Easement Overview

This overview discusses the various partitions of Park A, a property owned by the City of White Bear Lake. There is also a discussion of other properties in the Cottage Park area. Also included are survey and area maps.

Easement Owners

Ramsey County considers Homeowners that do NOT have lake access as easement rights owners. These properties are designated as water rights lots, specifically "WATERRIGHTS LOT", on their website.

The easement rights add assessed value to these properties resulting in additional property tax. The only people paying property taxes are these property owners. The City is tax exempt and the Association is not paying property taxes. It's also interpreted to mean that the easement owner is allowed to use the easement rights to launch a canoe or kayak onto White Bear Lake. It does not include any property tax related to boats and docks. The docks and boats are regulated by the DNR and the WBLCD.

This can be verified by searching the online Ramsey County Interactive property map. At the bottom of the "Property Value" web page for a selected property find the "Descr" tag under the Land section. A value of "WATERRIGHTS LOT" indicates an easement rights owner. More information can be obtained by communicating with one of the contacts on the upper right corner of the web page.

From Interactive Property Map

The Cottage Park Homeowners' Association claims to own the easement rights to a portion of the property while Ramsey County, by law, has a different interpretation.

This also means that Association does not have any legal right to claim or control the easement since someone else actually owns the easement rights. The only legal way any agreement can be concluded regarding the easement is for the owners to unanimously sign a notarized document.

It's also worth noting that the Association never updated their Articles of Incorporation or bylaws to address any easement rights. Their articles and bylaws only relate to owning land. The Association does not own any land.

Agreements

This is a summary of the information from the following three agreements: 2219607(Abstract) 1983, 2863748(Abstract) 1995, and 1118663(Torrens) 1996. See documents links in Reference section at the end of this report.

Homeowners' Easement: From Agreement 2219607 it's not very easy to determine the easement rights owners but it becomes very clear after implementation by Ramsey County per Easement Owners section above.

1. Initially the agreement states that the Cottage Park Homeowners' Association claims that it is representing the Homeowners.
2. Then it states the City of White Bear Lake conveys and grants a perpetual easement in favor of the Association.
3. Then states that the easement is for the benefit of all Homeowners.
4. Then it states that the easement rights are subject to and in accordance with membership requirements, rules and regulations established by the Association.
5. And then states "or by law".
6. Then concludes; "This easement shall run with the land."

There appears to be some problems. 1) Why is the Association both representing the Homeowners and at the same time claiming easement ownership? 2) How can the Association claim a perpetual easement if they don't own land? 3) Why add the clause "or by law" after the declaration? 4) Then there is "This easement shall run with the land" that can only be implemented with land owners; the City and the Homeowners?

It becomes apparent from a statement by the Examiner of Titles at the time.

"Any restrictions on easements should not run in favor of a temporary homeowner's association. Since such an association is not the owner of the parcels benefited, it should not be the recipient of the rights. The rights should be retained by or granted to the lots or parcels of land which are to be benefited."

Note that the Association is considered temporary because it does not own land that would benefit from the easement rights.

The two agreements, 2219607 and 2863748, are the result of an out-of-court settlement with the City for easement rights for a portion of the property. The original purpose of the court case was for the City to register title to the Park A property. The Association initially claimed they owned the property, but failed in their effort. Document 1118663 closes the court case and the Ramsey County Registrar of Titles issues the property title to the City and implements the easement rights "by law".

1. The Association is consider "temporary" because it does not own land, as claimed in their Articles, so therefore does NOT qualify to own perpetual easement rights.
2. Water front properties cannot own the easement rights since they already have water rights (benefits) that would be duplicated.
3. The lots or parcels benefited are owned by homeowners that do not have water front lots. Therefore, they are water rights lots.

