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1984-1995 Resolition 6-85 Davis Beach Docks - Private Ownership Public Access
RESOLUTION NO. Co -tr. A RESOLUTION REGARDING DOCKS ON PAYETTE LAKE ATTACHED TO DAVIS BEACH AND OTHER CITY -OWNED OR CONTROLLED PROPERTY. T RESOLVED AS A. DAVIS BEACH:DOCKS 1. The City of McCall recognizes the grandfather rights attached to the two existing privately owned docks on the Davis.Beach property owned by the City. 2. That:the right to use, operate, and maintain such docks attach only to the following described real property, to -wit: North Dock: Lots 4 and 5, Block 1, and Lots 3, 4, 5 and `=`6of _'Block . 2, . all in Davis Beach Tracts, ac- cording `lo'the official plat thereof on file and of record.iL the office of the Recorder of Valley County,::,;;Idaho . `zv South .Docks The South Half of Lot 1, Block 2, Lots 1, 2, 4 and 9 of Block 6; Lot 1 of Block 7 and Lot 4 of Block 10, all in Davis Beach Tracts, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. 3. That such docks may be moved within Davis Beach at City expense if required for City purposes and that themoving thereof shall not extinguish- grandfather rights as attached to such docks or alter the rights recognized by this Resolution. 4. That the owners of said real property shall furnish to the City annually, evidence of no less that $100,000.00 liability insurance coverage, for each of -such docks. 5: That such docks shall be open for public use, save and except that only the owners of the real -property above de- scribed shall have the right to moor boats at such docks. 6. Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lot to the remaining lots above described. Once dock rights have been transferred, dock rights to the specific lot from which such rights were transferred are forever extinghished and shall not be revived. However, in the event of the transfer of ownership of property listed above, dock rights attached to such property being transferred shall vest in the new owner. B. OTHER CITY OWNED CONTROLLED PROPERTY 1. No private docks shall be attached to City -owned or controlled property save and except the Davis Beach docks above specified. C. ADOPTION AND RECORDATION 1. That a copy of this Resolution shall be certified by the City Clerk and placed of record in the office of the Recorder of Valley County, Idaho. Passed and approved this 4th day of November, 1985. 2iZ4 Mayor Attest: PROPOSED REQUIREMENTS FOR DOCKS ATTACHED TO CITY PROPERTY The City of McCall acknowledging the desire for public use of Payette Lake for recreational purposes does hereby require that any individual, group or residential desiring to build and place a dock into Payette Lake adjoining to City property will abide by the following regulations: 1. A $25.00 filing fee , ri11 be paid to the City of McCall. �'. Application must be made to the McCall City Council. Application must contain the following information: a) Engineering grade drawing of proposed dock location and construction type.. Location should show docks on adjacent property if such exists. b) List of owners and addresses. c) Proposed usage cif dock by owners. 3. Are encroachment permit from the. State of Idaho Department of Lands is required. 4. The docks shall be built in accordance to the Department of Lands specifications. 5. Public use and access shall be allowed. E►. No overnight mooring will be allowed with the exception cif the owners cif two docks located at Davis Beach having recognized Grandfather rights by the City of McCall (diagram and description attached). (Ex,rzr A4 a) The forth Davis Beach dock has 5 owners and the South Davis Beach dock has 7 owners whose names are registered with the City of McCall. In the event of property sale the dock right would attach to the neA0 property owrrriership and must be filed with the City cif McCall. b) If the City desires to add docks at Davis Beach, the. South Dock will be move adjacent to the existing Pumping Station so that its location is not more than a ma;imum of 15 feet from the north edge of the station. If a co►rifigurtion change is made the Grandfather rights. will still be recognized. The cost of moving will be bore by the City of McCa11 if such is requested. It is agreed that the City make judious use cif the space texPiasz# �) available in placing docks and the configuration for Davis Beach on file with the City might be considered. 7. The owners of these docks as well 5s the Grandf athered Davis Beach docks must show evidence of liability coverage of their docks . Operation and Maintenance of docks will be the reti ponsi bi l ti y of the owners and inspection by the City will be done periodically to ensure proper safety. aA�/iS BEACH SOUTH DOC:K OWNERS AND MAILING ADDRESSES 1. Mrs. Estrid Robinson 2. Mr. � : Mrs. R.W. Scott 3. Mr. & Mrs. Crary Newby 4. Jim / Warren Farmer 5. Mr. & Mrs. Kay Howard 6. Mr. 8.: Mrs. Brad Brady 7. Mr. & Mrs Bob Trabert 6249 Me11y1i 11 e Cyr. 6043 Winstead Pl. Ao Le- DAVIS BEACH SOUTH DOCK LOCATION imusIn maximum 1=M1t. . 'WINSOME D Ate IS BEACH Oakland, Calif. 94611 Boise, Idaho 83704 Nyssa, Oregon Boise, Idaho Eagle, Idaho Nampa: Idaho SOUTH PROPERTY LINE BETWEEN DAVIS LEACH & TIMBER LAKE PUMPING ST AT ION � (SOUTH) EACH DOCK SECTION IS 32 FEET L 4 \PILING FROM THE . 1940-50 DOCK P AYETTE LAKE E DAVIS BEACH SOUTH DOCK August 12, 1983 In accordance with the verbal approval of the five present dock owners of dock situated near Davis Beach, McCall, Idaho, a 1/6 interest is now to be in the name of Clarence Kinzler. The owners now stand in the name of and dock assigned number- as illustrated:. Robert Mangum, C. L..Balding, Q. E. Howard, Sr., Marvin Fulcher, Howard Thompson and Clarence Kinzler. Robert Mangum. (1) Marvin Fulcher (2) Clarence Kinzler (3) Sincerely, C. L. Balding (4) C. L . Balding (5) Q. E. Howard, Sr. (6) Howard Thompson �� , ^ �� - . - - C I - 7 Y = [ % P 7 1 W A - L B 8 X 1 0 6 5 ' M c C A L L , I D A I - J l 8 3 6 3 8 _ - - _ _ _ - R E ! D O C K P O L I C Y , A N D P R O C E B U R E S T ��R �� i ' t ` ��e e - c � 7 x p , o ��3 ��d - / ��[ - C n \ / n c i t m ��n ��C C i f f L 8 t o s , 1 C k u c k b a L d i n g i . 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O ( 1 I i F ' C o m r l l t ; l PROPOSED REQUIREMENTS FOR DOCKS ATTACHED TO CITY PROPERT'•r The City of McCall acknowledging the desire for public: use of Payette Lake for recreational purposes does hereby require that any • individuol, group or residential desiring to tu.rild and place a dock into Payette Lake adjoining to City property will abide by the following rea_ulations: 1. A $25.00 filing fee 'r5r'ill be paid to the City of i"1cCol1. 2. Application must be made to the McCall City Council. Application must contain the following i of ormoti on: a) Engineering grade drawing of proposed dock; location and construction type. Location :.should sl oA, docks on adjacent property if such exists. b) List of otiYners and addresses. c) Proposed.usage of dock by owners. 3. An encroachment permit from the Stote of Idaho Department of Land; is required. 4. The docks shall be built in accordance to the Departrent of Lands specifications. 5. Public: use and occ:ess silo]] be allowed. C. No o'y. erni qht mooring ng will be allowed with the exception of the owners of two docks located at Do is. Beach having recognized Grandfather rights by the City- of McCall ?:diagram and description attached,. (6,k, T A-) a) The North Davis Beoch dock leas 6 owners and the South Dd is Beach dock has ; owners WhOSe navies are registered with the City of McColl. •In the event of property sale the dock right would attach to the new property ownership and must be filed with the Cite of McColl. bj If the City desires to add docks at D5Vis Beach„ the South Dock ^rill be move adjacent to the existing Pumping Station so that it's location is not more than a maximum of 15 feet from the north edge of the :station. If a configurtion change is mode the Grandfather rights will still be . recognized. The r_.ost of moving ..rill be bore by the City of McColl if such is requested. It is agreed that the City make judious use of the space (Ex�tt73T� � available in placing docks and the configuration for Davis Beachlon file with the City might be considered. ?. The owners of these docks as well as the Grandfothered DOVjS BedCh docks must show e'yridenc:e of liability coverage of their- docks . o. Operation and Maintenance of docks will be the responsibiltiy of the coNners and inspection by the City will be done periodically to ensure proper safety. EX H B I- 7" UnA-10.vM CBALDT y)) o vT�l paC�'/C Corr PoA/1 p STD}-TSo� /. ""'\ '9'/ .NI f f Q/. S � . , 4 -_,, -, f 7 f .1 1 .. Isr 1 i_ �l �oQ yrnos 4-)(7C7 %,) a-i�-1 � .H.? A l=e4 UI+J oN �� 1 i gT H X_3 „ DAVIS BEACH SOUTH DOCK OWNERS AND MAILING ADDRESSES 1. Mrs. Estrid Robinson 2. Mr. & Mrs. R.W. Scott ?. Mr. & Mrs. Crary Newby 4. Jim i Warren Farmer 5. Mr. & Mrs. Fray Howard 6. Mr. & Mrs. Brad Brady ?. Mr. & Mrs Bob Trabert 6249 Melville Dr. Oakland, Calif. 94611 6043 Winstead Pl. Boise, Idaho O._} ; f._ 4 Nyssa, Oregon v.c AZ - Boise, Idaho Eagle, Idaho Nampa, Idaho DAVISBEACH SOUTH DOCK LOCATION DAVIS BEACH '`- SOL ITH PROPERTY LINE BETWEEN DAVIS BEACH T IMBER L AKE PUMPING STATION i A, (.SC UTH) EACH DOCK SECTION IS 32 FEET a 'PILING FROM THE 1940-50 DOCK F AYETTE L AKE D Ak.' IS BEACH SOUTH DOCK August 12, 1983 In accordance with the verbal approval of the five present dock owners of dock situated near Davis Beach, McCall, Idaho, a 1/6 interest is now to be in the name of Clarence Kinzler. The owners now stand in the name of and dock assigned number as illustrated:. Robert Mangum, C. L. Balding, Q. E. Howard, Sr., Marvin Fulcher, Howard Thompson and Clarence Kinzler. Robert Mangum (1) Marvin Fulcher (2) Clarence Kinzler (3) Sincerely, C. L. Balding I(4) C. L. Balding (5) Q. E. Howard, Sr. (6) Howard Thompson LOUIS H.COSHO HOWARD HUMPHREY RICHARD H.GREENER R. MICHAEL SOUTHCOMBE STANLEY W. WELSH MAX A. EIDEN, JR. RANDALL C. FREDRICKS FREDRIC V. SHOEMAKER CHRISTOPHER BURKE MICHAEL T. SPINK RORY R. JONES STEPHEN J. GLEDHILL JANICE M• GEARHEART SARA M. THORPE JOSEPH M. MEIER CLEMONS, COSHO & HUMPHREY, P. A. COUNSELORS AND ATTORNEYS AT LAW ELEVENTH FLOOR, FIRST INTERSTATE BUILDING 700 WEST IDAHO BOISE,IDAHO 83702 Mr. Jim Smith City of McCall P.O. Box 1065 McCall, Idaho 83638 Dear Mr. Smith: July 11, 1985 DALE CLEMONS (1911-1983) TELEPHONE AREA CODE 208 344-7811 The matter of the public hearing concerning the dock on Lake Payette near Garnet Street has been set, reset and vacated twice over the last eight months since we requested that it be put on the City Council agenda. I last talked to you on March 25 of this year and have from time to time also talked to Mr. Remaklus. The telephone message which I left with your office last week while you were on vacation also relates to this subject. My clients, several of the property owners abutting Garnet Street and the immediate vicinity, are most anxious to have this matter resolved. Please give this matter your immediate attention upon your return. Thank you. FVS/slr Yo truly, V. Shoemaker ZA-er�� ��� � • LOUIS H.COSHO HOWARD HUMPHREY RICHARD H.GREENER R. MICHAEL SOUTHCOMBE STANLEY W. WELSH MAX A. EIDEN, JR. RANDALL C. FREDRICKS FREDRIC V. SHOEMAKER CHRISTOPHER BURKE MICHAEL T. SPINK RORY R. JONES STEVEN L.ADDINGTON STEPHEN J. GLEDHILL JANICE M.GEARHEART CLEMONS, COSHO & HUMPHREY, P. A. COUNSELORS AND ATTORNEYS AT LAW ELEVENTH FLOOR, FIRST INTERSTATE BUILDING 700 WEST IDAHO BOISE, IDAHO '83702 Mr. Jim Smith City of McCall P.O. Box 1065 McCall, Idaho 83638 Dear Mr. Smith: March 25, 1985 DALE CLEMONS (1911-1983) TELEPHONE AREA CODE 208 344-7811 This is to confirm Our telephone conversation of March 25, 1985, on the subject of scheduling a public hearing concerning the dock. on Lake Payette near Garnet: Street. I understand from myconversations with both you and Robert Remaklus, the City Attorney, that the public hearing for the City Council in this matter is to be scheduled during April. Would you kindly call or advise me of the time and place so that my clients can be present.- or otherwise have an opportunity to have their position heard. Thank you. Fredric Shoemaker FVS/slr. cc Mike Jones Bob Remaklus _90517 - (goz) zoLE:3 ciT ;V./ N/00/ tv,zZ) str79oo y a' 7 v_L• 367P2-9917 (go?) -°.7g LZ/7/"1-917 (8°-4) 9g90.3 01 iverwtIN V 1,1z/77g-7.7i-1s- IzgZ .2.2zygtietz _F/7s, s3o.9-,LE: (go-) X/zEg ..Rvag d0 -87w/rya 7704 0 9e• g (eltv-Z.) 22tiolcw 4E8 Z1..k 5/79 2g 9S te ()_P gi6L6 11-v-9,k2 - S-g_cpcq?-oy ..1173/4b/Y-4 IZSZ ?'-gia2/ty 1,19_0 /Lz.-74S` (-377) ZLES °?`717G.2 3s/V t/7 "IY rib e.o-de) r,VoigN —UP- aWf, 211)ft 67/X-Z-S-7) Notgrw9,V '_r itavYttis, .sakv 6016-.40 (892) 9£9E-S al://1-0,w z.,Exag'od _5'9064E5 (ot.9.) P1,2112iPir90-(V—?//:"Plij 6h7 9 ofr/VOI r :77vj,)},q - P-43V.93 S. J_V (,70 1-1.1005' 10 S-V3NMO -96 -5/-g STATE OF IDAHO DEPARTMENT OF LANDS PAYETTE LAKES AREA OFFICE P.O. Box AS, McCall, Idaho 83638 (208) 634-7125 August 23, 1985 Jim Smith City of McCall P.O. Box 1065 McCall, ID 83638 Dear Jim: I have, as you know, reviewed the question of grandfather rights on the two docks at Davis Beach. The south dock (Scott) has, in my opinion, grandfather rights in that they have had a dock of the same size andshape in the same location since many years prior to the passage of the Navigable Waters rules. The North dock (Balding), in its PRESENT configuration, in my opinion, would not have grandfather. rights. However, it is evident that a dock has existed in this location for numerous years. The dock that existed prior to the navigable waters rules was 72` long, The present dock is 114' long. Charles Balding has told me that they added a section of dock with this Department's full knowledge and did not, therefore, believe that their rights would be jeopardized by doing so. The point to all of this is that if the owners of the north dock were to remove one section of dock they would then be of the same configuration and size as the dock that would have had grandfather rights. It is my understanding from the meetings we have had that the City is willing to accept the prior rights of both the north .and south docks, in the size and configuration as they now exist, This Department has no objection to that decision. I feel that it is a good answer to the problem. If you have any questions on this matter please give me a call, Sincerely, BRYCE D. TA'YLOR Lands & Range Specialist BDT/sk EQUAL OPPORTUNITY EMPLOYER meeti,the code and aaaumed it had been met. It had been inspected and.approved and ahould-be inspected'by"the inspector. .The Mayor stated the.City was attempting to enforce the Code and would make every effort to see that violations did not occur. Bob -Smith -and -Dick Johnson, Land Surveyor, --were present -with a hard back copy of a resubdivision of Lot 15 of Timberlost #1. The proposal.was presented at the last meeting and following discussion McDougal moved the plat be approved subject to . correction of'the conditions in the radiuses being shown on:the corners. The:motion was seconded by.AHaitAy and upon vote • declared carried unanimously. Bob Smith stated the County would have a sealcoating con tract bid soon and that Bob Duncan, Airport Manager,. had recommended the City sealdoat aroud the:gas pumps, 13,000 square yards - were involved an estimated cost between $4,000.00 and $5,000.00. There followed a discussion.on including some City streets in the Countyybid. The Council proposed to.call for bids with the County and would workaas 'a deductible alternate in case the work could not be completed. The oiling of the streets and chip supply for'the street base were reviewed. A letter from the State of Idaho on the ownership of the property used in ..the Recreation Program was reviewed and'Remaklus stated the City should retrun it,unsigned as the.school was sponsoring • the program at the timethe monies were spent. The Attorney stated he would reply to the letter. !" -reic.lus reriewad an Remaklus reviewed an Ordinance on.the adoption of the City Impact Area which had been prepared that the same ordinance should be' cleared with Valley County to. make sure the identical ordinance ie passe'd. • Remaklus stated that a question had arisen as to the charging of.impound fees for dogs which were picked up where the owners live outside the City limits. It was the' opinion of.the Attorney that .all impounding fees and board be charged on all dogs which were pickeduup. • Remaklus.stated that as soon as the Impact Area is edopted the Planning and Zoning Commission would have to be reorganizes to that the area could be represented on the Planning and.Zoning Commission based on a population base.' fiMcDougal stated that he had checked into the docks at Davis Beach.which are marked private property. • There appeared to be a private dock on a public beach and some questions have arisen to the use of.the.dock and the beach. Mrs. Dick'Scott who was present reviewed the history 'of the dock and the posting of private property signs.. Use at your own risk signs had been posted as a protection against:any injury on the dock. She. stated she would like to ldeep:the dock on the basis of a .private dock but to allow public use. Two other parties have purchased or have helped to pay for the dock located onthe public beach. Thh dock in question was purchased from the Idaho Waterways Department at a coat of.$15.0.00 per section. .McDougal stated he could assist in getting a new dock from the State and placed on the beach as a publit:dock.' The dock was original installed'for the owners in the Davis Beach area and had since become;a public dock. Marine tax docks were available for -public use as in other public -beach areas around the lake.. The;emfollowed 171 a discussion on the usage and maintainance of the beach area and dock use. McDougal stated he would check with Bill Petzak with the State Land Department on the replacement of the dock. Lutes stated that Don Broughton had been hired as a new Police Officer for the City of McCall and his background and qualifications were reviewed. He stated there was a dog log in the Police Department for any ones information. It was reported that the County would pave. South Davis and the connectors into Rio Vista Subdivision on Third Street and Lardo_. McDougal reviewed the.portable restrooms on the Baseball diamonds whose uae.will be completed in a week or two and stated the Chamber of Commerce wanted to hose them over Iabor Day and also over the Winter Carnival. The,cost of $70.00 per month plus maintainance was reviewed versus the cost of buying then for about $900.00 or a three year rental for the.two restrooms. He reported there had -been no problems with vandalism and Hugh Cooke who was present stated they were well supervised and they should now be moved. The cost plus. the service on a retail basis is about.$150.00 per mouth for both facilities. Fo4owin&Aiscussion McDougal moved to.purchase'.the two portable toilets for $450.00 each from the Parks Department which motion was seconded by Lutes and upon vote declared carried unanimously. The Chamber of Commerce has asked for a Barbeque at the Baseball field and would like a toilet at the park for that time. The request for work on the Baseball diamond and more topsoil for dirt and tress was projected .for next.spring. The question • was if a City employee could.do the workkor if it shold be hired .done.' Hugh Cooke stated that he would be available to assist on any sprinkler installation. Hardy reported an a meetinggitththe Federal Aviation.Agency and the State of Idaho on July 20, 1977, with Mr. Austin and Mr. Croft:Zvith the FAA and Worthy Rouser with the State of Idaho Department of Aeronautics. The question on maintaining the dirt runway was discussed at length and 12 other members of the Airport Committee and Pirlbts Committee went present. The opinion was for the`closure.of the runway and the necessary work for the closure has been Started and the runways have been marked. Both Federal and State Agencies would life to see improvement in the lighting and they stated a 907. Federal Grant and.a 57. State Grant fbr funds for the airport master plan could be made available. The estimated cost was approximately $20,000.00 and the net cost to. the City would be approximately $1,000.00. The State would assist with the lighting after the Master Plan was completed. A meeting was to be held with the Engineers as - soon as convenient. The matter of keeping the airport open year round was discussed and. the snow conditions and past closures were reviewed and they would like a greater effort on the part Of the City to keep it open longer. The Master Plan was necessary 'for any future Federal or State Grants. The Airport Committee .was now keeping minutes'of their meetings which were read. Remaklus reviewed the lease with Bill Dorris which had been submitted to the FAA and approval had been received. The RAW& weather station paperwork had been completed, 8-45:9S OcoNERs or Dock AT 0405 EF.Ack4 — A1c.-34 • 104././0 ;I. Riclm-R0 4__14/ Scarr (../.4A/4 4 2 ef_9. Ple/y.17 e _Ook/oz/, CAj967/.. 674 _03/ goK 3 6-7 frl 61//, _TO 5736. 38 (z6e) 63 -11--9-70? - - - - - ifeig/4/.5'0,11 a-SIX/0) - 4,4Yr cir: Rier/A4D_JCe7777. - - - - /fie/./xwo - cAg? Navai-f. 630 / 3 3 M digs irA 170,4,4 a 83762 (24)6) 3Y2 7 Z 7/_.? Jri /4-24.17a-R zew "?0 • lk)( 45-5_5" - Alfr's54, CV6-e,-;il_ 579/3 d 3) 37 2 - 5-‘ g6. g s , 6-4 372 - 3 37 / &ir4 y Hoteijw (Zez4) 836 0 kV44 avow-4e OP, • go/56-_, .Th 837/r (ce) 37c- ‘085- SvE 7.W;gk-R-r 2.3 2. Somi-le_caz-K? Q /174-mmi To S3686 0_08) 67 - /I / 27 °g) `i 66-ear .ACD 0436446 100 / At 17 Et SO/ 56" g 3702 (2-a 8) 3 171 .5— — 1 05 The honorable Dr. Clyde Archer. Mayor Attention: City Council McCall, Idaho 83638 September 21, 1984 i Dear Dr. Archer: I was unable to attend your last Council meeting. my daughter, Barbara Loveless, attended to let it be known the situation we have tolerated on the Garnet Street dock... (Karl Swansons's private dock on public propety). The intent of my letter is to reiterate the total lack of consideration which Mr. Swanson has shown in regards to the use of the dock. His uncontrolled temper and abusive langauage has caused all of us unnecessary ,grief . It is my hope that this i.s:ue, being that it concerns many people in similar situations on this lake, would be handled so it would benefit all parties and not 'just one overly possessive individual. Thank you for your time and consideration in this matter. Sincerely Jessie U.