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Pafce?. 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 a.iother at the center <br />line of the Ferndale Road right-of-way. See Sure . -- <br />Exnibit 2 and Survey Sketch -- Exhibit 3. See also Exhibit <br />4, Plat of North Shore Cottage Acres. <br />;i.. Physi.cal Characteristics of Ferndale Right-of-F:ay: <br />Centerline of road as actually consti...:ted 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 />wes erly portion of the right -A -way at this location <br />by approximately 18 feet fro-, the right of way <br />centerline and 22 feet fro*., the centerline of the <br />*raveled road. <br />Iee 5ur%ey Sketch -- Exhibit 3. <br />5. Ownershi,- -)f Tract F- <br />Notw. ti,stpoding the fact that Tract B is partial.,• <br />submer,�A under the waters of Lake Minnetonka at <br />thn elevat.;.on maint.iined 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 wad dredged <br />out, and the shc:reline of Lake Minnetonka in this <br />area as origina.l.•, platted exte ded far beyond <br />the present shore ine of today. The ural low <br />water elevation of the lake prior tc r.i.- Grays <br />Bay Dam -vas obviously mush lower than 929.4 NGVD. <br />The legal ^onclusion eri ng from this fact is <br />that the State of Minnesota did not acquire fee <br />title to the lands wh,ic, lay above the lo;, water <br />mark of the lake_ in 1858 and those titles were <br />passed by Patent :rom tfit In ted States Government <br />into private ownershij. 1, original owner of <br />Government Lot 2, Sect an 2, Township 117, Range <br />23 out of which North -h-)re Cottage Acres was pla',ted <br />obtaired this fee title tc Tract. B. The fee title <br />has been passed on by m,�sne conveyances to Lakeville <br />r'-vator Company. See Exhibit 4 -- Plat of North <br />Si ire Cottage Acres. <br />This Position is strongly <br />to Torrens Title reccrds <br />nearby parceis of land: <br />supported by reference <br />rela:.ing to the following <br />- 2 - <br />