Laserfiche WebLink
utut <br /> liii WELD RILEY, <br /> November 11, 2020 <br /> CCI DVL <br /> Mr. Jason Towne,Land Services Director NOV 1 2 2020 <br /> Burnett County <br /> 7410 County Road K#120 =urnett my <br /> Siren, WI 54872 land Services Department <br /> VIA EMAIL:jtoc tne'u burneticount‘.urr.: <br /> RE: Voyager Village Docking Facilities <br /> Dear Mr. Towne: <br /> We represent the Birch Island Lake Association ("Birch Island Association") and the Loon Lake <br /> Property Owners Association ("Loon Lake Association")r regarding the above-referenced matter. <br /> It has come to the attention of the Associations that Voyager Village intends to add 32 more slips <br /> to their docks at Loon/Cadotte Lake and 32 slips at Birch Island Lake. In 2002 the number of boat <br /> slips were increased from 28 to 38 on Loon/Cadotte and from 18 to 30 on Birch Island Lake. The <br /> Associations oppose any such additions for many reasons,some of which are set forth in this letter. <br /> Of primary importance is the January 9, 1996 Developers Agreement between Voyager Land <br /> Company, Ltd. and Burnett County ("the Developers Agreement") which specifically prohibits <br /> any additional boat slits on Birch Island Lake. Section 3 of the Development Agreement states as <br /> follows: <br /> "No additional docking facilities or shoreline development within the Property will <br /> be done on Birch Island Lake. Boat storage and docks on Birch Island Lake shall <br /> be restricted to the existing"marina." <br /> The Developers Agreement was a condition of rezoning a portion of the Voyager Village property. <br /> The Associations respectfully request Burnett County ensure that this condition will be enforced. <br /> Not only does the Developers Agreement specifically preclude additional docking facilities, it is <br /> arguable the Birch Island Association is a third-party beneficiary of the Developers Agreement,as <br /> the primary benefit of the dock restriction in the Developers Agreement is to benefit the riparian <br /> owners which constitute the Birch Island Association. In the event Voyager Village seeks approval <br /> ' The Birch Island Association and Loon Lake Association are collectively referred to herein as the"Associations. <br /> Weld Riley,S.C.A Wisconsin Limited Liability Entity <br /> 3624 Oakwood Hills Pkwy, P.O. Box 1030 • Eau Claire, WI 54702-1030 • 715.839.7786 • 715.839.8609 • weldriley.com <br />