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(� �� i ` Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1505 • • � • • � 9 . Prior to 1980 the users of the shared dock for over 20 years were not aware that a joint use dock license: was required by both the City and the L.M.C.D: Neither the City or the L.M.C.D. ever informed the users of the dock (s) . . 10 . As soon as they were ii ormed by the L.M.C.D. of a need for a permit, the Homeowner's Associa..ion did apply to the L.M.C.D. for joint use dock. licenses , for the 1981 and 1982 seasons for a total of 14 slips on the same or similar docks which had been in place for years prior to May '31, 1978. At the request of the Cit� of Orono,, any action on the application by the L.M.C.D. was t.abled until the City . and the Homeowner ' s Association resolved the question of. ownership. 11. On June 27, . 1983, the City of Orono and the Homeowner ' s Association entered into a purchase agreement that permitted the sale of the property transferring whatever ownership interes� the City of •�rono had, to the Homeowner.'s Association and approving a total of 14 slips subject to the resolution of a land use matter for one interior lot and the sale of an undeveloped lot and approval by both the City the the L.M.C.D. of a joint use dock license for 14 slips. , 12 . Each owner of an interior lot owns an undivided interest in the property by reason of their membership in the Homeowner ' s Association � said ownership including the benefit associated with the riparian rights associated with said property. 13 . The By-Laws of the Homeowner 's Association provide that the boat slips are for the use and benefit of the interior lot owners within the plat and are not rented, leased or otherwise used by any person who is not an interior lot owner within the plat and no income is derived from the use of said slip by either the homeowner or the Homeowner' s Association. 14 . Since the acceptance of the plat in 1958, various lots have been sold and purchased based upon representations that a homeowner would be allowed to have a boat slip which could be. docked on the property. 15. The docks adjacent to the property have been and will continue to be constructed to conforin with the setback and length requirements which are provided for by the ordinances of the L.M.C.D. and the City. 16 . The approval of the plat and the establishment of the joint �se residential dock on the property .predate the current comprehensive plan of the City, the Zoning, Code of the City and the creation of the L.M.C.D.