical reality is that the remnant parcels are of nominal value,
and the low end of the value range for Parcels 1 and 2 is a more prudent value from which
to base an exchange. What hasn't been considered in my analysis of these parcels, is the
benefit gained by either property owner as a result of this exchange.
Obviously, the city will acquire land that they have improved with a road to access the golf
course's new club house and parking lot. The parcel (Parcel# 1) to be acquired by the city
is necessary for the continued operation of the golf course and accompanying facilities.
Parcel#2 provides continuity between the golf course and land held in private ownership
within Timberlost VI Subdivision.
It is my understanding that in the tentative agreement to exchange for Parcels 1 and 2 (and
various other remnants) , D and D Lands is to receive a portion of Parcel#3. Various
parcelization plans have been considered,but generally, the parties agreed that the city
would retain approximately one (1) acre of the parcel near the northwest comer of Clements
Road and Reedy Lane. D and D Lands owns land adjoining Parcel#3, which is located on
the golf course and is zoned for multi-family residential development. Acquiring the
eastern portion of Parcel#3 (which slopes down to the land owned by D and D from a
ridge area near the center of the parcel), would provide a natural buffer which would
enhance the success of a condominium development on the land owned by D and D. By
acquiring this portion of Parcel#3, D and D Lands can limit development directly
adjoining them to the west.
3000 NORTH LAKEHARBOR LANE • SUITE 200 • BOISE, IDAHO 83703 • TELEPHONE (208)8$3-2020 • FAX (208)8$3-2028
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1
From the analysis of the golf course exchange parcels,it is my opinion that the exchange,
as contemplated, is an economically prudent business decision for the city. On a dollar for
dollar basis, if the city is able to acquire Parcels 1 and 2,plus the remnant parcels, in
exchange for Parcel#3 (excepting one (1) acre in the northwest corner of the parcel), the
city is acting in the best interest of the community.
At the low end of the value range estimated for these parcels (Parcel 1 and 2), the value of
the land offered for exchange by D and D Lands has an approximate value of$199,500
(not including the theoretical value of the strip of land along Clements Road). The city
owned parcel (Parcel#3) is valued at approximately$234,000, leaving a difference of
$34,500,which,if attributed to the one (1) acre parcel within the northwest corner of
Parcel#3, must be seen as a good deal for the city. Utilizing the same unit value as that
estimated for Parcel#3, indicates a value for the one (1) acre parcel within Parcel#3 of
$78,000.
Therefore, it is my opinion that the analysis of the exchange confirms the position of the
city to warrant moving forward in the consummation of the land exchange as it has been
contemplated. As I see the deal, both parties are in a win-win situation; it makes good
economic sense for the city and the golf course, and D and D Lands will achieve a more
marketable, if not valuable parcel fronting the golf course.
I hope this letter will assist the city in putting the appraisal of the land exchange parcels in
its proper prospective. Please let me know if I may be of further assistance to you;
otherwise, I trust that the land exchange will proceed forward as planned without
significant delays.
Sincerely,
Trey ,
REAL ESTATE CONSULTING GROUP
___---_-_- - -CERTIFICATEOF APPRAISAL -- -------_ __
-------------
I certify that, to the best of my knowledge and belief.
1. The statements of fact contained in this appraisal report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions and are my personal,unbiased professional
analyses, opinions, and conclusions.
3. I have no present or prospective interest in the property that is the subject of this
report, and I have no personal interest or bias with respect to the parties involved.
4. My compensation is not contingent on an action or event resulting from the analyses,
opinions, or conclusions in, or the use of, this report.
5. The appraisal assignment was not based upon a requested minimum valuation, a
specific valuation, or the approval of a loan.
6. My analyses, opinions, and conclusions were developed, and this report has been
prepared,in conformity with the requirements of the Code of Professional Ethics and
the Standards of Professional Practice of the American Institute of Real Estate
Appraisers. Additionally, the appraisal report is made in conformity with the
Uniform Standards of Professional Appraisal Practices.
7. The use of this report is subject to the requirements of the Appraisal Institute relating
to review by its duly authorized representatives.
8. I have made a personal inspection of the property that is the subject of this report.
9. No one provided significant professional assistance to the person signing this report.
10. The Appraisal Institute conducts a voluntary program of continuing education for its
designated members. MAIs who meet the minimum standard requirements of this
program are awarded periodic education certification. As of the date of this report, I,
�- Trey Knipe, have completed the requirements under the continuing education
program of the Appraisal Institute.