Nature Preserve Easement: From Agreements 2219607 and 2863748: The Nature Preserve Easement shall be subject to following uses and limitations:

1. The area subject to the Nature Preserve Easement ("Nature Preserve Area") shall be designated the "Cottage Park Nature Preserve." This Nature Preserve Area shall be retained in a wild, undeveloped, natural state, for the use and enjoyment of the public. Public use of the Nature Preserve Area will be passive, limited to aesthetic enjoyment and other similar purposes.
2. The Nature Preserve Area shall not be for active use, such as, by way of example and without limitation, picnicking, volleyball, swimming, or biking.
3. In order to preserve the natural state of the Nature Preserve Area, nothing shall be constructed or placed on the area, such as, by way of example and without limitation, signs, bike paths, picnic tables, walkways, docks, boat launches, or paving.
4. No vegetation, trees, grass, or other plant material shall be cut or removed from the Nature Preserve Area, except diseased or damaged vegetation may be removed and/or replaced by the City.
5. The City's agents or employees shall have the right of access on the Nature Preserve Area at any time and in any manner necessary to preserve or protect the health, safety, or well-being of the public and the right of access anywhere on or across the Subject Property for police, fire, ambulance, and similar emergency vehicles.
6. Public use of the Nature Preserve Area is limited to daylight hours.
7. The Nature Preserve Easement does not relinquish the City's riparian rights accruing to the Nature Preserve Easement area and docks from other areas may not be extended to violate such riparian rights.

Pedestrian Walkway Easement: From Agreements 2219607 and 2863748: The Pedestrian Walkway Easement area shall be subject to the following uses and limitations:

1. The area subject to the Pedestrian Walkway Easement ("Pedestrian Walkway Area") shall be for such public pedestrian use as is necessary for or incidental to the use and enjoyment of the Nature Preserve Area, including normal or random public pedestrian ingress and egress.
2. In order to preserve the natural state of the general area, nothing shall be placed or constructed on the pedestrian walkway except an identification sign not exceeding four hundred (400) square inches and, at the request Cottage Park Homeowners' Association or property owners abutting the walkway, reasonable fences or barriers which will direct users along the walkway. Said improvements shall be designed and constructed in a fashion which does not unreasonably impact the aesthetics of the area.
3. Upon request of the Association, the City shall restrict or prohibit parking in the Cottage Park area and/or place limitations upon use of the Pedestrian Walkway Easement to prevent or alleviate nuisances, traffic, or other similar problems resulting from public use of the Pedestrian Walkway Area.
4. The City's agents or employees shall have the right of access, including access by police, fire, ambulance, and other similar emergency vehicles, on the Pedestrian Walkway Area at any time, and in any manner necessary to preserve or protect the health, safety, or well-being of the public.
5. Public use of the Pedestrian Walkway Area is limited to daylight hours.

Survey Maps: This 1984 map is from the survey of the land involved in the legal action. The handout is from the City of White Bear Lake Engineering Department. Handout.

This is a better copy of the survey map: Map. It verifies that the Homeowners' Easement shoreline is 175 feet. Actually, 60.96+114.6=175.56 feet. From the White Bear Lake City Engineering Department.

Property

There are several parcels of land owned by the City of White Bear Lake that provide access from Cottage Park Road to the shore line of White Bear Lake. One parcel contains the Cottage Park Homeowners' Easement and the Nature Preserve with Walkway. There are two other parks; Lions Park and Lakeview Park. The remainder are small strips of land that are ten feet wide or less.

Agreement Property

Homeowners' Easement: The City of White Bear Lake owns the property described in the agreements. The Cottage Park Homeowners' Easement coincides with the City property with the exclusion of the Cottage Park Nature Preserve Easement and Pedestrian Walkway Easement.

To decipher the property description in the agreements, visualize it as layers. Layer one in the overall boundary of the property owned by the City. The second layer is the Cottage Park Homeowners' Easement over all of the City property. The third layer is the Cottage Park Nature Preserve Easement and the Pedestrian Walkway Easement over the Homeowners' Easement.

The original agreement is Document 2219607. The final agreement, Document 1118663, has the latest property description. See the related documents and survey maps. The Homeowners' Easement shoreline is 175 feet; actually, 60.96+114.6=175.56 feet. 150 feet of this, from the easterly easement boundary, is dedicated to boats and docks.

The agreement property is made up of two land parcels and a portion of a third.

