10-27-2003 Council Packet - Laserfiche WebLink

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Background: City-Owned Lakeshore Lots on Ciystal Bay Road 10/16/03 Update Summaiy of Issues: The City has owned 4 lakeshore tax parcels on Crystal Bay Road since they were quit-claim deeded to Orono Township and accepted by the Town Board on December 1,1934. These parcels are on the lakeshore side of Crystal Bay Road. In total they include approximately 180 lineal feet of shoreline. The distance from the edge of the traveled road to the shore (929.4 contour) ranges from just a few feet to as much as 20 feet. For many years, apparently, the 4 property owners across Crystal Bay Road from these parcels have erected seasonal docks extending from the City parcels. Current staff has been aware of this since the mid-1990's. Due to a complexity of factors that will be described below, until recently staff had nut taken formal action to have the docks eliminated. However, two circumstances in the spring of 2002 prompted staff to order removal of the dock and boat at the most westerly of the parcels, across from 3445 Crystal Bay Road. These circumstances were 1) submittal of a variance application survey by the then owner of 3445 (Palm) that incorrectly included the City parcel across from it; and 2) complaints by neighboring property ow ners about rental of slips at the ‘illegal ’ dock recently erected across from 3445. The issues presented to the City Council for consideration at a July 30,2002 work session included: 1) whether Council supports staff taking appropriate action, including litigation if necessary, to have the offending uses and docks removed from the City parcels; and 2) deteimina*'on of the City ’s ultimate intent for these 4 parcels. Historical Background 1907 - Wileys Park platted. The City parcels are parts of 4 lots originally created by the plat of Wiley ’s Park in 1907. That plat dedicated a 66' wide right-of-way for the old County Road that follow ed the route of w hat is today Cry stal Bay Road. Those 4 lots were bisected by the 66' right-of- way, leaving a small s*rip along the shoreline side of the right-of-way (See Attachment A). 1911 deed-created “bathing and boating rights ”. In 1911, a number of lots in the neighboring plat of Navarre were transferred from one owner to the next, via a deed that also granted to those Navarre lots “a perpetual right to use for bathing and boating purposes” the portions of Lots 1-4, Block 1, Wiley ’s Park lying bem een the north line of the County Road and the shoreline. This right of use was also reserved for other lots w ithin the plats of Wiley ’s Park, Navarre Heights, Navarre, and Block lOofLangdonPark. Under current ownership patterns, this could mean that as many as 100- 150 properties in the Navarre area might have “bathing and boating” rights over what eventually became the City parcels.