Re:  Opposition to May 14, 2025 Agenda Item H1 Regarding Employee Beach Passes

5/13/2025

Dear Trustees and General Manager Harrison,

I am writing this email in opposition to the recommendation in item H1 to provide employee Beach passes. 

The supporting Memorandum does not discuss any of the risks of damages to the property owners and to IVGID of proceeding with this recommendation, including the risk of costly litigation against the District, and does not explain why proceeding as described in the Memorandum will not violate the Beach Deed.

I ask that the District  advise the public if an unqualified legal opinion has been given to IVGID stating that the attorney giving the opinion has no reservations to its opinion that IVGID has the power to give IVGID employees access to Incline Beach and Burnt Cedar Beach (herein “Beach”) as guests under the Beach Deed, and that there is no risk that such action could lead to invalidating the exclusive use by property owners provided in the  Beach Deed. 

Over the years starting at least in 2001, several different residents of Crystal Bay have sued to open the Beaches to the public, alleging, among other things, that the Beach Deed was breached by the manner in which access was granted.  More recently, a number of property owners threatened such suits during the Ordinance 7 Committee period on similar theories; and I am again hearing threats of Crystal Bay residents filing suit to make the Beaches public, if Beach access is granted to the IVGID employees which they claim is in violations of the restrictions of the Beach Deed.

I respectfully urge that as IVGID Trustees your primary duty on this issue is to assure that there is no possibility that the private Beaches are lost by the residents.  Our private, non-public Beach access is of great value to each and every property owner with Beach access.  The damages which would result to property owners from reductions in property values if there is an invalidation of the Beach Deed would be tremendous.  This is a potential liability that IVGID should not risk for IVGID or for the property owners. 

A. The Beach Deed dated as of June 4, 1968 is the document which grants and governs exclusive parcel owner Beach access rights. The express language of the Beach Deed limits the use of the Incline Beaches to recreation purposes for the benefit of certain property owners in the District as of the date of the Beach Deed (June 4,1968) and does not allow for other uses at Page 1, line 28 – page 2, line 7:

“It is hereby covenanted and agreed that the real property above described and any and all improvements now or hereafter located thereon, shall be held, maintained and used by the grantee, its successors and assigns, only for the purposes of recreation by, and for the benefit of, property owners and their tenants (specifically including occupants of motels and hotels) within the Incline Village General Improvement District, as now constituted, and as the Board of Trustees of said District may determine, the guests of such property owners, and for such other purposes as are herein expressly authorized.”

B. The Beach Deed Language Restricts the Authority of IVGID with respect to the Beaches. The scope of activities by the Board of Trustees is limited to:

-Page 2 lines 15 – 23: “…that said Board of Trustees shall have authority to levy assessments and charges as provide by law, and to control, regulate, maintain and improve said property as in its sole discretion it shall deem reasonable and necessary to effectuate the purposes herein mentioned and provided further the said District shall have the right to use the real property above described for the maintenance and operation of the water pumping facilities now located thereon and such other utility facilities necessary to the operation of the District.”

-Page 3, lines 2 – 4: “Said District shall have the authority to impose reasonable rules, regulations and controls upon the use of said easement by the owners thereof.”

C. The Beach Deed prohibits any transfer of rights to use the beaches, except to subsequent property owners at page 3, lines 8 – 11:

-“Such easement may not be sold, assigned or transferred in gross, either voluntarily or involuntarily, but shall pass with any conveyance of real properties within said District as now constituted.”

D. The Background Leading Up to the Beach Deed Excludes Public Entity Use of the Incline Private Beaches.

-The history of the Beach Deed is explained in a letter dated March 7, 1968 from IVGID, the Crystal Bay Development Co., and the Incline Village Recreation Association to all residential property owners in Incline Village, which explained the history of the Beach Deed and that the IVGID Private Beaches were only intended to be used for the benefit of certain residential parcels in Incline Village.

–The reason for the proposed transfer of the beaches to IVGID: A number of parcel owners filed lawsuits (Arden D. Cornick, et al vs. Commissioners of Washoe County, etc., Civil Action No. 225863, etc.,) claiming promises had been made by the developer Crystal Bay Development Co. to the residential property owners at the time that they purchased their homes/lots/properties, that these purchasers would have exclusive private beach access through eventual ownership of the beaches by the Incline Village Recreation Association’s (the HOA for the residential properties). The beaches were going to be made part of the Incline Village Recreation Association, but it was learned that the homeowners’ association had no way to enforce collection of fees from owners to secure loans to finance the purchase of the beaches from the Crystal Bay Development Co. Therefore, although the homeowners’ association could not finance the purchase of the Beaches, IVGID could finance this purchase through the issuance of bonds and would therefore hold title to the beaches for the benefit of the residential property owners.

