By , May 18, 2009

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bearlakervpark.com is an Information & Communications Site for Property Owners in Bear Lake RV Park-Fish Haven, Idaho. Correspondence to: webmaster@bearlakervpark.com

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Bear Lake Calendar of Events

(If you plan on visiting the Park before Aug 8 then sign the Petition in the Cabin instead)


Petition Response

P. O. BOX 54


We, the undersigned property owners at the Bear Lake RV Park in Fish Haven, Idaho, hereby support the Board of Directors' position with regard to Bear Lake Group's overt and covert actions to usurp a portion of our private road for public access to Fish Haven Canyon for use by a small group of property owners at the Reserve which is owned and managed by Bear Lake Group LLC. This small section of road is within the confines of the park's property boundaries. It does not appear on the County map as a public road.
The Board of Directors is opposed to any portion of the Bear Lake RV Park's roads being made public. We recognize the right of the County Commissioners to declare this small section of road as a public roadway; however, we implore them to seriously consider the merits of our arguments against making this road public. If serious consideration is given to making this small .2 mile stretch of road public, we believe the following to be fair and just compensation in return for our land:

Only the small section of our roadway from the lower green gate up around Corral Circle to be declared public. All other roads within the park to remain private. That a document be filed at the county recorders office dedicating this decision for perpetuity.

Compensation for our land – The 60' right of way shall be taken from the east side of Corral Circle to protect our property to the West. The length of this section of road is .2mile. A 60' right of way equals 63,360 square feet that we will be losing. See Attached Exhibit A

Moving or replacing our transformer as it will fall within the County's 60' right of way – See attached Exhibit A

Installation of a gate at the expense of Bear Lake Holding, LLC to restrict access into the park – See attached Exhibit A

Fence our property line along Corral Circle to keep the general public out. See
attached Exhibit A

Grading and Dust Control performed annually by the County.

We are provided full access to Fish Haven Canyon perpetually.

Should the County determine at a future date they no longer want to be burdened with the maintenance and policing of the road – we need assurances that we will continue to have access to Fish Haven Canyon.

The following arguments are made against a public declaration of the any roads within the property boundaries of the Bear Lake RV Park:

The RV park has been in existence since 1978. When the original plats were presented to the Bear Lake Planning and Zoning Commission on May 31, 1978, the roads were presented as being privately owned. At the end of the meeting a motion was made by Homer Teusher and seconded by Carol Ward to accept the preliminary plat as presented and explained. (See Exhibit B). It is our belief that regardless of the wording on the plats filed, the intent of the developers was that the roads remain private. It was accepted as such so that the county would not incur the added expense of maintaining roads in an RV park.

We believe the property tax assessment for each lot in the Bear Lake RV Park includes a pro rated amount for the value of the land contained in the common areas and the roads within the park which is typical for an HOA or POA. The assessed valuation of these lots, common areas and roads have been assessed as private since the establishment of the park in 1978.

There have been no engineering studies done on our section of roadway to determine the extent of work needing to be done to bring the road up to County standards. Attached as Exhibit C is a report from a local engineering firm that we requested. While the proposed new section of road has been engineered, the existing road within the RV park has not. We would also request to see any engineering studies that have been done on Harrup Road that runs along the Eastern edge of our property. This is the section of road that is being proposed to tie in with Cemetery Road at our lower green gate. As you can see from the attached pictures (Exhibit D) this road has been sorely neglected for quite some time.

Until 2002 the roadway immediately to the southwest of Corral Circle which was established as a roadway into Canyon Estates, remained open. The result was that individuals from our park as well as individuals from Canyon Estates had open access throughout both developments. People on ATV's and motorcycles would race through both developments causing much damage to the roadways. Finally in 2002, Bear Lake RV Park installed a gate at the end of Corral Circle and Canyon Estates installed a gate farther up the road. There has been no traffic on that road since that time. As you can see from the attached pictures (Exhibit E), that road has not been used as it is very overgrown with weeds. Should an emergency ever exist for Canyon Estates or the Bear Lake RV Park, requiring a secondary exit, the gates could be unlocked and used to exit the developments. We do not see a need for this secondary access road to be a public road maintained at the public's expense. With a population of approximately 6,000 people in Bear Lake County, the small number of people this road would serve does not appear to be a cost effective use of tax dollars for the general public.