Based upon a physical inspection of each of the parcels, the analyses undertaken, and subject
to the assumptions and limiting conditions set forth in the report following, it is my
concluded opinion as of May 29, 1991, the Market Value of the parcel under appraisement in
Fee Simple Title was:
Parcel# 1 $148,000 to$170,500
Parcel#2 $51,500 to$69,000
Parcel# 3 $234,000
Parcel#4 $116,000
J � L
Trey MA
REAL ESTATE CONSULTING GROUP,INC. • v
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TIMBERL OST VI SUBDIVISION
REAL ESTATE CONSULTING GROUP, INC r
REAL ESTATE APPRAISERS• INVESTMENT ADVISORS•CONSULTANTS
WARRANTY DEED
FOR VALUE RECEIVED, Don C. Medley and Myrna Medlay, hus-
band and wife and Dick Medley and Janice Medley, husband and
3 wife, doing business as D & D Lands and D & D Development, an
Idaho Partnership, the Grantors, do hereby grant, bargain, sell
4 and convey unto the City of McCall, an Idaho Municipal
Corporation, the Grantee, whose mailing address is Post Office
5 Box 1065 , McCall, Idaho 83638 , the following described premises ,
in Valley County, Idaho, to-wit:
6 A tract of land in the W�NWa of Section 10 , T. 18 North,
7 Range 3 East, Boise Meridian, in Valley County, Idaho, more par-
ticularly described as follows :
8
Commencing at the one-quarter corner common to Sections 9
9 and 10 , Township 18 North, Range 3 East, Boise Meridian,
p Valley County, Idaho, being the Real Point of Beginning:
N
Q 10 Thence East along the Southerly boundary line of the
11 SW4NWa of said Section 10 , a distance of
c 00
10 . 5 feet;
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1 o� g Q 12 Thence North, 00° 01 ' 40" East, 1279 . 66 feet to a point;
W Thence South, 89° 56 ' 10" East, 608 . 67 feet to a point;
. z Q
Fo w'213 Thence South, 10° 55 ' 30" West, 100 . 86 feet to a point;
o
Y Q 2 o Thence South, 71° 43 ' East, 120 . 55 feet to a point;
Z z ,; o la Thence North, 10° 55 ' 30" East, 186 . 35 feet to a point;
Q w o 'T Thence North, 85° 16 ' West, 242 feet to a point;
z N Q 10 Thence North, 491 53 ' West, 107 . 00 feet to a point;
LL o m o 15 Thence North, 09° 21 ' East, 30 . 05 feet to a point;
c b w16 Thence North, 75° 45 ' West, 311 , 40 feet to a point;
a o Thence South, 251 10 ' West, 30 . 35 feet to a point;
17 Thence South, 73° 30 ' East, 131 . 10 feet to a point;
Thence South, 18° 41 ' West, 133 . 19 feet to a point;
18 Thence North, 89° 56 ' 10" West, 200 feet, more or less
to a point on the Section line common to Sections 9
19 and 10;
Thence South, 00° 01 ' 40" West, 1329 . 66 feet, more or
20 less to the Real Point of Beginning.
Containing 1 . 899 acres, more or less excluding Fairway
21 Drive and Ready Lane.
22 Bearings based on the plat of Timberlost VI .
23 SUBJECT TO Fairway Drive and Ready Lane as shown on the
official plat of Timberlost V. , as recorded April 9 , 1979
24 under Instrument No. 100075, Records of Valley County,
Idaho.
25
AND
26
1 Warranty Deed Page 2 .
2 Two parcels of land being a portion of Timberlost VI as
shown on the official Plat thereof on file in the office of
3 the Recorder of Valley County, Idaho, in Book 8 , Page 19 of
Plats, more particularly described as follows :
4
Commencing at a �" rebar marking the Southwest corner Lot
5 14 , Timberlost VI as shown on the Official Plat thereof on
file in the Office of the Recorder of Valley County, Idaho,
6 in Book 8 , Page 19 of Plats, the real point of beginning;
7 Thence South 89° 53 ' 00" East, 163 . 82 feet along the
Southerly boundary of said Lot 14 ,
8 thence South, 30 00 ' 00" East, 71 . 95 feet to the
extended Northerly right of way of Wooley Way,
9 thence North, 890 47 ' 23" West, 186 . 46 feet along said
o right of way to a 5/8" rebar,
Co N 10 thence North, 140 47 ' 00" East, 73 . 96 feet to the
Q co point of beginning, containing 0 . 288 acres,
o O 11 more or less .
