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' Aua-�5-�3 1Z:33pm From-NENN CO EXAM OF TITLES +61Z3483872 T-309 P.03/05 F-259 The accretiflns to Crovernment Lot 3, Seciion 18, To�ship 117, Range 23, adjaining "Lots 7, 8 and 9, Fagerness, which lie southeasterly of a line that is parallel with and distant 40 feet southeasterly from the nortl�westerly line of Fagerr�ess Point �2oad, shown on the plat of Fagerness as lJnder the Linden Ave; which lie southwesterly of "Line A" described beloW; and which lie northeasterly af a line d.rar�n parallel with and 77 feet southwesterly of said "Line A." Line A: Cammencing at the most sautherly comer of said Lot 9; thence on an assumed bearing of South 44 degrees 48 zninutes East (assuming that the southeas#erly line of said Lot 9 has a bearing of North 45 degrees 13 minutes East) to the shoreline of La1ce Minnetonka, and said line there e.nding. 2. The Tnspection RepQrt o� the Cou.nry Surveyor on f le herein discloses and the applicant alleges at Paragraph "F" that the within land is occupied by the applicants. 3, The records of the Hennepin Counry Recorder do not disclose the record of an enforceable mortgage encumberi.ng the vc�ithin land. 4.I note the followiug encumbrances, defeets and irregularities: (a) A comparison of the original plat of Fa�emess with the County Surveyor's Half Secriou sheet malces it clear that portions of the land sought to be re�istered her�in may ha�ve been,in the past, within the bed of Lake Minnetonl�t. Pursuant to Minn. Stat. §SOS.IS, 7 hereby recommend that the State of 1VXinnesota be made a defendant herein so that there may be evidence at the hearing to support a i'inding in the Decree whether zt clai�ns an inzerest in the fee ntle to any portion of the within land which may be wilhiri the former bed of the Zake. (b) Although the width is not shown on #he original plat, th� above legal description makes an implicit deternaination that the Width of Under the Linden a�venue as dedicated in the plat of Fagerness is 44 feet. I there£ore recommer�d that the City af Orono be made a defendant herein so that there ma� be evideace at the hearing to support a finding in the Decree that Fagerness Point 12oad, dedicated in rhe plat of Fagerness as Under the Linden avenue, is open and in use to a width of 40 feet and that accretions along the southeasterly boundary of sttid road are not subject to a dedication for street purposes. 2