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C ,i <br />that portion of their respective lots which is embraced within tract B, ALS No. <br />924. Subsequently they rerlatted the property as North Ars Estates Third <br />Addition and divided the parcel between thew, adding the east 30 feet thereof to <br />the Andersons' lot and the raminder thereof to Veda's lot. The parties agreed <br />that they would build a joint dock for access to Lake !Minnetonka on the pareel <br />which was added to the Andersons' lot and that an copurtanant easement would be <br />granted to Veda, to run with the land, for :he u.se of the dock, with an <br />agreement that the parties share in the upkeep there:. <br />That Claimant has written correspondence between the par'.ies evidencing the <br />agreement but a formal Deed granting the easement has never bass prepared and <br />f sled. <br />That the parties did in fact build a joint dock and have continued to use it <br />jointly to this date, proceeding in every way pursuant to the teras of their <br />agreement with regard to the easement. <br />That Claimant has prepared and presented to Mrs. Anderson for her signature <br />a recordable Deed formalizing said easement but she has failed and refused to <br />execute the same. <br />CLA LM TWO <br />That Andersons' predecessor in title caused a pond to to created upon said <br />Lot 2, Block 1, North Ara Estates Third Addition near the boundary line with <br />Claimant's Lot 1, Block 1, North Ara Estates Third Addition. Drainage from said <br />pond was across the Anderson property and down to Lake Minnetonka. <br />That drainage from said pond has become impeded causing thj pond to becou <br />Increasingly larger to the point that it has expanded onto Claimant's property, <br />covering a substantial part of it with water or at least making it wet and <br />