-Anderson Property Cwner September 24, 1984 Dr. Clyde Archer The Mayor McCall, Idaho 83638 ATTENTION: CITY WUNCIZ Dear Dr. Archer; I am writing this letter in regards to the current dock situation on Garnet Street. I have lived with my mother, Jessie Anderson, for the past two years, which is across the road from Karl Swanson. During this time, I've watched him upset various neighbors over his dock. Mr. Swanson gave me permission to use his dock my first summer and again last summer. I never really used it, feeling it wasn't right. The few times I indirectly used it (telling my father --in-law he could pick me up by boat at the dock) Mr. Swanson `caught him before he made it to the house and chewed him out in his usual manner. Another time this -summer, 1 spent time down by the dock with my sister-in-law. I left to go.up to the house and meanwhile Mr. Swanson went directly down to the dock and proceeded to call them free .loaders, etc.... He is totally irrational in his behavior. During the past two years, I have watched Mr. Swanson become more and more obsessed with "his dock". I feel very uncomfortable with the whole situation and shutter to think of one.of the kids or any innocent by stander falling into a very real and ugly situation. I could certainly go on with more "per. Swanson" stories, but I feel this is enough to state my concern for this matter. /Sincerely l/ L` Diary a rche r r r a r r - r r r October 9, 1984 Mayor and City Council City Hall McCall, ID 83638 Dear Mr. Mayor and Councilmen: 901 Silvan Street Boise, ID 83706 I own property which accesses Garnet Street through a private easement approximately eighty (80) feet ashore of Payette Lake. I understand that a public hearing is scheduled for the City Council on Monday, November 5, 1984, to consider the City's recommended action on the dock in Payette Lake as located immediately adjacent to the Garnet Street right of way. I bought this property approximately three years ago, and finances permitting, intend to build a cabin on the property. During those three years, I have in any event, made many contacts and friendships with the other property owners to use and enjoy the dock. I would hope that whatever action the City does take would not deny myself or my family of the continued right to use the dock in future years. I understand that one of the alternatives for the dock would be to make it a "public" dock. Although I recognize that it does abut a public right of way, I understand that the dock, in fact, was not built with public money, nor has it been maintained at the public's expense. Further, Garnet Street is a narrow, unimproved right of way that dead -ends a short distance from the lake, such that there is very little room for automobiles to park or turn around without disturbing or encroaching upon the homes and lawns of the property owners abutting Garnet Street. In my conversations with my other neighbors, I understand that they also intend to either appear or write in support of any action that the City might take that would insure the dock's continued use by the residents in the immediate vicinity of Garnet Street. My purpose in writing is to join in support of their position. I also understand that many of my neighbors are willing to contribute toward the future cost of maintaining the dock, and I would like to be included among those who would gladly contribute toward the cost of such maintenance, thus relieving the public's expense for such a task. Thank you for your consideration of my position on this subject. Yo rs very truly- Glen Wegner, M.D. v October 9, 1984 Mayor and City Counc1 City Mall McCall, ID 83638 Dear. Mr. Mayor and Councilmen: We, the undersigned, all have propert either_ abutting Garnet Street or immediately adjacent to G. rnet Street located. between McCall Avenue and Pay atte Lake. W , write on the subject of the City's proposed action on the dock located immediately adjacent to the Garnet Street Payette Lake.. We understand the matter is hearing on Monday, November 5, 1984. Unfo of us will be able to attend that hearing, that this letter be considered as our test the C'ity's actions concerning the dock in 1. Over the past several years,, the located at: the end oa: the right of way of been used by the "community" ty" of people who around Garnet Street.. 2. We believe ca use consistent with be continued and approved by the Cite. In recognize that although technically the do public right of way, and as such, warrants access to all membes:s of the public, the r last sixty (60) feet befc_-e ending at Paye more than a :hoot path, and Garnet Street e by way of a graveled road from McCall Aven before it ends at the foot path. We appre dock invites or guarantees public access, flow would disrupt the pri-vate neighborhoo enjoyed in the past. Furthermore, Fourth fifty -foot right of way and there are no a such that increased traffic would only inv public Lurking on private property or turn property, since the :_ ight of way does not room for parking or vehicular turnaround i fight of way in cheduled for public: tunately, n:>t all and we would ask mony in support of he following respet:s: ock on Payette Lake, ,arnet Street, has reside on and -he past use should saying this, we "k is located on a. in moat ci_::cumstances, ght of way :.or the to Lake: is nothing sent.ial.ly meanders e toward the lake: lend that if the he created traffic we''have always : treet only na s a .joining streets, i to members of the ng around on private ermi.t sufficient self. 3. Each of us would be willing to pa ticipate in the cost of maintaining the dock, which we hop would mitigate against any possible decision by the City in replacing the dock and making it a "public_" dock per se. We would be willing to enter into any formal agreement on the ub j ect of maintaining the dock if the City would so dictate, but we trust that this letter will suffice :,`.'or the time being as cur promise to do SO. I' Finally, we wish to formally apprise iou that our enjoyment and use of the dock has been disrupted in *ecent years by one Carl Swanson, who also owns property abuttfng Garnet Street, and who has taken the position that because of: his contribution in past years in maintaining the dock,. tha : it: is his private property„ The result of tnis position, whi#1 we submit is totally without %oundatien, has been Mr. S ;anson running ourselves, our: family members and friends ff the dock for the past few summers. Although Mr. Swanson's utrageous behavior in this respect has been accommodated, and confrontation avoided by ourselves, our family members aid our friends y retreating, eating, we apprehend that Mr. S �;a.n.son' s position in this respect presents a. volatile situation Accordingly, we would ask the City to take whatever steps Acre necessary to prevent Mr. Swanson ! rom imposing his will and physical presence over the dock, and would further speci.f ica .ly request that the McCall City Police Department be notified nd apprised of this situation in the event future confrontatio s occur_. Thank you for your consideration of Casey .Jones I /r C\_ .3-E.:Ss:le Anderson Mrs. J. B. Holden Yours very t request. uly► Judy Sower Steve Loveless Ron Van AuRei. Michael Jone EUGENE HAKANvON LICENSED PSYCHOLO(3/S I To Whom It May Concern DECEIVED MAY 1965 This is regarding a condemnation proceedi located on Payette Lake a.t the end of Garn the village of Mcgaa.11 , _ J:daho . .I had an e the alleged owner of the dock, Carl Swans summer -of 198G . Another person and mysel pail 20, 1985 g for a dock. At Street in counter with n, in the early were staying at: the cabin of Michael Jones. The Jones f aTi ly was not in McCall at the time. However, we were awaire that the dock was located at the end o.e a. public :street i (Garnett) and assumed public access. to the dockvas perm to the .dock to sun and wore subjected to from a man (later identified as Carl Swan our trespassing on his .vivate property. included profanity and verbal threats of if we did not leave, the .dock immediately. dock and sat .on the beach which was locat of Garnett Street. Mr. iwanson returned and furious state demand-Lng that we leave t.ted. We went verbal tirade on) regarding The tirade hys:i.cal assualt We left the d on the extension n a highly agitated his private property. We left the apea and informed the Tones family of the incident. If you have any questions, please contact Sincerely ,�,..f; � �.e-���` `", Eugene`' Hakanso 1i450 S W Lynve' Drive Portland,, Oregon, 97225 me. :yr notrat :GE IDAHO Phone 208/722-5817 208/584.3337 208/462-3777 NEVADA November 15, 1994 FORM BOISE 1840 - 7171is .... . . • NEW MEXICO OREC;ON montoor Idaho 83646 TO VEIOM IT MAY. OONCEffi.i I have been contacted by fccmer neighbors in refe.:.en..:e to another former naLghbor, U;LIJA ANSON, who was a Aei•?;hbor of mine in the early 1960'i, On one occasion, I wau forcd to fly to he my wi_fe, who was pregnant at the time, 61.e to this person4s attit,Ade, I v.Igfintually sold my properLy next to this 1.411-son entirely due to his attitude, in reiptrds to use of the boat dock. Sincqely ••••-• D. K. WEILMONSTER WYONIING Star Route 3 INVESTING LIVESTOCK MINING WOOD PRODUCTS.; 1 Mrs. Rosamond Downie 1080 S.W. 2nd Ontario, Oregon-97914 Aygust 7, 1981 To 'Ann It.1";ay Concern; I lives in Ontario, Ore on, and every sun,ler for or more summc..rs I have taknn Hy two .:Irandsons tf Pr,-,; feu weeks 1/11c1tAon. Several. .mmors n,-;.o lin wore sti lake ondom'nium. Ily G:i.andsol.F nintod to fish and k a dock dow-rl below the Casey Jones cottar.e. ri's Jon( Triond of N no and I thought nn-nnn could object if onto the dock to look at the 'Ink°. I vas walkil,' N- little feke or. n r,,Ith nearby uhon T saw a tall nnsky Han, brandishin a hammer in one hand, stomping angrily toward the boys, His attituCe was so monncing I hastily started toward the 1-oys, but before I reached Liem he hai told them in crude and rough languae that thel, were not allcond on that dock. Hn told them he was sick and tired of a 1 the daomod ral- ifornia people intruJine: on hi: private proparty. F y :3r?-idsom ver! at that time rade school age and worn very crushed and frightened, The cldest boy v6ry reably tried to defend them by ..dying, "1...y Grand- mother knows ,rs. Jones". The Han told them in ugl language that. ho didn't care who their GrandmotLn1 know, that ,Irs. J(nes Hid not own that dock and they had batter in:Jce their God darmed fishiog poles and get the 'loll out of there. I had finally arrival on the scone and told him Grandsons and they had done and were doing no harm. vitriolic ton0.7e on me. Tn my pan to I had, unfortun little dogs 1-,asn in . crack io (he dock. I -oas so the chain looso anl all the tivni• ho was shoutintf and ing me to take my God :jammed do and boys and Isrram lhn past ten ettn fak,=.s for a yinq: at the Timber - now [lore vas s is a very dear they Ra.fted out the .Doys worn my Ho then turned his ate17, caught my nervous I couldn't get swemilliAg and toll- • le E finally did get m7 dog 'free and as the boys ald were beating a hasty rotrnat we could still hear him shouting and cal.L1m; us dammed Californians, uhich I vas not. Ho was us th t ho had span-. a fortune on that dock an0 We danted California people WW:e ruining tt. At that time did not Vnov the name of this rude anal uncouth Nan, who felt that the oot-fall.of ti.o httle boys was foing to irroparabl;, damage his dock. r have since learned his name is rl Swanson. fly Grandsons vrero so erushud and humiliated they wanted to inss,ve McCall that dy, so T eaVied Sh )re lodge and asked if they had room 'nr us. They did, and we moved thore that afternoon, wh re wo warn troated with kindnes and courtnv, and where my Grandsons c nght their first fish off the dock ritOit in froJk. or the Lodge. October 9, 1984 Mayor and City Council City Hall McCall, ID 83638 Dear Mr. Mayor and Councilmen: 901. Silvan Street Boise, ID 83706 �I,/rNh AIr3j/ r1 3 f 9.74 I own property which accesses Garnet Street through a private easement approximately eighty (80) feet ashore of Payette Lake. I understand that a public hearing is scheduled for the City Council on Monday, November 5, 1984, to consider llhe City's recommended action on the dock in Payette Lake .as located immediately adjacent to the Carnet Street right of way. I bought this property approximately three years ago, and finances permitting, intend to build a cabin on the property. During those three years, I have' in any event., made many contacts and friendships with the other property owners to use and enjoy the clock. ,I would hope that whatever action the Ci:y does take would not deny myself or my family of the continued right: to use the dock. in future years, I understand that one: of the alternatives for the dock would be to make it a "public" dock. Although I recognize that it does abut a public right cof way, I understand that the:: dock, in fact, was not built with public money, nor. has it been maintained at the pub.ic's expense. Further, Garnet Street is a narrow, unimproved right of way that dead —ends a shorts distance from the lake, such that there is very little room for automobiles to park or turn around without disturbing or encroaching upon the homes and laws of the property owners abutting Garnet Street. In my conversations with my other neighbors, T. understand that i_hey also intend to either appear or write in support of any action that the City might take that would insure they dock's continued use by the residents in ._he immediate vicinity of Garnet Street. My purpose in writing is to join in support: of their position. I also understand that marry of my neighbors are walling to contribute toward the future cost of ma.intaiaing the dock, and I would like to be included among those who would gladly contribute toward the cost of such Maintenance, thus relieving the p.rbli.c's expense for such a task. Thank you for your consideration of my position qn this subject. Yo . r q very truly ; Glen Wegner M.D. / October 9, 1984 Mayor and City Council City Hall McCall, ID 83638 Dear Mr. Mayor andCouncilmen: We, the undersigned, all have property Garnet Street or immediately adjacent to Gi between McCall Avenue and Payette Lake. subject of the City' s proposed action on th either abutting net Street located write on the dock located immediately adjacent to the Garnet Street. tigia. of way in Payette Lake. We understanti the matter is .i3heduLed for public hearing on Monday, November 5, 1984. Unfostunately, not all of us will be able to attend that hearing, and we would ask that this letter be considered as our test .mony in support of the City'actions concerning the dock in -Lire following respcts: 1. Over the past sevral years, the located at the end of the right of way of been used by the "community" of people who around Garnet Street, ck on Payette Lake rnet Street has lieside on and 2. We believe a use consistent with the past use should be continued and approved by the City. In aying this, we recognize that although technically the do I is located on a 1 public right of way, and as such, warrants, in most circumstances, access to all members of the public, the riOlt of way for the last sixty (60) feet before ending at Paye-'e Lake is nothing more than a foot path, and Garnet Street e ientially meanders by way of a graveled road from McCall Aveni toward the lake before it ends at the. foot path. We apprel(nd that if the dock invites or guarantees public access, :he created traffic flow would disrupt the private neighborhoo we have always enjoyed in the past. Furthermore, Fourth Street only has a fifty-foot.right of way and there are no aijoining streets, such that increased traffic would only inv'tie members of the public parking on private property or turn g around on private property, since the right of way does not mit sufficient room for parking or vehicular turnaround i self. 1 3. Each of us would be willing to paidticipate in the cost of maintaining the dock, which we hop would mitigate against any possible decision by the City .n replacing the dock and making it a' "public" dock per se. We would be willing to enter into any formal agreement on the .ubject of maintaining the dock if the City wou]d. so dictate, but we trust that this letter will suffice for the time being as ur promise to do so. Finally, we wish to .jormally apprise and use of the dock has boeh disrupted in Carl Swanson., who also owns property abutt. and who has taken Lhe position that because in past years in mantaning the dock, tha property. The resulL of tl.ls position, whi totally withcut fouLdation, has been Mr. S ourselves, cur famiy memLers and friends past few summers. Althcugh Mr. Swanson's in this respect has been :ccommodated, and avoided by ourselves, cur family members a simply retreating, we apnrehend that Mr. S this respect presents vLlatile situation would ask the City to tak- whatever steps prevent Mr. Swanson from imposing his will over the dock, and would further specifica McCall City Police Departaent be notified situation in the event future confrontatio -01A that our enjoyment ecent years by one nq Garnet Street, of his conuribution it is his private h we submit is arson running ff the dock for the utrageous behavior confrontation 1 our friends anson's position in Accordingiry, we 170 necessary to and physical presence ly request that the Ind apprLsed of thi.. I,- occur. Thank you for your ccnsideration of o ir request. Yours very Ju SowAk. Casey Jones ..jespie Ancic!rson Steve Lovele Mrs. J. B. Holden Ron Van AiTe Myrna.E. Sower Michael Jone `i. ft,Aat, !.....444404/041$ L,, !,14,,7t-!::1 • ' OT.iji '&514' 141h • '.rr -P1,411.1'01,11 . ijatiLli " October 9, 1984 Mayor and City Coury;i1 City nail McCall, :=.17) 83638 pea Mr. Mayor and Counciime):: r Ua, the undersigned, all have propert. either abuLtiug GaYnet Street or immedf.ately adjacent to Clirne-c Street. locatec bi,tween McCall Avenue and Payette Lake. wriae on the' subject of the City' s :Groposod action on the dock located irilediately adjacent -b.:, the Garnet Street tight of way in Pdyet'ce hake. We understand the matter is 3ionedulcd pubi'c hearing on Monday, No':emter 5, 1984. Unl,w1:unate, not all of us ahle to at(:nd that hearing, dna we would that this lefter be consired as our testlmoh,, IE siu)port cf the City's actions ..:onccrhiug the dc.ck in :he rest:ct: 1. Over the past -:,rral years, the located at the end Df of wuv of been used by the "c::)mmunit\i" of people who arGunC Carnet Street. lock on Payete haL.e ;arnet ..'.itreet has reside on ana 2. he be a consitent with pa;rt use should continue:and ,i1)2re by the City. In ri-,aylna this, we recognize CAut t.::chnically the dok is 1L::acea on it public r_jht of way, and such, warrants in most circumstances access to ail kiembers of tie: public, the. right way :for tte (0) feet bcf.: ending at PayettJ) TohE is ncthing more tfian a fGot put.11, anA. Carnet Street meani1or by way o:f c1 graveled roa,l frolo McCall Avenno towrd th.: lake before it cads at tne foct path. We appreien0 that if the do(:,._ inv_teR or cjuarant public access, ithe created :.:raVfie flow wou:_d (iTi_srupt the in.vao neighborhoq we na%o alwas (:.jopLId _n the past. 'Uurthei:ciore, Fourth Street only ::.as a • fifty -foot right of wa'y a ',Of the are no a0olninc, stroets, such tha.. increased traffic would only inv'te members ..)-f the public parking on privato property or turniing around oh ...private property. since thc right of way does not :)ermit :E.ufficdent room for pay:1-.111g of vehicilar turnaround 4 0,4 . .44',111,41,4 3. Fach of us woulJ be williny to pa cot of ,aintaining the dock, which we hop aginst any possible decion by the City (lout and making :D.: "public" dock per se. co enter into any acfreement on the the dock if the City would so dictate, but letter will LiffiLL for (ne time being as our promise to do Oil • rticipate in the . e would mitigate in zoplaeing the would be willing 17;u1_,ject of maintdining :we trut that this Finally, ,.,,,e wish. to :)-rmally apprise "you That our enjoyent and use cc.: tilt-. dock has leen disrupted in '.-ecent years by ore: C‘id :ik,'Id111,, Wii, j1SC, c.a.: propert abu':Cia,1 1,7,1-nct -'.i:.-ci:, i',1?:)0 vih.o itE. h-1:}:oil the pc::;:} tiers 'chat becau;.:. of hi/3 cont.:ihu:ion in past vears in maintaining the dock, thjt it is his ITliva,:e prLperty. Thu result oJ:_ This position, whij:ih we submit is 1 to'.ally without .2:oLndation, has been Mx. fi.,:inon -:-unninq oticiven, ow: family melibers and friends off the dock for -the pat i:ew -;-ernmcrs. AltLedgn Mr. Swanson's hutxageous hehavior am10 in thpe:. is ,:ch h,,::: been ccomodatean i d, 7nfrontafton ivocled by ullf:;c1lves, our family members d our Eriends simply etreating, we ippz.ehend that Mr. Oadnsonl.Fi position in this respect proseats a volatile situa':ior i, Accordingly, we ,Jol.d ask Lne City to taLe whatever steps iare necessary to to Mr. Swanson from imposing his will! unu physical_ presence cv-r the doct, and would further speci_Zic:11 rt_gnest to at. the McCull Cii_tv Police 0,2parument be notified 'land .4..prsed c:4. tis situatich in the event f-ture confrontatiOn:-, occur. Thank ,.t3d for your donsideration of (w -:.:c.fust:.. Casey Jc.nes An(:.eLson M7s, Holden . Ayna E. Sowei Your very truPy dudy Steve Lovekt Michael Jont ,!/ I Nokifember 10, I 981 To Whom It May Concern: When wo owned the; prof erty McCall, I,.,aho allowed. pulAic use of the dock_ Sincerely, ( a)LEtta- Mrs_ Hathaway October 9, 1984 Mayor and City Council City Hal: McCall, :ID 83638 Dear Mr. Mayor and Councilmen: We, the undersigned, ail have propert Garnet Street or immediately adjacent to G between McCall Avenue and Payette Lake. Vr subject of the City's proposed actien on the dock located immediately adjacent to the Garnet Street . Payette Lake. We understand the matter is hearing on Monday, Novemher 5, 1984. Unfo of us wiLl be able to attend that hearing, that this letter be considered as our test the City's actions concerning the dock in I. Over the past several years, the located at the end of the right of way of been used by the "community" of people who around Garnet Street. 2. Vie believe a use consistent with be continued and approved by the City. In recognize that. although technically the do public rAhL of way, and as such, warrants access to! all members of the public, the r last sixey (60) feet. befece ending at Paye more than a foot path, and Garnet Street e by way a graveled road from McCall Aven before ie ends at the foot path. We appre dock invites or guarantee public access, flow would disrupt the private neighborhoo enjoyed :ion the past. Furthermore, Fourth fifty-foou right of way and there are no a such thae increased traffic would only inv public parking on private ploperty or turn property, since the right of way does not room for patking or vehicular turnaround i , either abutting umet Street located write on the 'ight of way in c.:1-ieduled for public tunately, not all and we would ask _mony in support cf -he following resi:cts: ock on Payette Lake 3arnet Street has reside on and .he past use should saying this, we -k is located on a in most circumstances, .glut of way :for tte te Lake is nethirg -sentieelly meanders le toward the lake lend that if the .he created eraffic A we have always Street only has a strets, Yee members of the .ng around on private )ermit sufficient 3 . Each of his would be willing to participate in the cost of maintaining the clock, which we hop(: would mitigate: against: any possible decision by the City ..n replacing the dock and making it a "public" dock per se. We would be willing to enter into any formal agreement on the 1.1bj ect of maintaining the dock if the City wou id so dictate, but we trust th,::t this letter will suffice for the time being as •�u:r promise to do so. i 11: al.l.v, we wish to formally apprise Ou that our enjoyment and use of the dock has 1:::c.n disrupted in - ecent. years by one Carl. Swanson, who also owns proi:.erty abutt..ng Gi.,rnet Street, and who has Laken the:: position that becaus of his cont:ributi.on in past 'i'e=1rs in mai.nta_Ln ing the Clock, tha it is his private property. The result ot t Ais position, •whwn W2 subMit is totally x4i thout foundation, has been Mr. S iansen running ourselves, our family membu7s an:l fr_i Inds c ff the dock for the past:, few summers. .Although. Mr. Swanson's c utra quous behavior in this -7-c ,mect has been accommodated, ands c onfront-ation avoided by cor,lei es , our family members and. our friends simply retre :.';tine' a we apprehend that Mr. Swa:: son s position in this respect )•?.Gwen s a situ ation1 A cording l,y, we would ask tali,: City ;.o t: ak '. whateve-r steps r ' IIee ssary to prevent Mr. Swanson :l':o'il Lmpos_ing his wi_1_i_; a:.:c: physical p.r.es,:nce over the i!c>c:k:, and wwind ' urther specif_i.ca..ly request that the McCall City Police Depart lent. be ncitii:iA nd apprised of this situation in the c'v. n.t t=1.i!..ure confrontatio is occur. Than you for your c:Jn siderat.i_on of °fir request. Yours very Lz -ul.y; Casey Jones :fp.;; i.e -Anderson Judy Sower Steve Lovelc_E i Mrs•. J. l3, lic�1_dr�I1__..