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07/09/2012 Council Packet
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07/09/2012 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/09/2012
Council Meeting Type
Regular
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In re Cartway Petition <br />July 9'2OlZ <br />Page 5 of 9 <br />Any cartway established must be both meaningful and reasonable. See, e.g., Kennedy v. <br />Pepin Tp. of Wabasha County, 784N.W0d378. 382 (Minn. 2010). <br />Mr. )ohnson's Petition defines the proposed cartway as the entire private road, <br />however, mentions that his personal intended use would be limited to approximately 250 <br />feet. (Petition.) Given that Mr. Johnson previously used the proposed cartway against the <br />express wishes o[ the Association, it is not reasonable to believe that he would limit himself <br />to the narrow access point at the very westernmost tip of his property that the 250 foot <br />length would achieve, Additiona[Iy, for enforcement purposes, such a limited access point <br />would unnecessarily burden the Association in policing the scope of the cartway, <br />The City has the ability to select an alternate route for the cartway which would be <br />more reasonable in tight of aLt circumstances. The size ofthe cartway must be determined as <br />to a) length and b) width. <br />A. Length of Cartway <br />The current endpoint ofthe public road ends at a cui de sac. This is to assist in the <br />turnaround of vehicles, including targer emergency and snow removal vehicles, If the City <br />elects to make this a public the road, it is not reasonable to have it end at a point that does <br />not a[[ow for the public or large vehic[es to turn around. Accordingly, if any of the road is to <br />become public, the only reasonable endpoint would be the cut de sac at its easternmost <br />point. Accordingly, the cartway's length should be defined as the entire length of the <br />currently-private road, <br />Alternative and less preferably, ifthe City chooses to end the public portion of the <br />road at some point short of the cut de sac, at a nninirnunn, the public portion of the road <br />should extend to the easternmost point of the Petitioner's property (approximately 770 feet), <br />eliminating the difficulty in enforcing trespass issues as he accesses his property. <br />B. Width of Cartway <br />Any suggestion to make a portion, but not the entire width of the roadway public is <br />also simply unreasonable. To limit the public's use of the roadway to the northern side, for <br />example, would cause vehicles to travel in both directions on the same side of the road. It is <br />obviously not feasible to install barriers in the middle of the road to separate the public <br />portion and the private portion and doing so woutd significantly diminish the effectiveness <br />of the roadway. The road is 28 feet wide and the Petitioned-for cartway (the entire outiot) is <br />
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