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County Road that followed the route of what is today Crystal Bay Road. Those 4 lots <br /> were bisected by the 66' right-of-way, leaving a sma11 strip along the shoreline side of the <br /> right-of-way (See Attachment A). <br /> 1911 deed - created "bathing and boating rights". In 1911, a number of lots in the <br /> neighboring plat of Navarre were transferred from one owner to the next, via a deed that <br /> � also granted to those Navarre lots "a perpetual right to use for bathing and boating <br /> purposes" the portions of Lots 1-4, Block l, Wiley's Park lying between the north line of <br /> the County Road and the shoreline. This right of use was also reserved for other lots <br /> within the plats of Wiley's Park, Navarre Heights, Navarre, and Block 10 of Langdon <br /> Park. Under current ownership pattems, this could mean that as many as 100-150 <br /> properties in the Navarre area might have "bathing and boating" rights over what <br /> eventually became the City parcels. <br /> City ownership came about in 1933-34 via two quit-claim deeds in favor of Orono <br /> Township, which were officially accepted by the Township Board of Supervisors on <br /> December 1, 1934. We have found no records which indicate why the parcels were <br /> deeded to the City. However, we must assume the Township Board knew of the potential <br /> "bathing and boating" rights which affected the parcels. Perhaps the Township was <br /> viewed as the logical overseer of property that could potentially be used by many <br /> members of the public. <br /> Maps and Surveys. The earliest survey we have showing the relationship of the traveled <br /> road and the platted right-of-way dates to 1945. Other surveys and County plat maps <br /> since then have not been consistent in recognizing the traveled road or the platted right-of <br /> way. However, County plat maps for at least the last 40 years have shown the City parcels <br /> � _ as separately owned from the inland portions of the 4 originallots. <br /> Interpreting "bathing and boating rights". During the 1970's, 80's and into the early 90's <br /> a number of properties in the Navarre axea were sold with the right for "bathing and <br /> boating" on the Ciry parcels appearing in the deeds. As lake access became dearer, the <br /> City more and more often was queried by new Navarre area owners as to "where can I put <br /> my dock, my deed says I have bathing and boating rights...". By the mid 1990's the City <br /> had firmly established via ordinance tested in the courts that only properties with principal <br /> structures could have docks. Our standard response to inquiries became " you can swim <br /> or fish or launch a canoe at the City parcels but you can't have a dock". <br /> 1995 Research. In 1995 the City Attorney was asked to review whether or to what extent <br /> the off- lake owners in the Navarre area actually have rights to use the 4 City parcels. It <br /> was determined that in general, the dozens of inland properties that might claim the <br /> easement right are subject to the Marketable Title Act which would generally bar any <br /> claims by the inland lot owners for private bathing and boating rights, unless a claim on <br /> behalf of an inland property attempting to preserve the easement rights had been filed <br /> within 40 years of the original 1911 deed. This likely reduces the actual number of <br /> legitimate easement holders, and we are so far unaware of any such notice having been <br /> filed. However, the City has not fully researched the titles to a11 the properties involved to <br /> determine whether such claims have been filed in the past. <br /> 9-15-08 Page 2 of 6 <br />