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a �. r l <br /> /�—� <br /> � O 1 <br /> • O O <br /> •b. � CITY of ORONO <br /> � � <br /> �� G'� RESOLUTION OF THE CITY COUNCIL <br /> ��9kESHp4��' • NO. � s %� 1(� � <br /> �_ <br /> RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK <br /> LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION <br /> � HOMEOWNERS ASSOCIATION,INC. <br /> � SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1,2001 TO DECEMBER 31,2001 <br /> WHEREAS,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 <br /> of the City and other members of the public within the City; and <br /> WHEREAS, the City shazes concurrent jurisdiction over the primary harbor limit of the City of <br /> Orono with the Lake Minnetonka Conservation District and the Departrnent of Natural Resources of the State of . <br /> Minnesota; and <br /> WHEREAS,the regulation of the navigable waters invoives 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 enj oyment 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 /> WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights <br /> of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any <br /> interference with the public waters adj oining 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 /> commonlaw 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 owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka.. � <br /> The only additional private right that any riparian owner may have over the public generally is to construct one dock <br /> to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian <br /> owner to Lake Minnetonka 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 owner. <br /> This mutual right of enj oyment which is shared by riparian owners and the public generally includes the recreational <br /> benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these <br /> rights; and <br /> � <br /> . Page 1 of 2 <br />