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10-21-1985 Planning Packet
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10-21-1985 Planning Packet
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12/1/2022 2:28:51 PM
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6. <br />Bay and the ordinary low water mark of Brown's Bay?" <br />See Exhibits 5-B, C and D. <br />For some reason, the State of Minnesota was never served <br />in the Registration proceeding relating to Tract A, RLS <br />441, and so had no opportunity to request or require <br />a similar clause in that proceeding, but it is clear <br />under current law that the right of the public to regulate <br />the use of the waters lying over privately owned lake <br />bed is a paramount right over the private title to those <br />lake beds. <br />The City and County consider Parcel B to be a valuable <br />parcel of land and have consistently through years placed <br />a value upon it and taxed it as a separate tax parcel. <br />Its current market value according to the 1985 Real Estate <br />Tax Statement is $1,000.00. Its Tax ID No. is 02-117-23 <br />43 0011 <br />See Exhibit 7 - Tax Statement. <br />As platted. Parcel B has legal public access to it via <br />a publicly dedicated right of way, Ferndale Road. <br />See Exhibit 4 - <br />Exhibit 2 - <br />Exhibit 3 - <br />Exhibit 8 - <br />- Plat of North Shore Cottage Acres <br />- Survey <br />- Survey Sketch <br />- Half Section Map. <br />The dimensions of Parcel B would permit a dock to be <br />constructed on it under the provisions of the Lake <br />Minnetonka Conservation District ("LMCD") Ordinances. <br />The dock could not be more than slightly less than 25 <br />feet in length, being the 25+ foot shoreline wiath of <br />Parcel B. LMCD Ordinance 3.02 Subd. 2. a). Approximately <br />18 feet of that length would be over that portion of <br />Parcel B underlying the platted Ferndale Road right of <br />way which is presently submerged, A five foot wide dock <br />could be accommodated to provide the 10 foot set back <br />area on either side as required by LMCD Ordinance, Section <br />3.02, Subd. 2. b). However, the LMCD Ordinances also <br />makes provision for special sites in existence on <br />February 5, 1970. LMCD Ordinance 3.02, Subd. 3. b), <br />c), d) and e). Parcel B was created by deed dated <br />September 4, 1945, recorded September 10, 1945 in Book <br />1646 of Deeds, page 161. See Exhibit 9 - Copy of Abstract <br />- 4 -
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