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been inadvertently dropped from the tax rolls and in the years 1985-86 a <br />two rod strip was placed on the tax rolls as Plat/Parcel 37024-0055. <br />Delinquent tax statement is attached to this report as Exhibit "B". No <br />record of ownership of said parcel, except on Certificate of Title No. <br />14234, appears in the office of the Registrar of Titles. <br />5. The intent of Roscoe J. Collopy and Josephine Collopy at the <br />time of the execution of the deed of July 25, 1946 would appear to <br />control the determination of this petition. The apparent intent of the <br />deed was to create a public easement rather than reserve the fee and the <br />instrument was obviously construed in that manner by the then Registrar <br />of Titles. if the Court determines on hearing this matter that that was <br />the intent of the grantors, it would appear that the easement failed and <br />that the owners of the underlying fee, who would appear to be applicants <br />herein, own that fee free of any easement. { <br />6. Those parties who would appear to have an interest in the <br />issues presented by the petition herein are as follows: <br />1. Owners and Encumnbrancers of the parcels adjoining the <br />strip to the East and South. Their identity should be determined by an <br />owners and Enaugbrances renort provided to me. <br />2. Roscoe J. Collopy and Josephine Collopy. <br />3. The City of hake Elmo. <br />4. Washington County Auditor -Treasurer. <br />I recommend that upon determination of the owners and <br />encumbrancexs of adjoining parcels an Order to Show Cause why the relief <br />requested herein not be granted be served on those parties and the <br />remaining parties named in paragraph 6. <br />Dated January 19, 1990. <br />Respectfully submitted, <br />Harold D. Kimmel <br />Examiner of Titles <br />