1970-06-02 Henn Co Title Reg - Laserfiche WebLink

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admission in evidence of the original plat of Fagerness on file in the office of the Register of Deeds in and for the County of Hennepin and any subsequent half section sheets relating to said area being a part of the records of the Hennepin County Surveyor's office. 3. That the parties herein agree that the current half section sheet of the Hennepin County Surveyor's office shows that the lake shore of said lake Minnetonka has receded from its location as it existed at the time of the platting of Fagerness. (As the current half section sheet relates to the original plat of Fagerness.) 4. That the parties herein agree that the land shown on the current half'section sheet of the Hennepin County Surveyor's office lying Southeasterly Under The Linden Avenue and lying between the extentions Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, is the result of accretion and fill, the fill used and furnished by the predecessors in title of said Lot 4, Fagerness. 5. That accretion in part resulted from the lower high water levels of Lake Minnetonka. That the Hennepin County Engineering Department shows the adjusted high water levels in Lake Minnetonka at the time of the platting of Fagerness in the year 1886, to ce approximately 931.64, that subse- quent to the platting year the high water level had receded to a low of 924.40 in the year 1932, and that the high water level since the time of platting has averaged well under 929 feet with a high in 1962 of 930.82 feet. That records and graphs prepared by the Hennepin County Engineering Depart- ment relating to high water levels may be accepted in evidence for said examiner's consideration. 6. That the area, here in contest, has been used and occupied by the applicants predecessors in title since the turn of this century, their exact date of occupancy being unknown. That on and prior to August 11, 1934, the said area lying Southeasterly of the Northerly line of the Under The Linden Avenue approxin3ted 160 feet in depth from the said Northerly line of said Avenue to the shore of Like MinnetonL-a. That said area in question wa,, as of August 11, 19311, and prior thereto, oeeupled by the predee-ssors in title who occu, fed the two d yell in,Is locit�d topon said prod?rty. Th.nt said