1958-07-24 Attorney Land Title OpinionTI
S 'I -o-rid- arses Villace Coun.cil
011\1eill J. GrathT,-,Tol, Villa7e 1'�ttorney
Re: Phelps Ise and Park First Addition
Race 2
I
-2
!,,Te hada si-mila-1- sJ_tu,�tion in the LTi lla,, e of Dee-phaven loThe-re all o" T
the
ot,,Tners --of the property -In the plat of TI)eqphw..,-en Park had certai-n ripa,iCian
rights to park boats, to use f o-ns-wrirmim� and other purposes, the shore line
adjacent to Deephaven -Park. The villadeaccTaired title property this poperty and
our Ciourt passed upon...
ipon the ver -y- qi.iestion that we have before
us in negArd',x -to Pe,,-qbrok-- Farr and the conclusion reached vias as above
stated.
T
� it, IaIVIUL
0 �NEILu U 0 R,
Villlea.ge Attorney
0 IJTGMI�
GRATHWOL AND PLOETZ
ATTORNEYS AND COUNSELORS AT LAW
444 SECOND STREET
O NEILL J. GRATHWOL
RAYMOND C. RLOETZ EXCELSIOR, MINNESOTA GREENWOOD 4-a649
July 24, 1958
Village Council.
Island Park, Minnesota
At the council meeting the other evening the mayor requested that I check up
on the private street adjacent to Lots 71 and 72, Phelps Island Park First
.Addition.
I checked the plat of this property and the following statement relative to
the dedication of streets is on said plat:
"The avenues, streets, parks and wharves shown on said plat (excepting the
county road so designated) are not intended for public use or dedicated for
public purposes, or to be subject to public or municipal control, but are
intended for private use and enjoyments, and are and shall remain the sole
and exclusive property of said proprietors fC. Phelps and wife their heirs
and assigns and be controlled, improved, graded and maintained and regulated
by them for their own benefit and the common use and enjoyment of the owners
of said lots, their heirs and assigns, forever."
The particular street in question was owned by Carrington Phelps and wife and
by conveyances was finally conveyed to Pembroke -Devon Improvement Association.
That association deeded Lots 71 and 72 'land private street lying South of Lot
72" to the Village of Island Park and this was on July 205 1953• Thereafter,
I presented to the County Auditor an application to have said lands declared
exempt. The application was granted but in working on the matter, that part
of the property described as "private street" was overlooked and the taxes were
continued to be levied on it.
In order to clear this up I prepared a new deed which I have sent to Mr. Dell
Pfeifer on July 7, 1958. This new deed will be signed by the Pembroke -Devon
Improvement Association and delivered to me. I will file it for record on
behalf of the village, turn a copy of it over to the County Auditor and have the
taxes on this land abated. I will also have this "private streetlt declared
exempt.
The fee title to the land. in question is in the Village of Island Park. Every-
one who owns land in Phelps Island Park First Division has a right to use the
street. The village obtained title to the property for park purposes, which
gives the general public the right to use the street. The right of the owners
of property in Phelps Island PVk rust Division is a positive right but it is
now subject to a right of the general public because the village owns the fee
title to the property.