Plot twist: Elk Rapids Township could own part of harbor

Oct. 20—ELK RAPIDS — Research conducted by an experienced surveyor not only added a chapter to the ongoing saga of who owns Island House — the historic property leased by the library — it also uncovered a plot twist.

The five-acre triangularly-shaped lot on which Island House sits also includes part of the harbor, maps provided by Dean Farrier of Kalkaska-based Farrier Surveying Inc. show.

"I was hired to answer a question — I'm not going to say a simple question because it really is rather complex — but the question is, what does the township have interest in, around the library and the island," said Farrier.

Farrier made the comments Tuesday morning at a special meeting of Elk Rapids Township trustees to share Farrier's findings with the public and hear options from township attorney William Derman and contracted Grand Rapids attorney Matthew Zimmerman.

Turns out, the township has "an interest" in Island House, as well as a slice of Edward C. Grace Memorial Harbor's parking lot, boat slips 21-27, the copper-roofed brick building housing the restrooms, day room and laundry facilities, plus the matching pavilion and even a portion of the kids fishing pond.

"I'm quite confidant the public island, the library island, was drawn on this map by benefit of a ground survey and not willy-nilly," Farrier said, of a 1942 map.

Township officials hired Farrier to research the property's boundaries after a long-forgotten deed surfaced earlier this year during lease negotiations between Elk Rapids District Library Board trustees and officials with the Village of Elk Rapids.

The discovery, among other issues, led the library board to suspend the capital campaign, opened in 2018, which had intended to raise funds to expand Island House.

A number of donors have asked for their money back and so far more than $600,000 has been refunded, records show.

While decisions about the property have been made in recent decades based on full ownership by the village, the newly uncovered deed states the village gave the township half-interest in the property in 1960.

A year later, the harbor opened following a dedication ceremony in which Gov. George Romney spoke, commending residents for undertaking such an ambitious project without state help, according to Rotary Harbor Day Memories.

Officials back then financed the project through private donations and support from Rotary Charities, obtained an easement from Consumer's Power Co. to cross that company's land to build a road and construct a breakwall.

But they never checked with Elk Rapids Township before constructing the harbor and the marina's parking lot that today juts out into the East Arm of Grand Traverse Bay.

There was a public vote of some sort in the 1970s in which a majority agreed to give the property back to the village. The details on who voted are spotty, however, and officials said they aren't sure who voted or why no action was taken.

"I don't think it's a fault of anyone on this board or any other board, really," said Elk Rapids Township Supervisor Dorrance Amos. "It just slipped through the cracks and now we're dealt with this hand to fix. And we're going to have to clean it up."

Zimmerman offered three legal options: do nothing, lease or sell the property back to the village or work with the village on a "tenant in common" agreement.

Only one of those — the agreement — got the nod from Zimmerman.

The other two could leave the township liable, either to damages from a hypothetical personal injury lawsuit if there were ever an accident on the property or to the ire of state legal types for violating general township law.

Which, Zimmerman said, allows townships to accept property but does not allow for its sale or lease unless the property is no longer being used for public purposes.

"Even though many people might suggest to you that you should just lease it, or quit claim it for a dollar back to the village, as long as it's being used for public purposes you don't have the authority to do that," Zimmerman said.

"I would highly recommend that you not consider that a viable option at this time," he added.

Township trustee Dick Hults, who also serves on the library board and is chair of that board's building committee, asked whether the public use statute would still apply if the library board decided to terminate their lease of Island House and build a new library in another location.

A motion by Hults made last week at a library board meeting, seeking to gather information on just such an option, passed 6-2.

Zimmerman said he thought it was possible public use would end if the library left, yet he also said non-library activities by township residents at the property, such as walking, hiking, sunbathing, etc. might still be considered public use.

The results of the survey were earlier shared with village officials in a meeting Monday, between Amos, Hults, Farrier, Derman, Zimmerman and Elk Rapids Village Manager Bryan Gruesbeck, Elk Rapids Village Council President Jim Janisse and village attorney Scott Howard.

On Tuesday there was unanimous verbal agreement among township trustees to forward a draft "tenant in common" agreement to village officials and give them time — perhaps 30 to 60 days — to conduct their own research and consult with their attorney prior to making any formal decisions on the property.

"The village has clearly maintained the property for well over 40 years and we will continue to do so," Gruesbeck said. "The issue isn't as much with the survey as it is with trying to work through a solution with the township on ownership and responsibility for the property."

The next meeting of the village council is Nov. 1 at 7 p.m.