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• • CITY OF LINO LAKES RESOLUTION NO. 12 -59 ESTABLISHING A CARTWAY — OAK BROOK PENINSULA WHEREAS, