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Resolution 1827
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Resolution 1827
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3/17/2016 10:43:28 AM
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\ V � • <br /> � ' �� Cit� of ORO1�0 <br /> � � <br /> . r <br /> �. ,. � <br /> � r r��^,p. � �� <br /> • �` �''� �� RESOLUTION OF�THE CITY COUNCIL <br /> , <br /> , <br /> �`����'�cr: NO. 18 2 7 <br /> f ''`�'��,v }yhA X � <br /> / T�' <br /> .�}ti:�.,7 � '���t <br /> :• _ • .,. <br /> RESOLIITION DIRECTING STAFF TO <br /> ISSIIE A JOINT DSE DOCK LICENSE <br /> TO NAVARRE COVE HOMEOWNERS ASSOCIATION <br /> SIIBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF 3ANLJARY 1, 1985 TO DECEMBER 31, 1985 <br /> WHEREAS , the City of Orono, hereinafter "City" is a <br /> municipal corporation organized and existing under the laws of the <br /> . State of Minnesota and has the authority and responsiblity under <br /> Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, : <br /> et. seq., to protect the health, safety, and general welfare of the - <br /> citizens of the City and other members of the public within the City; <br /> � and <br /> WHEREAS, the City shares concurrent jurisdiction over the <br /> primary harbor limit of the City of Orono with the Lake Minnetonka <br /> Conservation District and the Department of Natural Resources of the <br /> State of Minnesota; and <br /> . WHEREAS, the regulation of the navigable waters involves an � <br /> exercise of police power of the State, LMCD, and the City of Orono, <br /> all of which have adopted rules to ensure to all equal enjoyment of <br /> the public rights and equal protection from activity on or near the <br /> public waters and on the land within the City which, if unregulated, <br /> may be detrimental to the public health, safety and general welfare; <br /> � and , <br /> WHEREAS, the regulations of the DNR, LMCD, and the City of <br /> Orono regulate the property rights of the riparian owners both as to - � <br /> residenti�l owners and the commercial �arina owners, to the extent <br /> prohibiting any interference with the public waters adjoining their <br /> property. The LMCD, DNR and City of Orono must fulfill their trustee- � <br /> ship over the public waters by protecting against interference by � <br /> anyone, including those who assert the commonlaw rights of riparian <br /> owners, whether or not they be commercial marinas or residential <br /> owners; <br /> WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment <br /> exists between and is shared by riparian owners and the public <br /> generally, no one riparian owner has exclusive privileges over Lake <br /> Minnetonka. The only additional private right that any riparian owner � <br /> may have over the public generally is to construct one dock to the . <br /> navigable depth of the public waters. There can be no dispute but <br /> that the public generally and each riparian owner to Lake Minnetonka <br /> has the right to use the entire surface area of Lake Minnetonka for <br /> • all suitable purposes in common with all other riparian owners. This <br /> right is a right not only to members of the public but the right to <br /> each riparian owner. <br /> � Page 1 of 2 <br /> � . <br /> , <br />
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