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HomeMy WebLinkAbout1970-06-02 Henn Co Title RegSTATE OF MINN ESOTA DISTRICT COURT COUNTY OF HEWIFPIN In the matter of tha application of Erling T. Falk and Ruth K. Falk, husband and wife, to register title to certain land. FOURTH JUDICIAL DISTRICT ST I P U L A T I_0N File No. 16W- There having been filed an application for registration )f title, Wiliiam R. Koenig having appeared as attorney for the applicants and an answer having been filed by tl-e Village of Orono represented by Rolfe A. 5lorden, attorney, and said attorneys having stipulated herein as to the following facts to be considered as evidence for the purpose of resolving issues of law in- volved in the contest between the applicants herein and the answering defendant, the Village of Orono. The applicants herein claim to be the own- s of the following described property located in the County of Hennepin, State of Minnesota: Lot 4, Fagerness, and the accretions thereto lying between the extentions Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4. That the Village of Orono claims that the accretions above referred to and claimed by the applicants between the Southeasterly side of Under The Linden Avenue and the shore of Lake Minnetonka are subject to a dedication for street purposes and public use. That the parties herein agree to the following facts upon which the examiner may make his decisin, to the Issues of law to he applied herein: 1. That the applicants and the answering defendant herain do agree to the admission in evidence of the abstract relating to the abovi described ,property and all papers, records, proceedings, data and Instruments contained In said abstract. admission in evidence of the original plat of Fagerness on file in the office of the Register of Deeds in and for the County of Hennepin and any subsequent half section sheets relating to said area being a part of the records of the Hennepin County Surveyor's office. 3. That the parties herein agree that the current half section sheet of the Hennepin County Surveyor's office shows that the lake shore of said lake Minnetonka has receded from its location as it existed at the time of the platting of Fagerness. (As the current half section sheet relates to the original plat of Fagerness.) 4. That the parties herein agree that the land shown on the current half'section sheet of the Hennepin County Surveyor's office lying Southeasterly Under The Linden Avenue and lying between the extentions Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, is the result of accretion and fill, the fill used and furnished by the predecessors in title of said Lot 4, Fagerness. 5. That accretion in part resulted from the lower high water levels of Lake Minnetonka. That the Hennepin County Engineering Department shows the adjusted high water levels in Lake Minnetonka at the time of the platting of Fagerness in the year 1886, to ce approximately 931.64, that subse- quent to the platting year the high water level had receded to a low of 924.40 in the year 1932, and that the high water level since the time of platting has averaged well under 929 feet with a high in 1962 of 930.82 feet. That records and graphs prepared by the Hennepin County Engineering Depart- ment relating to high water levels may be accepted in evidence for said examiner's consideration. 6. That the area, here in contest, has been used and occupied by the applicants predecessors in title since the turn of this century, their exact date of occupancy being unknown. That on and prior to August 11, 1934, the said area lying Southeasterly of the Northerly line of the Under The Linden Avenue approxin3ted 160 feet in depth from the said Northerly line of said Avenue to the shore of Like MinnetonL-a. That said area in question wa,, as of August 11, 19311, and prior thereto, oeeupled by the predee-ssors in title who occu, fed the two d yell in,Is locit�d topon said prod?rty. Th.nt said dwellings existed and were occupied for a substantial period of time prior to August i1, 1934. That attaches hereto and made a part by reference is an original survey made by James Nelson, now deceased, a Registered Surveyor, then residing at 3121 - 31st Avenue South, Minneapolis, Minnesota, relating to'the property here in question, said survey made for Edward H. Swanson, one of the predecessors in title. Parties herein agree to the admission of said original record in evidence. 7. That the Village of Orono admits that no part of said claimed accretion was ever used by the Village of Orono for any public purpose and the only roadway used and maintained by the Village of Orono was the 40 f-et roadway described as Under The Linden Avenue, as shown on the plat of Fagerness. 8. That said Village of Orono acknowledges that they have, at no time, made any claim as to said accretion until the commencement of this action. 9. Parties herein agree that other property lying SoWseasterly or Southwesterly of Under The Linden Avenue has been claimed by other applicants in other torrens proceedings without objection from the Village of Orono (see Torrens Files Nos. 4491 _11j912 and,9671. ). .10. That the property may be viewed by the Examiner of Titles or any deputy of that office hearing this case and that the following photographs of the area in question may be entered In evidence as additional proof of the occupancy of said area to question by the applicants and their predecessors in title (Exhibits "1" throuUht Dated this _ ^.�--- -�- day of 1970. '�!il1 la^i P: Koenig; Attorney for Applicants 2301 Crmn-�rce nlvd. Mound, Minnesota 55361E Tel, 1472-1060 Rol to A. r6rcl'er, Attern-/ -'-'- for Villi;s of Orono 900 Farmers. E llcchan i cs £ank 81 c!g . flinnca►n�lIs, `linnosotn SShn?