HomeMy Public PortalAboutGAC Minutes 1991 09/10GOLF COURSE ADVISORY COMMITTEE
MINUTES
September 10, 1991
Attending: Dave Engen, Chairman
DeEtte McCarty
Craig Collins
Dan Hormaechea
Ted Whiteman
Bud Schmidt
Charles Denham
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
thats the extent of their involvement. 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 from the trade, is it in the city's best intrest? Dave
Engen, along the some lines, asked "Can the city use the land
specified by D & D, how much land does the city need for
overflow parking and cart storage?" Dave Engen produced
drawings of 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 Whiteman moved that the committee go on record objecting to
the fact that the appraisal does not adequately consider
easements in its appraised value of 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.
William M. Killen
Carl B. Kerrick
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
September 6, 1991
TO: McCall Golf Course Foundation
c/o Dan Hormeachea, Secretary
P. O. Box 187
McCall, Idaho 83638
FROM: William M. Killen
Telephone: (208) 634-7118
FAX (208) 634-5880
RE: Review of Real Estate Consulting Group Appraisal -
McCall Golf Course Parcels (Report Date of July 2,
1991)
ATTN: Sam Alacano, Chairman
Backccround: In response to your request I have reviewed the
subject_f.appraisal In order to assess its validity and
credibllity from a legal perspective. My understanding Is
that the+ Foundation has received a request from the Chairman
of the City's Golf Course Advisory Committee seeking their
input on the document and they in turn elected to seek this
legal opinion.
Summary: My overall assessment is that the appraisal used,
the analysis employed, and the conclusions 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 1: 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---e 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-1- the author was unable to identify any special
designation beyond F for the subject parcel. Further,
multi -unit residences are not permitted uses in this zone.
Parcel 2:
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 appraisal 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 a.t 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.