–The letter explained the proposed tolls and charges to “each subdivided lot or unsubdivided parcel constituting a single family homesite, zoned for a single family residence structure, whether or not so improved” and the description of parcels which would get Beach Access and pay for the bond are set forth on page 4 and are only “developed single family lots, developed multiple units, developed hotel-motel properties, undeveloped single-family parcels and undeveloped multiple family parcels”.

–Resolution No. 419, as amended by Resolution 451:

This initial Resolution 419, October 5, 1967, and amended Resolution 451, April 16, 1968,  were passed in anticipation of acquisition of Burnt Cedar and Incline beaches, and were to take effect upon the acquisition of title to the Burnt Cedar

and Incline beaches by IVGID. Recreation charges were to be charged to Single Family Parcels, Multi Residential Units or Parcels, Multi Residential Acreage, Single Family Acreage, Hotels and Motels. Certain specific types of properties were listed as excluded at Section 7(f), such as which included publicly owned lands. IVGID, Washoe County, Nevada State Parks, Nevada State lands are the publicly owned land in Incline Village and have NEVER paid anything towards the beaches. 

–Most importantly, Section 7 (j) says “only guests of a person entitled to beach privileges shall be admitted”.

E.  IVGID Does Not Have the Authority to Designate Guests at the Beaches under the Beach Deed

In summary, based upon my reading, the historical documents demonstrate that:

-The rationale for the Beach Deed going to IVGID was to settle a lawsuit and provide the then residential owners who were in the Incline Village Recreation Association with perpetual exclusive non-transferable rights to admission to the Beaches .  

-The Deed clearly states this when it states at page 2, lines 5-6 “and the guests of such property owners” after granting the right to Beach admission to “property owners and their tenants (specifically including occupants of motels and hotels) within the Incline Village General Improvement District as now constituted”.  The guests referred to are NOT guests of IVGID but of such “property owners.”

– The enacting Resolutions clearly state at Section 7(j) that beach access is for “only guests of a person entitled to beach privileges shall be admitted.” 

-IVGID has no rights as it falls within the publicly owned lands exclusion of Section 7(f).

–  IVGID cannot make a rule that “the guests of such property owners” include IVGID employees, unless all of the benefited property owners agree to this, and IVGID cannot admit someone who is not a guest of a person entitled to beach privileges. 

IVGID’s rights are stated in the Beach Deed to be solely the right to use the beaches for water pumping and other utility services and to enact rules for the use of the Beaches. 

Finally, IVGID cannot transfer Beach rights and privileges to persons not enumerated in the Beach Deed, as this is prohibited in the Beach Deed.

F.  Threatened Loss of Private Beaches.

I hope that the Trustees and your counsel will consider the above discussion of history and the language of the Beach Deed. I respectfully urge that you not try to take a strained interpretation of the language of the Beach Deed that is contrary to historical documents and facts, or any other action that is a risk to the property owners’ valuable real property rights to exclusive use of the Beaches, merely in order to grant employee benefits.  There are other solutions to allow IVGID employees limited Beach access that would not endanger the Beach Deed and I have been disappointed that prior General Managers decided not to pursue these actions, at least as a first effort (i.e. gathering punch cards from willing residents for the purpose of providing employee beach access, etc.).  Additionally, for IVGID and the Trustees to become embroiled in expensive litigation with property owners and third parties at this time is certainly not a judicious use of IVGID’s limited assets.

I thank you for your serious considering of these points.

Respectfully,

Diane Becker

Full time Incline Village resident

805-290-2779

P.S.  For background for those of you I do not know, I am a retired California attorney where I practiced law for 43 years, both as Chief Legal Officer in house, and as outside counsel. I was part of the 2019-2021 Ordinance 7 Committee that was formed several years ago, and participated with prior General Manager Indra Winquest in the drafting of a revised Ordinance 7 as directed by outside counsel.   I was also given access by IVGID to its historical records including all past Board Minutes, relevant Board Resolutions, and other documents through prior General Manager Indra Winfield to more fully investigate the background of the Beach Deed and Beach Access.  I believe that current IVGID employee Susan Heron has copies of all documents which she provided to me, as well as my analysis.  I am also a full-time resident of Incline Village and am on several Boards locally and I care deeply about the community and IVGID and retaining the private Beaches.  I make these comments as a private citizen.