Q2E C4
C w Q
J o Q 12 Also commencing at a �" rebar marking the Southwest corner
W � of Lot 33 , Timberlost VI as shown on the Official Plat
H o w 13 thereof on file in the Office of the Recorder of Valley
Y o Q � oo County, Idaho, in Book 8 , Page 19 of Plats , the real point
Z Q w N 14 of beginning;
a > oUja
Z N x � 15 Thence North, 890 47 ' 23" West, 91 . 28 feet along the
LL o 00 extended Northerly right of way of Wooley Way,
04
Q o w 16 thence North, 3° 00 ' 00" West, 65 . 40 feet,
o thence South, 71° 34 ' 00" East, 99 . 89 feet to a
17 5/8" rebar marking the Northwest corner of said
Lot 33 ,
18 thence South, 00 07 ' 00" West, 34 . 06 feet to the point
of beginning, containing 0 . 106 acres, more or
19 less .
20 Bearings based on the plat of Timberlost VI .
21 AND
22 A 12 . 00 foot wide easement and right of way for golf
players , golf carts and golf course maintenance purposes,
23 situate in a portion of Timberlost VI as shown on the Offi-
cial Plat thereof on file in the Office of the Recorder of
24 Valley County, Idaho, in Book 8, Page 19 , of Plats, lying
6 . 00 feet on each side of the following described line:
25
Commencing at a �" rebar marking the Southeast corner of Lot
26 14 , Timberlost VI as shown on the Official Plat thereof on
1 Warranty Deed Page 3 .
2 file in the Office of the Recorder of Valley County, Idaho,
in Book 8, Page 19 of Plats;
3 Thence, North, 89° 53 ' 00" West, 11 .52 feet along
4 the Southerly boundary of said Lot 14 ;
thence, South, 3° 00 ' 00" East, 17 .66 feet along
5 the westerly right of way of Eagle Drive to
the real Point of beginning;
6 Thence, North, 48° 00 ' 00" East, 53 .98 feet to the
7 Easterly right of way of Eagle Drive, the point
of ending.
8
Bearings based on the plat of Timberlost VI .
9
o To have and to hold the said premises, with their
w N 10 appurtenances unto the said Grantee, its successors and assigns
Q
'0 ",
o forever. And the said Grantors do hereby covenant to and with
the said Grantee, that they are the owners in fee simple of said
a a o 0 co 11 premises; That the said premises are free from all incumbrances
Jo ? o Q 12 except taxes for the year 1992 , which are not yet due and paya-
W � N - LL ble and that they will warrant and defend the same from all law-
H o w 13 ful claims whatsoever.
ZQ w0 14 Dated this 4- day of May, 1992 .
Qw0Q '0
LL o m o 15 rdlL CL
Q o 04 z 16 Don C. Medley
0
X 17 ,
18 yrn Medley
19ZZL 7,
By: Don C. Medley,
20 her Attorney in fact
22 Dick Medley
23 0, G .
By: Don C. Medley,
24 his Attorney in fact
25 xT; ----__A -I -/�
26 Janice Medley
1 Warranty Deed Page 4 .
2
3 By: Don C. Medley,
her Attorney in fact
4 )
State of Idaho,
5 ( ss .
County of Valley. )
6 -�
On this day of May, 1992 , before me, the
7 undersigned, a Notary Public in and for said State, personally
appeared Don C. Medley, known to me to be the person whose name
8 is subscribed to the within instrument, and acknowledged to me
that he executed the same.
o 9 IN Wtla'�`-NH96,,;1HEREOF, I have hereunto set my hand and
il
00 N 10 affixed my"A) ,fici�,A`�;geal the day and year rrs -above written.
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—10 ? o Q 12o —�� x ,. Notary Public for Idaho
W � N Ao G a Residing at Mc Call, Idaho.
4
F- o w 13 �� U13�.1 -D My Commission expires 04/22/97
b'
U Y O r 13' e�`�YaeAeac
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Z o w N 14 State ofto
( ss .
LL LIJ
o 0 0 -0 IS County of Valley. /)
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Q 16
On this r day of May, 1992 , before me, the
O w
p undersigned, a Notary Public in and for said State, personally
a 17 appeared Don C. Medley, known to me to be the person whose name
is subscribed to the within instrument, as attorney in fact of
18 Myrna Medley, Dick Medley and Janice Medley, and acknowledged to
me that he subscribed the names of Myrna Medley, Dick Medley and
19 Janice Medley thereto as principal, and his own name as attorney
in fact.
