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• • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Joe Langel, City Attorney Michael Grochala, Community Development Dir. MEETING DATE: October 8, 2012 TOPIC: Consider Resolution No. 12 -59, Establishing Cartway, Otter Lake Drive VOTE REQUIRED: 3/5 INTRODUCTION The City received a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel he owns. Minnesota Statutes, Chapter 435.37 provides a process for the establishment of a cartway subject to certain minimum criteria. Staff is requesting council consideration of Resolution No. 12 -59 establishing cartway and determining damages. BACKGROUND The City Council held a public hearing on July 9, 2012, to consider a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway to provide access to a landlocked parcel he owns. At the work session on September 10, 2012, the Council requested additional information from the parties, which was subsequently received. The following outlines the factors for creating a cartway and provides some guidance on damages if a cartway is established. Establishing a Cartway In order for a petitioner's request for a cartway to be approved, the following statutory factors must be satisfied: 1.) Own a tract of land containing at least five acres. There is no question that the subject property satisfies the acreage requirement. 2.) No access except over a navigable waterway or over the lands of others, or the existing access is less than 33 feet in width. The subject property is bordered by the lands of others on three sides and by the Otter Lake channel on the west side. The channel is a navigable waterway as that term is used in this context.