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r <br />el <br />on <br />**Tw-jn <br />ns. <br />.;’<V <br />and Duluth R. Co., 43 Minn. 104 , 42 N.W. 596 Minn. (1890). In <br />this case the predecessor railroad of the St. Paul and Duluth <br />Railroad Company had condemned land which included the shoreline <br />of the Bay of St, Louis, Land owners cutoff from the Bay sued to <br />prevent the construction of the railroad. The Court concluded <br />as follows: <br />We deem it unnecessary to decide whether the interest <br />appropriated by the condemnation proceedings was the <br />whole estate in fee simple, or only an easement. We <br />will assume that it was only an easement. The <br />Corporation acquired the right to the exclusive <br />and perpetual use, for railroad purposes, of the <br />premises which were the subject of the proceedings. <br />Until in some manner the riparian rights should be* <br />severed from the riparian estate, they would remain <br />properly incident and appurtenant thereto." id. at <br />121. <br />In the situation at hand, the original 1902 plat of North Shore <br />Cottage Acres stated "we hereby donate and dedicate to the public <br />use forever all the streets and roads hereon shown." The public <br />thereby acquired the right to the exclusive and perpetual use, for <br />public road purposes, of the Ferndale Road easement. At the time <br />of this dedication, the plat shows that the shoreline of Parcel B <br />was within the Ferndale Road easement. Consequently, Parcel B has <br />no shoreline, no riparian right to dockage, and does not meet the <br />qualifications for an authorized dock area set forth in the LMCD <br />Code. <br />City Easement <br />As noted above, the Ferndale Road easement over Parcel B is <br />occupied by the paved portion of Ferndale Road up : a distance of <br />feet of the shoreline of Lake Minnetonka. The city Public <br />-8