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Bay and the ordino-y low water mark of Brown';: Bay;" See Exhibits 5-B, C and D. For some reason, the State of Minnc*=ota was nF._r served in the Registration proceeding r to Tract A, RLS 441, and so had no opportunity Ft or require a similar clause in that proceed. .t it is clear under current law that the right c„ : public to regulate the use of the waters lying over privately owne lake bed is a paramount right over the private title to those lake beds. 6. The City and County consider Parcel B to be a valuable parcel of land and have consistently through year.: played a value upon it and taxed it as a separate tax parcel. Its current market value according to the 1985 Real Estate Tax Statement is '.,000 ro. Its Tar ID No. is 02-117-23 43 001 1 See Exhibit 7 - Tax Statement. 7. As platted, Pa -el B has legal public ac s t it via a Publicly d-dicated right of way, Fernd,.Ip Road. See Exhibit 4 -- Plat of North Share Cottage Acmes Exhibit 2 -- Survey Exhibit 3 -- Survey Sketch Exhibit 8 -- Half Section Map. 8. The dimensions of Parcel B would permit a :: ,..k be constructed on it un a the provis:.ons of the LaKe Minnetonka Coriservatiou District Ordinances. The dock .;ld not be more thar si igi..ly less than. 25 feet in le.►gth, being the 25+ foot shorel' width of Parcel B. LMCD Ordinance 3.02 Subd. 2. a). r%,)proximately 18 feet of that length would be ove, that c;urt-ion of Parcel B un.'arl,ying the platted Ferndale Road right of way which is pfesently .ubmerged. A five foot wide dock cculd be accommodated to provide the 10 foot set back trea on either side as required by LMCD Ordinanc- Section �.02, Subd. 2. b). Howev�L,, the LMCD Ordinances also makes provision for special sites n exi.cence on February 5, 1970. LMCD Ordinance 3.02. Subd. 3. b), c ) , d ) and e ) . Par el B was cre-' ' by deed —sted September 4, 1945, recorded Sep .- 10, 1945 in 30�° 646 of needs, page :61 . See EA -bit 9 - ropy of Abs• , a:-t - 4 -