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Pheasant Lawn Homeowners Association <br />November 16» 1992 <br />Page 3 <br />Other Issues <br />Additional factors which Council should be aware of include: <br />1. The survey indicates that the dock walkway actually <br />extends from the cul-de-sac right-of-way of Pheasant <br />Road» encroaching about 9* into the right-of-way. <br />Public Works Director John Gerhardson indicates this <br />has not been a problem for the City# but would like a <br />hold harmless agreement and a stipulation that the City <br />retains the right to require future removal of the dock <br />from the right-of-way in the future if necessary. <br />2. The Mahoney property# which has a separate dock from <br />the multiple dock system but which dock is on the <br />commons lot# actually has an easement over the commons <br />lot for his private use. Mahoney also has an existing <br />shed on the easement and partly in the right-of-way. <br />We would also like a hold harmless agreement for the <br />shed. <br />3. The off-lake lots which use the multiple dock <br />apparently do not have "deeded” access rights in their <br />titles. <br />UiCD License Approved <br />The LMCD in October approved a 1992 Multiple Dock and <br />Mooring Area License to the Pheasant Lawn Homeotmers Association <br />for this multiple dock# subject to City of Orono's approval of a <br />joint use dock license. This was also the Association's initial <br />LMCD license. <br />Staff Wero—endstion <br />Given the history of use of this existing multiple dock <br />situation# staff would recommend approval of a joint use dock <br />license to Pheasant Lawn Homeowners Association subject to the <br />following conditions: <br />1. The City acknowledges the historic and continued use of <br />this five-slip multiple dock since the 19S0*s for the <br />benefit of five designated non-riparian properties on <br />the west side of Pheasant Road. <br />2. The City recognizes the easement over the Pheasant Lawn <br />Homeowners Association commons lot to provide lake <br />access to Lots 15 and 18# Pheasant La%m# and Lots 1 and <br />2# Yale Smiley Addition# because as a result of past <br />dredging of the lagoon area in Lot 14# said lots might <br />not abut the actual shoreline of Lake Minnetonka at any <br />given time.