Encroachment Agreement- June 2007

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October 27, 2008 ��C�lV'��a City Council af Orono ��j � '� 2�d8 City of Orono ��T,f UF. �RC?►�C3 � 2750 Kelley Parkway Oronfl, MN 55356 RE: 3415 CRYSTAL BA�ROAD/DOCK RIGHTS Dear Members of the Council: � We reside at 3415 Crysta.l Bay Road in Orono and have Iived in this home for nine years. We are selling our home due to the unexpected koss of one income and the need to buy at a Iower price point. We have been very open in the documentation far the hause relevant to the lakeshore issue and ti�e fact tliat it is owned by the city but the dock is allowed. , We�ha.ve had aur home on the marke�t since mid-June with futl realiaation of tha�slower Fnarket and we have priced our house to sell - $8I,000 below assessed value. However, ..L...... L..,� �w. «.�:�rsw4 nwa �nre� in4u�vo4o . back fram them within days with an offer. These potential buyers have atl called the city for clarification on the lalceshore issue and they are told: "Yes, you could Iose your dvck privileges, we just can't say if or when." And then we never hear from them again. The history of this situation was told to us by neighhors whose family had owned 3407 Crystal Bay Road dating back to the time of the events that lead us to where we are today. As explained.to us: �ne of the lazger houses behind us(on the other side of the Dakota Trail)owned this Iand(and more} and around the year af 1910 he built these four cabins for his four daughters. He did not want th:e creation of these cabins to inhibit the neighbors, at the time, to feel they could not stiil come down to enjoy the lakeshore. We think that was a beautiful thought then and stiU is today. People are welcome to use it but they dan't. •� Our abstract states that this lot is"assigned perpetual srvimming and boating rzghts'' and that"si»ular rights are extended ta the houaes in the neighborhoo�{defined as Witey's Park, Navarre, and in Biock 10 in Langdon Park."At the turn of the century,that defined neighborhood likely consisted of a small number of houses. I understand that,today, that neighborhood consists of appraximately 150 houses. I have discussed with the offices of the City of Orono wha.t could possibly happen and what possible uses exist that wauld be viable for this defined neighborhood. It seems that it is quite a conundrum. There ia no parking or raom to creato parking. There are no }sublic restrooms and no room to create such, No one from the defined neighborhood comes down to use the lakeshore-it is not conducive to picnics or swimmzng far reasons sta.ted above. It is not the dacks tha.t deter � any such activity—there is planty of room to swim or launch a canoe or kayak—but with no room for parlring or public fa.cilities, it is simply not functionat.