JULY 21st: Well folks, the time has come for your feedback!
M3(developer) recently approached us with an option to negotiate and settle out of court. The new court date is set for Aug 10th. Can we reach an agreement before then?
Please read the proposals below and vote whether to Keep It As Is, Plan A (Public Compromise), or Plan B (Developer Offer). Send a quick email to fredarn@50feet.net with your vote and any additional thoughts. ASAP please!
KEEP IT AS IS:
Remember, we started this whole thing with a public road that ends at the waters of Lake Pend Oreille, with 50-foot width of public lake access, no more and no less. Some of you may want to keep the current public road location and access to 50 feet of waterfront in the center of Camp Bay. That is perfectly reasonable.
PLAN A: Arns’ offer – compilation of public feedback
Proposed terms – M3’s obligations
M3 will vacate only the final 526 feet of Camp Bay Road (the “Road Segment”) as measured from the artificial high water mark.
M3 will allow public access to parking and waterfront in Tract A of the first phase of the development, referred to as the community recreation area. M3 need not allow public access to the community docks and other structures associated with the community recreation area. Public access will be appropriately documented in an easement, plat note, or other dedication to be agreed upon in a final settlement agreement.
The area to which public access is allowed will include 50 feet of beachfront in an agreed-upon location. (Agreement on the location will be reached in a final settlement document.)
M3 will allow non-motorized pedestrian and bicycle access on or alongside Camp Bay Road to access the U.S. Forest Service lands located on Tract B of the future phases of the development. Public access will be appropriately documented in a final settlement agreement.
M3 will dismiss pending petition for judicial review.
Proposed terms – the Arns’ obligations
The Arns will support vacation of the Road Segment (defined below) before the County and any other agency, as needed, whether that vacation takes the form of an application, an amended application, or otherwise, so long as the application complies with the terms of this agreement. Arns will not petition for judicial review of any decision, by the County or other agency (such as IDL) that is consistent with the terms of this agreement.
The Arns will support M3 applying for a boat launch permit from the Idaho Department of Lands available to the public.
The Arns will work with M3 and the County, to develop and establish appropriate signage, trail plan for USFS land, etc.
The Arns cannot bind other members of the public, but will attempt to garner support for the proposals that result from a Settlement Agreement in this matter.
Proposed terms – joint obligations
Parties will bear their own costs and fees in judicial review and associated with drafting, signing, executing, and carrying out a Settlement Agreement.
Parties will support the terms of the Settlement Agreement in front of the County, a court, or other agency.
PLAN B: M3 (developer) counter offer
1. M3 will dedicate to the public a 10-foot-wide dirt path easement that follows alongside Camp Bay Road on the east side to where Camp Bay Road intersects with South Camp Bay Road; it then crosses over the road, travels on the lakeside of South Camp Bay Road to the southeast corner of Camp Bay, where it will provide 50 feet of public beachfront ( this is the beach area in the bottom of the above map, where the creek comes in)
2. Use restrictions will be:
- Open to the public 8:00 am to 8:00 pm
- Non-motorized use
- No trespassing, no littering, no fires, that sort of thing
3. Will have enforcement provisions that allow County law enforcement to enforce terms of the easement.
4. The dedication will occur upon approval of the vacation of the road
Again, please email fredarn@50feet.net with your name, vote on plan A, Plan B or Keep It As Is, and any additional suggestions you have. Thank you!