____,_---- Ron Van Ku:Fe Myrna.-Z. :SOWer Plici�ar-_?l. Jong MEMORANDUM 1910 NW BLVD, STE 201, COEUR-TrAL-um, lu 93914-2615 STANLEY F. HAMILTON - DIRECTOR DATE: December 21, 1993 Idaho Department of Fish and Game, McCall & Boise Tdaho Department of Health and Welfare-DEQ, Bore Tdaho Department of Water Resources, Boise Idaho Department of Parks & Recreation, McCall Unites States Army Corps of Engineers, Boise (G. Martinez) Valley Country Planning & Zoning Valley County Commissioners, Cascade City of Mc:Call.- Daren Newman Bill Mulvania W. R. Pitman, PE, Administrat fdaho Lake Protection Act: SUBJECT: NOTTCE OF APPLIC"ATION - - GARNET BEACH BOA EIICIused is ,:cn application and plats requesting permission to install community clock on Payette: Lake. Please submit your recommendations to me by January 27, 1994, regarding the likely effect of the proposed encroachment: upon adjacent property, lake, and streambed value factors of navigation, fish and wildlife habi 1 Ott , aquatic life, recreation, aesthetic beauty, or water quality. If you have concerns ur are opposed to the project as proposed, please list your specific reasons for concern or opposition and any facts or documentation to support your positron. You should recommend alternate plans if they are economically feasible to accomplish the purpose of the. proposed encroachment. You should also, recommend any mitigation measures or special•restrictions/provisions you would Like Included as part: of the permit if one is issued. Tf you do not submit a comment, T will assume you have no objections to the, application. Tf you have questions concerning the application, T suggest you contact. the applicant. Tf the: applicant cannot alc;t:i•r your .questions, please ,:outacl me 'at 208/769--1535. me enclosures c : Surface Leasing Specialist, Boise Area Sclp,.ry i sor, Payette Lake KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor PETE T. CENARRUSA Secretary of State LARRY ECHOHAWK Attorney General J.D. WILLIAMS State Auditor JERRY L. EVANS Sup't of Public Instruction 1 JOINT APPLICATION FOR PERMIT U.S. ARMY CORPS OF ENGINEERS AND STATE OF IDAHO, DEPARTMENT OF WATER RESOURCES STATE OF IDAHO, DEPARTMENT OF LANDS SEPARATE PERMIT DECISIONS MUST BE RECEIVED FROM BOTH THE STATE OF IDAHO AND THE CORPS OF ENGINEERS PRIOR TO START_OF WORK The Department of the Army permit program is authorized by Section•10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the discharge of dredged or fill material into waters of the United States, including their adjacent wetlands, State permits are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code) and the Idaho lake Protec- tion Act, Section 58-142 et. seq, Idaho Code. This application will meet the requirements of the above agencies. 1. Corps of Engineers 0 Date Received 2. State of Idaho 0 L-�,S~,� -- 5 Date Received J Lc_.- G� / PLEASE TYPE OR PRINT 3. Applicant Garnet Beach Homeowners Association 4. Authorized Agent Darrell C. Larsen Mailing Address 201 W. Jefferson Mailing Address 201 W. Jeffercnr1 Boise, Idaho 83702 Area Work Phone (208 343-2680 Home Mt 343-2680 Fax Number (208) 375-8588 5. Location where proposed activity exists or will occur. Waterway Payette I.,ake McCall In or near city or town Valley ..County Idaho State 6. Describe the proposed activity, including float -supported platforms. if additional r� or pile or - Construct a Dock using Conventional Procedures attached to Payette I.,ake Beach front on 4 the Garnet Road Right of Way. The Dock will consist of. a 36 foots 'id e approach an0 four twenty foot long by six foot wide sections making up the dock. The dock will be 100 ft. long. Describe construction methods and equipment: See attached Dock Plan - Flotation Styrofoam. List all soil series located at project site, and indicate.if any are on the county's hydric soils list: Length of project along the stream or extension into lake or reservoir: Will material be placed waterward of ordinary high water mark? 83638 Zip Code Boise, Idaho 83702 Work Phone tr 343-2680 Home et5§j 343-2680 Date of Application Tributary of: Assessor's Desc. (Tax No. or Subdivi ion, Lot 8 Block No.) *Davis Subdivision -West End *(See instructions) Garnet Street .SE4SE4 S4 T18N R3E 1/4 1/4 Section Township Range UTM Coordinate Grid or description of the type of structures, if any, to be erected on fills, space is needed, use a separate sheet or Section 16 (Remarks) / on If yes, volume: (cubic (both temporary and permanent) Will material be placed in wetlands? If yes, area: (acres) Type and composition of fill material: (i.e. sand, etc.) Material Source: yards) Will excavation be required? If yes, volume: (cubic yards) Composition Disposal site for excavated material: Method of dredging: Stream gradient: Method of controlling turbidity: 7. Size and flow capacity of proposed bridge or culvert (Idaho Department of Water Resources requirement.) and area of drainage served (sq. miles): NPW 104 o. Preparation of drawings. One set of origtnat or good quality reproducible drawings must De attacned to tnis appttcatton. NOTE: DRAWINGS NO LARGER THAN 8-1/2 X 11 INCHES IN SIZE. See the instruction pamphlet for instructions and a checklist for ' completing the drawings. Include photographs of the project site mounted on 8-1/2 x 11 sheets. •9. Purpose and intended use: Commercial Public X Private Other Describe Garnet Beach with attached Dock for Boating, Water Sports and Sunbathing Necessity and justification for project Beach improvement in neighborhood setting. to. Proposed Starting Date October 1993 Estimated Duration May 1994 11. If any portion of the activity is complete, indicate month and year of completion Indicate the existing work on the drawings. 12. Names, addresses, and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins the waterway. Daren Newman 500 Garnet Street McCall, Idaho Bill Mulvaney c et, E .Check here-if=the elteration is located on endowment lands administered by the Tdaiio'Departmiint"off Lends 13. LEGAL OWNER IF OTHER THAN APPLICANT City of MCCall Attn: City Clerk cc City Attorney MAILING ADDRESS P. O. BOX 1065 CITY, STATE, ZIP CODE McCall, Idaho 83638 AREA • AREA PHONE WORK(_) HOME( ) 14. List other applications, approvals, or certifications from other Federal, interstate, state, or local agencies for any structures, constructions, discharges, deposits, or other activates described in the application. Issuing Agency Type of Approval Identification No. Date of Application Date of Approval City of McCall Use Contract Dock Site Agreement, Garnet R/W July 22, 1999 15. Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein? Yes No (If °Yes° explain) . 16. Remarks or additionaL information: 17. Application is hereby made fora permit or permits to authorize the activities described herein. 1 certify that I am iemiliar with the information contained in this application, and that to the best of my knowledge and belief, such information s true, complete, and accurate. I further certify that ) possess the authority to undertake the proposed activities. I hereby gruvt to the agencies to which this application is made, the right to cane upon the above -described location to inspect the proposed or completed work. :9 �� / - / (i r) 4,' 14� .7 �/- 2a) �' ("':/L1-A.t::I ' C�Y� baryrff �,'c,// ,::c✓f/.-.} ,,,j, Date / Signature of Applicant (REQUIRED) The application must be signed by the applicant. If an authorized agent is to be designated, Item 4 and the following information should be completed. I hereby designate to act as my agent in matters related to this permit application.. _I understand that if a Federal permit is issued, 1 must sign the permit. Date Signature of Authorized Agent (if applicable) Signature of Applicant (if applicable) 18 U.S.C. Section 1001 provides that:. Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain - any false, fictitious, or fraudulent statement or entry, shall be fined not more than S10,000 or imprisoned not more than 5 years or both. Do not sent a Federal permit processing fee with this application. The appropriate fee will be assessed when a permit is issued. DO NOT SEND FEDERAL PROCESSING FEE WITH APPLICATION ,!r.0 F, zn, tnim Fnrin ;?W.-R • )eLrneLt !kJ»? 174'01,e ad/ma /g.sloc.,yec,e. / 25 LS, 2,52 2s. /.6 �{� CtJa {e►— S✓ef:eee -� t 3 , '7 7- 7 (2 „ J 3(z, 3' 6G/che a /D O 20� 20 !� II19/C3 •cx t m ho &"j;' a l aKc f Q e„ fie ye Q C O tJ/Sv a vp./ a- 0; -Fy •I eca/I Kc ihZ 6 y Maio < 2o' 72) p )// a 4.) 6 f Po c& • 4d7 F- a b/?. /er a 1„//;e GJ s¢e >< 1 A �.- ,S. 5 OF a C. K. c, arnef Beech � b,,C 041r it ipG C ,ji� 4/ s fi 1 r 6 ' -A O 7� a wA�{r S'ur�-tree .9ary Ne4.)ir.2 Po C4 ./2 e Y/,7 P ,• I• -5-,K 3;4 L M td/✓hn�N ;fir^j'er-c' IDAHO DEPARTMENT OF LANDS ATTACHMENT FOR ENCROACHMENTS Required when applying for an Idaho Department of Lands'. Lake Encroachment Permit "Joint Applications" for encroachments must be submitted and signed by the riparian landowner or his lessee. The application must include the exact legal description of the upland property. A riparian owner is the person whose upland property extends to the ordinary high water mark of the waterway. The application must be accompanied by a vicinity map showing the precise location of the proposal, design drawings showing distances to adjacent property boundaries, names of adjacent landowners, exact encroachment dimensions, water depth and lakebed profile, all related to the ordinary high water marks. A sample of acceptable drawings is shown on page 14 of the pamphlet. Docks should be installed at right angles to the general shoreline, should not extend beyond a depth necessary for customary navigation, cannot exceed 700 square feet in size or 10 feet in width (excepting the overall width of a dock with a slip cutout), and may not be closer than 10 feet to adjacent boundaries as extended into the water perpendicularly from the general shoreline. If the proposal is closer than 10 feet from adjacent property lines, written consent of the adjacent riparian landowner must be obta'ned below: I, T 'a 671,1 Y t',1k)17110 0 , am the owner of riparian or littoral property adjacent to the property listed in this application. I am familiar with the scope and location of the proposed encroachment as evidenced by accompanying plans which I have initialed. I offer no objection to the l 9 encroach ent 1 /1 )/ <' ) JJJ sr) illiil /)(". I tVil 0 PI > Date 1 Name l 4/4/////r(L- Address'1 i foie,/ -fia T-f�I140 I� , am the owner of riparian or littoral property adjacent to the property listed in this application. I am familiar with the scope and location of the proposed encroachment as evidenced by accompanying plans which I have initialed. I offer no objection to the encroachment. Date Name C / Address 444 DOCK SITE AGREEMENT This Agreement is made by and between the City of McCall, an Idaho municipal corporation ("City"), and the Gamet Beach Homeowners' Association, Inc., an Idaho nonprofit corporation, of McCall, Idaho ("Association"), for and in consideration oi. the mutual promises herein contained. Background 1. City is the owner of the right of way of Garnet Street in fee simple dete nable, and holds it for the use of the traveling public. 2. Association is an incorporated association of homeowners who own property fronting on Garnet Street, McCall Avenue, or Ruby Street. Copies of its Certificate of Incorporation and of its Articles of Incorporation are attached as Exhibit B. 3. Garnet Street is a platted street the far west end of which is the high water line of Payette Lake. The westerly part of the street has not been constructed beyond the - point necessary to afford access to abutting properties. The right of way west of that point is a fairly steep area that is covered with native trees and shrubs! 4. Association desires to construct a boat dock and to attach it to land at the est end of Garnet Street, to build a pathway from the end of the developed str et to the dock, and generally to make landscape improvements upland from the dock within the right of way. 5. City views the dock as an extension of the transportation use of the right of way, and this Agreement has been favorably recommended to the City Council by City's Park and Recreation Committee. Agreements 6. Association is authorized by this Agreement to attach a dock to the west end of the Garnet Street right of way. The placement of and plans for such dock ,are subject to approval by the State of Idaho Department of Lands, and Association shall obtain that approval before commencing any construction of such a dock. Such dock shall comply with the Shorelines and Rivers Environs zoning restrictions, MCC 3-13-4 (A) 2, and draft Ordinance 615, section 3-15-040 (B) 4, an excerpt of which is set out on page 4 of this lease as Exhibit A. 7. Association shall pay City the sum of $1,120 on or before the first day of June of each year, commencing June 1, 1994, as consideration for the right granted by paragraph 6. above. With such payment Association shall furnish City a list of its then current membership, indicating the mailing address of each and the location of the McCall residence owned and occupied by each, and the certificates of insurance indicated below. Such rent shall be increased in the fifth year a d every succeeding 5 years by a percentage equal to the percentage increase in the wholesale price index computed by the Bureau of Labor Statistics with re pect to Boise, Idaho. 8. City neither authorizes nor prohibits the construction of a pathway and 1 dscape improvements within the right of way of Garnet Street. Any such improvements are made at the risk of the Association, as against any public transportation needs._ 9. Association shall maintain any such dock, pathway, and other improvements in a condition safe for public use, and otherwise in good maintenance and repair. Association shall provide insurance against personal injury and property damage DOCK SITE AGREEMENT, Garnet St. r/w page 1 e occurring on or near such dock, pathway, and improvements, in the amount of $300,000, and shall cause the City to be an additional named insured. Certificates of such insurance shall be filed with 'the City Clerk annually with the payment under paragraph 7 above. 10. Association shall not deny the public access to such dock, but may and shall limit moorage to members of the Association. Association shall not operate a marina or other commercial activity; thus Association shall not conduct any activity for profit. 11. Association shall not admit to membership any person who is not the owner and occupant of a residence within that portion of Davis Beach Tracts or Sunset View Subdivision abutting Garnet Street, or McCall Avenue north of Opal Street, or Ruby Street; nor shall Association deny membership to any person who is such an owner and who offers to participate on a basis equal to that afforded by the Association to others similarly situated: Shbianhe"number of persons desiring to be members and owning a boat which they desire to moor at the dock exceed the number of berths at the dock, Association may give preference to the earlier -in - time members. Should the number of persons who are members and owning a boat which they desire to moor at the dock be less than the number of berths at the dock, Association shall give preference to new members in order of the proximity of their property to the dock. 12. The initial term of this Agreement shall be ten years from the date of this Agreement; and it shall be renewed for succeeding terms of five years each unless City or Association elects not to renew by giving notice within the 180 days next preceding the renewal date. This Agreement may be terminated by the City in the event of a breach by Association or in the event of the arising of an inconsistent public transportation need, by giving thirty days written notice. City shall not terminate this Agreement by reason of a non -monetary breach of this Agreement if Association in response to such notice and within such 30 days both gives notice to City that it intends to, and in fact does, commence and diligently pursue a cure of such non -monetary breach to the point of actual cure. 13. Association shall have sixty days after termination by the City to remove the dock and any other structure extending abovb the surface of the ground; such period of time shall be computed excluding times when the ground is covered by snow. Any such dock or other structure left within the Garnet Street right-of-way or its extension over the water after the expiration of such sixty days, shall at the option of the City become the property of the City. Any such left structure which in the opinion of the City is not of value; may be removed and disposed of by the City for the account of the most recent members of the Association who shallbe jointly and severally liable to the City for the cost of such removal and disposal. 14. If any legal action or proceeding related to this Agreement is begun by any party to this Agreement, the prevailing party shall be entitled to recover commercially reasonable attorneys fees, costs, and witness and expert witness fees, incurred in prosecuting or defending the same. The City shall be entitled to such fees, if the prevailing party, notwithstanding the fact that the City Attorney is salaried. 15. This Agreement is governed by the law of Idaho, and Valley County, Idaho is the proper venue. 16. Time is of the essence with respect to the obligations of the parties under this Agreement. DOCK SITE AGREEMENT, Garnet St. r/w page 2 17. Any rights and remedies stated in this Agreement are cumulative. 18. The neglect of any party to enforce its rights at any particular times or up n any particular occurrences shall not preclude resort to those rights at any othe time or with respect to any other occurrences. Any waiver of any right must be dgne in a writing executed by the party to be charged with such waiver, and executed with no fewer or different formalities and approvals than were attendant upon execution of this Agreement. 19. This Agreement shall bind and inure to the benefit of the parties and their respective successors. 20. This Agreement constitutes the entire Agreement between and among the arties as to the matter set out in it, and all prior negotiations and discussions, memoranda, corresponderice, and communications are merged into and extinguished by this Agreement, 21. Any notice permitted or required by this Agreement shall be effective whe received, if mailed by certified mail, return receipt requested, or by hand d to the address for notice below: City of McCall P. O. Box 1065 McCall, ID 83638 - Attn.: City Clerk cc: City Attorney Garnet Beach Homeowners Association, Inc. P. O. Bey 2 O ! IV f Boise, ID, 837 D z n _ elivery, erSv-� Notice to Association will also be effective if City posts notice upon the dock at a time on or after Memorial Day through and including Labor Day. Either pbarty may change its address for notice by written notice. Dated: July 22, 1993 Laurence A. Smith, Jr., Mayor Attest: Art ur J/ chrm • t, C ty Clerk Garnet Beach Homeowners' Association, Inc. by. Its President by: 4/(r., lCd.e-C U Its Secretary DOCK SITE AGREEMENT, Garnet St. r/w page 3 "Exhibit A" An excerpt from Ordinance 615 as drafted by Joint Planning and Zoning Commissions, 1993, for public hearing in fall of 1993, and incorporated in this lease as standards for use, of water end of street right-of-way. 4. Private docks and piers shall: (a) Require a building permit from the City in addition to the permits required by the State Department of Lands, or other authorities having jurisdiction. (b) Be used to provide access to boats. (c) . Be floating or held on pilings. (d) Be built with chemically inert materials; and foam materials shall be fully enclosed. (e) Not be constructed in whole or part by or in association with excavation or dredging, unless a conditional use permit has first been issued. DOCK SITE AGREEMENT, Gamet St. r/w page 4 DAVIS BEACH SOUTH DOCK OWNERS AND MAILING ADDRESSES 1. Mrs. Estrid Robinson 2. Mr. & Mrs. R.W. Scott 3. Est. & Mrs. Cary Newby 4. Mr. & Mrs. Jim Farmer 5. Mr. & Mrs. Kay Howard 6. Mr. & Mrs. Brad Brody 7. Mr. L'*; Mrs Bob Trabert 306 1 1 th St. 6249 Melville Dr. 6043 Winstead Pl. 209 S. rth St. 3625 Rampart St. 1411 Medinah Ct. Eagle Hills West • 3604 Vista Dr. DAVIS BEACH SOUTH DOCK LOCATION DAVIS BEACH Brookings., S.D. Oakland, Calif. Boise, Idaho Nyssa, Oregon Boise, Idaho 57006 94611 83704 97913 83704 Boise, Idaho 63702 Nampa, Idaho 63651 - SOUTH PROPERTY LINE BETWEEN DAVIS BEACH & TIMBER LAKE PUMPING STATION (.SOUTH) EACH DOCK SECTION IS 32 FEET 4 \PILING FROM THE 1940-50 DOCK P A`r'ETTE L AKE DAVIS BEACH SOUTH DOCK DL-1750B-74 Identification No. Area STATE OF IDAHO DEPARTMENT OF LANDS NOTICE OF AN ENCROACHMENT ON A NAVIGABLE LAKE OR NAVIGABLE STREAM Pursuant to Adopted Rules And Applicable Statutes. (TYPE OR PRINT IN INK) � ff 1. Name of owner SEve-RAL c/o R. W. ScOTT Post office address 62Yc1 Melville DP% OdkMeld , C4. 9V6// Telephone number (1/r) S3 / - 9 O 8S 2. Name of lake or stream: Ayelie 1-4A tributary to Ayelf'e RIvey 3. Elevation of High Water Mark 119 89. • 2-9 4. Property description OiY Ar 77-F 61 rE, ariws 49E4c ./ - A-tc ize, JP4,01 Low Water Mark il9 83. 75- AOT�c6arT To DAws Beech72:4e7 in (1/16 or Lot nb.) of Section , Township Range , B. M. in %ALLEY County. 5. Type of structure (Please check): Breakwater Dock Bulkhead Piling Boathouse Fill Excavation Other (Please specify) 7. Date of ,original installation / 9 y0 8. Length of encroachment waterward from high water mark APPROX .. /37 i- 9. Width of encroachment at high water mark Y , at maximum length t/3 10. Water depth at maximum length t high water 6./4, A Signature of owner Date //-2,5='76, W See .40r4uw/hy •• r" elhA- owners -t- Does net rea ck kmier w+A rK - see INSTRUCTIONS ON REVERSE SIDE Drl►wi►t ENtcosev Plicip 9t.ovi 1173 y A P9rE rre- G' x a I1 Ih V PEA' 3o` /2. -W 5 e6,4 C/r L 4' T Gib A-CoA/s TrP/GAS OF 72-1as /y/.4oE__Br /4/GfP,e6Rs 5ECV-0 ✓ 71 - A 7t/4' /oil//c, .5-74 r "SW /rX2fligr N,WM L198?.0 turn K 913.75 , ----- --�- � ----- :ANGr.'G4.�Gt EGL=2��av .5ca / " = 30 Nr+Ti -1A� GRouNo LLX/ST/NL! P/cam' /i'Ve 0 CW610/-/- /A/ �.4YET7-6 ZA4-LC /Ile C4 44 t 1/4-1-46 -- ��U.vTY � /12,41/0 Sc49/11/moo As R6i beet? - Y S6N4re flaw, No /Y&/ Q,v P/OFF aidAmA23 am -a RR� F1'0P6 T? 