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. • � � � To: Street Files: 3620 Eileen Street (Lot 4, Bl. 1, Reidel Stubbs Bay Addition) 3625 Eileen Street(Lot 2, Bl. 1, Reidel Stubbs Bay Addition) 3630 Eileen Street(Lot 3, Bl. 1, Reidel Stubbs Bay Addition) 3640 Bayside Road (Lot 1, Bl. 1, Reidel Stubbs Bay Addition� From: Mike Gaffron, Asst. City Administrator Date: September 13, 2010 Subject: Status of Lake Access for the Above Properties A number of questions have been raised recently regarding the status of lake access and the ability to construct individual docks to serve the above four properties. These questions initially surfaced with regards to the Pidgeon property at 3625 Eileen Street, and have risen again regarding the potential sale of 3620 Eileen Street. Four building lots were created with the Reidel Stubbs Bay Addition in 1975. None of those lots abut the lakeshore - they are entirely north of Bayside Road. The subdivider also owned some small strips of land abutting the lakeshore on the south side of Bayside Road. The subdivider gained City approval in 1975 to allow each of the 4 building lots to have a small individual dock on four defined portions of the lakeshore strips, subject to granting a Scenic Easement to the City over those strips (Doc. #s 1144483 and 1144484) that"limits the improvements on said premises to the erection of two small, inconspicuous, private (not multiple) docks to be used for the usual and normal fishing, swimming(sic) and docking purposes and for the exclusive benefit of the owners of Lots (1-2-3-4) Block 1, Riedel Company's Stubbs Bay Addition. No vehicular parking shall be allowed on said premises, no signs or billboards except small signs not exceeding in dimensions 2 feet by 3 feet indicating said docks and premises to be private property. The erection of said docks to be subject to and in compliance with any requirements of the City of Orono." (Text is from #1144484; text of#1144483 is assumed to be similar or identical) The lakeshore strip in question contains the portions of Lot 16, Block 1, Bayview Park and Lots 1 and 16, Block 3, Bayview Park, that are south of the Hennepin County plat of Bayside Road. Lot 16 B1. 1 (OS-1 17-23 24 0023) and Lot 1 Bl. 3 (OS-1 17-23 24 0122) are owned by Jane Olson of 3640 Bayside Road. Lot 16, Bl. 3 (OS-117-23 24 0123) is owned by Magdalen M. Pidgeon Trustee of 3625 Eileen Street. Doc. #1154647 grants an easement in favor of 3620 Eileen Street (Lot 4, Riedel Addition) over the west 1/2 of Lot 1, Block 3, Bayview Park, for"ingYess to and egress from Stubbs Bay and the erection and maintenance of one small,private docl�'. It also states that grantee agrees to pay 1/2 of the yearly real estate taxes on said Lot 1, Block 3. Doc. #1155208 grants an identical easement in favor of 3630 Eileen Street (Lot 3, Riedel Addition) over the west 1/2 of Lot 16, Block 3, Bayview Park; but does not address who pays the taxes. Based on the above, it would be reasonable to conclude that at least from the City of Orono perspective, each of the four homestead lots within the Riedel Addition has the right to have a small dock extending from their defined portions of the lakeshore south of Bayside Road. However, these dock rights are also subject to compliance with Lake Minnetonka Conservation District (LMCD)rules and regulations, and if LMCD regulations do not allow docks, the LMCD regulations must be adhered to.