03/26/2012 Council Packet - Laserfiche WebLink

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• Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. s and WHEREAS, Minnesota Statute 435.37, subd. 1(a), requires a city council to establish a cartway at least two rods wide connecting a petitioner's land to a public road if a petition is presented by the owner of a tract of land containing at least five acres who has no access thereto except over lands of others; and WHEREAS, Minnesota Statute 435.37, subd. 1(b), says that the city council may select an alternate route other than that petitioned for if the alternate route is deemed by the city council to be less disruptive and less damaging to the affected landowners and in the public's best interest.; and WHEREAS, Minnesota Statute 435.37, subd. 1(c), states that the amount of damages must be paid by the petitioner to the city before the cartway is opened. For the purposes of said subdivision, damages means (1) the compensation (if any) awarded to the owner of the land upon which the cartway is established and (2) the costs of professional and other services, hearing costs, administrative costs, recording costs, and other costs and expenses that the city may incur in connection with the proceedings for the establishment of the cartway. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota, pursuant to Minnesota Statutes 435.37 and 164.07 that: 1. A hearing upon the attached Cartway Petition shall be held at the City Hall in the City of Lino Lakes on April 23, 2012, at 6:30 p.m. 2. The purpose of the hearing shall include, but is not limited to, determining: a. Whether the Petitioner is entitled to a cartway under Section 435.37, subd. 1(a); b. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or of a different width. c. What damages, if any, must the Petitioner pay to affected landowners for the establishment of the cartway; d. What other damages have been incurred or likely will be incurred by the City in connection with the establishment of the cartway; and e. Any other issue or matter that might relate to the cartway petition. P34