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U N T _ D U E 2 , 0 2 6 . 2 0 CCE14....i011,.. August 12,• 1983 In accordance with the verbal approval of the five present dock owners of dock situated near Davis Beach, McCall, Idaho, a 1/6 interest is now to be in the name of Clarence Kinzler. The owners now stand in the name of and dock assigned number as illustrated:.: Robert Mangum, C. L. Balding, Q. E. Howard, Sr., Marvin'Fulcher, Howard Thompson and Clarence Kinzler. Robert Mangum (1) , (4) C. L. Balding Marvin Fulcher (2) Clarence Kinzler (3) Sincerely, C. L. Balding (5) Q. E. Howard, Sr. (6) Howard Thompson STATE OF IDA 0 DEPARTMENT OF LANDS PAYETTE LAKES AREA OFFICE P.O. Box AS, McCall, Idaho 83638 (208) 634-7125 August 23, 1985 Jim Smith City of McCall P.O. Box 1065 McCall, ID 83638 Dear Jim: I have, as you know, reviewed the question of grandfather rights on the two docks at Davis Beach. The south dock (Scott) has, in my opinion, grandfather rights in that they have had a dock of the same size and shape in the same location since many years prior to the passage of the Navigable Waters rules. The North dock (Balding), in its PRESENT configuration, in my opinion, would not have grandfathe.r.rights. However, it is evident that a dock has existed in this location for numerous years. The dock that existed prior to the navigable waters rules was 72` long, The present dock is 114' long.- Charles Balding has told me that they added a section of dock with this Department's full knowledge and did not, therefore, believe that their rights would: be jeopardized by doing so. The point to all of this is that if the owners of the north dock were to remove one section of dock they would then be of the same configuration and size as the dock that would have had grandfather rights. is my understanding from the meetings we have had that the City is willing to accept the prior rights of both the north and south docks, in the size and configuration as they now exist, This Department has no objection to that decision. I feel that it is a good answer to the problem. If you have any questions on this matter please give me a call., Sincerely, r, Y y"1 BRYCE D. TAi'LOR Lands & Range Specialist BDT/sk EQUAL OPPORTUNITY EMPLOYER =e STATE OF IDAHO DEPARTMENT OF LANDS PAYETTE LAKES AREA OFFICE P.O. Box AS, McCall, Idaho 83638 (208) 634-7125 October 30, 1984 Jim Smith City of McCall P.O. Box 1065 McCall, ID 83638 Dear Jim: i I have not been able to get a legal opinion on the arandfather rights of the docks at Davis Beach from the Attorney General's Office. However, I have had a chance to get a very good review of the situation through this Department and we have reached a sound conclusion based on a past court case. I have enclosed a copy of the court ruling for you and Bob Remaklus to review. In conclusion, the North dock at Davis Beach (Charles Balding, et.al.) has no grandfather rights. It was replaced in July 1975 and our records indicate a TOTAL replacement which would negate any.grandfather.rights. Also, this dock was permitted to be 73' long. The dock is actually 114' long now. The fact that the dock has been changed in configuration from the permit would also negate any grandfather rights.. The South dock (R.W. Scott., et.al.) has grandfather rights. Even though the dock has been, replaced, the original anchors and one original piling were utilized inthe replacement (cobrt case verifies this conclusion). Also, so long as any of the original owners are still 'involved their rights would remain intact. The owners of this dock followed all of the rules and applied for their permit in November 1974. The -law allowed until December 31, 1974 to apply for a permit on existing docks, There has been some new owners involved in this dock since 1974. The new owners would not have the same rights as the original owners but the dock itself does fall under the grand- father rights provision of the rules for navigable waters so long as any of the owners prior to 1974 remain involved. The Carl Swanson dock has no grandfather rights. Carl never applied for a permit on his dock and In fact has no permit at this point in time. Carl also stated that his dock has been moved in its location. Carl also indicated he no longer holds a lease on the lakefront property belonging to Long. Essentially Carl has made no attempt to establish grandfather rights and, subsequently, he has none. EQUAL OPPORTUNITY EMPLOYER Jim Smith October 30, 1984 Page 2 Also, the buoy between the docks at Davis Beach has been removed. No rights for a buoy were ever established nor can they be now. I am not sure these conclusions will be of any help in making a decision concerning the docks anchored to City property. It seems to me that given the various conditions, each dock must be addressed individually. Hope fully, an equitable solution will be found. If I can be of further help please let me know. Sincerely, BRYCD. TAYLOR Lands & Range Specialist BDT/sk IN THE SUPREME COURT OF THE STATE OF IDAHO No. 11044 I^T;^ION j . WEST and A' a , V. WEST, 111z,brInd and wife, and GUY B. DUMAIS . :c101 PATRICIA DUMAIS, husband and wife, Plaintiffs -Appellants, - TAMES E . SMITH and MRS . JAMES E.. SMITH, vasband and wife, Defendants -Respondents. Coeur d'Alene, October Term, 1972 • Filed; JUL 51973 R. H. YOUNG, Clerk Appeal from the District Court of the First Judicial )istrict of the State of Idaho, Kootenai County. Hon. Watt E. 'rather, district judge. Appeal from decree denying injunctive and compensatory ,aliof for alleged interference with littoral rights. Judgment ?firmed. s J. T. Knudson, Coeur d'Alene, for appellants. James W. Givens, Lewiston, for respondents. :cQUADE, J . . Vernon and Arlene West are the record title owners of government Lot 3, Section 2 Township 47 North, Range 4 W.B.M., Kootenai.County,. Idaho, which lot abuts the westerly shore of Lake Coeur d'Alene, a navigable lake. Guy and Patricia Dumais contracted to purchase lot 3 and another lot from the Wests in May, 1970. The -uL e plan to develop, subdivide,, and sell the lots. Until 1935, a privately operated, commercial ferryboat ran between Harrison, Idaho, and ;pokane Point, a designation which is located on the shoreline of lot 3. A county road, which: was acquired by prescription, runs in.a north -south direction near the shore of lot 3 and culminates in a widened turnaround at the point, where the ferry formerly docked. The road continues along Y'no Jake shopu . south from the turnaround, but that portion of the road Since approximately 1945, a houseboat has been moored .to ri.li.ngs driven into the lake bed at the point where the ferry- 1)oat 0. ocked. Mr. and Mrs James E. Smith purchased the house- boat in 1965 and have since paid personal property taxes on it and occupied it intermittently. The houseboat is connected to the shore by a, catwalk two feet in width which .terminates on the turnaround of the public roariway. Plaintiffs' exhibit 1, a scale drawing of the shore and the houseboat, also indicates. that there is a some- what larger floating dock structure owned by respondents interposed between the houseboat and the catwalk. At a date not disclosed by the record, but apparently after 1890, the predecessorof the Washington Power.Company raised the level of Ike Coeur d'Alene several feet by constructing a dam at Post Falls, Idaho.' The 'record does not indicate the elevation az—location of the natural high wate,r mark of.the lake before the dam was built. According to the record. the Washington Power Company has generally maintained the level of the lake at approximately 2,128 .feet above sea level since 1910. According to plaintiffs' exhibit 1, when the water is at the average of 2,128 feet,.the edge of the water is 13 feet from the edge of the maintained por6ion of the turnaround. The artificial post-1910 high water mark is shown to be 7 feet further inland and thus approximately 6 feet from the edge of the maintained portion of the turnaround. The slope of the bank from the traveled edge of the turnaround to the water's edge is fairly steep. The plaintiffs' plat indicates that the side ,of the houseboat closest to shore is approximately 53 feet from the edge of the water at the 2,128 foot level. The Wests and the Dumaises brought suit to compel the Smiths to move the houseboat and its appurtenances or in the alternative, to Day $10,000 damages, They alleged that the maintenance of the houseboat and its appurtenances constituted an undue interference with their littbral rights. Appellant Da.mais testified that the houseboat in its present position hindered his development plans. Tsle Smiths cross -complained for -an -injunction to prevent the appel- lants from interfering with their peaceful use of the houseboat in its present location. The parties stipulated that Mr. Madison, who owned lot 3 when the .houseboat was first moored there, was aware of its existence, that the houseboat did not interfere with any use he was making of the property, and that, during his ownership, he never requested that it be .removed. :They further stipulated. that Mr. Madison and his wife conveyed the property to the Lafferty Transportation .Company, a corporation, (name later changed to L. T. Land Company) in March, 19.59, and that during the corporation's ownership of the property, the then occupiers of the houseboat would notify the corporation when logs which the company was storing in the bay got loose. They further stipulated that Vernon and Arlene West acquired lot'3 in SFp•tember, 1968, and that the houseboat did -not interfere with any use they were making of the property until they contracted to sell it to the D)maises. The following findings and conclusions of the district court are undisputed. The houseboat and the pilings to which it is moored are located below the natural high watermark of the lake on lands belonging to the State of Idaho. (This finding appears based an evidence not in the record bef.ore.us.) Appellants' littoral rights nclude the right of access to the lake without unreasonable inter- 7erence from other persons entitled to use the navigable waters of ;he lake.: The county road easement does not sever appellants' land )v cut off their right of access to the lake along that portion of :he shore of lot 3 traversed by. the road. . However, the appellants. contend that the district court •rred in making these further findings and conclusions; The terminus .f the -county road (the turnaround) is at the water's edge. The �114P�1nnf A.,^^ _L of access to the lake. The only point where the appellants are hampered in obtaining access to the lake is at the point where the walkway from the houseboat comes to land on the public roadway. The respondents are making use of a public way as a means of ingress and egress.to the navigable waters of the lake. Because the houseboat 1.1as . been maintained in its present location for over 20 years, and .was there when the rumai.ses contracted to ilmrchase the property, the appellants are estopped, and barred by the statute of limitations, from demanding removal•of the houseboat. From the decree of the district court denying them both injunctive relief and damages, the Wests and Dumaiseg" have appealed. ,The appellants assign error to findings'and conclusions of the district court other than those enumerated above, but an exam_ 'ination of those alleged errors.is not necessary for a resolution of this case. One of. the salient features of the shores of navigable lakes is the convergence of the rights and interests of the state the pilblic and the littoral landowner. The State of Idaho holds title to the beds of all navigable bodies of water below the natural high water mark for the use and benefit of the whole people1 . The Idaho Admission Bill declared that Idaho was "admitted into tye union on an equal footing with the original states in all respects whatever. 26 Stat.L. 215, ch, 6'6 3Lat:.;s Supreme Court in the case of Shivelyv. Bowlby, 15 United 1 1)! S•Ct. 548,-557, 38 L.Ed. 331 (1894) ruled that one aspect of ' th.;. admission of a new state to the union on "equal footing" with the original states was that title. to the beds of navigable waters Lc i ow the natural high water mark was transferred from the United Stc.tes to the state. Ever since the case of Callahan v. Price, 26 Idaho 745, 754, 146 P. 732 (1915), it has been the settled law in Idaho that the state holds title to the beds of navigable w.9►.ors below the natural high water mark for:the use and. benefit oC the whole people." Id., 26 'Idaho at 754. 71 Idaho 501, 507, 234-7.2d 4�+6 (1951); Gasman�v. Wilcox, 54 Id c•0 , 703, 35 P. 2d 265 (1934).. State ownership of the bedsof aho nl and navigable waters was confirmed in the Submerged Lands Act )f .1953, 43 U.S.C.A. § 1311. 0;.dinaril.y, in Idaho; riparian owner (on a navigable river or' or a' littoral. owner (on a navigable lace) takes title 2 town to the natural high water m;Irk . On this appeal, the res- pondents nts :seem to urge that the long -continued maintenance of. COeu: d'Alene at itsartificial level has conferred title to lake bed: up to the artificial high water mark on the State IJ):rio. However, ownership of title to the lake ))oci b-etweun the natural and artificial high water marks is immaterial to our. dr:Gis!.on. Appurtenant to his ownership of lake front property, the littoral landowner normally possesses certain littoral rights. These include the right of access to the water,3 and, subject to 4 state regulation, the right to build wharves and piers in aid of navi gation.5 The right ,of access has been said to be a valuable r.'Lcht and, "in marry instances * * * the controlling aspect of the value of [littoral•) lands.". The decision of the district court is implicitly based on two alternate grounds. First, that the Smiths, in mooring their houseboat in its present position., are merely exercising a right which is incident to the public right of navigation, i.e. docking on a public lake with a catwalk connecting the houseboat to the public read. The alternate implied basis of the district court's decision l s that the Smiths have acquired a private prescriptive right against G� 3 Driesbach v. Lynch, supra note. 1, 71 Idaho at 507; Gasman v. suova note; 1, ;-)11 I.ntaho ,.t 703. Dri.esbach v. Lynch, supra note 1; Gasman v. Wilcox, supra note 1. e C.C. 'i9-1011(9) (Supri. 1 Q72) and .42-3801 to -3810 (Supp. 1972) . 5 E.F. , Hoff v. Peninsula Drainage Dist. No. 2, 143 P.2d' 471, 474 (Ori . 1943) . 6 Driesbach v. Lynch, supra note 1, 71 Idaho at 508. the kppellints and that the appellants are..estopped from demanding removal. of the houseboat. We will first consider whether the Smiths are 'entitled to maintain the houseboat and catwalk in place by virtue of their membership in the navigating public. It must be noted here that the Smiths do not claim a right of moorage at that point as successors of the ferryboat proprietors. Subject to regulation by the state, the public is entitled to U3e the waters of Lake Coeur d'Alene for navigational and 7 rocveaLi,ma1 purposes. The right of the general public to navigate un navigable waters has been said to' include the right of temporary ancho..age . We will assume that the public has the right to navigate .on the waters of a navigable lake regardless of who holds title to the land under a particular 9 part of the water. There is substantial and competent evidence to support the district court's finding that the county road right-of-way at the location of the turnaround extends to tho welter's edge and this finding will not 10 be disturbed. liowc;vcrr, the fact that a public roadway adjoins 7 . ^sec. 1. C. ?� 6 -4304 ; -4305; c f., Wilbour v. Gallagher, 462 P. 2d 232 2 9 (Wash. 1969), cart. den. 760 U.S. 878(.170 ,3-10►(9) (Supp• 1972). 7 �); I.C. §§ 36-901, 8 People v. Kraemer, 161E N.Y. S. 2d 423, 433 (1957) . airvus v. Edward Rutledge Timber Co., 34 Idaho 606, 202 P. 1067 (1• )21) , c case which also dealt with 1Pke Coeur d'Alene at its arti- fi cl al lvel; . Wilboui. v. Gallagher, su•ra note 7 • People v Kraemer, suir% note 8; Mendota. Club v. Andevson, : N.W. 185 (Wis . 1899) . In the c,s.3c: of MF:sEve� ✓ y ..v.-...Gulli:ford,--f,14- Idaho 133,-.2118,. 93. P: 780 (1'_)0*, this'Court t held that, thy: wi dt.h , o�� the right-of-way of a' public .r iad acquired by prescrl �; .on i prr,�s. !! E?t.it�ll.c 1� purl r,cqui,•c;cl L: �..�, F,.a rwnecl tole fifty i'c:eL. 7 • C. )►�Jr )a , r 1 f p? escr.' ption anti mnint unr.tnce 'is a "highway." :[. (,. r 10-107 (Sapp. 1972) provides: "Highways * * *.shall include necessary culverts dva.ins, ditches, waterway3, embankments, retainingsluiceswalls,, bridges, tunnels, grade separation structures, roadside impr:Jvements , adjacent lands or interest ��cquired, pedestrian facilities, and ant therein lawf� res . works or ft.tures incidental to. the e other on structures, i.r..pr pvement of such highWays , preservation or ='plus . the appellants' contention that the county road right-of-way .s limited. to the flat, traveled, portion of the turnaround is ithout meri r r;r.erc Dn which the:.putlic has a right to navigate, does not ; 1.'!r: one merler Jf the public, acting .solely for his -private YJc: efi t , the right to .install a fixed structure from the roadway i n 1.0 the w rLter, which permanently interferes with the littoral �l ? I?C:'' 2 i�.;.t;llt Jf acce::s t). the lake from .that point. The l.i ttof,al owner's right of access to the lake, free uiipeasonalile inu.:rfe re;nce , attr.chGs t) .. 1 1 points of his 12 anopel.ine, nnci in the case before us, the district court came. t:) thL und:i.r Putc;d c;onCl.usion tht,.t appellants' right to access to • 1 . thu lake wan not c,:tinguished by the .county roadway easement. n 1'j.ud 'structure connecting a, houseboat. to the shore, erected i y a 'private person for his own benefit, that permanently and ciAitinuously cuts pf'f the littoral owner's access to the lake at th!,►, poInt constitute;:. an unreasonable interference with the upland TT— v 2T.) N.Y.f.�.2(1 805 (19�`)); sg � v. Cicco :�',) J N.H. 1,b0) . Musgrove 4or;► s'in v ,Jeldne:s, 167 P. '( d, nr) (01.. 1)17); Peck v. Alfred GOW;LPUCtion Co., 21 N.W. 416, 89 A.L.R. 1132 (Iowa1931). o',nner's littoral rights and may properly be enjoined. To permit Smiths to maintain their catwalk in its present position solely on the basis that they are exercising a right belonging .to the navigating public, would justify others to build similar catwalks corulecti.ng houseboats to the publi14roadway along the entire stretch of county road bordering the lake. We do not support such conclusion. • We tarn now to an examination of the question 'of whether the Smiths have acquired a private prescriptive right to maintain their houseboat and catwalk as presently located. It is important to 69te Iny ve right which the Smiths may have acquired rmly to Choi... nri.tion in rre ] ation to the owners• of.:lot 3. . A private person cannot obtain a prescriptive right against the stut'c; with respect to navigable waters, nor can a private person'. 16 acquire a prescriptive right to encroach upon a county road. • flowe;vur, whereas the right of the ,state and its politicalsubdivisions to cio!1 and the removal of obstructions from public ways is never barred by the running of the prescriptive period, the right of private Persons may be. In regard to a closely analogous case, that involving tide right of a private person for relief from a public nuisance. viii ch does him special harm, a California court has said: "'We' cannot say that a private prescriptive right to private property may not be obtained by means of acts which may also constitute or cause a public nuisance. The private. owner who is injured has a right of action in case of special injury, and such right is barred in the same manner Lee ,'lnderson v. Reames ; 161 S.W.2d - 957 (Ark. 1942) . 14 . Knight v. Ci.arlone, supra note 11, 200 N.Y.S.2d at 806. S n.te v. Malmquist, 40 A. 2d 534 (Vt. 1945) . Rich v, Burdick, 83 Idaho 335, 362 P.2d 1088 1961 State v. Idaho Power Co., 81 Idaho 487,501, 346 P.2d 596 (19593. i as other actions of like nature. A private owner, so .injured, cannot invoke the pro- tection of the public right to abate the nuieance, which is not barred, and thus avoid the. effect of the statute of limitations upon his private right of action."1. 17 Therefore. we must examine the question of.whether the ;mi.t.hs have acquired a prescriptive right to maintain the houseboat !t, present location, keeping in mind that our decision can lave no effect on the rights of the state or the county with regard :o the location of the houseboat. We feel that the general rules .elating to the acquisition of private prescriptive easements may,' roper1y be applied to thin case. At this point, it is necessary to note the differences .,it peen easements appurtenant and easements in gross. "[T]he real distinction between an easement in gross and an ordinary easement is that in the one. there is, and in the other there is not, a dominant tenement to which it is attached. An easement in gross is not appurtenant to any • estate in land, nor does i t be long to any person byvirtue of his ownership of .an estate in land. It is a mere personal interest in or right; to use the land of another. Such, an easement is generally not assignable or inher- itable and cannot. be acquired except by a grant in writing or try prescription which presupposes a grant." lid • o nzer•sUp of the houseboat cannot be equated with nC -n esLcit o ' Lli land., Therefore, any yescriptive right which the. Smiths may have acquired to maintain houseboat permanently moored .and_connected to the land would ? In the nature of an easement in gross, or purely personal right, lt: i:er .than a right ap purtenant ppurtenant to the ownership of the .houseboat. lu fact is important because, under the general rule; supra, .»:.m nts in (,;rocs are not assignable. hurthermoi•e, a right gained Mo:Aer v. plead, 28) P.2d 378, )81 (i'r17 , Ut. :App.1955) quoting Hudson Dailey, 105 P. 748, 75l4 ( cal.. 1909). 2 G. Thompson, Real Property 89-90 (1961 Replacement). .I'y'pocApti.oll is .eonfinu6 to tho right as ere Pcised during the' pre- 1) Thc.pefore, any proscriptive..right whi.ch the Smiths h!LVe ripplin:.itly to them o.nd not to guests or assignees In order. for a claimant to establish that he has acquired a p....tvute prescriptive easement by adverse use, he must submit 20 J.e-JonEbly clear and'cOnvincing" proof of open, notorious, (;:mtintlous. Uninterrupted use, under a claim of right, 21 'with 22 the knowledge of the owner of the servieht tenement, for the 23 prescriptive 'period."Under a claim of right signifies use wi't-,h,Jut recognition of the rights of the owner.of the servi6nt 24 ' ustate. Thus, a,prescriptive right cannot be squired if the use of thu land is with.the permission of its owner. • Absent . . 26 permission to use tho land of another can be revoked at 27 L.u. time, ,no matter how long the permitted use has continued. . 28 Although language in one Idaho case, and in some cases 2:v:a other jurisdictions. implies that acquiescence on the part th,) wnoo of the servient tenement is'synonymous with consent . v. Schultz., 63 Idaho 278, 290, 119 P.2d 266 (1941). Last Chance Ditch Co. v. Sawyer, 35 Idaho 61, 66, 204 P. 654 (1922) •1 .1 Trunnell v. Ward, 86 Idaho. 