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Resolution 1830
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Resolution 0001-7547
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Reso 1800 - 1899 (July 8, 1985 - December 9, 1985)
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Resolution 1830
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3/17/2016 10:52:33 AM
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s. � , � <br /> �� ���� Clty of ORO1�0 <br /> . � �� <br /> �_ :� <br /> � "� . <br /> � RESOWTION OF THE CITY COUNCIL <br /> F� . NO. 1830 ' <br /> x`'�� <br /> �� ' � � .>; , <br /> RESOLIITION DIRECTING STAFF TO � <br /> ISSIIE A JOINT IISE DOCK LICENSE <br /> TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION <br /> SIIBJECT TO CONDITION3 NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY l, 1985 TO DECEMBER 31, 1985 <br /> WHER�AS, the City of Orono , hereinafter "City" is a <br /> municipal corporation organized and exi�sting 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 /> Conse�rvation 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 powe� of the State, LMCD, and the City of Orono, <br /> all of which have adopted rules to ensure to all equ�al 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 /> residential owners and the commercial marina 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 ri:parian 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 />
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