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11. on December 13, 1993, Plaintiffs told the City of Otono <br />City council ("Council”) that they objected to City control of <br />the gates, and that the Disputed Property is not subject to a <br />public road. <br />12. On December 13, 1993 Council voted to exercise control <br />of the gates and to control use of the Disputed Property to gain <br />access over the Jerome and Lindell Properties tc Lake Minnetonka. <br />13. The Disputed Property is not subject to a public road. <br />14. City did not record in the office of the Register of <br />Deeds a supervisor's road order which purportedly creates the <br />alleged public road. <br />15. On Match 5, 1993 the Registrar or Titles entered <br />Certificate of Title No. 789312 to Jerome for the Jerome <br />property. A copy of cancelled Certificate of Title No. 541310, <br />which was transferred to Certificate No. 5789312, is attached as <br />Exhibit B. A Contract for Deed to Jerome as vendee is <br />memorialised on the Certificate as Document No. 2146941 filed of <br />TGCord on January 4# 1991« <br />16. The Jerome Property was originally registered <br />October 12, 1942. The title registration proceeding did not <br />disclose the existence oC the alleged public road. <br />17. Title to the Jerome Property was registered without any <br />reference to a public road over the Jerome portion of Disputed <br />Property. <br />18. Pursuant to Minnesota Statutes Chapter 508, the Jerome <br />property is not subject to the alleged public road. <br />- 3 -