3. 3 Letter from Summerby re LHL easementEdmund K. Summersby
20457 Quinnell Avenue
Scandia, MN 55073
(Not a mailing address at this time)
Mayor Christine Maefsky
City of Scandia
14727 209th St. N.
Scandia, MN 55073
Dear Mayor Maefsky,
April 26, 2017
I regret that I was not able to attend the City Council Hearing last Tuesday evening
regarding Log House Landing, as that is a matter of considerable personal interest to
me and my family. As you probably know, my ancestors (in my parent's generation)
donated an easement along the south side of Log House Landing Road (formerly
Eckdahl Avenue) extending down to the river "for the purposes of a public park, but
not to be used as a tourist camp or camping ground" (according to the August 13,
1935 deed given to what was then the Town of New Scandia).
My wife Judy and I own the property immediately south of the road; technically, the
owner is a limited liability company we set up, but she and I are the sole owners of
that entity. In January 2015, we obtained a Certificate of Survey of our property,
which shows the boundary lines of Log House Landing Road, as well as that 1935
easement, and the area that has been developed for public water access where the
road reaches the St. Croix River. This survey shows that the existing launching ramp
actually extends beyond the 1935 easement and encroaches onto our property. The
encroachment occurs on the south side of the lower ramp, and occupies an area
about 10 feet wide (north -south) by 30 feet long extending to the water at the
shoreline. This is about half the width of the lower ramp.
At the time we learned of this encroachment, the City was still in discussions about
the future of Log House Landing Road, and we did not feel the need to raise this
issue until it became more clear what direction the City would take on further
developments to the road. However, now that the City Council is focused on designs
for the ramp, we feel compelled to speak up. Specifically, we feel that this issue
needs to be resolved as part of any final decision on ramp plans.
As a general matter, we support the concept of water access on Log House
Landing—that's part of the area's history. At the same time, we do not wish to
continue or exacerbate any encroachment on our property. Accordingly, we are
eager to discuss with the City how we can mutually resolve the encroachment
problem in a way that will ensure long-term public water access.
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To that end, my family is willing to enter discussions about terms for donating the
area of the encroachment to the City. We don't need to focus on the real estate
formalities here—whether this would take the form of an easement or a deed of
some kind. What's more important is an agreement about how the ramp will be
developed.
We fully support Option 3 for the ramp—that is, make any natural improvements as
needed to allow walk-in and carry -in boat access, but prohibit use by vehicles and
trailers (with the exception of emergency vehicles). We are not in favor of any
concrete additions or enlargements to the ramp. This is a designated wild and
scenic river, and as such should be protected from such modernization. Further in
this connection, it should be noted that over time, like all rivers, continual bank
erosion is making the St. Croix River ever wider and as a result, shallower. The time
is surely coming when this stretch of the river will no longer be deep enough for
motor boats on a regular basis in mid -summer. Surely that is a reason for the City
not to spend public funds "improving" the launching of motor boats on trailers in
this location.
The topography of Log House Landing where it meets the river is not and never has
been suitable for launching motor boats from trailers towed by cars and trucks. The
terrain is just too steep and the elevation drop from the road and parking area to
the water's edge is too great for constructing and maintaining a launching ramp that
will withstand the wear and tear from truck and trailer traffic, the erosion from
periodic St. Croix River flooding, and at the same time present an appearance in
keeping with the intended rustic and rural character appropriate for this nationally -
protected scenic riverway administered by the National Park Service.
Throughout its history, from early mid -19th century when Swedish immigrants
came up the river from Illinois to settle in Marine and then Scandia, until mid -20th
century (early 1960s) Log House Landing presented a steep approach from the river
up a series of wooden steps from the water's edge leading to the path up the hill that
led to the village of New Scandia. Much of the road and the landing were covered
with wild grasses and the landing was used for picnics, fishing and swimming. This
all changed after trailered boats began using the landing.
It was early in the 1960s (a few years prior to the National Wild and Scenic River
Act) that the Town of New Scandia decided to construct a launching ramp for boats
on trailers. This necessitated removal of the long flight of wooden steps leading
down to the water and required considerable cutting of the bank by a bulldozer to
carve out a steep and curving launching ramp. From the start, it has been a difficult
route for launching a boat, with steep grades, a sharp right-angle bend, soft gravel
and constant erosion. Backing a boat trailer down to the water, not to mention
pulling the loaded trailer up the slope again later, is a daunting challenge for even
experienced drivers.
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Up and down the river, the sound of spinning tires and straining auto engines
laboring to pull a heavy trailer up out of the water is a constant summertime
reminder that this is a difficult place to launch a boat. On top of the difficulty of
negotiating the ramp, the churning and gouging of the gravel surface by spinning
tires, and the on-going erosion damage to the few remaining plants and grasses on
the slope contribute to creating a most unsightly and inappropriate appearance on
this beautiful stretch of the St. Croix River.
It is because of the difficult topography and steep terrain that we believe there
should not be a launching ramp for trailers at Log House Landing. Though the
options for a concrete launch, whether pre -cast planks or cast in place concrete, may
partially mitigate the erosion problem, the industrial/ commercial appearance
would be extremely inappropriate for this rural and natural location. There are
other more suitable launch sites for trailered boats close by, most notably William
O'Brien State Park. For all these reasons, our family favors Option 3, for a carry -in
path for launching canoes, kayaks, paddle boards and other small craft.
If the City were to select Option 3, we think the encroachment problem can be easily
resolved—we can remove the cloud on the City's title to the land on which the ramp
is located by delivering an appropriate legal document to the City, subject to the
condition that the ramp always be maintained with natural materials for walk-in
and carry -in access only. This would accomplish several things:
Ensure the public has long-term water access at the Log House Landing site.
Ensure that such access has the least environmental impact, a low overall
cost, and maintains a rustic appearance in accordance with the Wild and
Scenic River Act.
Eliminate my family's concerns about liability and other matters related to
the property encroachment.
Avoid the added cost—to the City, and to my family --of potential disputes
over the status of the encroachment area.
We have consulted an attorney to better understand our property rights and have
been advised that Minnesota statutes require express written consent from
property owners to grant easement rights in connection with recreational uses
regardless of the length of time that the use has occurred. We believe the
encroachment is a real issue that cannot be ignored.
We look forward to resolving this issue amicably and urge the City Council to adopt
Option 3, and authorize your staff and legal counsel to work with us on the details of
removing the encroachment on our property adjacent to the ramp.
Sincerely,
Ed Summersby
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