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Resolution 4968
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Resolution 4968
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Last modified
5/10/2024 12:02:42 PM
Creation date
11/13/2015 1:26:24 PM
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Resolutions
PIN
0511723320003
0511723320002
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PID #
0511723320004
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a 1 <br /> � O� <br /> O O <br /> ! ' g r CITY of ORONO <br /> � :� � <br /> .,�... F <br /> ,: . <br /> �',� p�' � RESOLUTION OF THE CITY COUNCIL <br /> ��kESI3�4� � NO. � � � � � . <br /> RESOLUTION DIRECTING STAFF TO <br /> ISSUE A JOINT USE DOCK LICENSE <br /> TO THE OWNERS OF PROPERTY LOCATED AT <br /> 460 TONKAWA ROAD, 500 TONKAWA ROAD <br /> AND 550 TONKAWA ROAD <br /> SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1,2003 TO DECEIZBER 31,2003 <br /> �VHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing <br /> under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State <br /> Statute 412,et.seq.and State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of <br /> the City and other members of the public within the City; and �- -------�----�-���- �---� <br /> '�VHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of <br /> Orono��-ith the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of <br /> •Minnesota;�and . <br /> � `VHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, <br /> LMCD, and the City of Orono,all of which have adopted rules to ensure to all equal enjoyment of the public rights <br /> and equal protection from activity on or near the public waters and on the land within the City which,if unregulated, <br /> may be detrimental to the public health, safety and general welfare; and <br /> `VHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights <br /> . of the riparian o�tirners both as to residential owners and the commercial marina owners to the extent prohibiting any <br /> interference w-ith the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their <br /> trusteeship over the public waters by protecting against interference by anyone, including those who assert the. <br /> common law rights of riparian owners, whether or not they be commercial marinas or residential owners; <br /> WHEREAS,as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by <br /> riparian o�vners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The <br /> only additional private right that any riparian owner may have over the public generally is to construct one dock to <br /> the navi�able depth of the public waters. There can be no dispute but that the public generally and each riparian <br /> o«ner to Lake Minnetonl:a has the right to use the entire surface area of Lake Minnetonka for all suitable purposes <br /> in common with all other riparian owners. This right is a right not only to members of the public but the right to <br /> each riparian o��ner. . <br /> This mutual right of enjoyment�vhich is shazed by riparian owners and the public generally includes the recreational <br /> �benefits of the lal:e such as boating and fishing therein;the riparian owner has no eYClusive privileges to these rights; <br /> and <br /> Page 1 of 2 � <br />
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