555, 559, 389 P.2d 221 (1964)i Cox . cox, 84 Idaho 5131 521-22, 373 P.2d 929 (1962);' Sinnett, v. Werelus, Id:'ho 514, 522, 365. P.2d 952 (1961). • See N. Western & P. Hypotheekbank v. Hobson, 59 Idaho 119, 80 .';!6-79).(1938). 5 • - The prescriptive period of 5 years set -by. LG. §. 5-203. Deer Inc.; v. Hibbard, 94:Idaho 533, 493 P.2d 392 (1972). v. Advo System, Inc., 151 A.2d 881, 883 (Conn. 1959). Cox v. Cox, sutra note 2:1, 84 Idaho at 523. flcCileynoldn v. Harrigfeld, 26 Idaho 26, 140 P. 1096 (1914). Radice v. Union PaOiric Railroad Co., 334.P.2d 1077 (Colo. 1959). and ',emission, the better rule draws a distinction. In the 29 ell y cave, mere inaction and passive acquiescence is not a suf'ficiont basis for proving that the use of the claimed right 30 was with the permission of the owner of .the servient tenement. The general rule is that proof of open, notorious, conti- 01011B . unihtele-upted use of the claimed right for the prescriptive puoiLod, without evidence as to how the use .began, raises the 31 p.pesumpti•)n that the use was adverse and under a claim of right. The buvden. is then en the owner of the servient tenement to show that the use was pemissive . or by virtue of a license; contract, )2 OP .egveen,cnt. There is substantial evidence that during the Smiths' o� eovstu.p of the houseboat, it was moored in its present position :gee note 32 for the exception to this rule. Checkctts v. Thompson,.65 Idaho 715, 152 P.2d 585 (1944); ilttri v. Taylop, 57 Idaho 662, 67 P.2d 901 (1937); White v. Kamps, 1j1 • P. 21:1 3)13 (mo►it. 19216); Northwest Cities Gas Co. v. Western lti.iel Co., 123 P.2d 771 (Wash. 1942) . 31 Deup Creek, Inc , v. Hibbard, supra note 23, .94 Idaho at 534; case cited note 211, supra. 32 Deer Creel:, Inc. v. Iiibbard, supra note 23, 94 Idaho at 534-35; Sinett v: Worelus, su �ra note 21, 3 Idaho at 522; Eagle Rock Corp. v. Idamont Hotel Co., 59 Idaho 413, 431, 85 P.2d 242 (1938). When the lands over which the pees.criptive easement is claimed are ue enc] used, or unimproved, the presumption of adversity does net. eple]y. In such a case, .it is presumed that the use by the el.iilnmt was perndssi.ve. Trunnell v. Ward su�ra, note 21; Cox v. (.»). , eupra. noise 21; 2E, C.J.S. Easements § �a p• ()7 (1941). Ie>t)en ante hove suggested that: lot 3 is wild land and urges the -.ap.- plic;:W.i..)e o1. 'thy: ppeLeAn:pLion ptrmi.ssivu use to this case. From the .q:eor.d. it :i.;: ,I.i•,pfe.ent that, lot :S is not °wild land" in the sense c.,et.1:m pJ i toc! :y vhu lJ4eep{.t i )e to thu 0;'•.illl. fal eule. There.foPe, 1.11c, appellant.; ]ant.; a've not u it',i Llcd to the benefit of the .presumption. ope ly, notoriously, continuously, uninterruptedly, and with the .knowledge of the owners of lot 3, for a length of time in excess of the prescriptive period of five, years . These circumstances raise the presumption that the maintenance of the houseboat in its present location was adverse and under.a claim of right. Implicit �.�the conclusion of the district court that the Smiths had acquired a prescriptive right, egainst the owners of lot 3, to leave the houseboat and catwalk where they are, is the finding that the appellants had not: met their burden of proving that the lase alas permissive. From the record, . we see no reason to disturb this finding. The only evidence presented by the appellants was that they and their predecessors knew that the houseboat was moorLid there and did nothing about it. • This is not a sufficient :;laowing of permission to rebut the proof of adversity arising from the other circumstances of the case. Thus; respondent has pr.ascribed part of appellants,. littoral rights. Therefore, insofar as the judgment of the district court held that the appellants are barred from demanding [Mu rHmoval of the houseboat .and catwalk, the judgment is affirmed. As m nit,ioned, supra, this decision can have no effect on the rights. o f the state and the county with regard to the location of the houseboat. Jud3ment affirmed. Costs to respondents.' Dr)NLDSO N, C . J . , SiiT,PARD, MCFADDEN, and HAKES, JJ . , concur. i i VOCK .0_WN,ERS1111' AN.D__MA1N'I:ENANCLAGREENI ENT THIS AGREEMENT, made and entered into this ____ day of August, 1994, by and between ,TAMES 13. BAXTF.R and MARY J. BAXTER, husband and wife, of 5609 Sudley bane, Boise, Idaho 83703, owners of real property more particularly described as: Lot H25, Payette Lakes Club Subdivision Group A, Valley County, Idaho; and ROBERT W. MOORE and BETTY MOORE, husband and wife, of 423 Holly Street, Nampa, Idaho 83686, owners of real property more particularly described as: A parcel of land in Section 5, T. 18 N., R. 3 E., I3.M., described as follows: Beginning at the quarter -corner between sections 5 and 6 in said T. 18 N., R. 3 E. B. M. and running thence south, along the section line common to said sections 5 and 6 fbr a distance of 1,524.8 feet, more or less, to an iron pin, which is the southwest corner of Group A of Payette lakes Club Ground Subdivision; thence, clue east for a distance of 287.61 feel, to the real place of beginning; thence continuing on the last said course for a distance of 100.00 feet; thence, at right angle, north for a distance of 45.00 feet; thence at right angle, west for a distance of 100.00 feet; thence, at right angle, south for a distance of 45.00 feet, to the real place of beginning. Being the same property conveyed by Warranty Deed from Gladys Welker to Corey Engen et ux, recorded in Book 33 of Deeds at Page 444 of the Records in the office of the County Recorder of Valley County, Idaho, and the same property conveyed by Warranty Deed from Corey Engen et ux to M. Orlean Chaussee, recorded in Book 35 of Deeds at page 434 of the Records in the office of the County Recorder of Valley County, Idaho. A rectangular shaped' parcel of land in Croup A of the Payette Lakes Club tract, situated in Section 5, T. I R N., R. DOCK OWNFRSIIIP AND MAINTENANCE AGRF?EN1ENT - Page 1 3 E., B.M., Valley County, Idaho, more particularly described as follows: Beginning at the southeast corner of Lot 40 of said Group A; thence Easterly along the boundary of said Payette Lakes Club tract, a distance of 95 feet, more or less, to the southwest corner of Lot 41 of said Group A; thence Northerly along the Westerly boundary of said Lot 41 a distance of 40 feet to a point; thence Southerly along the easterly boundary of said Lot 40 a distance of 40 feet to the point of beginning. Commencing at the southeast corner of Lot 25, Group A of the Payette Lake Club as shown by the plat of said Club now on file and of record in the office of the Recorder, Valley County, Idaho; thence running due south 60 feet to the point of beginning in the south line of said Payette Lake Club property; thence running due south 50 feet to a point; thence due east parallel to the south line of Payette Lake Club property to the shore of Big Payette Lake; thence in a northerly direction along the shore of Big Payette Lake to the south line of the Payette take Club property; thence west along the south line of the Payette Lake Club property to the point of beginning. All of said property is located in Lot 4, Section 5, 'Township 18 North, Range 3 East B.M. A triangular piece or parcel of land in Lot Eight of Jew's Ilarp Jack's Subdivision in Valley County, Idaho, more particularly described as follows, to -wit: Commencing at a point one foot East of the northwest corner of said Lot Eight of Jew's harp Jack's Subdivision; thence east a distance of forty feet; thence south a distance of fiRy feet; thence in a northerly and westerly direction approximately sixty-one feet, to the point of beginning. and ELLENE B. PARR, of 1501 Shenandoah Drive, Boise, Idaho 83712, owner of real property more particularly described as: Lot tt l7, Payette I.,akes Club Subdivision Group A, Valley County, Idaho; and DONNA BIGGS ALLINGTON, of 502 North Pacific, Boise, Idaho 83706, owner of real property more particularly described as: I,ot tt 13, DOCK OWNERSI IIP AND MAINTENANCE AGREEMENT - Page 2 Payette Lakes Subdivision Group A, Valley County, Idaho; and JOI1N W. SUTTON and RETAK SUTTON, husband and wife, of Route 1 Box 43, Midvale, Idaho 83645, owners of real property more particularly described as: Lot ##9, Payette Lakes Club Subdivision Group A, Valley County, Idaho; and LARRY STEWART and BARI3ARA STEWART, husband and wife, of Box 1709, McCall, Idaho 83638, owners of land rlxor-e particular) described as: I,ot #1, Payette Lakes Club Subdivision Group A, Valley County, Idaho. y RECITAI S: I. The parties to this Agreement are the owners of an existing dock on the West shore of I3ig Payette Lake, Valley County, Idaho. The clock is located at the end of Cottonwood Street which street passes by the respective properties owned by each of the parties hereto located in Group A of Payette Lake Club platted lands. The exact location of the clock is well known to the parties. 2. All of the parties own one (1) slip of the dock except R013ERT W. MOORE and BETTY MOORE, husband and wife, who own two (2) slips. 3. The parties to this Agreement want to reduce to writing the ownership interest in the dock and the respective maintenance obligations of the parties. NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties hereto agree and covenant as follows: 1- ,Each party to this Agreement owns one -seventh (1/7) of the above described existing clock except ROBERT W MOORE and BETTY TY MOORS husband and wife, who own Iwo -sevenths (2/7). 2. All fixture costs in connection with the dock including, but not limited to, replacement and maintenance shall be paid in the proportional share of the parties' ownership as established by this Agreement. DOCK OWNERSHIP AND MAINTENANCE AGREEMENT - Page 3 3. The parties consent to this Agreement being recorded in Valley County, Idaho, and further agree that this Agreement runs with the land and shall be binding upon the parties' respective properties. 4. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of all the parties to this agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the day above written. JAMES B. BAXTER MARY J. BAXT R R �.„ BERT W. MOORE i BETTY MOO'RE ELLENE B. PARR DONNA I3IGGS ALLINGTON DOCK OWNERSI IIP AND MAINTENANCE AGREEMENT - Page 4 County Of STATE OF 1DAHO ) ) ss. _ ) JOHN W. SUTTON RC KA7 SUTTON LARRY S'IEWART BARBARA STEWART On this day of August, 1994, before rne, the undersigned, a Notary Public in and for said State, personally appeared JAMES B. BAX7TR and MARY J. BAXTER, husband and wife, known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *SEAL NOTARY PUBLIC FOR 1DA110 Residence: My Comrnission Expires: DOCK OWNERSIIIP AND MAINTENANCE; AGREEMENT - Page 5 STATE Or IDA110 ) County of l�� , , ) Ala �LL- ) co On this _23_ day of August, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT W. MOORE and I3ETTY MOORS, husband and wife, known to me to be the persons whose names are subscribe within and foregoing instrument and acknowledged to me that they executed the same.t the IN WITNESS WIIEREOF. I have hereunto set my hand and affixed my omcia seal the day and year in this certificate first above written. I "SEAL STATE OF IDAIIO ) County of ) On this _ day of August 1994, before me, the undersigned, a Notar Pu in and fbr said State, personally appeared ELLENE B. PARR, known ton y blrc the person whose name is subscribed to the within and foregoing instr-ument)ea d acknowledged to me that she executed the same. cl IN WETNESS WHEREOF, I have hereunto set my hand and affixed m of ici seal the day and year in this certificate first above written. y al SS. � ll NOTARY PUBLIC FOR II.) IIO Residence: _NI),)) f,;i _E, 0 My Commission Expires: _(/ *SEAL SS. NOTARY PUBLIC FOR IDAI10 Residence: My Commission Expires: DOCK OWNERS!!!') AND MAIN-UV:NAn1rr, An_nrr..._._._ STATE._ OF IDAHO ) ) ss. County of i ) On this _ _ day of August, 1994, before in and for said State, personally appeared DONNA to be the person whose name is subscribed to the acknowledged to me that she executed the same. me, the undersigned, a Notary Public BIGGS ALLINGTON, kno«m to me within and foregoing instrument and IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *SEAL NOTARY PUBLIC )C (r R IDA110 Residence: My Commission Expires: STATE OF IDAHO ) ) ss. County of------- ) On this _ _ _ day of August, 1994, before me, the undersigned, a Notary Public in and for said Slate, personally appeared JOHN W. SUTTON and RETAK SU •• � I Ir, husband and wife, known to me to be the persons whose names are subscribed 1 IOhe within and foregoing instrument and acknowledged to me that the executed t . the Y d the sank. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *SEAL NOTARY PUBLIC FOR IDAIIO Residence: My Commission Expires: DOCK OWNERSHIP AND MAINTENANCE AGREEMFNT _ __J--k(Y19 ��` (*-- --wL-)DN 77/(4 1-Qb1 c6rgsAr17)1 ')/( ,/v/Y° /7/1/ )0A,s 7/Pr) ,� ,ate Y q �j (( 1 ri/t/ vo9 a / M 4ItX402/6,-'4' _ (005w/tv "9-51 reeo7vad :41/.1",0 ;p!51 rui4y/e '/vd. /P /,,, ,TS tip fr-"Fh-v/29 watt .fht7-1 Ply 5_71C/0/70 /37 0, /47,1y --/"W9 a ‘.//2.22-/ sw&ty,0 wog r‘17/./70 (/ ,F-Tg 7 #aVs °I /Pj (( -s/b/ tl 46 j - ,� �, /m ��2wot spiv • ivy.pounds per square toot. .vunmeyer stated hie home did not meeti,the code and assumed it had been met. It had been inspected and approved and ahould-be inspected-by"the inspector. :The Mayor stated the,City was attempting tO enforce the Code and would make every effort to see that violati.ona did not.occ.ur. Bob -Smith and - Dick Johnson, band Surveyor, ---were- present-mIth a -• hard back copy of a reaubdivision of Lot 15 of Timberlost #1. The.proposal.was presented at'the last meeting and following discussion McDougal moved the plat be approved subject to correction of the conditions in the radiuses being shown on:the corners. The:motion waa a econded by.AHettly and upon vote declared carried unanimously. Bob Smith stated the County would have a sealcoating con tract bid soon and that Bob Duncan, Airport Manager.,.had recommended. the City sealdoet aroud the,gas pumps,, 13,000 square -yards< were involved an estiMated.coat between $4,000..00 and $5.,000.00. There followed a. discussion.on including some City streete in the Countyybid. The Council proposed to:call for bids with the County and would workaas''a deductible. alternate in case the work could not be completed. The oiling of the streets and chip supply for'the street base were reviewed. .A letter from the State of Idaho on the ownership of the property used in.,the Recreation Program was reviewed and Remaklus- stated the City should retrun it,unsigned as the school was sponsoring the program at the time,the monies were spent. The Attorney stated he would reply to the letter.. r 4r.lua reviewed an" Remaklus reviewed an Ordtance on.the adoption of the City Impact Area which had been prepared that the same ordinance. should be cleared with Valley County to make sure the identical ordinance is passed. Remaklus stated that a question had 'arisen as to the charging of.impound fees for dogs which were picked.up where the owners live outside the City limits. It.was.the opinion of.the Attorney that ,all impounding fees and board becharged on all dogs which - were pi.ckeduup. Remaklus. stated that.as soon as the Impact Area is adopted the Planning and Zoning Commission would have to be reorganizE-; to - that the area could .be represented on the Planning and.Zoning Commission based on a population. base. ,McDougal stated that he had checked into the docks at Davis Beach.Which are marked private property. There'appeared to be a private dock on a -public beach and some questions have arisen to the use of the dock'and "the beach. Mrs.' Dick Scott who was present reviewed' the history `"of the- dock and the posting of private property 'signs.: Use''at`your oWn ri k signs - had been posted as'a protection against`any injury on the dock,' / She, stated ahe would like.to"Meep:the dock on the basis of a private dock but to allow public use:. ` Two -other 'parties' have purchased or have helped to pay 'for the', dock located on the public beach. Thh dock in question was purchased from.the Idaho Waterways Department at a cost of -$15.0.00 `per a.ection. .McDougal stated he could assist in getting a new dock from the State and placed on the beach as a publit:dock.' The dock was original installed for the owners in the Davis Beach area and had since. become;a public dock. Marinetaxdocks- were available for-publie use as in other public=:beach areas around the lake. Th4e:rrfo11ow0 171 r a discussion on the usage and amintainance of the beach area and dock use. McDougal stated -he -would check with Bill Petzak with the State Land Department on thereplacement of the dock. Lutes stated that Don Broughton had been hired as a new Police Officer for the City of McCall and his background and qualifications were reviewed. He stated there was a dog log in the Police Department for any ones information. It was reported that the County would pave.South Davis and the connectors into Rio Vista Subdivision on Third Street and Lardo. McDougal reviewed the.pontable restrooms on the Baseball diamonds whose us:e.will be completed in a week.or two and stated the Chamber of Commerce wanted to 1ise them over Labor Day and also over the Winter Carnival. The.cost of $70.00 per month plus maintainance was reviewed versus the cost of buying them. for about $900.00 or• a three year rental for the two restrooms. He reported there had.been no problems with vandalism.and Hugh Cooke who was present stated they were well supervised and they.should now be moved. The cost plus the service on a retail basis is about.$150.00 per. mouth for both facilities. Fogowing::.discussion McDougal moved 'to.purchase'.the two portable toilets for $450.00 each from the Parks Department which motion was seconded by Lutes and upon vote declared carried unanimously. The Chamber of Commerce has asked for a Barbeque at the Baseball field and would like a toilet at the park for that time. The request for work on the Baseball diamond and more topsoil for dirt and grass was projected .for next spring. The question • was if a City employee could.do the wor+kkor if.it shold be hired done.' Hugh Cooke stated that he would be available to assist on any sprinkler installation. Hardy reported an a meetingeilhthe Federal Aviation.Agency and the State of Idaho on July 20, 1977, with Mr. Austin and Mr. Croft with the FA and Worthy Rouser with the State of Idaho Department of Aeronautics. The question on maintaining the dirt runway was discussed at length and 12 other members of the Airport Committee and Pilots Committee wem present. The opinion was for the closure.of the runway and the necessary work for the closure has been Started and the runways have been marked. Both Federal and State Agencies would like to see improvement in the lighting and they stated a 90% Federal Grant and .a 5% State Grant for funds for the airport master plan could be made available. The estimated cost was approximately $20,000.00 and the net cost to. the City would be approximatdy $1,000.00. The State would assist with the lighting after the Master Plan was completed. A meeting was to be held with the Engineers as soon as convenient. The matter of keeping the airport open year round was discussed and.the snow conditions and past closures were reviewed and they would like a greater effort on the part of. the City to keep it open longer. The Master Plan was necessary 'for any future Federal or State Grants. The Airport Committee was now keeping minutes of their Meetings which were read. Remaklus reviewed the lease with Bill Dorris which had been Submitted to the FAA and approval had been received. The RAWS weather station paperwork had been completed, 1 IDAHO DEPARTMENT OF LANDS STANLEY F. HAMILTON DIRECTOR August 14, 1995 Gary Shimun McCall City Administrator P.O. Box 1065 McCall, ID 83638 Dear Gary: PAYETTE LAKES AREA OFFICE *MAMMA 555 DEINHARD LANE McCALL, IDAHO 83638-2544 (208) 634-7125 The owners of the south dock at Davis Beach as shown in our records are: N/Estrid Robinson vRichard & Janice Scott, teary & Patricia -Newby Ruby Farmer George-&-Joyr Brady ,,,R'bbert & Sue Trabert Aarold & Zola Mae Howard The permit No. is L-65-S-296 The owners of the north dock at Davis Beach are: Robert Mangum C . - L . Balding Q.-E. Howard Howard Thompson Marvin Fulcher, Jr. Clarence Kinzler The permit No. is L-65-S-126 The owners may have changed through sale of properties. The assessor may have those names. If you need any other information or would like to copy the files, just let me know. KEEP IDAHO GREEN PREVENT WILDFIRE Gary Shimun August 14, 1995 Page 2 You should also note that the roped off swim area at Davis Beach is not covered by an encroachment permit. If the city wishes to continue this use, it should apply for a permit at its earliest convenience. Sincerely, TIMOTHY C. DUFFNER Lands & Range Specialist TCD/ss QllY` 01 . BOX 1065' � '`McCALL/�IDA��i 83638 TOt MAYOR AND COUNCILMEMBER MEMBERS, ROBERT REMAKLUS FROMS JIM SMITH, CITY ADMINISTRAT � �KlCK F{}LIGY`AND �� | , The Dock'^ofilm �ittee 'of-Counci'imen-Ciiff Lutes/ Chuck Ba1d1sqy' Gary Newby, Bryce Taylor with the Department of Lands, and Jim Smith the City Administrator for the City of McCaii have met twice and of aii bvat docks presentiyattached to City property and any proposed boat docks in the future. As a result of those meetings it was evident that an agree- ment between / warranted^ 1 A , ` Thef'oi[bvvi\vgi1At of Co\diti0ns were those that the Committee f0if-� should be a part of that agreementt 11 lob -boot dock-'know0 as thb WWI dock or the one iochted at fh9- south end of Davis Beach has Grandfather rights and if at any time should the City of McCati desire to move this dock these Grand- - fat|`er r/ghts wouid st�i[ b�� in-eff��teveh fhough-posib[e----'� � changes to the dock structurei arrangement, or repair maybe � necessary due`to the movinq/_�____________ � 2^ The boat dock known as the Mangum or Balding dock which is iocated at the northernmost portion of Davis Beach has Grandfather rights ' for a'-pUrfim of th6docK old that portion should be accepfed'at` having 'uch^ The other portion of the dock should also be accepted and recognized as having Grandfather rights by the City. T�i����i[�-Th��-D�p�����ht ofI�hds-�e�resentat�ve has inditated fo the Committee itt that the portion of this dock that is not Grand- �oe fathered has a significant affect on the actuai use of this ' dook by`�fhe genqrai pubi,c,���The,add/j/ona[port.f1h aiso'add���`t6` ..the safety of.use/b i bo d qks,of evuai length, 'therefore Eiii befbe starting one behind the other, relieving the possibility of one boater not seeing the other/ t t f ed f both the Scott and the - 3^ lbat the presen cart / / owneFs o o ' | 4 ` � i .�-- ' ` i Date 08/21/85 Page 1 ran�fer��[�fhes���7an ��`U���D7Jh the sale of, inheritance of, or the general transfer by the present owner. There shaii be no additionai number of owners__ abed gS/T3/80 al. ea „ q 6). tri d ti j. 1:7.14 4. 