07/09/2012 Council Packet - Laserfiche WebLink

Home Search

Issues 1. Have the threshold requirements for a cartway met? Mr. Johnson owns a 9.89 acre parcel. The parcel is separated from his homestead site by a water channel leading to Otter Lake. The only other access to the property is by land owned by adjacent property owners to the north or by property owned by the Oakbrook Peninsula Homeowners Association. This property includes a private street that provides access to the association member's property. 2. Cartway Location. The primary issue is how far down the private drive does Johnson need to go in order to properly access his property. The petition has requested that the cartway cover all of Outlot A, Oakbrook Peninsula, which is the entire length of the road. The petitioner does not need the entire length. The petition also indicates that they will travel approximately 250 feet on the cartway before existing onto the landlocked parcel. As for the width it appears reasonable and logical to simply use the width of the existing roadway surface to the point where Johnson exits the road to get onto his property. 3a. Damages - City. The petitioner has provided a cash escrow to cover all city costs. In the event that the actual costs incurred exceed the escrow amount the petitioner will be required to reimburse the City. A provision should be included in the resolution to require reimbursement. 3b. Damages — Landowners. There is little direct guidance in statute or case law for determining damages. Statute states that "damages means the compensation, if any awarded to the owner of the land..." Similar to a condemnation case the council may take into consideration whether the value of the existing road is reduced by the creation of the cartway, and if so, by how much? It should also be noted that this is intended to be a private cartway, not public. 3c. Damages — Maintenance. The statue requires that the cost of maintaining the cartway "be equitably divided" among all of the parties. The council may take into consideration the following factors: • Frequency of use • Type and weight of the vehicles or equipment; and * The distance traveled on the cartway to the individual's property • Any other factors the council deems relevant The Council will then have to formulate some sort of apportionment. A flat dollar amount per year with an annual escalator may be the easiest for the parties to enforce.