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ap <br />3. Nothing in this resolution shall be interpreted to <br />mean that the channel shown on the preliminary plat was legally <br />• dug, is legally in existence now, or that anyone has a right <br />to dredge that channel now or in the future for any purpose. <br />Moreover, the City Council has indicated to the Subdividers <br />that the City does not believe that the channel was legally <br />dug, and even if the channel were legally dug, the City Council <br />has indicated to the Subdividers that a permit would probably <br />not be issued for dredging of that channel in the future and <br />that the lots to the rear of the Land are not riparian to Lake <br />Minnetonka. The Council and Subdividers agree that the allow- <br />ing of the construction of a dock in no way indicates that the <br />channel provides a navigable access to that dock or any other <br />property. It is understood that presently canoes and rowboats <br />can reach that portion of the channel where the dock may abut <br />on the channel, but large power boats cannot travel up the <br />channel to that point on the channel. <br />4. A variance is hereby granted -to moratorium ordi- <br />nance No. 194. <br />5. This resolution was adopted by the City Council <br />1978 <br />of the City of Orono on the -93 day of <br />by a vote of ayes and D _ nays. <br />• <br />C <br />liam B. Van Nest, Mayor <br />ATTEST: <br />Walter R. Benson,' ✓�'',� <br />Clerk/Administrator 4_1(ze� <br />The Subdividers of the Land referred to herein agree to be <br />bound by the terms and conditions of this resolution and,will <br />execute any documents as necessary to allow the filing hereof <br />in the chain of title of the Land. <br />Robert M. Cargill <br />Patricia G. Cargill <br />Richard T. Doherty <br />0 <br />Alice J. Doherty <br />VICTORIA GRAIN COMPANY <br />By <br />Its <br />V <br />