20
IN WITNESS WHEREOF, I have hereunto set my hand and
21 affixed my official Seal the day and year in th' s certificate
first above written.
9
22
,It00 q9�it0/�49pp �
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23 e`4 �oaooasca a `' / G C
Notary Pub is for Idaho
CSA !- Residing at McCall, Idaho
24 a
° x My Commission expires 04/22/97
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City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
November 16 , 1991
Mr. Don Medley
P.O. Box 772
McCall, Idaho 83638
Dear Don,
Attached is a copy of Ordinance 596 . This ordinance sets a
hearing for December 12 at 7 : 30 p.m. on the proposed land
trade. I thought you might want to attend.
Sincerely,
Arthur J. Schmidt,
City Administrator
D
je-
WARRANTY DEED
For value received, the City of McCall, an Idaho
municipal corporation, Grantor, grants, bargains, sells, and
conveys to Don C . Medley and Dick Medley, d/b/a D & D Land,
of McCall, Idaho, Grantees, the following described real
property:
That certain parcel of land, a portion of Lot 1, Block 5,
Timberlost Subdivision V, as shown on the official plat
thereof on file in the office of the Recorder of Valley
County, Idaho, in Book 7 of Plats, at Page 20, more
particularly described as follows :
Commencing at the northwest corner of such Lot 1;
thence S . 890 49 ' 10" E . a distance of 225 .38 feet
along the northerly boundary of such Lot 1 to the
real point of beginning;
Thence S . 89° 49 ' 10" E . a distance of 160 . 54 feet
to the northeast corner of such Lot 1;
thence S . 340 33 ' 00" W. a distance of 274 .34 feet
along the easterly boundary of such Lot 1;
thence S . 200 24 ' 00" W. a distance of 387 .25 feet
to the southerly boundary of such Lot 1;
thence N. 890 49 ' 10" W. a distance of 96 . 84 feet
to the southwest corner of such Lot 1;
thence N. 00 08 ' 40" W. a distance of 313 .35 feet
along the west boundary of such Lot 1;
thence S . 76° 00 ' 00" E . a distance of 95 . 83 feet;
thence N. 240 00 ' 00" E . a distance of 327 .24 to
the point of beginning;
containing 1 . 901 acres, more or less; such bearings
being based on State Plane Grid Azimuth;
located in Valley County, Idaho;
Subject to easements, reservations and exceptions of record.
And the Grantor covenants that it is the owner in fee
simple of the described real estate, and that it is free of
all encumbrances not above-described, and that it will
warrant and defend the same from all lawful claims
whatsoever.
DATED: March 13, 1992
CITY OF McCALL
i
Attest :
by:
Laurance A. Smith, Ji-.
Mayor
Arthur/J. Schmidt, Clerk
State of Idaho )
ss .
County of Valley )
On this day f , in the year 1992,
before me, , notary public, personally
appeared Laurance A. Smith, Jr.4 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 .
Not y/Public for Idaho
My commission expires :
0
1 WARRANTY DEED
2 FOR VALUE RECEIVED, Don C. Medley and Myrna Medlay, hus-
band and wife and Dick Medley and Janice Medley, husband and
3 wife, doing business as D & D Lands and D & D Development, an
Idaho Partnership, the Grantors, do hereby grant, bargain, sell
4 and convey unto the City of McCall, an Idaho Municipal
Corporation, the Grantee, whose mailing address is Post Office
5 Box 1065, McCall, Idaho 83638, the following described premises,
in Valley County, Idaho, to-wit:
6
A tract of land in the ANW4 of Section 10, T. 18 North,
7 Range 3 East, Boise Meridian, in Valley County, Idaho, more par-
ticularly described as follows:
8
Commencing at the one-quarter corner common to Sections 9
9 and 10, Township 18 North, Range 3 East, Boise Meridian,
p Valley County, Idaho, being the Real Point of Beginning:
N
g M o 10 Thence East along the Southerly boundary line of the
11 SWaNA of said Section 10, a distance of
00
w Q
10 .5 feet;
Q c
-10? o Q 12 Thence North, 00° 01 ' 40" East, 1279. 66 feet to a point;
w -LU Q " Thence South, 89° 56 ' 10" East, 608 . 67 feet to a point;
H o w 13 Thence South, 10° 55 ' 30" West, 100 . 86 feet to a point;
Y o Q 20 Thence South, 71° 43 ' East, 120 .55 feet to a point;
Z Q w 0 14 Thence North, 10° 55 ' 30" East, 186.35 feet to a point;
< >- co a C0 Thence North, 85° 16 ' West, 242 feet to a point;
Q z o < '0 Thence North, 49° 53 ' West, 107 . 00 feet to a point;
LL o m o 15 Thence North, 09° 21 ' East, 30 . 05 feet to a point;
Q o w 16 Thence North, 750 45 ' West, 311,40 feet to a point;
a 0 Thence South, 250 10 ' West, 30.35 feet to a point;
17 Thence South, 73° 30 ' East, 131 . 10 feet to a point;
Thence South, 18° 41 ' West, 133 . 19 feet to a point;
18 Thence North, 89° 56 ' 10" West, 200 feet, more or less
to a point on the Section line common to Sections 9
19 and 10;
Thence South, 00° 01 ' 40" West, 1329 . 66 feet, more or
20 less to the Real Point of Beginning.
