Parcel Map
This is about the three strips of land along Cottage Park Road. The information is from the Ramsey County Tax Assessor, Ramsey County Recorder, and City of White Bear Lake. All the documents with numbers can be obtained from the Ramsey County Recorder. Some can be viewed from links in the Reference section at the end of this report.
There are three strips of land along Cottage Park Road between Cottage Park Road and White Bear Lake. Should homeowners be using these properties for docks and boats in the summer and storage of docks during the winter?
If homeowners are allowed to use these properties for docks and boats, how is it determined which homeowners get to use the properties and when?
Also, how are riparian rights managed? The width of the largest two strips is ten feet. This width is barely enough to accommodate a dock with one boat off the far end much less a dock with boats off each side of the dock. Boats off one or both sides would violate adjacent owners riparian rights.
The first thing that has to be done is to determine the owners of the three properties in question. A quick check on the Ramsey County Interactive Property Map indicates that the City of White Bear Lake owns the properties.
Parcel Map
This map shows the location of the three Parcels. The top is Parcel one, the middle is Parcel two, and the bottom is Parcel three.
Parcel One (2021)
Parcel ID 233022130007: 10 foot strip of land with wooden stairs on slope. Has a dock.
Parcel Two (2021)
Parcel ID 233022130002: 5 foot wide strip of land; previously a 10 foot wide strip.
Parcel Three (2021)
Parcel ID 233022420002: 10 foot strip of land. Has a dock.
The property descriptions and owner information is per the Ramsey County Interactive Property Map and was verified by email from Ramsey County to be the latest information.
The Ramsey County website has the Interactive Property Map that provides a wide variety of information about Ramsey County, including property records such as tax parcels, classifications, valuations, owners, and other details. It can be used to search for property information and to determine the Easement owners.
If someone believes the information is incorrect, they can verify the ownership with the Tax Assessor and/or the County Recorder. If they still believe the information is incorrect, they can present their case to the Ramsey County Examiner of Titles for review.
Some believe that if they are using someone elses property they can claim squatter rights. A squatter can claim rights to a property after residing there for a certain amount of time. In Minnesota, it takes fifteen years of continuous occupation for a squatter to make an adverse possession claim. They must also pay property taxes for a total of five consecutive years.
Excerpts from Minnesota Department of Natural Resources General Permit 2008-0401 - Public Water Work General Permit. See Reference section below for link.
PROPERTY DESCRIPTION: The permittee must own or control the riparian land from which the access dock originates.
NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.
WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work.
LOCALLY DESIGNATED SENSITIVE AREAS: Dock platforms in locally designated sensitive areas are not authorized by this general permit.
Excerpts From DNR handout: Docks and Access in Public Waters. See Reference section below for link.
Docks and watercraft lifts are commonly used access structures on Minnesota lakes and rivers. If you own waterfront property, a temporary structure that provides access to a lake or river is preferred to a permanent structure.
No permit is needed to install, construct, or reconstruct your dock on shoreline property you own.
You may not place a dock or other structure in public waters if the structure is located on property you do not own or have rights to use.
The above information is enough the show that the City of White Bear Lake owns the three properties and that a WBLCD license and/or permit are required for a dock off these properties.
The following information is being retained for informational purposes. The above information property map and the DNR permit requirements are more concise.
An email sent to the White Bear Lake Conservation District (WBLCD) was forwarded to the City of White Bear Lake to determine if it was acceptable to allow docks and boats on City property.
Surprisingly, the City responded by claiming that they did not own the property.
City of White Bear Lake (email 2021.08.25):
... have reviewed the original Plat of Cottage Park (the text of which is included in the attached photographs) and believe the two strips of land you identified in your initial e-mail, in fact, do not belong to the City of White Bear Lake.
Here is the language that leads me to this conclusion:
“All other grounds indicated on said Plat including the park and not numbered and designated as either lots and blocks, or reserved by the owners for Club House or other specific purpose, are reserved by said owners for the free use and enjoyment in Common of said Corporation, and its grantees of said lots and blocks, it and their servants, agents, and employees upon such conditions as said Corporation may impose on its deeds of conveyance and are not intended to be dedicated to public use by this plat.”
It is my understanding that these two parcels were not part of the litigation and final agreement of April 17, 1996. The City did not install and does not own the steps on the one parcel. Based on the language from the Plat, barring any subsequent changes to the Covenants the City is not aware of, the use of these two parcels appear to be reserved for the use and enjoyment of the property owners within Cottage Park.
It is not clear how Ramsey County came to identify the City of White Bear
Lake as the owner of these two parcels; perhaps the Cottage Park
Homeowners Association would be interested in engaging a firm to conduct
an Ownership and Encumbrance Report (O&E) to understand the history,
ownership and rights to enjoyment of these two parcels.
