1978-08-01 Memo, Description of Property, Boat Slips, etc

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TO: Walter R. Benson FROM: Alan P. Olson, Village Planner i DATE: August 1, 1978 SUB.' T: Eberhardt Company Land Offer Fagerness Marsh The attached letter from Walter C. Nelson, Chairman of the Eberhardt Company, offers to the City approximately fifteen (15) acres of marsh south and east of Fagerness Point Road. The property is entirely wetlands but does include an existing boat channel and boat dockage area. Access to the docks is off Fagerness Point Road across from 1837. As of today, there are eight (8) slips in various stages of disrepair and four boats are tied up. The plat of Maple Gate Inlet including twelve (12) lots was reviewed and approved on May 8, 1961. No mention was made of the dock easements or channel. Easements for twenty-one (21) slips were apparently drafted and surveyed later. There is no record of any multiple dock license either City or LMCD, although both are required. The property consists of two tax parcels owned by the Eberhardt Company: 41317-1430; 1977 Market Value $790.00; 1978 taxes $36.48 and 42060-6400; 1977 Market Value $2,700.00; 1978 taxes $111.06. Taxes on both parcels are delinquent to 1977. If this plat were to be developed today, the outlot docking would not occur and a conservation and flowage easement would be required over the entire property. Ay recommendation is that the City not accept property which is encumbered with private easements, that Eberhardt Company attempt to establish an association of the easement holders to own and maintain the property, that a joint use dock license be required and that as a condition of the license, a conservation easement be obtained over the remainder of the marsh.