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Crystal Bay Road
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3415 Crystal Bay Road - 17-117-23-43-0118
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re dock rights
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Last modified
8/22/2023 3:42:56 PM
Creation date
5/31/2016 2:17:47 PM
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x Address Old
House Number
3415
Street Name
Crystal Bay
Street Type
Road
Address
3415 Crystal Bay Road
Document Type
Correspondence
PIN
1711723430118
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���� <br /> August Z3,2010 ,� ��� <br /> U�� � <br /> . �/�.y �6,'�n <br /> O,� �•.:� <br /> Mike Gaffron ��O <br /> City of Orono �0 <br /> Dear Mike: <br /> We just have a few thoughts in follow up to our phone conversation we had fast week regarding the <br /> various options the city is exploring regarding resolution of the fakeshare issue. <br /> We understand the compfexity and we very much appreciate the efforts being made to take this <br /> lakeshore out of limbo—which would also result in taking the investments we have made in our <br /> property out of perrrtanent limbo. At(we are seeking is the formalization of what has been in practice <br /> for a long time and what makes sense for the homeawners,the city,and the defined neighborhoad. <br /> As I mentioned,when we purchased our home in 1999,the disclosure statement stated the la#ceshore <br /> was"technically deeded." You replied that the other houses in the defined neighborhoad coufd state <br /> the same. However,we do fee!there has been and is a distinction as this home has had a dock for many <br /> years(85 or more?}and the reason that has been allowed is due to the distinction of this property(and <br /> the two other properties in questionJ being physicalfy on the 1ake. We realize the actual shore is owned <br /> by the city—but the three homes in question are physically/visually on the fake which is what has <br /> at{owed the city to aiVow us to have docks. <br /> The city has stated to us on more than one occasion that no one living physically/visually off the lake <br /> would ever be allowed to instaf4 a dock—due to security and liabilfty issues—not being able to monitor <br /> its use or protect it. So there is and has been a physical and practical distinction—it is the legal <br /> distinction that we are requesting to resotve. This distinction is furthered by the fact that the <br /> city/county has been able to tax this property(and the two other properties in question)based upon the <br /> practical use of the takeshore and this is not the case for the other properties in the defined <br /> neighborhood that are not physically/�isually on the shore. <br /> We are sincereiy hoping this distincYion can be further applied tio allow for some permanent and lega{ <br /> deeded access—not just aecess to the lake like the hames above—but permanent and legal access to <br /> have and utifize a dock. The intent of the kind gentleman who owned this property and who included <br /> the defined neighborhood in his wishes was envisioned before the time of boats requiring a dock to <br /> access the lake for boating and there were afso very few hames in the defined neighborhoad. <br /> With that thought in mind,we would Ilke to comment on the options you mentioned. The sale of the <br /> lakeshore ta the three homeowners that can feasibly have a dock is the least desirak�le as the <br /> homeowners have already paid for that�alue(in varying degrees increasing by time), based on the long <br /> history of docks and the assurrtption that docks would conYinue ta be alfowed. If the city no fonger <br /> wants to own the shore—that is fine—but the sale of It at any substantial price would seem redundant <br /> and excessive. The cfty paid nothing for this shore—if a sale is deemed the best option for the cfty we <br /> woufd respectfully propose that it be done for a nominal fee. The fourth homeowner(3445)is in a <br /> different situation as you explained—since there is not room for a doek...�rut that was made clear and <br />
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