HomeMy Public PortalAboutP&RAC Minutes 1989 11/17PARKS & RECREATION ADVISORY COMMITTEE
MINUTES
November 17, 1989
Attending: Max Williamson
Kathy Killen
Steven Millemann
Nancy Gentry Gift Deed Proposal:
Allan Muller
Wayne Allen
Chairman Max Williamson reported that the purpose of
this meeting was to consider a proposal by Nancy Gentry
to convey to the City of McCall by Gift Deed property
which fronts on Payette Lake (see attached three page
Agreement), while she reserves rights for day use
moorage and a concession gazebo.
The Committee reviewed the appropriate parts of the City
of McCall's Park and Recreation Plan (i.e., site design
considerations, resident/visitor parks and beaches under
types of recreation sites, philosophy, and goals &
objectives of water based facilities and consideration).
The Committee felt that the gift and request were within
the scope and purposes as set forth in the plan.
It was moved and seconded that the Committee and the
City express their appreciation and thanks to Ms. Gentry
for such a generous gift which will help accomplish the
park and recreation goals, and, further that the
Committee express its appreciation of paragraph 6 (b) of
the Agreement which allows the Committee and City
approval prior to contemplated construction and
commencement of activities, and that the Committee
recommend approval of Ms. Gentry's request. The motion
passed unanimously.
Millemann Resignation:
Member Steven Millemann submitted a letter of
resignation from the Committee and explained his reasons
for so doing.
DATED this 2 ? day of November, 1989.
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Max Williamson
Chairman
RECREATIONAL EASEMENT AGREEMENT
THIS AGREEMENT is made by and between NANCY M. GENTRY,
P. 0. Box 1123, McCall, Idaho 83638, as Grantor and the CITY
OF McCALL, a municipal corporation of the State of Idaho,
P. O. Box 1065, McCall, Idaho 83638, as Grantee.
WHEREAS, the parties presently own adjoining parcels of
land within the municipal boundaries of the City of McCall,
Gentry owning the parcel described in Exhibit A, and the
City owning that immediately adjoining to the North and
South.
WHEREAS, the owned properties front on Payette Lake and
by location and contour are well suited for development and
use as an element of the City parks and recreation system,
and
WHEREAS, both parties are desirous of effecting such
objectives by formally conveying a recreational easement
from Gentry to the City in perpetuity so long as the
servient property is used, maintained and preserved as an
outdoor recreation area for the use and benefit of the
public,
NOW THEREFORE, in consideration of the foregoing and
the terms and conditions which follow, the parties agree to
perform, each for the other, as follows:
1. Grantor shall execute and deliver to Grantee a
Gift Deed in usual form for the purpose of
creating and conveying the real property intere-st
involved; such deed is appended hereto as Exhibit
B.
RECREATIONAL EASEMENT AGREEMENT - Page 1
2. Grantee agrees to execute such additional
documents as are necessary to qualify the gift as
a charitable contribution under Section 170
(h)(2), I.R.C.
3. Grantee shall be entitled to hold such interest in
perpetuity so long as the property is used,
maintained, and preserved as an outdoor recreation
area available to the general public.
4. Improvements to the property shall be limited to
landscaping, equipment, structures or facilities
consistent with the intent of this gift, namely,
its preservation and use of a public outdoor
recreation area.
5. Grantee shall be responsible for maintaining the
property, including the dock, in a clean and
orderly condition so as to minimize any risk of
harm to the public; the Grantee has the right to
remove or relocate the existing dock; it shall
likewise provide suitable liability coverage of
the premises by way of contract of insurance or
other comprehensive liability plan including, but
not limited to, indemnifying and holding harmless
the Grantor from any claims, suits, actions or the
like for injury arising from, upon, or in some
manner derivative of, the premises involved.
6. Grantor reserves all rights in the land not
granted by the contemplated easement or
inconsistent with the foregoing terms or
conditions delineating the parties intent; the
rights reserved Include, but are not limited to,
the followingT
a. Non-exclusive day -use moorage rights at the
existing dock, or any replacement thereof,
which services the property.
b. The right to operate a concession gazebo from
the upland area consistent with the
contemplated recreational nature of the
property and existing zoning regulations;
such concessions, by way of example only,
could include the rental of windsurfers,
canoes, or other watercraft. In particular,
the property lies within Zone F-Urban
Agriculture and Recreation District overlayed
by Zone I - Shoreline and River Environs
RECREATIONAL EASEMENT AGREEMENT - Page 2
District (overlay). These limit permitted
commercial concession uses to outdoor
recreation and equipment rentals (Section
3-10-2(D) 5 - McCall Code) and which
expressly regulate set -backs, heights,
exterior building materials, and size. The
construction and maintenance of the
contemplated structure would be at the sole
expense of Grantor and would be sized and
located in a manner consistent with the
governing zoning provisions and, as such,
subject to review and approval by the City of
McCall, and In any event not to exceed 225
square feet of area upon the ground. A
limited range of food and non-alcoholic
beverages may be offered as well. Grantor
shall be obligated to obtain and maintain
liability coverage on any business operations
based at the concession stand, with the
Grantee named as an additional insured.
c. Grantor's concession rights on the premises
subject to the easement shall be exclusive,
namely, the City may not exercise or grant
like rights to others as an incident of its
easement holding; this shall not preclude the
assignment of such rights by Grantor.
7. By execution of this agreement, It is the intent
of the parties that all the terms and conditions
set forth for the contemplated grant of easement
shall run with the land and continue from and
after the execution and delivery of the Gift Deed.
8. The terms and conditions herein shall bind the
parties, their heirs, assigns, or other successors
in interest.
EXECUTED this day of , 1989.
GRANTOR: GRANTEE:
CITY OF McCALL
Nancy M. Gentry John J. Allen, Mayor
Attest:
City Clerk, Arthur Schmidt
RECREATIONAL EASEMENT AGREEMENT - Page 3