HomeMy WebLinkAboutLtr from Peper Law 6-23-21PEPER LAW OFFICE, P.C.
i 0285 YEI..I_ow CIRCLE DRIVE, SUITE 105
. MINNETONKA, MINNESOTA 55343
♦V♦
LEPHONE (952) 9414446
WILLIAM C. PEPER'�
weeper@peperlaw.com
CE'RT/F/ED REAL PROPERTYLAW SPEC/AL/ST BYTKE M/NNESOTA STATE BAR ASSOC/AT/ON
June 239 2021
Via Email to dwalsh2(a�ci.orono.mn.us and via U.S. Mail
Dennis Waish
Mayor
City of Orono
2750 Kelle4
55356
RE: Ownership of vacated Say Place on Big Island (Morse Island Park)
Lots 19 and 20, Morse Island Park
That part of Govt. Lot 3, of 22417-23, lying south of westerly extension
of the north line of Lot 8, Morse Island Park
Dear Mayor Walsh:.
I represent Nancy L. Farnes regarding ownership of the above referenced parcels on Big
Island. I write to advise you and city staff, including the Conunuwty Development Director, the
City Attorney as to whether the city of Orono can or should provide a permit for a private, land-
locked and undeveloped parcel owner to place a dock on Bay Place or other portions within the plat
of Morse Island Park.
Hennepin. County real estate records show that the entire Bay Place, as platted, was vacated
by court order dated Apri12b,1905 and filed Aprii 27, 1905, as Document i�io. 4082:83 with the
Hennepin County recorder's office. One portion of vacated Bay Place was appended to Mary A.
Linton, the then -owner of Lots 21, 22, 23 and 24 in Morse Island Park. The rest of Bay Place was
also vacated, as described in the order: "...that the title in fee simple to all the balance of said Bay
Place so as aforesaid vacated is in William B. Morse. The said respective portion of said Bay Place
so as aforesaid adjudged to be in Mary A. Linton and William B. Morse is respectively that portion
of said Bay Place that abuts on their respective lots." (Emphasis added)
William Morse platted Morse Island Park and through his ownership of abutting lots,
acquired fee title to the balance of the vacated Bay Place. The accrued,. vacated "street, alley or
right -of --way" became part of any subsequent conveyance, even if omitted from reference on the
deed. See Minn. Stat. § 507.17. My client subsequently acquired Lots 20 and 21, Morse Island Park
and is therefore the owner of a portion of the vacated Bay Place. Lots 18 and 54, Morse Island Park,
would be the other owners of portion of vacated Bay Place. The entirety of formerly platted "Bay
Place" is now privately owned. Therefore, the city has. no ability to grant permits to the public or
otherwise interfere with the private ownership of these accrued parcels within Bay Place.
I understand the city has also considered providing a permit for the unnamed alley shown on
the plat of Morse Island Park, roughly described as an approximately 16400t-wide extension west
of platted Meadow Lane, immediately to the south of Lot 6, Morse Island Park, owned by my client.
However, my client also owns Parcel No. 22-117-2341-0003, which is described as: That part of
Government Lot 3, in 22-117=31, lying southerly of the westerly extension of the northerly lot line
of Lot 8, Morse Island Park.
This land, consisting of a north -south parcel, 14 feet wide at the alley and fronting Lots 6, 7,
8, the unnamed alley and a portion of the land south of the alley, all along the shoreline, extends
south past the referenced alley. Consequently, the unnamed alley has no shoreline and there is
no authority for the city or any party to construct a dock on this alley Marcel Attached for your
reference is a 1984 survey of my client's shoreline parcel, which is also registered land.
Furthermore, as to the above property, the dock would be immediately out of compliance
with LMCD regulations since it would necessarily be within 10 feet of an adjoining property.
Nearly any dock on any claimed public alley or road would violate this provision.
Finally, I note that there are. at least 18 existing tax parcels without apparent lakeshore in
Morse Island Park, all of which would now appear to have the right to claim a city dock permit.
Would the City rotate this permit so that each parcel had an annual dock once every 18 years? Do
you choose winners and losers? How would the city go about implementing this process while
maintaining fairness to each of the landlocked parcels?
Additionally, my client has learned that the zemaining owners on the Morse I
of Big Island will be presenting to the city a petition objecting to the city's ability to
licenses or other permits for use of docks on any of the vacated parcels. My client ah
objects to the pending dock applications because such dock placements and/or usage
City and LMCD ordinances and regulations.
Please contact me if you have any further questions.
Encl.
cc: Jeremy Barnhart, Comm. Dev. Director
Orono City Attorney
Orono Planning Commission
Client
Very Truly- urs,
William C. Peper
Park side
specifically
rill violate
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