The development agreement, dated September 25, 2005, between The Bear Lake Group LLC, Sam's Hollow Water company, Natural Properties, Inc. and Canyon Estates Property Owners Association is in direct violation of Idaho Code 40-202 which went into effect July 1, 2005. Idaho code places the responsibility for designating public roadways with the “board of county or highway district commissioners” through the

Petition – Page 2 of 8
use of public hearings, providing notice and an opportunity to be heard to all who use the road prior to making a final determination as to the designation of the road. This agreement attempts to make public two sections of roadway that do not belong to Bear Lake Holdings LLC nor have they gone through the public hearing process; therefore, we believe this agreement to be null and void.
• The above development agreement was entered into in 2005 without any consideration for the above Idaho Code or the fact that .2 of a mile of this new proposed road is located within the property confines of the Bear Lake RV Park. The management of the park was approached in 2012 by Gary McKee with a proposal that Bear Lake Holdings, LLC would like the Bear Lake RV Park to pay $30,000 towards the construction of this proposed roadway. On June 1, 2012, the Board of Directors of the Bear Lake RV Park held a conference call with Mr. McKee to listen to his proposal (Exhibit F). It was presented as follows: Mr. McKee has been working through an attorney with the County and Canyon Estates to come to this agreement. He, Gary, is concerned with young children (6 and 8 year olds) riding ATV's near the busy state highway to gain access to Fish Haven Canyon and this road would provide a safe avenue for them. The road would be constructed by private land owners to County standards and the County would then take over maintenance of the road.
When asked if there was a reason the Board of Directors of the Bear Lake RV Park was not brought into this discussion for 7 years, Mr. McKee stated that at the time this was being initiated, he and his team did not feel it was appropriate to bring the Park into the discussion at that time. The Board of Directors believes Mr. McKee's covert actions were intentional on the part of Bear Lake Holdings, LLC, as they knew we would be opposed to any such action by Bear Lake Holdings, LLC. Mr. McKee's argument does not hold water because the off road vehicle law in Idaho does not allow children to operate an OHV: Following are two excerpts from the Idaho Department of Transportation web site:

Does this law allow kids to ride on roads? Answer - No. When traveling on roads, operators of a motorbike, ATV or UTV must have a valid driver’s license, carry liability insurance and have a vehicle equipped with the required equipment to do so.

What required equipment must I have on my motorbike, ATV or UTV to travel on a road? Answer - The required equipment to operate on county roads includes a working brake light, a horn audible at 200’, headlight and taillight after dark or during poor visibility, helmet under the age of 18, and a
mirror showing roadway 200' behind the vehicle. For more information contact your local law enforcement agency or access the IDPR website

Mr. McKee has told us the County Commissioners want two ways in and out of Canyon Estates for emergency purposes. There is already another way in and out of Canyon Estates. That access is through the western most road of the Reserve (Larkspur Lane). The CC&R's of the Reserve state the following (Exhibit G):
7.25 Restricted Access Limitations. “Reference to any easement agreement or amendment to any easement agreement with Canyon Estates, access through Canyon Estates private roads is considered secondary access and is subject to the above limitations with the following exceptions: Access for the 23 most Western Lots in the Reserve is unrestricted except access for road construction and maintenance or for the construction or improvements upon the 23 western most lots in the Reserve will be restricted to the North access route in Canyon Estates. This restriction is contained in the “Canyon Estates easement agreement”, this

Petition – Page 3 of 8
document is a public record.”
Based on this language, the Board of Directors is at a loss to understand why Bear
Lake Holdings, LLC is willing to spend a large sum of money on an access road to Fish
Haven Canyon when that access already exists. We are also at a loss to understand
why this road would need to be a County road maintained at the public's expense for
such a small number of people. We suspect this is because the “smaller, less
valuable” homes in the Reserve which are located adjacent to Highway 89, are being
discriminated against and would be required to use this “new” road leaving the larger
more valuable real estate in the Reserve to have their own “private” access through
Canyon Estates via Larkspur Lane. Additionally, the CC&R's of the Reserve provide for
changes and updates to the CC&R's by the management of the Reserve at any time. A
simple change to those CC&R's would provide access to Fish Haven Canyon for all of
the residents of the Reserve and save the County the large expenditures that will
accompany the maintenance of this “new” road. Additionally, Bear Lake Holdings, LLC
now owns all of the land surrounding the Bear Lake RV Park with the exception of
Canyon Estates and a small strip of BLM land. They certainly have adequate land to
provide an alternate route for a road to provide the Reservewith access to Fish Haven
Canyon without using our road. Also, it would not be necessary for a new route to
become a county road which we believes adds an unnecessary financial burden on the
general public of Bear Lake County.

