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PEPER LAW OFFICE, P.C. i 0285 YEI..I_ow CIRCLE DRIVE, SUITE 105 . MINNETONKA, MINNESOTA 55343 ♦V♦ LEPHONE (952) 9414446 WILLIAM C. PEPER'� weeper@peperlaw.com CE'RT/F/ED REAL PROPERTYLAW SPEC/AL/ST BYTKE M/NNESOTA STATE BAR ASSOC/AT/ON June 239 2021 Via Email to dwalsh2(a�ci.orono.mn.us and via U.S. Mail Dennis Waish Mayor City of Orono 2750 Kelle4 55356 RE: Ownership of vacated Say Place on Big Island (Morse Island Park) Lots 19 and 20, Morse Island Park That part of Govt. Lot 3, of 22417-23, lying south of westerly extension of the north line of Lot 8, Morse Island Park Dear Mayor Walsh:. I represent Nancy L. Farnes regarding ownership of the above referenced parcels on Big Island. I write to advise you and city staff, including the Conunuwty Development Director, the City Attorney as to whether the city of Orono can or should provide a permit for a private, land- locked and undeveloped parcel owner to place a dock on Bay Place or other portions within the plat of Morse Island Park. Hennepin. County real estate records show that the entire Bay Place, as platted, was vacated by court order dated Apri12b,1905 and filed Aprii 27, 1905, as Document i�io. 4082:83 with the Hennepin County recorder's office. One portion of vacated Bay Place was appended to Mary A. Linton, the then -owner of Lots 21, 22, 23 and 24 in Morse Island Park. The rest of Bay Place was also vacated, as described in the order: "...that the title in fee simple to all the balance of said Bay Place so as aforesaid vacated is in William B. Morse. The said respective portion of said Bay Place so as aforesaid adjudged to be in Mary A. Linton and William B. Morse is respectively that portion of said Bay Place that abuts on their respective lots." (Emphasis added) William Morse platted Morse Island Park and through his ownership of abutting lots, acquired fee title to the balance of the vacated Bay Place. The accrued,. vacated "street, alley or right -of --way" became part of any subsequent conveyance, even if omitted from reference on the deed. See Minn. Stat. § 507.17. My client subsequently acquired Lots 20 and 21, Morse Island Park and is therefore the owner of a portion of the vacated Bay Place. Lots 18 and 54, Morse Island Park, would be the other owners of portion of vacated Bay Place. The entirety of formerly platted "Bay