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Michael Grochala From: Joseph J. Langel <JJL @ratwiklaw.com> Sent: Tuesday, July 31, 2012 11:19 AM To: Joseph J. Langel Subject: FW: Adam Johnson - cartway petition Attachments: docking easement to my propertyjpg From: Joseph M. Barnett jmailto :jbamett @folevmansfield.coml Sent: Tuesday, July 10, 2012 1:14 PM To: Joseph J. Lange) Cc: Adam Johnson (ajohnso8 (&gmail.com) Subject: RE: Adam Johnson - cartway petition I understand that the Council was looking for a more detailed understanding of the size of the cartway required to access Mr. Johnson's property. Mr. Johnson ran a new distance map off the Anoka county website based on the understanding that he is entitled to the docking easement. I have attached a copy of the map showing the distance as 8.76 feet from the northerly edge of the easement to his property. Using the 33 foot requirement for width of a cartway pursuant to MN Stat. 435.37, the required size would be 8.76' x. 33' (289 square feet.) This minute access point further shows that any damages are de minimis. A fair way to look at the minimal damage issue is to take the unimproved land values of the parcels in the association, for tax purposes, and divide it by the parcel sizes to determine the cost per foot (Note that Respondent's appraiser asserted a $.50 cost per sf): Unimproved Land Value for HOA $1,082,200/ Acreage for HOA Parcels 18.83 = Cost Per Acre $57,472. Cost Per Square Foot $1.32 ($57,472/43,560 (which is square feet in an acre.) Accordingly, an outright taking of 289 sf of unimproved land would cost $381.48. Because Mr. Johnson is only seeking access by easement to this tiny area you would further divide it by the number of properties that can use the 289 sf, which is 6 including Mr. Johnson, for a total damages of $63.58. This calculation demonstrates why Mr. Johnson takes the position that there are extremely minimal damages at issue. 1