10-28-1985 Council Packet - Laserfiche WebLink

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Bay and the ordinary low water mark of Brown's Bay;" Secs Exhibits 5-B C and D. For some reason, the State of Minnesota was never Gerved in the Registration proceedin-• __i Tract A, RLS 441, and so had no opportunit., - ,nest or reo>>; re a similar clause in that proceeding, bu~ it is clear under current law that the right of the public to regulate the use of the waters lying over privately owned lake bed is a paramount right over the private title to those lake beds. 6. The City and County consider Parcel B to be a valuable parcel of land and have consistently through years pla,.ed a value upon it and taxed it as a separate tax parcel. Its current market value according to the 1985 Real Estate Tax Statement is $1,000.00. Its Tax ID No. is 02-117-23 43 0011 See Exhibit 7 - Tax Statement. 7. As platted, Parcel B has legal public access to it via a publicly dedicated right of way, Ferndale Road. See Exhibit 4 -- Plat of North Shore Cottage Acres Exhibit 2 -- Survey Exhibit 3 -- Survey Sketch Exhibit 6 -- half Section Map. S. The dimensions of Parcel B would permit a dock to b- constructed on it under the provisions of the Lake Minnetonka Conservation District ("LMCD") Ordinances. The dock could not be more than slightly less than 25 feet in length, being the 25+ '-)ot shoreline width of Parcel B. LMCD Ordinance 3.02 oubd. 2. a). Approximately 13 feet of that length would be over that portion of Parcel B underlying the platted Ferndale Road right of way which is presently submerged. A five foot wide dock could be accommodated to provide the 10 foot set back area on either side as required by LMCD Ordinance, Section 3.02, Subd. 2. h). However, the LMCD Ordinances also makes provision for special sites in existence on February 5, 1970. LMCD Ordinance 3.02, Subd. 3. b), c), d) and e). Parcel B was creat�u by deed dated September 4, 1945, recorded September 10, 1945 in Book 1646 of Deeds, page 161. Sege Exhibit 9 - Copy of Abstract - 4 -