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A RESOLUTION APPROVING CREATION <br />OF A JOINT USE DOCKING AREA <br />ADJACENT TO OUTLOT A, KELLY COVE <br />TO SERVE THE KELLY COVE HOMEOWNERS ASSOCIATION <br />WHEREAS, the Kelly Cove Homeowners Association of Orono, Minnesota, a non­ <br />profit Minnesota corporation (hereinafter "KCHA") has applied to the City of Orono for a Joint Use <br />Dock License to permit the construction, use and maintenance of a 4-slip private dock to be located <br />adjacent to Outlot A, Kelly Cove, Hennepin County, Minnesota and within Outlot B, Navarre Cove, <br />Hennepin County, Minnesota; and <br />WHEREAS, said Outlot A is common open space owned by KCHA which ser\'es <br />4 duplex dwelling units located on Lots 1 through 4, Kelly Cove; and <br />WHEREAS, said Outlot B is owned by the City of Orono based on a quit-claim deed <br />executed by James K. Lindsay of Kelly Avenue Duplexes Co. on June 11, 1979 , and said Outlot B <br />constitutes a portion of a dredged lagoon adjacent and contiguous to Lake Minnetonka, and the land <br />elevation of said lagoon is almost entirely below the 929.4' MSL Ordinary High Water Level of Lake <br />Minnetonka, and said lagoon is used by members of the public for navigation and access to Lake <br />Minnetonka; and <br />WHEREAS, the City of Orono has in the past and does continue to assert its <br />authority to regulate the construction, location and use of Joint Use Docks within the City, and does <br />further assert its authority to regulate the placement of temporary and permanent structures including <br />docks within City owned properties, and particularly within Outlot B, Navarre Cove; and <br />WHEREAS, the City of Orono on March 30, 1978 adopted Resolution No. 892, <br />approving a Joint Use Dock License and permit for Kelly Avenue Holding Company to allow <br />construction of a dock containing six (6) slips within Tract A, R.L.S. 1428; and said dock was to <br />provide one slip for each of 6 dwelling units contained in a total of 3 duplex buildings constructed <br />within said Tract A; and said approval placed conditions on the construction and use of said dock; <br />and <br />WHEREAS, in 1979 said Tract A, R.L.S. 1428 was further subdivided to create the <br />plat of Navarre Cove, creating 3 separate Lots, each Lot containing one of the three existing duplex <br />buildings; and further creating two outlots: Outlot A adjacent to Lot 3, to accommodate a joint use <br />Page I of 9