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JOHNSON TURNER <br />ALTO amsr AT LAW & wco/^r om cswr�x <br />July 9,202 <br />Lino Lakes city CouncU <br />600 Town Center Pkwy <br />Lino Lake, MN 55014 <br />Re: Resolution 12-29 - Petition to Establish Cartway <br />Our File No.: 12-1784'002 <br />Dear Counci( Members: <br />1. Statement of Background Facts <br />Oak Brook Peninsula is a residential development located in the City of Lino Lakes, <br />Minnesota (hereinafter the "City"). A copy of the plat map is attached hereto as Exhibit 1 and <br />incorporated herein by reference. The Oak Brook Peninsula development contains six <br />parcels of [and, consisting of five residential parcels and an outiot, where the private <br />roadway and bridge are located. The development is heavily wooded and maintained to be <br />private. In fact, the entire development including Otter Lake Drive is private. The <br />homeowners residing in the development occasionally close off the road to enjoy private <br />parties and gatherings. This is among the many benefits of a private road that are enjoyed <br />by the homeowners. <br />The five parcel owners residing in Oak Brook Peninsula formed the Oak Brook <br />Peninsula Homeowner's Association ("Association") to maintain the private nature of the <br />development. As part of the original development pian, a bridge over the creek was <br />constructed at great cost to provide access to the private wooded residential area of the <br />development. The Association private[y maintains the bridge and the roadway. <br />In 2009. the Association became aware that Adam C. johnson, who owns property <br />directly bordering the development, was using without permission the private roadway and <br />bridge to access his property The Association did not grant Mr. Johason approval to use their <br />private road for any reason. <br />In the Spring of 2012, the Association became aware that Mr. Johnson had petitioned <br />for a cartway across the private roadway. This letter serves as Oak Brook Peninsula <br />56 E. Broadway Ave. 4206 / 12425 55th 3TrueTN. / 539 Bielenberg Dr., 4200 / p 65%464.7292 <br />Forest Lake, MN 55025 / Lake Fimo, MN 55842 / Woodbury MN 55125 ' f 651.464.7348 <br />vm'wJnh,snmandtuuxrmm <br />