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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 66 19 <br />WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between <br />and is shared by riparian owners and the public generally, no one riparian owner has exclusive <br />privileges over Lake Minnetonka. The only additional private right that any riparian owner may <br />have over the public generally is to construct one dock to the navigable depth of the public <br />waters. There can be no dispute but that the public generally and each riparian owner to Lake <br />Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable <br />purposes in common with all other riparian owners. This right is a right not only to members of <br />the public but the right to each riparian owner. <br />This mutual right of enjoyment which is shared by riparian owners and the public generally <br />includes the recreational benefits of the lake such as boating and fishing therein; the riparian <br />owner has no exclusive privileges to these rights; and <br />WHEREAS, Lake Minnetonka is capable of substantial beneficial public use <br />only as long as all riparian users of the lake are regulated in such a way as to ensure there is no <br />abuse of the limited riparian rights; and <br />WHEREAS, the City has adopted reasonable regulations regarding the <br />construction and use of lakeshore and dock facilities when such facilities are used and <br />maintained by three or more families, which regulations include the annual licensing of Joint Use <br />Docks pursuant to Section 94-37 of the Orono Municipal Code; and <br />WHEREAS, the purpose of this Resolution is to set forth the above noted general <br />conditions and concerns and the following special conditions as they relate to an application for <br />an annual Joint Use Dock License described below: <br />A. LICENSEE: Pheasant Lawn Homeowners Association <br />Dock Address: 38, Unassigned, PID 21-117-23-23-0014 <br />Agent: Timothy J. Mahoney, President <br />Address: 2760 Pheasant Road, Excelsior, MN 55331 <br />Licensee is: incorporated homeowner's association <br />Page 2 of 5 <br />