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STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6A Michael Grochala July 9, 2012 Vide IAA1- tr* ;. Consider Resolution No. 12 -59, artway, Otter Lake Drive y The City received a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel he owns. Minnesota Statutes, Chapter 435.37 provides a process for the establishment of a cartway subject to certain minimum criteria. A public hearing is required to provide an opportunity for the petitioner and the owner of the parcel over which the cartway is being established, Oakbrook Peninsula Homeowners Association, to provide testimony. BACKGROUND Minn. Stat. § 435.37 provides that upon petition presented to the city council, by the owner of a tract of land containing at least five acres, who has no access thereto except over a navigable waterway or over the lands of others the city council by resolution shall establish a cartway of at least two rods wide (33 feet) connecting the petitioner's land with a public road. On March 26, 2012 the City Council called for a hearing to be held on July 9, 2012 to consider the establishment of a cartway. The approved Resolution No. 12 -29 included the order for Mr. Johnson to personally serve the resolution on the owners and occupants of the land. Mr. Johnson has provided the city with an affidavit of service indicating such service has been made. Copies of the resolution and petition have also been posted at City Hall. Mr. Johnson was also ordered to escrow $5,000 to cover the City's costs. This escrow is in place. In consideration of the cartway request there are 3 issues to be addressed; 1. Whether the threshold requirements for establishing a cartway are met. Those requirements are: a. Petitioner owns a tract of land 5 acres in size; and b. Petitioner has no access to it except over a navigable waterway or over the lands of others. 2. Where the cartway should be located. 3. Damages.