(end of email)
Note 1: The Corporation referred to above is "The Cottage Park Association" established in 1882. This is NOT the same as "The Cottage Park Homeowners' Association" established in 1981.
Note 2: The Cottage Park Association (not the same as The Cottage Park Homeowners' Association) issued a Quit Claim Deed ("228" Deeds 141) to The South Shore Park Company (established 1888); "All their right, title and interest in, All the Lake Fronts, Parks, Drives, Streets, Walks, alleys, and other grounds in Cottage Park."
Note 3: Ramsey County is responsible for determining property ownership. The City owns the property until someone else legally claims it. The Examiner Of Titles would have to make the determination and the ownership change recorded. By now the City could claim squatter's rights or demand payment for past assessments. The Tax Assessor would require payment of back taxes. Legal fees would be involved.
The Cottage Park Homeowners' Association, per their Articles of Incorporation and Bylaws, is a nonprofit corporation incorporated in 1981 in the State of Minnesota to acquire property in the Cottage Park area for the benefit of their paying members. The Association does not seem to have any covenants, conditions, and restrictions (CC&Rs) or approved rules and regulations.
From their documents: "The specific purposes for which the Association is formed are to provide for maintenance, preservation, and control of any Common Area owned by the Association for the benefit of the private owners of property in said Cottage Park Area who become members of Association; ...".
The Cottage Park Homeowners' Association has filed as a nonprofit business with the Minnesota Secretary of State. There does not seem to be any filing with the IRS for the designation as a tax exempt nonprofit corporation.
The Association does NOT own any property in the Cottage Park Area as most people would expect with a homeowners' association. The Association operates as a sports club and does not have any jurisdiction related to any homeowner's property, neighborhood property, or public property in the area. They do NOT have jurisdiction to make or enforce rules for the neighborhood.
The name "The Cottage Park Homeowners' Association" is sometimes confused with "The Cottage Park Association". The latter was the corporation that platted a portion of the Cottage Park area. There is not a legal connection between the two corporations.
The Association or any homeowner has not been able to present a deed or any type of agreement to justify allowing homeowners' docks and boats to use any of the three properties.
An email request was made to the Ramsey County Tax Assessor to verify that the online information was correct. Lakeview Park was referenced because it may have had the same history as the three Parcels. The email response verifies that the information on the Ramsey County Interactive Property Map website matches their records.
Ramsey County (email 2021.09.16):
Including spelling and grammar errors.
In regards to the 3 strips of land, information that we have on record does show the last owner listed as the City of White Bear Lake. There are no knew owners or title changes that have been recorded with us to show differently.
As far as the park, it appears as those that was once
a street or alley or something along those lines that was never vacated
or changed to anything other than that. Again, there has been no documents
changing this information so it would appear it would also be the
city because of the street.
(end of email)
A firm was engaged to conduct an Ownership and Encumbrance (O&E) Report as suggested by the City of White Bear Lake.
This verifies that all three parcels were essentially deeded to a public entity; White Bear Township. They also indicate the parcels are part of Lot B.
Survey A04741112 is an example how, in 2018, the Parcels are being referenced. The survey is for the area bordered by the second and third Parcels described above. It indicates that the two Parcels are owned by the City of White Bear Lake.
O&E Report (email 2021.10.04 & 2021.10.22):
Parcel 23-30-22-13-0007:
Warranty Deed 1134267 to White Bear Township. No other transfers.
Parcel 23-30-22-13-0002:
Warranty Deed 1118073 to White Bear Township. No other transfers.
Parcel 23-30-22-42-0002:
Warranty Deed 1134267 to White Bear Township. No other transfers.
Survey A04741112 included for reference.
(end of email)
Therefore, until otherwise legally determined, the properties belong to the City of White Bear Lake and should be used passively by the public to access White Bear Lake. They should not be blocked or used by docks and boats owned by any private corporation, its members, or private individuals without a WBLCD or DNR permit.
REF 1: 1882: City of White Bear Lake: Cottage Park Plat Preamble Text
REF 2: 1882: City of White Bear Lake: Cottage Park Plat Text
REF 3: 1941: County Recorder: Conveyance of Forfeited Lands 1134267
REF 4: 1941: County Recorder: Warranty Deed 1118073
REF 5: 1981: Cottage Park Homeowners' Association Articles of Incorporation
REF 6: 1995: Amendment to Agreement 2219607. Recitals in 2863748 (abstract)
REF 7: 2019: County Recorder: Survey A04741112
REF 8: Ramsey County Interactive Property Map
REF 9: 2022: MN DNR Dock General Permit
REF 10: 2022: MN DNR Docks Handout