Containing 1 . 899 acres, more or less excluding Fairway
21 Drive and Ready Lane.
22 Bearings based on the plat of Timberlost VI .
23 SUBJECT TO Fairway Drive and Ready Lane as shown on the
official plat of Timberlost V. , as recorded April 9, 1979
24 under Instrument No. 100075, Records of Valley County,
Idaho.
25
AND
26
1 Warranty Deed Page 2 .
2 Two parcels of land being a portion of Timberlost VI as
shown on the official Plat thereof on file in the office of
3 the Recorder of Valley County, Idaho, in Book 8, Page 19 of
Plats, more particularly described as follows:
4
Commencing at a �" rebar marking the Southwest corner Lot
5 14 , Timberlost VI as shown on the Official Plat thereof on
file in the Office of the Recorder of Valley County, Idaho,
6 in Book 8, Page 19 of Plats, the real point of beginning;
7 Thence South 89° 53 ' 00" East, 163. 82 feet along the
Southerly boundary of said Lot 14,
8 thence South, 3° 00 ' 00" East, 71 . 95 feet to the
extended Northerly right of way of Wooley Way,
9 thence North, 89° 47 ' 23" West, 186 .46 feet along said
FD right of way to a 5/8" rebar,
N
C- 10 thence North, 140 47 ' 00" East, 73 .96 feet to the
co 10
point of beginning, containing 0.288 acres,
Qo 0 11 more or less.
Q P 2 v
-� 0 LU o Q 12 Also commencing at a �" rebar marking the Southwest corner
W � `� of Lot 33, Timberlost VI as shown on the Official Plat
H o w 13 thereof on file in the Office of the Recorder of Valley
Y o Q 20 County, Idaho, in Book 8, Page 19 of Plats, the real point
Z Q w N 14 of beginning;
QW O a C)
Ix c N x 15 Thence North, 89° 47 ' 23" West, 91 .28 feet along the
LL o 00 extended Northerly right of way of Wooley Way,
Q oW 16 thence North, 3° 00 ' 00" West, 65 .40 feet,
p thence South, 71° 34 ' 00" East, 99.89 feet to a
a 17 5/8" rebar marking the Northwest corner of said
Lot 33,
18 thence South, 0° 07 ' 00" West, 34 .06 feet to the point
of beginning; containing 0 . 106 acres, more or
19 less.
20 Bearings based on the plat of Timberlost VI.
21 AND
22 A 12 . 00 foot wide easement and right of way for golf
players, golf carts and golf course maintenance purposes,
23 situate in a portion of Timberlost VI as shown on the Offi-
cial Plat thereof on file in the Office of the Recorder of
24 Valley County, Idaho, in Book 8, Page 19, of Plats, lying
6 . 00 feet on each side of the following described line:
25
Commencing at a �" rebar marking the Southeast corner of Lot
26 14 , Timberlost VI as shown on the Official Plat thereof on
1 Warranty Deed Page 3.
2 file in the Office of the Recorder of Valley County, Idaho,
in Book 8, Page 19 of Plats;
3
Thence, North, 89° 53 , 00" West, 11 .52 feet along
4 the Southerly boundary of said Lot 14 ;
thence, South, 3° 00 , 00" East, 17 .66 feet along
5 the westerly right of way of Eagle Drive to
the real Point of beginning;
6
Thence, North, 48° 00 , 00" East, 53.98 feet to the
7 Easterly right of way of Eagle Drive, the point
of ending.