1. Between Lots 13 and 14 Block 1: Lot 13 is part of Lions Park. A 10 foot strip of City property and part of Cottage Park Homeowners' Easement. This land does not have a parcel ID.
2. Behind Lots 14 to 19 Block 1 up to Lot 1 Block 2: City Property that contains the Cottage Park Homeowners' Easement and the Cottage Park Nature Preserve Easement and the Walkway Easement. This land has parcel ID: 233022130039.
3. Northwest of Lot 1 Block 2: 10 foot strip that is divided between Lot 1 Block 2 and property to northwest that is parcel ID 233022130039 described above. The part owned by Lot 1 Block 2 is 113.75 feet from the line extending from the rear or lake side of Lot 1 Block 2.

Nature Preserve and Pedestrian Walkway: The Walkway is 8 feet wide and is along the easterly side of Lot 19 Block 1 extending 25 feet beyond the rear of the Lot. The Nature Preserve starts 50 feet north of a line parallel with the rear of lots 14, 15, and 16 Block 1. Then tapers to 25 feet at the rear of Lot 17 Block 1. Then continues at 25 feet behind Lots 18 and 19 Block 1 and across the end of the Walkway. The boundary then continues to the lake shore roughly parallel to the north-westerly side of Lot 1 Block 2.

Notes:

1. There was supposed to be a separate eight to ten foot wide entrance for the Homeowners' Easement from Cottage Park Road. From the plat map there seems to be plenty of room but after the survey, the corner of the Pedestrian Walkway was found to be about 1.6 feet from the corner of Lot 1 Block 2. Technically there is still an entrance, it's just 1.6 feet wide.
2. The boundaries between the Nature Preserve and the Homeowners' Easement AND between Lot 1 Block 2 and the Homeowners' Easement is designated by angles from survey markers defined on the last page of agreement 1118663. There are no legal property stakes or markers along the lake. The boundary on the survey map along the lake appears to be for reference only and is not part of the legal property description in the agreements.
3. The boundary between the Nature Preserve and the Homeowners' Easement divides the swimming area approximately in half. There is a re-bar stake buried on the Homeowners' Easement along the lake shore fifteen to twenty feet from the boundary. This has been placed there by the Homeowners and the City to respect the riparian rights of the Nature Preserve and designating a dock and boating restricted area between the boundary and the re-bar to protect swimmers.

Other Property

1. Between Lots 6 and 7 Block 2: 10 foot strip of City property with wooden stairs on slope. Has a dock without a permit. Parcel ID 233022130007.
   Note: The Minnesota DNR allows installation, construction, or reconstruction of a dock without a permit only on shoreline property you own. Also the stairs do not meet City building codes.
2. Between Lots 12 and 14 Block 2: Lot 13 Block 2. A 5 foot wide strip of unused City property. Parcel ID 233022130002.
3. Between Lots 18 and 19 Block 2: 10 foot strip of City property. Has a dock without a permit. Parcel ID 233022420002.
   Note: The Minnesota DNR allows installation, construction, or reconstruction of a dock without a permit only on shoreline property you own.
4. Lakeview Park: City property at the corner of Lakeview Avenue. Does not have a Parcel ID or Lot number. Has bench, fishing dock, and canoe/kayak rack.

Area Maps

Area Map: This is a map of all the Homeowner's properties in Cottage Park.

Portion of N233022 Map: This is a portion of the Ramsey County Parcel map that shows the area where the Homeowners have Easement Rights.

N233022 Map: This is the Ramsey County Parcel map that shows the northern part of the Cottage Park area.

Reference

REF 1: 1983: 2219607 (Abstract): Declaration of Easements, Uses and Limitations. This agreement establishes the Cottage Park Homeowners' Easement, Nature Preserve Easement, and Walkway Easement.

REF 2: 1995: 2863748 (Abstract): Amendment to agreement (2219607).

REF 3: 1996: 1118663 (Torrens): Order and Decree of Registration. Title assignment to City of White Bear Lake. This document has updated outside boundary description.

REF 4: 1996: 380298 (Certificate of Title): Certificate of Title assigned to City of White Bear Lake per Document Number 1118663.

REF 5: 2022: A list of all Homeowners with "WATERRIGHTS LOT" designation

REF 6: 1981: Cottage Park Homeowners' Association Articles of Incorporation.

REF 7: 1981: Cottage Park Homeowners' Association Bylaws.

REF 8: Ramsey County Interactive property map.