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� <br /> �i <br /> � � clt� o� oR,oNo <br /> • RESOLUTION OF THE CITY COUNCIL <br /> � NO. 216 7 <br /> � <br /> " • � • • <br /> � RESOLUTION DIR$CTING STAFF TO <br /> ISSIIE A JOINT IISE DOCR LICENSE <br /> . TO FOREST ARMS COONTRY CLDB ADDITION <br /> HOMEOWNERS ASSOCIATION, INC. <br /> SDBJECT TO CONDITIONS NOTED HER$IN <br /> FOR THE PERIOD OF JANQARY l, 1987 TO DECEI��ER 31, 1987 <br /> WH$REAS , the City of Orono, hereinafter "City" is a <br /> municipal corporation organized and existing under the laws of the <br /> State of Minnesota and has the authority and responsibility under <br /> Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, <br /> et. seq., to protect the health, safety, and general welfare of the <br /> citizens of the City and other members of the public within the City; <br /> and <br /> WHEREAS, the City shares concurrent jurisdiction over the <br /> primary harbor limit of the City of Orono with the Lake Minnetonka <br /> Conservation District and the Department of Natural Resources of the <br /> State of Minnesota; and <br /> • WHEREAS, the regulation of the navagable waters involves an <br /> exercise of police power of the State, LMCD, and the City of Orono, <br /> all of which have adopted rules to ensure to all equal enjoyment of <br /> the public rights and equal protection from activity on or near the <br /> public waters and on the land within the City which, if unregulated, <br /> may be detrimental to the public health, safety and general welfare; <br /> and � � <br /> WHER$AS, 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 <br /> trusteeship over the public waters by protecting against interference <br /> by anyone, including those who assert the commonlaw rights of riparian <br /> owners, whether or not they be commercial marinas or residential <br /> owners; <br /> WHSREAS, 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 general ly 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 />