Laserfiche WebLink
4 <br />5. <br />Parcel B is partly submerged under the waters of Lake <br />Minnetonka at the 929.4 level of the Gray's Bay Dam. <br />The Ferndale Road right-of-way runs over the Northeasterly <br />33 feet of Parcel B. <br />Parcel A and Parcel B abut one or another at the center <br />line of the Ferri -ale Road ric;ht-of-way. See Survey -- <br />Exhibit 2 and Survey Sketch --- Exhibit 3. See also Exhibit <br />4, Flat of North Shore Cottage Acres. <br />Physical Characteristics of Ferndale Right -of -Way: <br />Cente.line of road as actually constructed on the <br />right-of-way is approximately 4 feet north of the <br />centerline of right-of-way. <br />Lake Minnetonka waters encroach onto the South- <br />westerly portion of the right-of-way at this location <br />by approximately 18 feet from the right of way <br />centerline and 22 feet from the centerline of the <br />traveled road. <br />See Survey Sketch -- Exhibit 3. <br />Ownership of Tract B: <br />Notwithstanding the fact that Tract B is partially <br />submerged under the ,,titers of Lake Minnetonka at <br />the elevation maintained by the Gray's Bay Dam <br />at 929.4 NGVD, much of the area within Lots 7, <br />8 and 9 of North Shore Cottage Acres was dredged <br />out, and the shoreline of Lake Minnetonka in this <br />area as originally platted extended far beyond <br />the present shoreline of today. The nay. r. low <br />water elevation of the lake prior to the Gr. <br />Bay Dam was obviously much lower than 929.4 NGVD. <br />The legal conclusion arising from this fact is <br />that the State of Minnesota did not acquire fee <br />title to the lands which lay above the low water <br />mark of the lake in 18`r- and those titles were <br />passed ?at.ent from , United States Government <br />into private ownership. The original owner of <br />Government Lot 2, Section 2, Township 117, Range <br />23 out of which North Shore Cottage Acres was platted <br />obtained this fee title to Tract B. The fee title <br />has been passed on by mesne conveyances to Lakeville <br />Elevator Company. See Exhibit 4 -- Plat of North <br />Shore Cottage Acres. <br />This Position is strongly <br />to Torrens Tit- records <br />nearby parcels land: <br />supported by reference <br />relating to the fallowing <br />- 2 - <br />