03-16-1978 Council Minutes - Laserfiche WebLink

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, R�GUlLAR T�'iEETING OF THE ORONO COU�]CIL, PSARCH 16 , 1978 Page 7 The City Council discussed lack of ac�reement ariong ��ALTER' S PORT Association mer.lbers. The City Council advised - (Continued) hose present that individual applications for riprap .�ill be accepted. The Council instructed the City , Attorney to advise the Association Attorney that proof of Association control must be positive and nust be available for the next Council meeting on I�Iarch 16, 1978. Staff - February 27, 1978 Received riprap applications from Ellis , Crist and DeGregory. Forwarded same to City Engineer for review. Mr. Bruce rlalkerson, City Attornev, reviewed his letter to P4r. Dale W. Sheldon as requested by the City Council dated I�ar.ch 10, 1978 , which states: . "At the February 28, 1978 Council meeting of the City of Orono, the City Council reviewed your mer.ioranda of February 17 and February 23, 1978, in regard to the clarification regarding certain covenants. It was my opinion at that time that based unon your nemoranda, I did not see any clear statement `rom you that you believe that the homeowners ' sssociation could stop one or more propertv owners from altering the shoreline on the lagoon if the property owner did not first have the prior approval of the homeowners' association. I noted to the City Council and those present that I had asked at a prior Council meeting for a title opinion which addressed itself specifically to. that question, a copy of all covenants and hor:leowners ' association agreements, or any other agreer►ent which r,iight affect the right of a property owner to alter his property where it meets the lagoon and a clear survey showing where the lagoon and other outlots are located as set forth in the restrictive covenants and horieowners ' association agreements so that the City �vould have • a better understanding of what the rights of all the parties are. I stated that previously the City Council decided that the burden was on the homeowners ' association to prove that there were no individual rights to riprap on the lagoon. At that meeting, I caas directed to send a letter to you to restate again what my prior request was to afford you an opportunity to respond by the next Council meeting which is Thursday, March 16, 1978. If you plan to respond, I would appreciate receiving the r.iaterials from you no later than t9ednesday afternoon, P�arch 15, 1978. " (Continued)