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C. That on the Rhode lot either attached to the dock» <br />moored in front of the lot or located on the lot, there may <br />not be at any time more than three beats watercraft, as <br />defined by regulation 3.01, subd. 13 of LMCD regulations, <br />moored or stored. <br />D. That a resolution be filed in the chain of title <br />for the lot noting that the city council hereby finds as <br />follows: <br />(1) That the existing easements which purport to <br />grant dock rights and walkway rights to the lake are <br />invalid in that they were granted in 1974, and the <br />subdivision ordinance in effect at that time and to <br />this point in time requires that any division of land <br />of that size including a division for easement purposes, <br />required compliance with the subdivision ordinance of <br />the City of Orono and these easements did not meet <br />those requirements. <br />(2) That the action by the city council approving <br />this variance does not in any way constitute approval <br />of the joint use of the lake shore on that lot by <br />anyone, the joint use of any dock on that lot, or the <br />existence of the purported easements to the lake. <br />(3) Any joint use of the dock presently and in the <br />future may be only pursuant to an annual joint use dock <br />permit as set forth in Chapter 74 of the Orono Municipal <br />Code. <br />E. That the grafting of a private dock rights or <br />private dock easements on the lot is not a permitted or <br />conditional use in that use district and that any such <br />easem'.'nts are Invali.d under the city ordinances. <br />F. That Mr. Rhode and any and nii ether owners <br />of the 4ot must execute, prior to the effective date of this <br />variance, must exeeute a restrietsve eevenant in the form <br />approved by the eity attorneyr which restrietive eevenant <br />sets forth the above items relating to deeks and whieh <br />hereinafter will restriet a document to be filed in his <br />chain of title, which restricts the use of the property to <br />one dock of 100 feet in length, with not more than three <br />beats f>f any sise or shape watercraft noored at the dock, <br />in front of the lot, or on the property at any time. <br />G. A dock is an accessory use and must be attached <br />directly to the residential lot for which it is designed to <br />serve. <br />-7-