64 UOIA04.tlaSa.:td 1.,74aw aa141ww00 agl W.::( 00 2 ity 5g3,-.,.) T. 4 !::1 - o ;.o ;le 4. e (.4 Ei I Al 4. .1 4. kJ. 6.) kl, a be' u 1.1 e 4. .1 y 1. () _I. 0 J. ..t L.1.1. Olt 0 SO. 0 IA: t:;;T:ttl :.01.1}1.11i ::);..3 -atS.Z.;;J. ptA: . -41 • *paAl 0 ! sa Jed asom. Jo 1 1 e Aq paub ! s aq j 1 eqs sJaumo lnoa qneaa s I Aea aq4. pue 11 eano „1.0 t ii q]. ueawf.aq pue Aq apew 4.uawaa.Abe " „ . ! k.ie pi j:c.i a 4 It Y1 0(1 r ; d 43 1 a S6 A 11-4. !,11. I VI pap ..t 7.1F:) A p51e pa q s: O 0 9R314 No. Return To Secretary of State Room 203, Statehouse Boise, ID 83720 * FIRST NOTICE * NO FEE REQUIRED Idaho Corporation Annual Report Form Due No Later Than November 1,1 992 1. Mailing Address Please Correct, if Not -Correct 2. Registered Agent and Office NOT A P.O. BOX GARNETT BEACH HOMEOWNERS' ASSOC DORRELL C LARSEN 201 W JEFFERSON BOISE ID 83702 0000 DORRELL C LARSEN 201 W JEFF"ERSON AOISE Y TD 83702 3. Incorporla�d Under The Laws of NO: 98314 4. Names and Addresses of Officers and Directors Name President: Secretary: Directors: Street or P.O. Address City State 42 5. Nature of Business 6. I certify that this Annual Report has been examined by me and is to the best of my knowledge true, correct and complete. Signature Date Name q=7 Title 0 • 'f 0 0 4- 4w- INSTRUCTIONS FOR THE IDAHO CORPORATION ANNUAL REPORT FORM A. Please correct any pre-printed information. Pay special attention to the MAILING ADDRESS. B. You may change the information in Block #2 regarding Registered Agent and Office on the annual report form. The registered office address must be the physical location at which the Registered Agent can normally be found during regular business hours. Please make any necessary changes on the form itself. It is not necessary to file a separate form or pay any filing fee. C. You must enter complete information in blocks 4 and 5. D. This report must be signed by an OFFICER of the corporation in block 6. The signature of a bookkeeper, office manager, accountant, agent or attorney is NOT sufficient. E. Return completed annual report form to: Pete T. Cenarrusa Secretary of State Room 203, Statehouse Boise, Idaho 83720 (208) 334-2300 DUE NO LATER THAN NOVEMBER 1 Garnet Beach Home Owners Association Proposal for Beach Improvements Proposed to the City of McCall Parks and Recreation Advisory Committee July 20, 7992 The first and foremost objective of the Garnet Beach Home owners Association is to keep any improvements to the area in harmony with the atmosphere of the Garnet Street neighborhood. one walk down the street will show how rustic and close to its natural state the area is. A sketch of the area shows that there are approximately 18 ponderosa pine trees, all are located within the right of way on Garnet Street. In view of the natural beauty of the area, the beach improvements should be simple, basic, and create recreational utility for the neighborhood and public. Another objective of the association is to meet the restrictions in the street easement granted by the Dewey Davis Estate. Enclosed is a sketch which outlines the proposed improvements to the Garnet Beach area. The improvements will be done so as to protect the environment and prevent erosion. We also will work closely with the City of McCall, Parks and Recreation and the Idaho Department of Public Lands to make sure we meet given requirements. The Garnet Beach Home Owners Association proposes: 1. Clear the beach of vegetation, up to 10 feet above the high water mark. The 10 feet mark has been studied and identified as the best point to prevent erosion. As the surface slope increases a cover should be maintained to prevent erosion on the higher ground. The association will also clear the beach of any debris and maintain a clean, healthy beach front. The association will also keep the vegetation on the higher slope cut back and in good condition. 2. Currently, the path to the beach is steep and not very easy to negotiate. The association will improve the path using railroad ties(or similar material) to make steps going to the beach so access is safer and also to prevent erosion. 3. The association proposes placing a dock on the beach front 10 feet from the southern most boarder of the right of way (refer to enclosed sketch). The dock will consist of three standard lengths, each approximately 20 to 25 feet. The construction will meet the requirements of the Idaho Department of Lands for docks and any other requirements placed by the City of McCall. We will also meet liability insurance requirements and build a safe dock. The dock can be used by the public, but only the association members can moor their boats to the structure. The expense of building and maintaining the dock will be the responsibility of the association. The objective of the Garnet Beach Home Owners Association is to gain more utility for the neighborhood and the public. We look forward to working with the City of McCall to provide a useful amenity to beautify the existing area. V U 6�oS/n�d P'41,d df°PSI bJ pvenoff Apt,t) 5W1 0)1 ! yy u b � M oil/ U s{iq 14a514120) S I_A VD -z 65/ 4/ n�' o z .71-0 06 id5oJoJc s../.1/VC2 aauoy 'y0wog ,za!q.i ii 9' /0ds40401 fie A, a0-la/La 7-"'a ,}� yfa)S • nivnos S S133HS 00Z 6BC•:P y DIVfIDC C Cli]IIC nni . AT-A7•vN " A R T I C L E S O F I N C O R P O R A T I O N O F G A R N E T T B E A C H H O M E O W N E R S ! A S S O C I A T I O N , I N C . T h e u n d e r s i g n e d , a c t i n g a s a n i n c o r p o r a t o r o f a c o r p o r a t i o n u n d e r t h e I d a h o N o n p r o f i t C o r p o r a t i o n s A c t , a d o p t s t h e f o l l o w i n g A r t i c l e s o f I n c o r p o r a t i o n f o r s u c h c o r p o r a t i o n : 1 . N a m e o f t h e C o r p o r a t i o n i s G a r n e t t B e a c h H o m e o w n e r s ' A s s o c i a t i o n , I n c . 2 . T h e C o r p o r a t i o n i s a n o n p r o f i t c o r p o r a t i o n . N o p a r t o f t h e a s s e s s m e n t s o r o t h e r m o n e y s c o l l e c t e d b y t h e C o r p o r a t i o n s h a l l i n u r e t o t h e b e n e f i t o f a n y m e m b e r o f t h e C o r p o r a t i o n . U p o n d i s s o l u t i o n , a n y u n e x p e n d e d f u n d s o n h a n d s h a l l b e r e t u r n e d t o t h e m e m b e r s i n t h e p o r t i o n c o n t r i b u t e d b y t h e m , b u t n o t i n e x c e s s o f t h e a m o u n t c o n t r i b u t e d b y a n y s u c h m e m b e r d u r i n g t h e l a s t y e a r o f e x i s t e n c e o f t h e C o r p o r a t i o n . T h e b a l a n c e , i f a n y , s h a l l b e c o n t r i b u t e d t o s u c h c h a r i t a b l e o r g a n i z a t i o n s a s m a y b e s e l e c t e d b y t h e o f f i c e r s o f t h e C o r p o r a t i o n . 3 . T h e p u r p o s e s f o r w h i c h t h e C o r p o r a t i o n i s f o r m e d a r e : a . T o f u l f i l l t h e n e e d s o f t h e G a r n e t t B e a c h S t r e e t n e i g h b o r h o o d . b . T o o r g a n i z e , c l e a n a n d m a i n t a i n t h e b e a c h a r e a w i t h i n t h e G a r n e t t S t r e e t r i g h t - o f - w a y i n a c c o r d a n c e w i t h M c C a l l c i t y p o l i c i e s . c . T o o b t a i n a n d m a i n t a i n a b o a t d o c k o n t h e G a r n e t t S t r e e t r i g h t - o f - w a y t o b e u s e d b y t h e n e i g h b o r h o o d , s p e c i f i c a l l y t h e C o r p o r a t i o n i n a c c o r d a n c e w i t h t h e M c C a l l a n d S t a t e o f I d a h o p o l i c i e s . 4 . T h e C o r p o r a t i o n i s t o h a v e p e r p e t u a l e x i s t e n c e . 5 . T h e l o c a t i o n a n d p o s t o f f i c e a d d r e s s o f t h e r e g i s t e r e d o f f i c e o f t h e C o r p o r a t i o n i s 2 0 1 W e s t J e f f e r s o n , B o i s e , A d a C o u n t y , I d a h o 8 3 7 0 2 . D a r r e l l C . L a r s e n i s t h e i n i t i a l r e g i s t e r - e d a g e n t . 5 . T h e C o r p o r a t i o n s h a l l i s s u e n o s h a r e s . I t s h a l l h a v e m e m b e r s t o b e e l e c t e d i n a c c o r d a n c e w i t h t h e B y - L a w s o f t h e C o r p o r a t i o n . 7 . T h e i n i t i a l B o a r d o f D i r e c t o r s o f t h e c o r p o r a t i o n s h a l l c o n s i s t o f t h r e e p e r s o n s t o b e a p p o i n t e d b y t h e i n c o r p o r a t o r w h o a r e t o s e r v e a s d i r e c t o r s u n t i l t h e f i r s t a n n u a l m e e t i n g o f m e m b e r s o r u n t i l t h e i r s u c c e s s o r s a r e e l e c t e d a n d q u a l i f y . S . T h e a n n u a l b u d g e t o f t h a C o r p o r a t i o n s h a l l b e a p p r o v e d b y a t w o - t h i r d s v o t e o f t h e m e m b e r s o f t h e C o r p o r a t i o n . T h i s p r o v i s i o n s h a l l n o t b e a m e n d e d e x c e p t u p o n t h e a f f i r m a t i v e v o t e of two-thirds of the members of the Corporation. y pay its shall pro rate poration. } shall ay in the B tawportion of the annual budget in somber Y- of the Corporation. aaattts®r IN WITNESS WHEREOF, I have set my hand this of M2/ L- , 1992. i 0a44...zee - v le2d..a7v INCORPORATOR Z U� day /c27 Z 8/ Z- go Ved ,26 r Er � 636 Gc� , e e i— Se) se .Zc,/ 4a (5*--r g ge)( 5 3 - Y3 7e' Ts 4/,9o/ Le r P‘1/a 93 y /S •39 1750.3 i STATE OF IDAHO DEPARTMENT OF LANDS Boise, Idaho OPERATIONS MEMORANDUM Number . 1750.3 15 June 1984 • STANDARDS FOR NON-COMMERCIAL NAVIGATIONAL f ENCROACHMENT LOCATION AND DIMENSIONS 1. PURPOSE: To establish a standard for regulating non-commercial navigationa encroachments. 2. REFERENCES: a. 58-104(9), Idaho Code. b. 58-142 et seq., Idaho Code. c. Rules for the Regulation of Beds, Waters and Airspace over Navigable Lakes in. the State of Idaho. d. Rules for the Regulation of Beds, Waters and Airspace over Navigable Streams in the State of Idaho. e. Shively v. Bowlby, 152 U.S. 1, (1894). f. Illinois Central Railway Co. v. Illinois, 146 U.S. 387 (1892). g. Ne-Pee-Nauk Club v. Wilson, 96 Wis. 290, 71 NW 661 (1897). 3. GENERAL: Many encroachment .applications (form DL 1750-77) are re- ceived by the State to place navigational encroachments which are larger than needed as an aid to navigation. Since the primary purpose of waterways is navigation, it is within the power of the State to regulate the construction of wharves, docks and buoys to prevent unreasonable interference with the public's right of navigation. The State's responsibility, under the public trust doctrine, is to protect the public's right of navigation by regulation of the size, location and dimensions of all encroachments located on or over beds of navigable waterways. 4. POLICY: Encroachment permits issued for aids to navigation shall restrict encroachment dimensions to the size needed as an aid to navigation (i.e. wharfage out to deep water). Applications for larger encroachments will be referred to the Chief, Bureau of Navigable Waters for processing and review, and if approved may be required to lease the portion of the state-owned lakebed covered by the encroachment which exceeds that necessary as an aid to navigation. 5. PROCEDURE: a. General: No non-commercial navigational encroachment shall be 1750.3 175C1.3 . J OPERATIONS MEMORANDUM 1750.3 (Continued) permitted to be installed which would prevent or restrict movement of vessels using presently existing facilities or facilities likely to be installed to serve adjacent properties. in width. b.. Docks will be approved according to the following specifications: 1) No portion of the dock, float or pier shall exceed ten feet 2) No portion of the approach ramp shall exceed six feet in width. Grp ? 3) Total deck area waterward of the ordinary high-water mark shall not exceed 700 square feet. 4) No portion of the docking facility shall extend more than 100 feet waterward of the ordinary high water line, or to a depth of ten feet, whichever is reached first. Shorter docks 'are encouraged whenever practical, and new docks shall be installed within existing dock lines. 5) Where feasible, all docks, piers or similar structures shall be constructed so as to protrude as nearly as possible at right angles to the general shoreline. 6) Multi -family docks and condominium docks will be referred to the Bureau of Navigable Waters .for processing. c. Only one mooring buoy will be allowed per upland private property ownership. Additional_ mooring buoys will only be considered in extenuating circumstances, and must be approved by the Chief, Bureau of Navigable Waters. 1) Buoy anchors shall be installed within existing dock lines. 2) Buoy anchors shall be installed a minimum of 30 feet away from adjacent property lines. d. Only four piling will be allowed per upland private property ownership. This limitation does not apply" to piling used in pier or station- ary dock construction. Piling installed under permit for booming or break- water facilities will .be_issued with a term stating that the general public cannot be excluded from use of those pilings as anchorage for the purpose of fishing or emergency moorage. e. Floating breakwaters which are used to protect private property (i.e. docks and vessels moored at the docks) shall be positioned such that they do not reasonably interfere with navigation. f. Boat launching ramps shall be built during low water periods whenever feasible to minimize environmental impact. g. Boat channels and basins are considered to be aids to navigation. Whenever dredging is proposed, including dredging in conjunction with exca- vating boat. channels and basins, the application will be forwarded to the Navigable Waters Bureau Chief for processing. 1750.3 - 2 1750.3 OPERATIONS MEMORANDUM 1750.3 (Continued) h. Shore stations will be placed as close to the ordinary ;high water mark as is possible and must be structurally. independent of the adjacent pier, float, or walkway. i. The. following types of encroachments are considered to be non - navigational, and must be referred to the Bureau of Navigable Waters for processing. Non -navigational encroachments must. meet public trust doctrine criteria and include but are not limited to the following: 1) Swim docks 2) Water ski courses. 3) Water ski jumps. 4) Bulkheads or seawalls located waterward of the high-water mark. 5) Floating or stationary sun decks. 6. SUMMARY: Every application for a non-commercial navigational en- croachment must be considered on its individual merits. If the Area office believes that unique circumstances warrant a variance from this OM, they will utilize the following procedure. a. Draft the encroachment permit with a designated countersignature block for the Bureau of Navigable Waters. b . Forward to the Bureau of Navigable Waters the original, and two copies of the permit, transmittal letter, and cover memo stating recommen- dations for the variance. c. The Bureau will review the permit and recommendations and take one of the following actions: 1) Countersign the permit and return a copy to the applicant and the Area office. 2) Notify the Area office why the application is denied and request the Area to notify the applicant. STANLEY F. HAMILTON Director 3 1750.3 f',t)*I f- �a p tit o s r AP1 Fo,E? 1.?fp5 1az28 or:TT faS1r ,. r92_11‘..trei fro, a1\/'`�"c� PY--49191 J% - - I .;r 06- • ,eott-eseie • x;ot, • 44- -- VO1 Ala He reviewed in detail the footings and foundations in his house and stated the City should adopt a policy to protect the citizens of McCall and fines be set in an ordinance or code for sub -standard construction. Bob Smith, City Engineer, stated the Uniform Code had been adopted and the City was striving for good inspections under the code. He reviewed the construction on a home as far as the cement slab in concerned, however, insulation is not part of the code. He did not request help but wanted to prevent further types of construction in this manner. He had been referred to the Council by the Planning and Zoning Commission. A discussion followed on the penalties to be provided and it was stated the present code provided for a misdeamorc for violations and a fine be levied. Bob Smith stated the building code was ammended on' the depth of foundations with a 24" minimums and snow loads of 100 pounds per square foot. Dunmeyer stated his home did not meeti,the code and assumed it had been met. It had been inspected and approved and should be inspected by the inspector. The Mayor stated the .City was attempting to enforce the Code and would make every effort to see that violations did not occur. Bob Smith and Dick Johnson, Land Surveyor, were present with a hard back copy of a resubdivision of Lot 15 of Timberlost #1. The proposal was presented at the last meeting and following discussion McDougal moved the plat be approved subject to •correction of the conditions in the radiuses being shown on:the corners. The:motion was a econded by AHardy and upon vote declared carried unanimously. Bob Smith stated the County would have a sealcoating con tract bid soon and that Bob Duncan, Airport Manager, had recommended the City sealcoat around the. gas pumps, 13,000 square yards were involved an estimated cost between $4,000.00 and $5,000.00. There followed a discussion.on including some City streets in .the Counatyybid. The Council proposed to call for bids with the County and would workaas A deductible alternate in case the work could not be completed. The oiling of the streets and chip supply for the street base were reviewed.' A letter from the State of Idaho on the ownership of the propel-ty- used in the Recreation Program was reviewed and Remaklus stated the City should retrun it•unsigned as the school was sponsoring the program at the time the monies were spent. The Attorney stated he would reply to the letter. '.'-Arius reriew.ad an Remaklus reviewed an Ordtunce on the adoption of the City Impact Area which had been prepared that the same ordinance should be cleared with Valley County to make sure the identical ordinance is passed. • ' Remaklus stated that a question had arisen as to the charging of impound fees for dogs which were picked up where the owners . live outside the City limits. It was the' opinion of the Attorney . that all impounding fees and board be charged on all dogs which were pickeduup. Remaklus. stated that as soon as the Impact Area is adopted the • Planning and Zoning Commission would have to be reorganized so that the area could be represented on the Planning and Zoning Commission based on a population base. - - - - McDougal stated that:he had.checked into -the ,do.cks at Davis9 -rti Utty - There_ a eared t_a ,Beach.wliich are ma'keu-'prizate=�--p-_.. ; . pp _ be a .private -dock on a public beach and some queations haver arisen to -'the use of -the dock and the beach: Mr"s. Dick Scott ;who -was present reviewed the history of the dock and the-1 ;posting of private -property signs. Uee_at.your ownrish:signe ,had been posted as -a protection against -any —injury on the dock.. Shea tated-she would like to keep the dock on -the basis of a i private dock -but -to -allow- public use. Two other _parties -have -"Tlir ChAEiPd-Ar-}iAVP_ helped-to-nav- for the dock located -on the' 171 ra-discussion-on.the-usage and maintainance of the beach_area.and dock�y ,use. -:McDougal stated he would check with Bill Petz_ak-with the Stated 1Land Department on the replacement of the:dock:I Lutes stated that Don Broughton had been hired as a new Police Officer for the City of McCall and his background and qualifications were reviewed. He stated there was a dog log in the Police Department for any. ones information. It was reported that the County would pave South Davis and the connectors into Rio Vista Subdivision on Third Street and Lardo. McDougal reviewed the portable restrooms on the Baseball diamonds whose use will be completed in a week or two and stated the Chamber of Commerce wanted to rise them over'Labor Day and also over the Winter. Carnival. The cost of $70.00 per month plus maintainance was reviewed versus the cost of buying them. for about $900.00 or a three year rental for the two restrooms. He reported there had been no problems with vandalism and Hugh Cooke who, was present stated they were well supervised and they should now be moved. The cost plus the service on a retail basis is about $150.0:0 per month for both facilities. Folkowingdiscussion McDougal moved to. purchase .the -two portable toilets for $450.00 each from the .Parks Department which motion was seconded by Lutes and upon vote declared carried unanimously. The Chamber of Commerce has asked for a Barbeque at the Baseball field and would like a toilet at • the park for that time. The request for work on the Baseball diamond and more topsoil fo: dirt and grass was projected .for next spring. The question was if a City employee could. do the wor.kkor if it shold be hired ,done. Hugh Cooke stated that he would be available to assist on any sprinttler installation. Hardy reported on a meetingRiahthe Federal Aviation.Agency and the State of Idaho on July 20, 1977, with. Mr. Austin and Mr. -Croft with. the FAIT and Worthy Rouser with the .State of Idaho__ Department' of Aeronautics.;' The question an maintaining the dirt runway was discussed at length and a 2 other members of the Airport Committee and Pilots Committee wenepresent. The opinion was for the closure of the runway and the necessary work for the closure has been started and the runways have been marked. Both Federal and State Agencies would like to see improvement in the lighting and they stated a 90% Federal Grant and.a 5% State Grant for funds for the airport master plan could be made available. The estimated cost was approximately $20,000.00 and the net cost to the City would be approximately $1,000.00. The State would assist with the lighting after the Master Plan was completed. A meeting was to be held with the Engineers as soon as. convenient. The matter of keeping the airport open year round was discussed and the snow conditions and past closures were reviewed and they would like a greater effort on the part of the City to keep it open longer. The Master Plan was necessary for any future Federal or;State Grants. The Airport Committee was now keeping minutes of- their meetings which were read. . { Remaklus reviewed the lease with Bill Dorris which had been submitted to the FAA and approval had been received. The RAWS weather station paperwork had been completed, 'Copies of the lease had been furnished to Bill Dorris and he had been instructed to get a building permit from the Planning and Zoning Commission for the hangar construction. A letter from the State of Idaho Department of Lads for permission to enlarge the building and install new docks at the Sports Marina was_read and the Planning and Zoning Commission had approved the L • /44, r - " >JJJ fey/ s. ✓ n. >w S' >weY/ sr>Jr/iu >urtr aJ�% 17,1 9 • s•> st/ >rcut+ svor/J9 >s// lam` xi moo/ /yam .Gc/0,4, a,-Je»b46 ..'vo {per • r., et2 rr from c) v , .oy�•. 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Jv+ Xi.•L/n/va cJ.>ioi S »u>4 . • 4U,p.i>y /+icr >4/ l vuioJ ,!<iv >f✓ % Aft. 52 .le//,o/r 1; .Y.i >u� /Agf uo6yO of// <e -�>uroJ /sv 7;,rk. �,/,o--otiy� »u>t! f••isOr -'r/ .x�ce ayJuo r�vvnui/r o.� Pur ;f>'l r�S' pse!• v// ti x �i /r>N >u e45Z, Jsau o 05'9 7/o.y7>r. P/r[' >//j ; o >/. „ �ce� aiy o ,.vJ•e�e� Fr ^ ;7',ro oS- »J J(/% 'din 92:7-ac47 amen >ip aJ /riiiwvm per^ -W Jo JJri-,f2,e.//// a/r' �' f�/J6t x% �� pmr ary uo frc> »ua/ lvJ/uun Pr c ��r7 fiy`'>'/� 717 a. r'rr� >,Vr ci7•7r/i>1•5. .1.pp:ff. '1 t �./• f 1D/: A, >u/ yJiou >y< >-'aq" fri op r1P 6vi�u>u�ru ' w..viir�+9r/‘Viisu12.2. 74'59 l::in .syyJy aP o44•75'/ e ic/f a<< N rom/ -1=' . yw/7 uo.G�.v� paruar/ c '>�orr, y »7 J .giro' O.% ./'9-/S 0 Jr T® 0 ® 0. 