(A resolution designating certain City properties as open for public recreational use)
WHEREAS, the City of Hood River owns various properties designated for recreational use, such as City parks;
WHEREAS, the City owns other properties that are not so clearly designated for recreational use, such as easements, lands zoned open space, and right of way, and which properties are used by the public for recreational purposes;
WHEREAS, ORS 105.682 provides immunity with respect to personal injury, death or property damage that arises out of the use of land for recreational purposes;
WHEREAS, lands designated as public parks are clearly open to public recreational uses because the City defines public parks as lands devoted for the purposes of recreation. HRMC 13.44.010 and 17.01.060; and
WHEREAS, in order to enjoy the full immunity afforded by ORS 105.682 with respect to lands not designated as parks or for recreational use, the City is designating and permitting recreational use of properties as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:
The City designates the following properties as open for public recreational use and declares that all past, present and future recreational uses of the properties is permitted.
1. Properties and easements owned by the City along the Indian Creek Trail. The City originally acquired property and easements along the Indian Creek Trail for a sanitary sewer main. The properties and easements are now also used as a public trail.
2. Properties and easements owned by the City in the Indian Creek Canyon.
3. 3N 10E 36AB Tax Lots 5601, 8500, 8800. These properties are located at the east end of Montello at one of the termini of the Indian Creek Trail.
4. 2nd Street Stairs.
5. 3N 10E 26DB Tax Lots 700, 600, 200. These properties are informally known as Jaymar Park.
Approved by the Hood River City Council the 28th day of September, 2009, to take effect immediately.
Arthur Babitz, Mayor
Jennifer McKenzie, City Recorder