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STATE OF MINNESOTA <br />COUNTY OF HENNEPIN BY <br />In the Matter of the Petition of <br />Charles E. Van Eeckhout and Sue L. Van <br />Eeckhout <br />For an Order Construing an Easement Over <br />Tract G, Registered Land Survey No. 352 <br />REPORT OF EXAMINER <br />INCLUDING FINDINGS OF FACT, <br />CONCLUSIONS OF LAW AND <br />RECOMMENDED ORDER <br />TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF HENNEPIN COUNTY: <br />The above-entitled matter came on for hearing on July 23, 2003 at 9:00 a.m., <br />pursuant to an Order of Reference dated May 23, 2003, made by the Honorable Ann <br />Alton, in accordance with Minn. Stat. § 508.20 and Rule 53.05, Minn. R. Civ. P., <br />referring the case to the Examiner of Titles to hear and determine the issues, make <br />Findings of Fact and Suggested Conclusions of Law and report the same to the Court. <br />Richard J. Schieffer appeared as attorney for the petitioners, and Jeremy S. <br />Steiner appeared as attorney for defendant, Mary Ann Dunn. <br />Your Examiner, having received the evidence submitted by the parties and having <br />considered the arguments made by counsel for the parties, now makes the following <br />Findings of Fact, Suggested Conclusions of Law and Recommended Order, to wit: <br />FINDINGS OF FACT <br />1. That on November 5, 1999, the Registrar of Titles entered Certificate of <br />Title No. 1035711 to Sue L. Van Eeckhout, married to Charles E. Van Eeckhout, for land <br />described as follows: <br />Tract H, Registered Land Survey No. 352.