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� o� <br /> � o 0 <br /> CITY of ORONO <br /> ,� , �, <br /> ti <br /> �'�� �G~ RESOLUTION OF THE CITY COUNCIL <br /> `�kEs�iog' No. 6 0 4 5 <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 /> l. 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 2009, 2010 and 2011 Joint Use Dock License to the <br /> Association for six slips (including Mahoney's detached slip). Applicants are <br /> advised of the need to 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 /> � <br /> Page 4 of 6 <br />