8
Bearings based on the plat of Timberlost VI .
9
o To have and to hold the said premises, with their
co N 10 appurtenances unto the said Grantee, its successors and assigns
3 ' o forever. And the said Grantors do hereby covenant to and with
2 Q co o 0 11 the said Grantee, that they are the owners in fee simple of said
QQ a = (N premises; That the said premises are free from all incumbrances
C w Q
JQ 12 except taxes for the year 1992 , which are not yet due and paya-
W N N ble and that they will warrant and defend the same from all law-
z �2 Q
I- o w 13 ful claims whatsoever.
ZO Q 2 O
z w o 14 Dated this 4. day of May, 1992 .
Q y 0 a v
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c x C' 15
LL 0 0 0
H m N
a 0w 16 Don C. Medley
a z
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a 17
18 yrn Medley
19
By: Don C. Medley,
20 her Attorney in fact
21
22 Dick Medley
23
By: Don C. Medley,
24 his Attorney in fact
25
26 Janice Medley
;R t
1 Warranty Deed Page 4 .
2
3 By: Don C. Medley,
her Attorney in fact
4
State of Idaho, )
5 ( ss.
County of Valley. )
6 On this �r day of May, 1992, before me, the
7 undersigned, a Notary Public in and for said State, personally
appeared Don C. Medley, known to me to be the person whose name
8 is subscribed to the within instrument, and acknowledged to me
that he executed the same.
9
p IN 'gj 9fl6a,,g1HEREOF, I have hereunto set my hand and
N 10 affixed0�ff�e�T'„,Feal the day and year PkFs a ove written.
Q ch 10 .° A
� J o0 11 TAR� °? '
w
Q � = v o 2cC'i �' �
o e x '•� = Notary Public for Idaho
W N U) 12 o C, p Residing at Mc Call, Idaho.
w
H o w 13 cP'pIIBLI ®° g.” My Commission expires 04/22/97
Q
0
Z z wN 14 State of �'d, o9
Qco
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oseaes3nn
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LL x O 15 County of Valley. ( ) s
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Q ow 16 On this day of May, 1992 , before me, the
p undersigned, a Notary Public in and for said State, personally
17 appeared Don C. Medley, known to me to be the person whose name
is subscribed to the within instrument, as attorney in fact of
18 Myrna Medley, Dick Medley and Janice Medley, and acknowledged to
me that he subscribed the names of Myrna Medley, Dick Medley and
19 Janice Medley thereto as principal, and his own name as attorney
in fact.
20
IN WITNESS WHEREOF, I have hereunto set my hand and
21 affixed my official Seal the day and--larin t ' s certificate
first above written.
22 e'0onn�nua,aoa, 'r 7 f
T.
23A 'C
% Notary Pub`iic for Idaho
24 TAJQI'• Residing at McCall, Idaho
My Commission expires 04/22/97
25C ®
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26
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REQUESTED BY:
RECORDED
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BY: F.rUTY
FE ev
GOLF COURSE ADVISORY COMMITTEE
MINUTES
September 10 , 1991
Attending: Dave Engen, Chairman Bud Schmidt
DeEtte McCarty Charles Denham
Craig Collins
Dan Hormaechea
Ted Whiteman
1 ) D & D Land Trade
Dan Hormaechea reviewed a letter fron Bill Killen (copy
attached) written at the request of members of the golf course
foundation rendering the opinion on the appraisal relative to
the D & D land trade. Hormaechea stated that the foundation
contacted Killen and Kerrick for a legal point of view and
}.��7 th,: extent of thE:_' . ir.: _1,,er: - . Easements were in
question as to whether or not the city is trading for land it
currently has an easement for access through. After lengthy
discussion Ted Whiteman inquired as to whether the city would
benefit -- fro— the trade, is it in the city' s best intrest? Dave
rage:., 7 t!,- come lines . asked "Can the city use the land
sp`cifi<_ & i: r ---- Ili land does the city need for
overfic- narking and cart storage?" Dave Engen produced
arawings or the parcel in questin with a 200 ' X 215 ' rectangular
portion and asked if the committe thought this was adequate for
city use . At this time the floor was open to motions .
Ted Whitema- m^ved that the committee ao on record objecting to
the fac_. :.: I-- appra_ _ _ adequately consider
easements in its appraisea value o.L each parcel and further
recommends that the city, during the process of trade, retain
adequate land for cart storage and overflow parking no less than
1 . 5 acres . DeEtte McCarty seconded and the motion carried. Dan
Hormaechea moved to have boundaries of the 1 . 5 acre plot defined
as soon as possible. Ted Whiteman seconded and the motion
carried.
