03-16-1978 Council Minutes - Laserfiche WebLink

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� RE�ULAR P2EETING OF THE ORONO COUP7CIL, PSARCH 16, 1978 Page 9 jti'AL1ER' S PORT (Continued) applicants haYe ar will proVide the Council with sufficient data and advice from their engineers to enable the Council to �etermine whether the proposed plans would detrimentally affect the health, safety or welfare of the public, it being the Council 's primary duty to protect these public, rather than private, interests. Hov;ever, with regard to the assertion of the opponents that the applicants lack the necessary property right to rrake the proposed improvements as individuals, I feel that my client's position should be stated for the benefit of the Council . Before cor�enting on the substantive issues thus raised, I should note that it is my understanding that the Council has placed the burden of establishing this objection upon the opponents. That is, I assume that unless the opponents affirmatively demonstrate that the necessary property rights are absent, the Council will treat the individuals as the proper applicants and proceed to act upon the merits of the pending applications. � As the Council is aware, all of the property in Walters Port is subject to a Declaration of Restrictive Covenants dated February 6, 1961 . To my knowledge, the validity and binding effect of these covenants have never been questioned and I have advised my client that these are enforceable restrictions with which his use of his property must comply. However, to simply state that these are enforceable covenants does not answer the question before the Council . The covenants themselves must be scrutinized to determine their meaning and intent, far it would be a serious mistake for the Council to adopt a conclusory interpretation urged by individuals, none of whom were parties to the original declaration. Paragraph 10 of the covenants gives each lot owner in Walters Port a non-exclusive easement in and over Outlot 3 and 4 for use as a boat harbor. The paragraph contains certain restrictions on the use of the harbor and on construction of boat docks, but it does not address the , question of maintenance of the easement area. Paragraph 8, however, states as follows: The owners of each and every lot in said subdivision are by their ownership made members of the Walters-Port Improvement and t�ain- tenance Association. The members of this association shall be financially responsible for the maintenance, preservation and improvement of the boat harbor and channel to the lake located on Outlot 3 and 4 of said subdivision. The members of this association shall also be financially responsible for the maintenance, preser- vation and improvement of the road located on Outlot 1 , of said subdivision after said road has been surfaced by William R. k'alters. Each association member shall have a vote in any matters pertaining (Continued)