10/08/2012 Council Packet - Laserfiche WebLink

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• • • Cartway Location Petitioner Johnson requests that the cartway be coextensive with the HOA's existing driveway to a point where the cartway turns to the northeast into the subject property. The driveway meets the statutory requirement for a cartway that is two rods wide (see attached survey) without any unused width. The statute provides that an alternative route may be selected by the Council if the alternative is deemed "less disruptive and damaging to the affected landowners and in the public's best interest." Minn. Stat. § 435.37, subd. 1(b). Given the existing driveway and bridge, their location relative to the subject property, and the minor amount of modifications required on the HOA's property, no other route meets the statutory standard. Damages Damages must be paid by Petitioner to the City before the cartway is opened. Minn. Stat. § 435.37, subd. 1(c). Damages "means the compensation, if any, awarded to the owner of the land upon which the cartway is established" along with maintenance costs and the City's costs. As you are aware, the parties' positions on damages are wildly divergent. In most cases, cartways are created where no road exists, so the use of the land changes when the cartway is built. What was once open land, timber or field is now a road. Here, a road two rods wide already exists except for a 4' /z' x 33' section where the cartway turns northeast into the subject property. The questions is, what are the damages to the HOA for establishing a cartway upon a portion of the existing driveway, where the only new section of road will be approximately 147 square feet for the turn off? Petitioner Petitioner's most recent damage calculation is as follows: The cartway is 16,120.5 square feet in size. Using the HOA's land value of $.50 per square foot, the total land value of the cartway is $8,060.25. Because Petitioner is just one of six property owners who will utilize the cartway, his share (1/6) of the land value to be paid as damages is $1,343.38. This analysis does not take into account the impact, if any, on the remaining HOA property, including the improvements, incurred as a result of creating the cartway, nor does it address ongoing maintenance costs. HOA The HOA asserts damages of at least $747,987.25, which consists of three components: land value, improvement value and severance damages.