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04-'23>'99 12:23 FAX 612 334 8888 HINSHAW 0002/003TO: <br />FROM: <br />DATE: <br />RE: <br />MEMORANDUMKelly Cove, Navarre Cove Homeowners <br />Thomas Barrett, Orono City Attorney <br />April 20. 1999 <br />Requirements for Kelly Cove, Navarre Cove to support the proposed resolution <br />of the City Council <br />In order the achieve the City's goals in allowing the reconfiguration of the dock rights on <br />these properties, we believe that the following legal steps need to be taken: <br />1. We need a title opinion for all of the affected properties: <br />A. Lots 1,2,3, and 4, Kelly Cove; <br />B. Lot 3, Navarre Cove; <br />C. Outlot A and B, Navarre Cove; and <br />D. Outlot A, Kelly Cove <br />2. We need to review the homeowners association declarations which provide for <br />use privileges and restrictions of Outlot A, Navarre Cove and Outlot A. Kelly <br />Cove; <br />3. The declaration will have to be amended to change the membership arrangements; <br />4. A docking agreement/ cove mt, which must includes the consent of the City, must <br />be developed for Outlot A, Kelly Cove; <br />5. The docking agreement/covenant for Outlot A, Navarre Cove must be properly <br />amended after we have reviewed the homeowners association declaration and <br />any recorded agreement there may be with respect to docking rights; <br />6. The walking easement benefiting Kelly Cove must be terminated; <br />7. The wetland easement may need to be properly amended; <br />8. The restriction prohibiting docks on Outlot A. Kelly Cove contained in <br />Resolution No. 1621 must be terminated; and <br />082/22175499 4/23/99