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JOHNSON /TUFINER <br />ATTORNEYS AT LAW & MEDIATION CENTER <br />July 30, 2012 <br />Jeff Karlson, City Administrator <br />City of Lino Lakes <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 Mr. Karlson: <br />After the public hearing on the above - referenced matter, it was requested that we provide <br />further information regarding the status of any easements benefitting Mr. Johnson's property <br />and information regarding the Homeowner's Association ( "Association ") By -laws and specific <br />authority and direction to act regarding its opposition to the cartway. Enclosed, please find a <br />copy of the Certificate of Title for Mr. Johnson's property which references only one easement <br />that is associated with the property. Also enclosed, please find a copy of that easement. A <br />review of the easement reveals that Mr. Johnson's property is not benefited by an easement, <br />much less an easement over the Association property. <br />Also enclosed, please find the Association's Declaration, By -laws and recent meeting minutes <br />signed by three of the five Association members. The meeting minutes reflect a commitment <br />by the entire Board of Directors, which also constitutes a majority of the ownership of the <br />Association. <br />As Mr. Snyder from our office explained at the hearing, our position remains that a cartway <br />can only be created if the City determines that it is for a public purpose. Otherwise, the <br />taking of property rights from our clients would be a violation of Minn. Stat. Chapter 117. If <br />the City decides to take this property interest from our clients, we believe our damages are <br />accurately reflecting in the information presented by our appraiser and discussed at the <br />hearing. <br />Very truly yours, <br />JOHNSO J URNER PA <br />Enclosures <br />cc: <br />Joe Lange[, Esq. <br />Julie Schwartz <br />,rrw! In. <br />56 E. Broadway Ave. #206 ' 12425 55th Street N. 539 Bielenberg Dr., #200 p 651.464.7292 <br />Forest Lake, MN 55025 / Lake Elmo, MN 55042 / Woodbury MN 55125 / J 651.464.7348 <br />www. joknsonandturner. corn <br />