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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />5 <br />NO. 07 <br />D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or <br />the LMCD. The issuance of this license is subject to full compliance with these <br />conditions. Failure to comply with these conditions is cause for license revocation and/or <br />prosecution by the City. <br />The City acknowledges the historic and continued use of this five -slip multiple <br />dock since the 1950's for the 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 Homeowners <br />Association commons lot to provide lake access to Lots 15 and 18, Pheasant <br />Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past <br />dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline <br />of Lake Minnetonka at any given time. <br />3. The City acknowledges the existence of the portion of dock and shed existing on <br />City right-of-way and grants temporary permission for said dock and shed to <br />remain at their existing location within the right-of-way until such future date that <br />the City determines that removal of said structures from the City right-of-way is <br />in the best interests of the City of Orono. <br />4. The Homeowners Association and Mahoney shall agree to hold the City harmless <br />from any damage to any private or Association improvements within the right-of- <br />way that might be caused by the City. (Hold Harmless agreements on file) <br />5. This approval grants a 2015 Joint Use Dock License to the Association for six <br />slips (including Mahoney's detached slip). Applicants are advised of the need to <br />henceforth apply for a Joint Use Dock License annually. <br />6. The five multiple dock slips are designated for use by specific properties as <br />spelled out below, and no transfer of dock rights to different properties within the <br />subdivision of Pheasant Lawn may occur without City approval. Transfer of dock <br />rights to any property outside the subdivision of Pheasant Lawn or to any person <br />who is not a Pheasant Lawn property owner, will not be allowed. <br />Page 4 of 5 <br />