2 ) The meeting with Mayor Allen was discussed briefly. Ted
Whiteman produced his letter for committee approval . The
committee agreed the letter was a positive step toward defining
committee role in golf operations . Craig Collins moved that one
statement be amended and the letter be sent . DeEtte McCarty
seconded and the motion carried.
3 ) Spring Mountain Ranch
Ted Whiteman moved that before city council approves layout and
design of the Spring Mountain Ranch 9 holes, the committee would
like to meet with developers to review the plans . Craig Collins
seconded and the motion carried unanimously.
4 ) Cart Storage Design and Construction
After much discussion about building design, cost and where
money is to come from, Dan Hormaechea moved to ask Tom Haynes to
produce a new drawing with spaces reduced from 10 'X 12 ' to 8 'X
11 ' to save area, also to decide on type of building. Ted
Whiteman seconded and the motion carried. The committee needs
feedback from private cart owners as to the type of building
they desire .
5 ) Capital Improvements
Bud Schmidt will provide forms for committee to re-prioritize
capital improvements in October.
6 ) Winter Use of Clubhouse
The city would like to see the clubhouse remain available
through the winter carnival to host Christmas parties and other
social gatherings . The committee recomended that Jim Mann come
up with a proposal for restaurant to host or cater these events .
7 ) Mission Statement
Bud Schmidt reported that the City council had recomended that
the committee review Mission statement and have a work session
to recomend amendments . The committee suggested that a council
member or two sit in on this work session to bring all points of
view into one room for discussion on the direction of committee.
Dan Hormaechea moved that the committee is operating under
Mission statement as of 1987 , if there are any changes to this
statement, it should be brought to the committee ' s attention.
Craig Collins seconded and the motion carried.
The meeting adjourned at 9 : 50 p.m.
Dave Engen
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
William M. Killen Telephone: (208) 634-7118
Carl B. Kerrick September 6 , 1991 FAX (208) 634-5880
TO: McCall Golf Course Foundation
c/o Dan Hormeachea , Secretary
P . 0 . Box 187
McCall , Idaho 83638
FROM : William M. Killen �2/
RE : Review of Real Estate Consulting Group Appraisal -
McCall Golf Course Parcels (Report Date of July 2,
1991 )
ATTN : Sam Alacano , Chairman
Backaround: In response to your request I have reviewed the
subject---appraisal in order to assess Its validity and
credibiT'Ity from a legal perspective . My understanding Is
that the Foundation has received a request from the Chairman
or the City's Golf Course Advisory Committee seeking their
input on the document and they in turn elected to seek this
legal opinion . a
Summary : My overall assessment is that the appraisal used,
the analysis employed, and the conclusic^s rendered are
reasonable and appropriate in light of the assumptions
relied upon . However , certain of the assumptions
themselves , appear to be at variance with the actual facts
and circumstances and their legal consequences. As a result
it is believed that the value estimates for certain of the
Parcels treated, No . 1 and 2 in particular are substantially_
flawed: that their appraised values are materially over
stated as a result .
Opinion •
Parcel l : The appraisal is based. in part . on the
assumption that the parcel is subject only to a cart path
access easement which is allegedly subject to being
re-routed over the parcel to allow for further development
( p . 46 - Utilites and Easements) . A review of the subject
easement and its language (Valley County Recorder's
Instrument No . 87480 , executed in 1974 ) does not support
McCall Golf Course Foundation Page 2 September 6, 2991
this limited characterization . The express grant references
" an easement for access between fairways Nos. 6, 7 and 8 of
the golf course . . [presently holes 11 , 12 and 13
respectively ] . This language , coupled with the actual use
both prior and subsequent to the grant indicates foot
traffic , cart traffic , vehicular traffic , and utility lines
crossing the subject parcel in at least two well -defined
corridors. Meandering along and within the irregular
northerly boundary of the parcel Is the pathway used for
foot and cart traffic essentially linking the 7th tee to the
green and the 8th tee beyond. This corridor also carries a
water line for the course which pre-existed the 1974 grant .
A second branch of this pathway runs southward from a point
roughly midway between the No . 7 tee and green linking up
with the 6th green . This segment was substantially wider ,
providing vehicular access for course maintenance equipment
and vehicles between fairways 6 and 7, as well as an
additional water line running southerly to the 6th fairway .