1 .7��1 S vl0 • -- C G c7 zi 0 ® b 0 U 0 E% 0 G 0 0 =r G O ' U 0 O G n 0 0 ESL! osY @ 0 O© O ) I ohr.a 0 Jr 0 c) 0 kz.) ♦ FdF' <, • V �4 n goy I i 1? �o i j- �5 n O ff O • O 0 O T 0 O O © A ® © .-, O ® O Q.) � G i_ 0 O 0 � c 0 Z c® o o-`t — © .. O O O G 0 Or" ,? ..FT ..V'4Q,-..sr ., .Sr .r.. J r ktb ,I LJCI `� G' . 1'kt Qf I J.• '73ro/ // McCALL August 29, 1995 Dear Dock Owner, CITY of McCALL It has come to the attention of the City Council that the docks at Davis Beach are in need of repair. This letter serves to remind you that as a property owner you are responsible for all such maintenance. I have enclosed a copy of Resolution 6-85 in the case that property ownership has transferred, or you have misplaced your copy. Note item 4 which states that the owners shall provide the City with evidence of liability insurance coverage. Please provide a copy of such as soon as possible. If you have any questions, please feel free to call me. Sincerely, Aco, Gary Shimun, City Manager 216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 J. SUBJEC MESSAGE /-J --p „, �Y'Ei�Llti-�fN� REPLY 'DEPARTMENT t c rorn CITY OF McCALL P.O. Box 1065 McCall, Idaho 83638 (208) 634-7142 DATE 7/3/sar-'DEPARTMENT i A-C---J c, t�Cli� y SIGNED 74/ DATE OF REPLY REPLY TO SIGNED 4. That the owners of said real property shall furnish to the City annually, evidence of no less that $100,000.00 liability insurance coverage for each of such docks. 5. That such docks shall be open .forl_publi:c—use, save and except that only the owners of the real property above de- scribed shall have the right to moor boats at such docks. 6. Transfer of the foregoing dock rights is prohibited except as follows: For each such dock, separately, dock rights may be only transferred from a lot to the remaining lots above described. Once dock rights have been transferred, dock rights to the specific lot from which such rights were transferred f� J. D r-LuvE, AUG 9 rig .16 These are the plans for the new docks at Davis Beach. They are considering changing their docks to better accommodate boats and make it safer for the swimmers. If they change their dock configuration they have to go through the process for the Idaho Dept of. Lands, pay $250.00 and $50.00 for advertising. Before they do so, they would like the city to approve the plans. The new dock would be a lot safer and these docks have been there since 1940's. It is part of the Parks and Rec Master Plan to fix these docks. I have no problem with either replacing the old dock with a new one or the new configuration. This has been going on for at least 7 years. We have a great opportunity to finally put this one to bed and build a better image for the city. This project is at no cost to the city. I have been working with homeowners on this for 3 months and we are finally "closing in" on correcting the problem. Let me know if I need to talk to city council or the mayor or the mayor and you or whatever. The homeowners are willing to meet with you too!. Thanks — Bob D 444 in in W W W W W W xxx V! V1 V! VI 0 0 •- Ci V ‘1. 441' : rC4n. /5.: neA rca GL.S_.. _. 6-kow.rt _.T.. _.:..,..2 2:.!;.:..,o.n 53:2:.,. I- /2 e.ac G, quo c-te . /87, 7 h Pzzr,. 7 hz-./ ime_dr 2 7 Si33HS 00Z Vbl-ZZ S133HS 00 l Zb 1-ZZ SIMS OS IV1,-ZZ f,. u it vJM / 1 Q/- 1f'0 1 1 0 I 0 I a i wwos a.»a)1b� y -HOMEOWNERS HOMEOWNERS POLICX X. .iriF:n GROUP ALLIED MUTUAL INSURANCE COMPANY DES MOINES, IOWA 50304 AGENCY JAMISON-DEAL INSURANCE AGENCY NAMPA, ID 4 CONTINUATION DECLARATIONS NAME INSURED AND ADDRESS KINZLER, CLARENCE KINZLER, BUD ROUTE 4, BOX 4455A NAMPA, ID 83651 POLICY NUMBER H 0000822505-1 Policy Period From:. 09.03-88 To: 09-03-89 12:01 A.M. Standard Time Effective Date of Change The described residence premises covered hereunder is located at the above address, unless otherwise stated herein. (No., street, city, state, Zip code) 610 AGATE MCCALL, ID 83638 PREVIOUS POLICY NUMBER H 0000822505-1 TO BE PAID BY.NAMED INSURED COVERAGE AND LIMITS OF LIABILITY SECTION I SECTION II A. DWELLING B. OTHER STRUCTURES C. PERSONAL PROPERTY D. LOSS OF USE E. PERSONAL LIABILITY F. MEDICAL PAY EACH PERSON 45,000 4,500 22,500 9,000 100,000 500 FOR LOSSES ARISING UNDER SECTION , WE WILL PAY ONLY THAT PART OF THE LOSS IN EXCESS OF $100. COVERAGE DESCRIPTION PREMIUM COVERAGES DESCRIPTION PREMIUM BASIC COVERAGE HO-3 04/84 SPECIAL FORM 187.00 H0300 11/87 H053 04/84 H0322 09/87 12526 07/87 SPCL PROVISIONS CREDIT CARD DAY CARE EX. REPL COST CONT TOTAL PREMIUM 10.00 197.00 12524 10/86 H041 04/84 12550 01/80 H0350 10/87 VALUE PROT PLAN ADD'L INSURED OTHER STRUCTURES SPCL PROVISIONS Additional Residence Occupied By Insured Mortgage Loss Payee or Other Interest Loan Number CITY OF MC CALL HOME FEDERAL SAVINGS & LOAN NAMPA, ID MC CALL, ID 83638 DIRECT BILL 0000 88202 MEMO COPY Authorized Representative 13,192 085052280 75 01576 Ai T3ED GROUP H03001D SPECIAL PROVISIONS SECTION I AND 11 - CONDITIONS 5. Cancellation. Paragraphs b.(1) and b.(2) are deleted and replaced by the following: b. We may cancel this policy only for the reasons stated below by letting you know in writing of the date cancel- lation takes effect. This cancellation notice may be delivered to you, or mailed to you at your mailing address shown in the Declarations. Proof of mailing will be sufficient proof of notice. 1) When you have not paid the premium, we may cancel at any time by letting you know at least 20 days before the date cancellation takes effect. } 2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by letting you know at least 20 days before the date cancellation takes effect. All other provisions of this policy apply. H03001D (11-87) H 0000822505 1 Copyright, Insurance Services Office, Inc., 1987 MEMO COPY 13,193 75 ( 1577) AT T:TF,T1 GROUP HO 322 (09-87) NO SECTION II -- LIABILITY COVERAGES FOR HOME DAY CARE BUSINESS LIMITED SECTION 1 -- PROPERTY COVERAGES FOR HOME DAY CARE BUSINESS If an insured regularly provides home day care services to a person or persons other than insureds and receives monetary or other compensation for such services, that enterprise is a business. Mutual exchange of home day care services, however, is not considered compensation. The rendering of home day care services by an insured to a relative of an insured is not considered a business. Therefore, with respect to a home day care enterprise which is considered to be a business, this policy: 1. does not provide Section II -- Liability Coverages because a business of an insured is excluded under exclusion 1.b.(1) of Section II -- Exclusions; 2, does not provide Section I -- Coverage B coverage where other structures are used in whole or in part for busi- ness; 3. limits coverage for property used on the residence premises for the home day care enterprise to $2,500, because Coverage C -- Special Limits of Liability -- item 9. imposes that limit on business property on the residence premises; 4. limits coverage for property used off the residence premises for the home day care enterprise to $250, because Coverage C -- Special Limits of Liability -- item 10. imposes that limit on business property off the residence premises. THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUCTION OF COVERAGE. HO 322 (09-87) H 0000822505 1 Copyright, Insurance Services Office, Inc., 1987 MEMO COPY 13,194 75 ( 1578) A7L7FD GROUP HO 350 (10.87) SUPPLEMENTAL PROVISIONS DEFINITIONS Definition 5. is deleted and replaced by the following: 5. "occurrence" means an accident, including continuous or repeated exp'osure to substantially the same general harmful conditions, which results, during the policy period, in: a. bodily injury; or b, property damage. SECTION I - PROPERTY COVERAGES Under COVERAGE C - Personal Property, Special Limits of Liability, item 2. is deleted and replaced by the following: 2. $1,000 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit includes the cost to research, replace or restore the information from the lost or damaged material. Under COVERAGE C - Personal Property, Property Not Covered, item 8. is deleted and replaced by the following: 8. business data, including such data stored in: a. books of account, drawings or other paper records; or b. electronic data processing tapes, wires, records, discs or other software media. However, we do cover the cost of blank recording or storage media, and of pre-recorded computer programs available on the retail market. Under ADDITIONAL COVERAGES: Item 1. Debris Removal is deleted and replaced by the following: 1. Debris Removal. We will pay your reasonable expense for the removal of: a. debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or b. ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged property, an additional 5% of that limit of liability is available for debris removal expense. 1 We will also pay your reasonable expense, up to $500 in the aggregate, for the removal from the residence premises of: a. your tree(s) felled by the peril of Windstorm or Hail; b. your tree(s) felled by the peril of Weight of Ice, Snow or Sleet (Forms HO-2, HO-3, HO-4 and HO-6 only); or c. a neighbor's tree(s) felled by a Peril Insured Against under Coverage C; provided the tree(s) damages a covered structure. HO 350 (10-87) H 0000822505 1 MEMO COPY 13,195 Page 1 of 5 75 ( 1579) AT T;TED coovr HO 350 (10.87) Item 2. Reasonable Repairs is deleted and replaced by the following: 2. Reasonable Repairs. In the event that covered proper% is damaged by an applicable Peril Insured Against, we will pay the reasonable cost incurred by you for necessary measures taken solely to protect against further dam- age. If the measures taken involve repair to other damaged property, we will pay for those measures only if that property is covered under this policy and the damage to that property is caused by an applicable Peril Insured Against. This coverage: a. does not increase the limit of liability that applies to the covered property; b. does not relieve you of your duties, in case of a loss to covered property, as set forth in Section I Condition 2.d. Item 7. Loss Assessment is deleted and replaced by the following: 7. Loss Assessment. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under Coverage A -- Dwelling, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption. This coverage applies only to loss assessments charged against you as owner or tenant of the residence premises. We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body. The limit of $1,000 is the most we will pay with respect to any one loss, regardless of the number of assessments. Condition 1. Policy Period, under Sections I and II Conditions, does not apply to the coverage provided by this endorsement. SECTION I - PERILS INSURED AGAINST The following perils are deleted from Form HO-6: 2. Windstorm and Hail; 6. Vehicles; 11. Falling Objects; 12. Weight of ice, snow or sleet; 13. Accidental discharge or overflow of water or steam; and replaced by the following: 2. Windstorm or Hail. This peril does not include loss to the inside of a building or the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard motors, only while inside a fully enclosed building. 6. Vehicles. This peril does not include loss to a fence, driveway or walk caused by 'a vehicle owned or operated by a resident of the residence premises. 11. Falling Objects. This peril does not include loss to the inside of a building or property contained in the building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not in- cluded. 12. Weight of ice, snow or sleet which causes damage to a building or property contained in the building. This peril does not include loss to an awning, fence, patio, pavement, swimming pool, foundation, retaining wall, bulkhead, pier, wharf, or dock. HO 350 (10-87) H 0000822505 1 MEMO COPY 13,196 Page 2of5 75 ( 1580) arr13En GROUP - -HO 350 (t0.87) 13. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a hous6ibld appliance. We also pay for tearing out and replacing any part of the building which is covered under Coverage A and on the residence premises, if necessary to repair the system or appliance from which the water or steam escaped. This peril does not include loss: a. to a building caused by constant or repeated seepage or leakage over a period of weeks, months or years; b. on the residence premises, if the unit has been vacant for more than 30 consecutive days immediately before the loss. A unit being constructed is not considered vacant; c. to the system or appliance from which the water or steam escaped; d. caused by or resulting from freezing except as provided in the peril of freezing below; or e, on the residence premises caused by accidental discharge or overflow which occurs away from the building where the residence premises is located. The following sentence is added to the peril, Accidental Discharge or Overflow of Water or Steam, in all Forms except HO-1 and HO-8: In this peril, a plumbing system does not include a sump, sump pump or related equipment. SECTION I - EXCLUSIONS Under Exclusion 3. Water Damage, paragraph b. is deleted and replaced by the following: b. water which backs up through sewers or drains or which overflows from a sump; or (In Form HO-3, this is item 1.c.(2).) SECTION I - CONDITIONS Under 2. Your Duties After Loss, paragraph f.(3) is deleted and replaced by the following: 3) submit to examination under oath, while not in the presence of any other insured, and sign the same. Under 3. Loss Settlement in Forms HO-1, HO-2 and HO-3, paragraph b.(4) is deleted and replaced by the following: 4) We will pay no more than the actual cash value of the damage unless: a) actual repair or replacement is complete; or b) the cost to repair or replace the damage is both: i) less than 5% of the amount of insurance in this policy on the building; and ii) less than $1000. SECTION II - LIABILITY COVERAGES Under Coverage E, Personal Liability, item 1. is deleted and replaced by the following in all Forms and Endorsement HO-73: 1. pay up to our limit of liability for the damages for which the insured is legally liable. Damages include prejudgment interest awarded against the insured. SECTION II - EXCLUSIONS Under item 1. Coverage E. - Personal Liability and Coverage F. - Medical Payments to Others, item b. is deleted and replaced by the following in all Forms and Endorsement HO-73: HO 350 (10-87) H 0000822505 1 MEMO COPY 13,197 Page 3 of 5 75 ( 1581) ALEILMED. GROUP - HO 350-(10=87y b.(1) arising out of or in connection with a business engaged in by an insured. This exclusion applies but is not limited to an act or omission, regardless of its nat�?e or circumstance, involving a service or duty rendered, promised, owed, or implied to be provided because of the nature of the business; b.(2) arising out of the rental or holding for rental of any part of any premises by an insured. This exclusion does not apply to the rental or holding for rental of an insured location: i) on an occasional basis if used only as a residence; ii) in part for use only as a residence, unless a single family unit is intended for use by the occupying family to lodge more than two roomers or boarders; or iii) in part, as an office, school, studio or private garage; Under item 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others, the following exclusion is added to all Forms and Endorsement HO-73: i, which arises out of the transmission of a communicable disease by an insured. (This is exclusion j, in HO-73.) Under item 2. Coverage E - Personal Liability, item a.(1) is deleted and replaced by the following in all Forms and Endorsement HO-73: 1) for any loss assessment charged against you as a member of an association, corporation or community of property owners; SECTION II - ADDITIONAL COVERAGES Under item 1. Claim Expenses, paragraph e. is deleted. Under 3. Damage to Property of Others, item e.(1) is deleted and replaced by the following: 1) a business engaged in by an insured; Item 4. Loss Assessment is deleted and replaced by the following: 4. Loss Assessment. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of: a. bodily injury or property damage not excluded under Section II of this policy; or b. liability for an act of a director, officer or trustee in the capacity as a director, officer or trustee, provided: 1) the director, officer or trustee is elected by the members of a corporation or association of property owners; and 2) the director, officer or trustee serves without deriving any income from the exercise of duties which are solely on behalf of a corporation or association of property owners. This coverage applies only to loss assessments charged against you as owner or tenant of the residence premises. We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body. Regardless of the number of assessments, the limit of $1,000 is the most we will pay for loss arising out of: a. one accident, including continuous or repeated exposure to substantially the same general harmful conditions; or b. a covered act of a director, officer or trustee. An act involving more than one director, officer or trustee is con- sidered to be a single act. HO 350 (10-87) H 0000822505 1 MEMO COPY 13,198 Page 4 of 5 75 ( 1582) AL'T_7F_D GROUP FIO 350 (10-87) The following do not apply to this coverage: 1. Section II - Coverage E - Personal Liability Exclusion 2.a.(1); 2. Condition 1. Policy Period, Under Sections I and II Conditions. SECTION II - CONDITIONS Item 1. Limit of Liability, is deleted and replaced by the following: 1. Limit of Liability. Our total liability under Coverage E for all damages resulting from any one occurrence will not be more than the limit of liability for Coverage E as shown in the Declarations. This limit is the same regardless of the number of insureds, claims made or persons injured. All bodily injury and property damage resulting from any one accident or from continuous or repeated exposure to substantially the same general harmful conditions shall be considered to be the result of one occurrence. Our total liability under Coverage F for all medical expense payable for bodily injury to one person as the result of one accident will not be more than the limit of liability for Coverage F as shown in the Declarations. SECTIONS I AND II - CONDITIONS Item 2. Concealment or Fraud, is deleted and replaced by the following: 2. Concealment or Fraud. The entire policy will be void if, whether before or after a loss, an insured has: a. intentionally concealed or misrepresented any material fact or circumstance; b. engaged in fraudulent conduct; or c. made false statements; relating to this insurance. Item 3. Liberalization Clause is deleted and replaced by the following: 3. Liberalization Clause. If we make a change which broadens coverage under this edition of our policy without ad- ditional premium charge, that change will automatically apply to your insurance as of the date we implement the change in your state, provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented through introduction of a subsequent edition of our policy. All other provisions of this policy apply. HO 350 (10-87) H 0000822505 1 Copyright, Insurance Services Office, Inc., 1987 Page 5 of 5 MEMO COPY 13,199 75 ( 1583) ALLIED 6ttot)v HOMEOWNERS POLICY I ALLIED MUTUAL INSURANCE COMPANY DES MOINES, IOWA 50304 AGENCY JAMISON-DEAL INSURANCE AGENCY NAMPA, ID 166 - a y65 CONTINUATION DECLARATIONS *** MEMO -COPY *** NAME INSURED AND ADDRESS KINZLER, CLARENCE KINZLER, BUD ROUTE 4, BOX 4455A NAMPA, ID 83651 R075 085052280 D000000000 PRT PG 0377 POLICY NUMBER H 0000822505-1 Policy Period From: 09-03-87 To: 09-03-88 12:01 A.M. Standard Time Effective Date of Change The described residence premises covered hereunder is located at the above address, unless otherwise stated herein. (No., street, city, state, Zip Code) PREVIOUS POLICY NUMBER H 0000822505-1 610 AGATE MCCALL, ID 83638 TO BE PAID BY NAMED INSURED COVERAGE AND LIMITS OF LIABILITY SECTION I SECTION II A. DWELLING B. OTHER STRUCTURES C. PERSONAL PROPERTY D. LOSS OF USE E. PERSONAL LIABILITY F. MEDICAL PAY EACH PERSON 45,000 4,500 22,500 9,000 100,000 500 FOR LOSSES ARISING UNDER SECTION , WE WILL PAY ONLY THAT PART OF THE LOSS IN EXCESS OF $100. COVERAGE DESCRIPTION PREMIUM COVERAGES DESCRIPTION PREMIUM BASIC COVERAGE HO-3 04/84 SPECIAL FORM 187.00 H0300 10/86 H053 04/84 H0322 09/85 12526 12/81 SPCL PROVISIONS CREDIT CARD DAY CARE EX. REPL COST CONT TOTAL PREMIUM 10.00 197.00 12524 10/86 H041 04/84 12550 01/80 VALUE PROT PLAN ADD'L INSURED OTHER STRUCTURES Additional Residence Occupied By Insured Mortgage Loss Payee or Other Interest '.oan Number — ,( 01:4- t0-CA - CITY OF MC CALL MC CALL, ID • 83638 HOME FEDERAL SAVINGS & LOAN NAMPA, ID Authorized Representative CERTIFICATE OF INSURANCE SET TAB STOPS AT ARROWS ISSUEDATE(MM/DD/YY)' Mar 25,..1987- PRODUCER Jamison -Deal Insurance•Agency, 312 3rd St:' South- • -Nampa) Idaho '183651 THIS CERTIFICATE IS ISSUED.. -AS A MATTER OF INFORMATION ONLY AND CONFERS • :_NO RIGHTS.UPON THE CERTIFICATE HOLDER.:THIS CERTIFICATE DOES NOT AMEND,' _ :s EXTEND OR ALTER THE COVERAGE AFFORDED BY THE.POLICIES-BELOW. . COMPANIES AFFORDING" COVERAGE COMPANY "-A LETTER Allied Insurance Company COMPANY B LETTER COMPANY C LETTER INSURED Clarence &.Bud Kinzler Route #4, Box 4455 A Nampa, Idaho 83651 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ` NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT -OR -OTHER DOCUMENT -WITH RESPECT"TO-WHICH'THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. • CO LTR TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE DATE (MWDD/YY) POLICY. EXPIRATION DATE (MM/DONY)- LIABILITY LIMITS IN THOUSANDS EACH ' OCCURRENCE AGGREGATE _ GENERAL_ LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY Premises Liability H0822505 - 9/3/86 9/3/87 BODILY INJURY $ $ — PROPERTY DAMAGE $ — _, BI & PD COMBINED $ 1 $- 1 — _ PERSONAL INJURY _ x AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS•(PRIV. PASS.) ALL OWNED AUTOSOTHER THAN 1• PIN. PASS. / HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY _ BODILY B{IURY (PER' PERSON) $ . SHY (PER ACgpENT) $ ._ _ _ PROPERTY DAMAGE qIII _ BI & PD COMBINED Q — EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM - BI & PD COMBINED $ R• • WORKERS' COMPENSATION . ' AND EMPLOYERS' LIABILITY • STATUTORY $ (EACH ACCIDENT) (DISEASE POLICY. LIMIT) . $ (DISEASE -EACH EMPLOYEE) OTHER - DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL:ITEMS Boat Dock, McCall, Idaho CERTIFICATE HOLDER ACORD 25 (2/84) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE- THEREOF; THE ISSUING COMPANY WILL ENDEAVOR TO MAIL in DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE" LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY • :OF ANY KIND UPON COMPANY, ITS Ai TS OR REPRESENTATIVES. AUTHORIZE • '� PRErATIV c- IIR/ACORD CORPORATION 1984 - ; t r. - .. _ .