It appears, based on Mr. Wuthrich's letter (Exhibit H), the County is of the belief that because the plats of the Bear Lake RV Park Nos. 1, 2 & 3, have language saying that “. . .the streets shown are dedicated to the use of the public”, that our roads automatically become public even though the minutes of the Planning and Zoning Commission accepted them as private. However, three of the six plats of the Reserve contain the following language: “. . .do hereby dedicate and set apart the same as a subdivision and grant and dedicate to the perpetual use of the public all parcels of land described as streets on said plat.” The Board of Directors finds it difficult to understand why the County Commissioners are of the opinion that our roads are public, but not the roads in three phases of the Reserve. We believe this to be a double standard. Based on language in the plats for the Reserve should not the County declare their roadways public also?

If, as Steven Wuthrich's letter states, the County believes all of the roads in the Bear Lake RV Park are public by virtue of our recorded plats, we request reimbursement to the extent allowed by law for the funds the Bear Lake RV Park Property Owners Association has expended for upkeep to the roads within the park's property boundaries including the .2 mile of road from the lower green gate up through Corral Circle. See Exhibit I. We have requested any and all records from Greg Skinner regarding any work done on our private property by the County. If work was done on our private property, we would like to know who authorized this work and from whom within the park's management did they obtain permission prior to the work being completed.

If our roads become public throughout the park, the following private facilities within the park would be accessible to the public:
Restrooms located along Bear Lake Lane
Garbage dumpsters
Sewer dump station The association would be unable to control access to these services which our owners

Petition – Page 4 of 8
currently pay for. Would the County provide for any relief with regard to the policing of these private services located along a public roadway?

The Bear Lake RV Park Property Owners Association currently spends between $10,000 and $13,000 per year for maintenance of our roads (See Exhibit J). Increased use by the public will only increase these costs. Previous history with riders from Canyon Estates proves that increased damage occurs to the roads as will the damage to the roads in Canyon Estates by riders from the Reserve and the RV Park. Law enforcement in Bear Lake County is stretched very thin as it is. Adopting an additional one plus miles of roads for ATV's, UTV's and motorcycles to travel over will increase the need for increased law enforcement. We have first hand knowledge of the damage people can do who have little regard for public or private property.

If all roads within the park are public, the winter months would pose a whole new set of problems. Currently our CC&R's do not allow firearms within the park. We can foresee hunters on our land. Just last fall while closing the park, our managers Don and Bona Miller, met two employees of Lutz Construction taking an elk from the area around the BLM land down through a private lot in our park. Currently we are closed in the winter because of the sensitive nature of the wildlife in the area. Our park provides a winter feeding range for deer, elk and moose.

During the summer we have several moose who range through the park and the surrounding area feeding and drinking. Increased traffic from a public road will cause additional stress for the moose within the park's boundaries. Last year one of the moose was injured. While we do not know how this occurred, it may have been a collision with a vehicle somewhere in the area as his leg was broken.

We are an RV Park not a housing subdivision. As such, our deeded lots average size is approximately 50' x 100'. Consequently, our children do not have large yards and driveways in which to play like most housing subdivisions. Because of this, our children play on the roadways and in the common areas. The increased traffic of a public roadway would decrease the safety of our children.




Humberto Coria, his grandsons Isaac & Rueben & his nephew Julian are taking care of Ice & Propane Sales while Don & Bona are gone. Humberto is from Ogden, UT & is retired from the Railroad. His hobbies are running, soccer & staying active. He is always offering to help Bob & others in the Park. You can tell he sincerely values his family. His grandsons & nephew were very helpful also. Thanks to Humberto & his family & all those helping out with keeping the bathrooms clean & stocked.
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