It is clear from the observations made in the Appraisal
Analysis that no consideration was given to those routes
save to—a limited extent , namely , the portion of the cart
path meandering along the 7th fairway , because of its
presumed moveable nature . In realty easement grants such as
involved here , while moveable initially , namely , prior to
their actual development , essentially " ripen" into fixed
easements once physically established upon the land.
In addition to the foregoing uses, all of which pre-dated
the 1974 grant , Payette Lakes Water and Sewer District holds
a record easement traversing from the 6th fairway alongside
the above referenced South branch of the cart path/roadway
northward across the 7th fairway . This was granted by the
City in 1980 . Finally in early 1990 City water , power and
sewer lines were laid beneath the roadway , subsequently
paved, which bisects the parcel from West to East providing
access to the new club house .
Given the character and extent of the uses crossing the
subject parcel prior to the 1974 grant , together with the
language of the grant . a reasonable construction of that
grant is that it authorized access across the parcel for all
Purpose usual and incidental to the operation and
maintenance of the portion of the golf course referenced as
well at play itself . To characterize the easement as being
only a cart path easement is highly questionable .
Further , in light of the fixed nature of these uses, the
appraiser' s conclusion that the site is developable as
either 15 condominium units or 5 residential lots is
McCall Golf Course Foundation Page 3 September 6 , 2991
suspect . Even if one assumes the 1990 improvements crossing
the parcel are not within the scope of the 1974 grant , all
prior crossings whether cart path , roadway or utility lines
are either clearly within the grant or have matured
prescriptively . Their precise location and character are
not moveable as a matter of right and thus materially impact
the conclusions reached as to use , potential and consequent
value .
A further error of material consequence to the appraisal is
the mistaken assumption as to zoning.
Parcel 1 is not Residential B , but is rather Urban
Agricultural and Recreation (Zone F) . This is the Zoning
Classification that encompasses the golf course proper ;
Residential B generally applies to homesites abutting the
course in Timberlost I through VI ; a review of the City
Zoning Maps indicates the subject parcel is classified as a
contiguous part of the course for zoning purpose and is
coded accordingly . At most , Zone F may be developed at one
residential unit per acre ( F-3) , at worst one per ten acres
( F- 1 ) ; unless otherwise designated land in Zone F is treated
as F- I-;- the author was unable to identify any special
designa"t"ion beyond F for the subject parcel . Further- ,
multi -unit residences are not permitted uses in this zone .
Parcel 2 :
a
The analysis of Parcel 2 suffers from similar defects though
to a much lesser degree . It too is included within the
scope of the 1974 grant , and the actual uses pre-dated the
grant , consisting of a surface pathway used as both a
cart/foot path and as a vehicular roadway ; it too carries
underground water lines linking the golf holes involved. As
before these crossing are and have been in place for a
number of years , predating the 1974 grant and, as such , are
not moveable as a matter of right .
As pointed out by the appraiJa.l analysis this easement
corridor virtually bisects the parcel East to West . Their
analysis rests on the belief that it can be developed into
two ( 2) single family residences of around 10 ,000 square
feet each (Appraisal at p . 70 ) . While the analysis elects
to disregard both the cart path and Eagle Drive (Appraisal
at p . 64) (which partitions the property into eastern and
western portions) , both these features existed as of the
appraisal date and radically limit the development potential
of the parcel especially when coupled with the applicable
set back requirements , in reality at most one buildable lot
would be available on the westerly portion .
McCall Golf Course Foundation Page 4 September 6, 2991
Further , while the appraisal treats the property as being
Residential Zone B , its actual zoning classification would
appear to have been Zone F at the relevant date (May 29 ,
1991 ) . The actual zoning classification is somewhat unclear
since no color coding appears on the City Zoning Map and it
appears as unplatted property on the Timberlost VI
Subdivision plat . Since that platting did not alter its
character for zoning purposes It presumably remains Urban
Agricultural and Recreation (Zone F-1 ) , thus burdening it in
the like fashion as parcel 1 , insofar as development
potential .
Parcels 3 & 4 :
These parcels , while also crossed historically by roadways,
are the parcels owned in fee by the City ; as such the
historical use of these roadways by the City or its
employees and invitees is of no present consequence for
valuation purposes . It is correctly treated as Residential
B for zoning and development purposes. As such from a legal
standpoint the appraisal assumptions used to determine
values are appropriate .
a