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Item No. 2 <br />Based on a review of the ownership records, the Cemetery Association would appear to own the <br />land north of the road east of the creek, as well as a smaller piece of land extending from the <br />south side of the road to the lakeshore, between the centerline of the creek and the east line of <br />Outlot C, Wolf Pointe Woods. It's unclear whether the Cemetery Association owns the north half <br />of the road east of the creek. While their description in some documents includes the north half, <br />in others it does not. In any event, the road was historically a public road and the City has <br />generally defined its unplatted roads as the paved traveled area plus an additional 10 feet of <br />shoulder for snow storage, etc. <br />Wolf Pointe Woods Outlot D only extends to the south line of the Cemetery Road. Wolf Pointe <br />Woods Outlot C encompasses the westerly 90' + of the Cemetery Road. See Exhibit J. <br />Document 8781518 (4/19/2006) grants to the City of Long Lake a "permanent easement for <br />public park and trailway purposes over, across, on and through all of Outlots C and D, Wolfe <br />Pointe Woods". It is entirely unclear whether the referenced `trailway' means to include the <br />traveled portion of Cemetery Road lying in Outlot C. See Exhibit K. <br />City Ownership. Hennepin County maps (Exhibit D) have long shown the centerline of <br />Cemetery Road as the boundary between the two cities, extending north into the lake along the <br />east line of Outlot C, Wolf Pointe Woods. Additional documents shed some light (albeit dim) on <br />City jurisdiction: <br />In July 1953 Town of Orono Attorney John S. Pillsbury sent a letter to W. L. Hursh <br />(property owner east of the Cemetery property) requesting that Hursh immediately <br />remove the fence he had placed blocking the road, noting that "the Town advises me that <br />without question it legally owns the road and has maintained the same for years". <br />- In March 1955 the Village of Orono filed a "Writ of Quo Warranto" with regard to <br />certain described properties. We might presume that as a function of the City of Orono's <br />newly acquired status as a Village on January 1, 1955, the Village Council in March 1955 <br />`demanded' that Long Lake prove its rights to certain lands possibly claimed by both <br />cities or purely to determine for the record the boundaries between the two cities. <br />"WRIT OF QUO WARRANTO" - Quo warranto (Medieval Latin for "by what <br />warrant?') is a prerogative writ requiring the person to whom it is directed to <br />show what authority they have for exercising some right or power (or 'franchise') <br />they claim to hold. <br />On May 31, 1956 the Minnesota Supreme Court issued a Writ of Ouster (Exhibit F) to <br />Long Lake which stated that Long Lake officials are hereby "ousted from exercising any <br />jurisdiction over the following tracts of land located in Hennepin County..." One of <br />those tracts was listed as the Union Cemetery Tract, defined based on "the centerline of <br />the Watertown Road, so called". The Writ of Ouster established that the City of Long <br />Lake has no jurisdiction over the north half of Cemetery Road. <br />On August 23, 1965 the Orono Village Council minutes include an item labeled <br />PETITION FOR DETACHMENT — LONG LAKE CEMETERY ASSOCIATION. The <br />minutes read: Schmitt moved, Franzel seconded, that the petition of Mr. Kenneth M. <br />Bollum of Long Lake Cemetery Association be detached from the Village of Orono in <br />Page 2 of 4 <br />