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c. The existing private bridge over the channel was built instead of a culvert <br />for the express purpose of allowing boat access to Otter Lake via the <br />channel. <br />d. The channel's depth varies from year to year, but it was designed to be <br />navigable and was in fact previously navigated by boat. <br />5. An existing private drive extends from the eastern terminus of Otter Lake Drive <br />along the entire southern boundary of the Land. The private drive is Outlot A of <br />Oak Brook Peninsula and is owned by the Oak Brook Peninsula Homeowners <br />Association (the_ "HOA "). <br />6. The private drive can serve as the cartway for purposes of accessing the Land. <br />7. It is reasonable to utilize the full width of the existing paved drive for the cartway, <br />beginning at the eastern terminus of Otter Lake Drive and extending eastward <br />feet as measured down the centerline of the private drive. In addition, to <br />provide reasonable access from the north edge of the existing paved drive north to <br />the southern boundary of the Land, the cartway is to include a portion of Outlot A <br />feet in width beginning at feet from the eastern terminus of Otter <br />Lake Drive. A diagram and legal description of the cartway is attached hereto as <br />Exhibit B. <br />8. The City has incurred costs and expenses in connection with these cartway <br />proceedings. Petitioner escrowed $7,500 to cover the City's costs. <br />9. Petitioner intends to use the cartway for the following purposes: <br />a. Occasionally accessing the Land with residential lawn maintenance <br />equipment; and <br />b. Occasionally accessing the Land with normal residential vehicles. <br />10. The Land is not to be used for commercial purposes or any other purpose contrary <br />to City ordinances. <br />11. As the owner of Outlot A, the HOA will incur the following damages as a result of <br />the creation of the cartway: <br />a. Establishment of cartway on existing drive: $ <br />2 <br />