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WHEREAS, the Department of Natural Resources has indi- <br />cated that there is a spawning area for fish in that location <br />chosen by the Subdividers for the construction of the dock and <br />that it would be necessary for the Subdividers to construct <br />the dock beyond the 100 foot restriction to provide for six <br />boat slips beyond the spawning area, and <br />WHEREAS, the City of Orono desires to include all action <br />taken by it to this point in time with regard to the platting, <br />subdivision and improvement of the Land in this resolution, <br />NOW, THEREFORE, BE IT RESOLVED: <br />1. The preliminary plat of the Land, attached hereto <br />as Exhibit A, is preliminarily approved subject to the follow- <br />ing conditions: <br />A. A conservation eastment in the form attached hereto <br />as Exhibit B concerning development of Outlot A until such <br />time as it is owned by the record owner of the following <br />described property situated in Hennepin County, Minnesota, <br />to -wit: <br />Tract C, Registered Land Survey No. 924, files <br />of Registrar of Titles, County of Hennepin <br />and is combined with Tract C, or until such time as the City <br />of Orono ordinances allow construction of a single family <br />dwelling on said Outlot A. <br />B. A conservation easement in the form attached hereto <br />as Exhibit C restricting all development within Outlot B and <br />Outlot C is granted to the City of Orono, subject only to the <br />right of subdividers of the Land, their heirs and assigns, to <br />construct, maintain and repair a single permanent dock across <br />Outlot B of a width not to exceed six feet for access by owners <br />of the Land to Lake Minnetonka, all in accordance with a dock <br />permit application signed by the Subdivider, dated <br />, a copy of which is attached hereto as Exhibit <br />D, now on file with the City of Orono and as hereinafter appears, <br />which dock is to be restricted as set forth hereinafter. <br />C. Final approval of the plat and said conservation <br />easements and any and all other agreements required by the <br />City Council and by the City Attorney. <br />D. Final approval by the City Engineer and the City <br />Council of the plat. <br />E. Payment of the appropriate park dedication fee. <br />0 <br />