�. - " . " A I D 4 1 1 : 1 1 P R O D U C E R P U T N A M , K N U D S E N & W I E K I N G P 0 B O X 4 0 4 7 C O N C O R D C A 9 4 5 2 4 - 4 0 4 7 I S S U E D A T E ( M M / D D / Y Y ) n 0 8 / 3 0 / 9 5 T H I S C E R T I F I C A T E I S I S S U E D A S A M A T T E R O F I N F O R M A T I O N O N L Y A N D C O N F E R S N O R I G H T S U P O N T H E C E R T I F I C A T E H O L D E R . T H I S C E R T I F I C A T E D O E S N O T A M E N D , E X T E N D O R A L T E R T H E C O V E R A G E A F F O R D E D B Y T H E P O L I C I E S B E L O W . C O M P A N I E S A F F O R D I N G C O V E R A G E C O M P A N Y A C O N T I N E N T A L I N S U R A N C E C O L E T T E R I N S U R E D R I C H A R D W . S C O T T 6 2 4 9 M E L V I L L E D R I V E D A K L A N D , C A 9 4 6 1 1 - 1 7 2 6 C O M P A N Y L E T T E R C O M P A N Y c L E T T E R C O M P A N Y L E T T E R C O M P A N Y E L E T T E R " . . . . . T H I S I S T O C E R T I F Y T H A T T H E P O L I C I E S O F I N S U R A N C E L I S T E D B E L O W H A V E B E E N I S S U E D T O T H E I N S U R E D N A M E D A B O V E F O R T H E P O L I C Y P E R I O D I N D I C A T E D - N O T W I T H S T A N D I N G - A N Y - R E Q U I R E M E N T - T E R M O R - C O N D I T I O N O F A N Y - C O N T R A C T O R O T H E R D O C U M E N T W I T H R E S P E C T T O W H I C H T H I S _ E X C L U S I O N S M A Y C O N D I T I O N S R M A Y P E R T A I N ; T H E ' I N S U R A N C E A F F O R Y T H E P O L I C I E S D E S C R I B E D H E R E I N I S S U B J E C T T O A L L T H E T E R M S , A N D O F S U C H P O L I C I E S . L I M I T S S H O W N M A Y H A V E B E E N R E D U C E D B Y P A I D C L A I M S . L ' O - T R T Y P E O F I N S U R A N C E P O L I C Y N U M B E R P O L I C Y E F F E C T I V E D A T E ( M M / D D / Y Y ) P O L I C Y E X P I R A T I O N D A T E ( M M / D D / Y Y ) L I M I T S G E N E R A L L I A B I L I T Y C O M M E R C I A L G E N E R A L L I A B I L I T Y M A I M S M A D E 1 - 7 0 C C U R . O W N E R ' S & C O N T R A C T O R ' S P R O T . X C O M P R E H E N S I V E P E R S L I A B I L I T Y A U T O M O B I L E L I A B I L I T Y A N Y A U T O A L L O W N E D A U T O S S C H E D U L E D A U T O S H I R E D A U T O S N O N - O W N E D A U T O S G A R A G E U A B I U T Y P C P 8 0 3 2 4 7 2 0 6 / 0 7 / 9 5 0 6 / 0 7 / 9 6 G E N E R A L A G G R E G A T E P R O D U C T S - C O M P / O P A G G . P E R S O N A L & A D V . I N J U R Y E A C H O C C U R R E N C E F I R E D A M A G E ( A n y o n e f i r e ) $ 1 , 0 0 0 , 0 0 0 M E D . E X P . ( A n y o n e p e r s o n ) 5 , 0 0 0 C O M B I N E D S I N G L E U M I T B O D I L Y I N J U R Y ( P e r p e r s o n ) B O D I L Y I N J U R Y ( P e r a c c i d e n t ) P R O P E R T Y D A M A G E E X C E S S L I A B I L I T Y - 1 U M B R E L L A F O R M O T H E R T H A N U M B R E L L A F O R M W O R K E R ' S C O M P E N S A T I O N A N D E M P L O Y E R S ' L I A B I L I T Y E A C H O C C U R R E N C E A G G R E G A T E S T A T U T O R Y - U M I T S - - - E A C H A C C I D E N T D I S E A S E - P O L I C Y u m r r D I S E A S E - E A C H E M P L O Y E E O T H E R D E S C R I P T I O N O F O P E R A T I O N S / L O C A T I O N S / V E H I C L E S / S P E C I A L I T E M S D A V I D B E A C H D O C K , M C C A L L , I D A H O 8 3 6 3 8 t v E F t 1 . I F I . C I T Y O F M C C A L L C I T Y M G R : G A R Y S H I M U N C I T Y H A L L M C C A L L I D 8 3 6 3 8 M i S H O U L D A N Y O F T H E A B O V E D E S C R I B E D P O L I C I E S B E C A N C E L L E D B E F O R E T H E g i E X P I R A T I O N D A T E T H E R E O F , T H E I S S U I N G C O M P A N Y W I L L E N D E A V O R T O i R M A I L 0 D A Y S W R I T T E N N O T I C E T O T H E C E R T I F I C A T E H O L D E R N A M E D T O T H E L E F T , B U T F A I L U R E T O M A I L S U C H N O T I C E S H A L L I M P O S E N O O B L I G A T I O N O R L I A B I L I T Y O F A N Y K I N D U P O N T H E C O M P A N Y , I T S A G E N T S O R R E P R E S E N T A T I V E S . A U T H O R I Z E D R E P R E S E N T A T I V E Z O R P O R A T I the,'hon Vale, 9T9t8 3 '-4�410 OPR R ti"trE INSURANCE AGENGY;INCr �3iMam� P4l:Wx ,x Nwo1ID 83672 208 $4901a -James and C. Warren Farmer ~PO Box 1585 Nyssa OR 97913 RE: Liability Insurance for Docks at Davis Beach and Lucks Point, McCall ID Dear Jim and Warren, Thank you for your inquiry about Liability Insurance coverage for the docks which you own. Your Package Policy with Unigard Insurance Company extends liability coverage to your docks as part of your owned premises. Your limit of $2,000,000 which includes the excess liability policy would apply to protect you. If you need any further information or verification in the form of a Certificate of Insurance, please feel free to contact our office. uhriman lack & eavitt INSURANCE AGENCY AUTO - LIFE - PROPERTY Phone (208) 327-3400 Fax (208) 327-3462 The "BRAND" Of Excellence September 8, 1995 GARY SHIMUN CITY OF MCCALL PO BOX 1065 MCCALL, ID 83638 RE: Policies # PPD274778 & PPD209425 POLICY: PPD209425 INSURED: H. Kay Howard 8436 Fairview Ave, Boise, Idaho 83704 Dear Mr. Shimun: Mr. Kay Howard, a property owner in McCall, has been requested by you to provide evidence of liability on a boat dock which is under the control and care of him. We write a homeowners policy for the Howards which would provide them with liability insurance on this dock. As I understand the situation the Howards own this boat dock in unison with other property owners in his subdivision. Our policy will only apply to the Howard's interest in the boat dock and the other owners will each have to carry their own insurance policy to protect their interests. I am including copies of the dec pages of the Howard's homeowners policies which shows a personal liabilitu limmit of $300,000. You will note that there are two dec pages with the primary location here in Boise showing the liability limits and the second one shows only a property limit on the McCall The liability extends off the primary location in as much as there only has to be one liability coverage part but .two property limits since there are the two separate homes to be insured. I trust this is sufficient evidence of liability insurance for your purposes. Sincerely, Max C. Black MCB:JAE cc: H. Kay Howard * HARRISON T. MC ARTHUR * AGENT Auto -Life -Health -Home and Business PO BOX 645 101 EAST LAKE STREET -SUITE #4 MCCALL, ID 83638 PHONE (208) 634-2481 September 25, 1995 GARY MCCALL CITY MANAGER SHIMUN PO BOX 1065 MCCALL, ID 83638 DEAR MR. SHIMUN, THIS LETTER IS IN REGARDS TO A RECENT LETTER SENT BY YOU TO MR. JACK DOUGLAS CONCERNING HIS PART OWNERSHIP OF A DOCK LOCATED AT DAVIS BEACH IN MCCALL. YOU REQUESTED EVIDENCE OF LIABILITY INSURANCE COVERAGE BE PROVIDED TO THE CITY OF MCCALL. PLEASE FIND ENCLOSED ACOPY OF MR. JACK DOUGLAS'S CURRENT IN FORCE HOME- OWNERS POLICY ON PROPERTY LOCATED AT 605 DIAMOND ST. HERE IN MCCALL. PLEASE NOTE HE HAS CURRENT PERSONAL LIABILITY COVERAGE IN THE AMOUNT OF $100,000 WHICH WOULD EXTEND TO ANY STRUCTURE USED BY THE INSURED IN CONNECT ION WITH THE RESIDENCE PREMISES. HOWEVER, LIABILITY PROTECTION IS PROVIDED ONLY ON A PRO-RATA BASIS DUE TO MULTIPLE OWNERSHIP OF THE DOCKS. I HOPE THIS PROVIDES THE EVIDENCE OF INSURANCE COVERAGE YOU REQUESTED. IF WE CAN BE OF FURTHER ASSISTANCE PLEASE FEEL FREE TO CALL OR WRITE. Sin 'rely, 0-1 ritcC-A--C, ARRISON T. MC ARTHUR- AGENT SlN3 lSO3 lJ]8 38 lJO ON] �8OlVON]NV ty'3T].::i N8O.J lVI3]JS C36Z.-J� SlN]N]S8OON] ONV SN8O� :NOIlVN8O.JNI 0NIlN0033V �S]SVSS]N 8]J llV OO]IlJJV S]l8Il3OO]O 66 S]S JX] OOOT S8]J/O]N-H JO8J Ol 8NO TO �S]IlINV� 39 ll8 '..I q 53SVl3 lO8J CO Z ]NV8.::I �lSNO3 SSOl l3V ]SD SSOl-3 O9 J88J S8]J 8 /N]8J 'A]8J O98Z" lX] ll]MO OOO'9� ��SI8 'A]8J O098� SNIll]MO-V NOIlVN8O�NI ]SV8]AO3 OO'393 �NOIN]8J �6-C3-AON �OIVJ ]lVO � ' O]NOH 00'393 �OIVJ lNDONV lNO3 N8]l �8 OSMIT :Ol llI8 Z. �3 $N]8%OT/CT $ V11%9 �lN003SIO 8C968 tlPl yOCC-3O�C8 OI ]SIO8 lS` lS Hl�T N TOOT 4� � �OSSI 8� �J �66T '�3 8]8N]l6]S IC141-1111H11V1YV-IIL1 L111.1LV ALL I III," I1lIIIVII , 1 1. '0IVIEOWNERS PROTECTOR PLUS insured when policy is held by mortgagee or other party. FARMERS INSURANCE COMPANY Declarations Reflect AMENDED DECLARATIONS • olicy Period — From (not prior to time applied. for) Named Insured & Mailing Address °cation or i escription of. remises nsured - ortgagee or i ther nterest imits of. " nsurance ($) Premiums ($) OF IDAHO, ?1'CATi=LL09 IDAHO Loan AGENT—'; BR.00KS INS AGCY INC—PH 308/37S-8161 No. It 09-11-9 5 To 10-07-96 at 12 01 AM Standard Time at described residence premises If checked here, this policy will continue for successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. GAAY R. NEWBY PATRICIA A NEWBY 4133 LA MESITA WAY BLISP TD 311702. Same as mailing address unless otherwise stated: 41133 NORTH LA MESITA---WAY.BOTS-E ID 83702--- : 2Nb. MTG LOAN No.: We provide insurance only -for those coverages indicated by a specific limit or other notation. Policy Number i.91174'74 7 Agent 75-33-3<80 SECTION - PROPERTY SECTION II _ LIABILITY OTHER A - Dwelling or Mobile Home PS:0.r000 B - Separate (Other) Structures 35,000 C - Personal Property 187,500 D - Loss Of Use 13;,000 E - Personal Liability ea occcTu rr ern`1ce F :Medical Pay EXTD - REPL COST To Others H - - P Q O ',; FLOATER - COMPUTER 5 000 each person Deductibles ortgagee's Policy ' Discounts Construction: Bid I CK No. of Units is: 001 Insured is: OWNER Protection Class: 0 Premium Group: Territory: 01 Premium First Year 470.00 ROOT: ASPHALT Total Prepaid Premium Additional Premises - Section II - Purpose of use is residential, unless stated otherwise.. . 602 S LICK CREEK ;?D MCCALL IO 83638 SEASONAL Outboard Motors over 25 h.p. (Singly b(Cbrnbined) _-: Section. II' MOTOR A ® MOTOR B 0- Subectto E-4?07 1FD . E6.401, 3ED F6018 L�Li the following E6008 LED ti61u _10D I;61Gc LEf, Forms and 57581 ?r:.il S7504 LF-O • E4170 +QED Endorsements =611 0C' E6047A lED - • E6 ` 33 1ED • Deductible - Cov A, B or C $ � =E - Exce tion:n I es to l 1LD _ �, p I I If checked here a deductible of $250 applies to loss for certain perils In case of a loss under COv. A, B, or C, we cover only that part of the total loss over the deductible stated. "For Landlords Protector, Coverage D is Loss of Rents, Coverage E is Business Liability. -. 04 tin of Issuance Mailed To _ P.U. BSA c POCATELLOi :IDA. 33201 -� NON—SM(_KERp t`-1EW HOME? 50 PLUS, AUTO/HOME. This Declarations page is part of your policy. It supersedes and controls anything to the - .,. is otherwise subject to all of terms of the policy. Count 56-5299 3-95 See reverse side for Lender's Loss Payable End. te- DETACH HERE - • - 57 94 FiVi i1TE S —EN .S•Ui ATIv C-L= —tc!5M FA gT —t.Tr —T"Ij A r i CI ' From 09-11-95 To 10-07-96 at 13_ Named Insured & Mailing Address FARMS 01 Air? Standard Time at described residence premises Loan No.: Mail Remittance To: P.O. BOX 149174 AUSTINT TEXAS 7,017114 GARY R NT=!4BY PATRICIA A NEWBY 4133 LA MESITA WAY BOISE Ili 8370J 09—_ 5-9 c i 1.Date: 09-35-95 thorized Representative J-94 1125 Policy Number F 91174 74 7S Agent I► 75-33-380 96037591174747504L8000000001 Premium $ Memb. Fee or Pol. Fee $ PRE-VIiOUS BALANCE $ Payments or uredits $ Credit For Existing Ins. $ Total DUE � $ ' I ❑ Premium is paid annually unless f1X'd" here.. 465.00 468..00 FI The endorsement shown below applies only if indicated in the Declarations on the reverse side. Further, it applies only, to buildings insured under Coverages A and B. As to Coverages .A and B, it replaces the Mortgage Clause in Section I Conditions of the policy. Form 438BFU NS — - __ LENDER'S LOSS PAYABLE ENDORSEMENT ' (Rev. May 1, 1942) x . 1. Loss or damage, if any, under this policy, shall be paid to the Payee named in the Dedarations ofthis polio its successors and assigns;tereinafter= referred to as "the Lender", in whatever form or capacity its interests may appear and whether said interest be vested in said Lender.in its individual or in its disclosed or undisclosed fiduciary orrepresentative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the .subject of the insurance or the interest therein, or the title thereto; (b). by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including any and all riders now or hereafter attached thereto, by the named insured, the borrower,, mortgagor, trustor, vendee, owner, tenant,' warehouseman, custodian, occupant, or by the agents of either or any of them or by. the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or pf any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts of ornissions of the Lender while exercising active control and management of the property. 3. In the; event of failure of the insured to pay any premium or additional premium which shall be• or become due under the terms of this policy or on account of any change in occupancy -or increase in.hazard not permitted by this policy, this .Company agrees'to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefor. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not.be terminated before ten (10) days after receipt of said written, notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum. for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive, a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the - •proportion of such_ loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by; the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is Hereby nullified, and also any Contribution Clause in any other endorsement or. rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro• rata with all other insurers contributing to said payment) to all of the Lender's rights of contribution under said other insurance. . 6. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This policy. shall remain .in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by someinsurance company and accepted by the Lender. • -8. Should legal title to and beneficial ownership of any of the property. covered .under this policy become vested •in the Lender or its agents, insurance under this policy shall continue .for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by.the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shati.&:mailed to or delivered to the Lender at its office or branch described in the.Declarations of the policy. Approved, Board of Fire Underwriters of the Pacific, { California Bankers' Association, • Committee on Insurance. Q' T R U C K I N S U R A N C E Q' F A R M E R S I N S U R A N C E , E i F I R E I N S U R A N C E Q' M U - C E N T U R Y E X C H A N G E E X C H A N G E - E X C H A N G E I N S U R A N C E C O M P A N Y C E R T I F I C A T E O F I N S U R A N C E 9 1 1 7 4 7 4 7 5 P o l i c y N o . W h e n c o u n t e r s i g n e d b y a n a u t h o r i z e d r e p r e s e n t a t i v e o f t h e C o m p a n y , t h i s c e r t i f i c a t e s u p e r s e d e s a n y p r e v i o u s l y i s s u e d c e r t i f i c a t e s a n d c e r t i f i e s t h a t t h e f o l l o w i n g p o l i c y ( i e s ) h a v e b e e n i s s u e d t o t h e i n s u r e d f o r t h e c o v e r a g e i n d i c a t e d . T h i s c e r t i f i c a t e o r v e r i f i c a t i o n o f i n s u r a n c e i s n o t a n i n s u r a n c e p o l i c y a n d d o e s n o t a m e n d , e x t e n d o r a l t e r t h e c o v e r a g e a f f o r d e d b y t h e p o l i c i e s l i s t e d h e r e i n , N o t w i t h s t a n d i n g a n y r e q u i r e m e n t , t e r m , o r c o n d i t i o n o f a n y c o n t r a c t o r o t h e r d o c u m e n t w i t h r e s p e c t t o w h i c h t h i s c e r t i f i c a t e o r v e r i f i c a t i o n o f i n s u r a n c e m a y b e i s s u e d o r m a y p e r t a i n , t h e i n s u r a n c e a f f o r d e d b y t h e p o l i c i e s d e s c r i b e d h e r e i n i s s u b j e c t t o a l l t h e t e r m s , e x c l u s i o n s a n d c o n d i t i o n s o f s u c h p o l i c i e s . S T A T E D I S T . A G E N T 7 5 3 3 3 8 0 C e r t i f i c a t e i s s u e d t o C I T Y O F M C C A L L A T T N : C I T Y M A N A G E R P O B O X 1 0 6 5 M C C A L L I D $ 3 6 3 8 N a m e a n d m a i l i n g a d d r e s s o f I n s u r e d : G A R Y R N E W B Y P A T R I C I A A N E W B Y 4 1 3 3 L A M E S I T A W A Y B O I S E I D 8 3 7 0 2 L o a n # : P e r i l s i n s u r e d a g a i n s t : Q' O p t i o n a l P e r i l s R i s k L e a k a g e $ 2 5 0 D e d . , a p p l y i n g t o A L L P E R I L S t A F i r e & L i g h t n i n g Q' A l l 4 1 E x t e n d e d C o v e r a g e �% S p r i n k l e r �%a V a n d a l i s m & M a l i c i o u s M i s c h i e f �% L o c a t i o n o f p r o p e r t y c o v e r e d ( S a m e a s m a i l i n g a d d r e s s u n l e s s o t h e r w i s e s t a t e d ) : 0 ) 4 1 3 3 N O R T H L A M E S I T A W A Y B O I S E I D 8 3 7 0 2 ( 2 ) ( 3 ) ( 4 ) T e r m F r o m T o C o v e r a g e & L o c a t i o n s A m o u n t o f I n s u r a n c e 9 - 1 1 - 9 5 E N C o n t i n u o u s u n t i l c a n c e l l e d i f b o x " X " d . S P , B $ 2 5 0 , 0 0 0 L e g e n d : S P - S p e c i f i c i n s u r a n c e . B - B u i l d i n g ( s ) 1 - L o c a t i o n # 1 B L - B l a n k e t i n s u r a n c e B E - B u i l d i n g ( s ) & E q u i p m e n t 2 - L o c a t i o n # 2 R - R e p o r t i n g f o r m - a m o u n t o f i n s . E - E q u i p m e n t 3 - L o c a t i o n # 3 s h o w n i s l i m i t o f l i a b i l i t y f o r E S - E q u i p m e n t & S t o c k 4 - L o c a t i o n # 4 a l l c o n t r i b u t i n g i n s u r a n c e S - S t o c k A - A l l l o c a t i o n s Q' M o r t g a g e e C l a u s e ( r e q u i r e s 1 0 d a y w r i t t e n n o t i c e o f c a n c e l l a t i o n t o m o r t g a g e e ) C e r t i f i c a t e ) i f a n y , p a y a b l e t o t h e p a r t y t o w h o m t h i s C e r t i f i c a t e i s i s s u e d , c m i O t h e r p a y e e c l a u s e ( c o p y a t t a c h e d t o t h i s P o l i c i e s c o n t a i n c l a u s e i n d i c a t e d a b o v e . L o s s , u n l e s s o t h e r w i s e n o t e d b e l o w . F A R M E R S ' k . s . G A O U P f E ��, . ����r . . . _ . c e r t i f y t h a t t h e a b o v e d e s c r i b e d p o l i c i e s e x i s t a n d c o v e r o n l y i n a c c o r d a n c e w i t h t h e p o l i c y t e r m s . C o u n t e r s i g n e d 5 6 . 2 0 7 4 1 2 . 9 0 M O R T G A G E E ' S C O P Y C o n t i n u e d o n r e v e r s e s i d e u t h o r i z e d R e p r e s e n t a t i v e D a t e F - 9 4 . 1 6 1 Form .138B,PU NS LENDER'S LOSS PAYABLE ENDORSEMENT Tiev. Mayt, 1942) x 1 t ;-y•r f any palLi to !he Peo,rPe named Oil the first page of this poiicy., 1.3 sts and refc.,.rod, "Cr.E. virali-Ncr capacrry ma,/ Eippe,_, and .,,vh,:i1'16-;r sato in s,Thd c3" JE111,::fkivisc, Lender Y. • ,31,,V , 11,D .ts ,.,-.?•:7.0e.1.-:hrig the awr,c...Fhl) ;,, tly [1,'y vi,tt!r, Oi• clr ,f ,), cc' it tr icluiiir;.„, ;,:f .1, „, t,r ","" • nl •. 7r, .• • :;r.d ?he t:, ;T." , • , ,f rr' ;;‘''T ; ;;. . ; " • _; :;-, • • • ;T: t.rs»i 7-` 1. I 1.;') r ; -.1 ir L,". 1, ' a.it?' ; 'Li f21-11 1 k7V .,..1"fretff; • ,.„ _ H.; ,;•;l1 ; u, i , • r: t, .. • O.; • , ,.f i;-, r`11:‘_:1! f'. , . . A. t :A n')ZirC; ri IL-S -el 1. - „.- „ 1.t It 1!":P ;;"", ICJ! tr„,-, • Laidu C. ,r1 1"; I,.• r:,,tr, 1,-;•;,-„pk .jli cll t. Y:,C1 ,:r,i)r-1.-,:c.ton war. in,s puicy and L I. *les',C.rted tht Approve0 Board 04. Underwriiets Ca4orr,ia Bankars' Committee on IfISJrafice w� Cll�li 117 WM. DEAL INSURANCE AGENCY August 23, 1995 Estrid V Robinson c/o Richard Scott P O Box 367 McCall ID 83638 RE: Liability Coverage for Dock Dear Mr. Scott, b The fire policy on the cabin at Lot 2 Blk 6 Davis Beach Tract, McCall ID 83638 includes liabilty for the lakeside dock at the premise. Enclosed is a photocopy of the policy giving the definition of "insured location". Sincerely, ,41a2W2A4» W W Vdal Insurance PHONE (208) 466-2465, Fax (208) 466-2471 • 312 - 3rd STREET SOUTH • NAMPA, IDAHO 83651 vouR ndependenl Insurance'/AGENT SERVE'S VOL? FIRST tsy SPECIAL FORM (3) • SAFECO' DWELLING FIRE POLICY DECLARATIONS POLICY NUMBER: 0M463797 INSURED: ESTRID V ROBINSON C/O RICHARD SCOTT 6249 MELVILLE DR OAKLAND CA 94611-1726 DWELLING PREMISES: LOT 2 BLK 6 DAVIS BEACH TRACT MCCALL ID 83638 MORTGAGE SERVICING AGENCY: NONE AGENT: W.W. DEAL INSURANCE AGENCY 312 3RD STREET SOUTH NAMPA ID 83651 3717 TELEPHONE: (208) 466-2465 POLICY PERIOD FROM: AUG. 1 1995 TO: AUG. 1 1996 1ST MORTGAGEE: NONE LOAN NO.: NONE Y„," ...::::::..:.::.:........................................................... A DWELLING B OTHER STRUCTURES C PERSONAL PROPERTY E ADDL LIVING EXPENSE OPTIONS: E-INITIAL 1 FAMILY RESIDENCE LIABILITY MEDICAL PAYMENTS EACH PERSON FIRE/EC SPECIAL .FIRE/EC SPECIAL FIRE/EC BROAD 106,000 10,600 14,500 10,600 $ 100,000 EACH OCCURRENCE $ 1,000 $ 250 $ 101.00 138.00 INCL DWELLING ANNUAL PREMIUM $ 24.00 19.00 INCL $ 45.00 INCL $ 327.00 ORIGINAL P•3100MWEP 1/82 GB Page 1 of 1 DATE PREPARED JUNE 22 1995 ''AGREEMENT We will provide the insurance ;described in this policy in return for the premium and compliance with all applicable -provisions•of this policy. — _:.__._......___. __-.-_- .---...._.._._.........._..........-_.v_ .._.... .. _. ......... .... ....._...:......_ .._..... ._. DEFINITIONS Throughout this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident'of the same household, and "we," "us" and "our" refer to SAFECO Insurance Company of America. In •addition; -certain words and phrases are defined as follows 1. "actual cash value" a. When the damage to property is economically repairable, "actual cash value" means the cost of repairing the damage, less reasonable de duction for wear and tear, deterioration and: obsolescence. b. When the loss or damage to property creates a total loss, "actual cash value" means the market value of property in a used condition equal to that of the destroyed property, if reasonably available on the used market. c. Otherwise, "actual cash value" shall mean the market value of new, identical or nearly identical property, less reasonable deduction for wear and tear, deterioration and obsolescence. • 2. "bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death resulting therefrom. 3. "business" includes trade, profession or occupa- tion. 4. "insured" means you and, if an individual, the following residents of your household: a. your relatives: b. any other person under the age of 21 who is in the care of any person named above. Under Option E — Comprehensive Personal Li- ability, "insured" also means: -1— c. with respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or water- craft which 'are owned by you or any person included in 4.a. or 4.b: A person or organization using or having cus- tody of these animals or watercraft in the course of any .business or without permission of the owner is notan insured; d. ,with respect to any vehicle to which this policy • (1) :any person while engaged in your employ :: ment or. the employment of any person included in 4.a. or 4.b.: or (2) •any Other 'person using the vehicle on an - insured location with an insured's permis- sion:. 5. "insured location'.' means the residence premises. Under Option E — Comprehensive Personal •bility;-"insured location'-' also -means: -- - --• a. that part of any other premises, other structures and grounds, used by you as a residence and which is shown in the Declarations or which is acquired by you during the policy period for your use as a residence: •-••: b. any premises used by"you in connection with the residence premises or with the premises included in 5.a. above. zoo V-r �Wldb)rAQ I ao�b� Z IL( G puv vL�)`°�_5�� �Y 1119 ,�j���)��„�ob'Zd Z) �..�av�y�► ,dE,�[�J n ��1�.�� IL�IL� $6�°))Z� 1L�IL> �31z o�1 �rL -o-c,7 _12t�L92L � .�1 �-� ����Ij�'L� � 6�2 n6L �71� j�'� �j7� IIb� �Z7�i1� 0v 1aZ �l� JC�7iZ�ZI �'la�Zi�i )ro•�-�oZ) `"���/�lIbJ !/. tGC Pjt7�7��j 1 .�L�CiZ O°,�6 7 �� SIt, � z Ne w•aDw•D ANa / 0" `�� ~�`� tlHaumlYnw R,»S3CN0[ And Andluuyvftl Nd NdNd+lnxtl 3DV31dTIUY13ro NviloZf lN3NNRenl ro8l:3ro NWl[ Ln15531YlOTIL•ml fO SW6t1 [dX3ENR •>^� o Itft OXl•Ipn1iHDPdPMWOTW vasvllPD .wuJ1PDPdDpwwv.YTf T1U[W0000 aX3FNBI mdf u>d0 19R 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