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P35 3. The Petitioner shall a. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway; b. Post a copy of this Order and the Cartway Petition at the City's posting places; c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — (c) have been accomplished. e. Escrow $5,000.00 with the City to cover the City's costs and expenses pursuant to Minnesota Statute section 435.37, subdivision 1(c). No further action by the City, including the hearing, shall occur until the escrow is in place. The petitioner will be required to cover all costs incurred by the city. The petitioner shall replenish the escrow balance as directed by the Community Development Director. 4. The proposed cartway, if approved, will be coextensive with a portion of an existing, privately owned driveway (Outlot A, Oak Brook Peninsula). It is the Council's intention to retain private ownership of that driveway. It is not in the public's interest to expend public funds on the cartway or to make the cartway into a public road. 5. All persons who wish to be heard on any of these issues identified above, or of any other issue or matter relating to the Cartway Petition, should appear at the hearing and be prepared to offer or present any testimony, evidence, opinions, or views that they may have. 6. Affected landowners are hereby notified, pursuant to Minnesota Statute 164.07, subd. 2, that they are entitled to judicial review if the cartway is established, but that to do so they must follow all of the procedures set forth in Minnesota Statute Section 164.07, subd. 7, including but not limited to serving and filing a notice of appeal within 40 days after the filing of the award of damages, and within ten days after the filing of the award of damages if they wish to delay the opening of the cartway, together with an approved bond of not less than $250. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member 6