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4. Petitioner has met the statutory requirements for establishing a cartway in order to <br />obtain access to the Land. <br />5. Utilizing the existing private drive along Outlot A as the cartway is the least <br />damaging and disruptive location for the cartway. It would be unreasonable and <br />more disruptive to require another bridge to be built over the channel between <br />Petitioner's two parcels. <br />6. The cartway shall be the full width of the existing drive, plus an area to the north <br />of the drive for access to the Land, as further described in Exhibit B. <br />7. All costs incurred by the City shall be deducted from Petitioner's escrow and the <br />remainder returned to Petitioner. <br />8. It is not in the public's interest to expend City funds on the cartway, either for <br />initial construction or ongoing maintenance. <br />9. Pursuant to Minnesota Statutes section 435.37, subdivision 1(c), Petitioner shall <br />pay the City $ in damages for the establishment of the cartway. <br />Said damages shall be forwarded to the HOA. <br />10. Pursuant to Minnesota Statutes section 435.37, subdivisions 1(d) and 2, all costs of <br />construction and maintenance of the small access area between the north edge of <br />the existing private drive and the south_boundary of the Land, as illustrated in <br />Exhibit B, shall be the sole responsibility of Petitioner. <br />11. Pursuant to Minnesota Statutes section 435.57, subdivision 2, Petitioner shall pay <br />the HOA $ per year for maintenance costs-directly related to maintenance <br />of the existing private drive to the extent it serves as the cartway, as shown on <br />Exhibit B. Said payments shall be paid on or before January 1St of each year, <br />beginning January 1, 2013. The remainder of the existing private drive shall <br />continue to be maintained by the HOA at its sole cost. <br />4 <br />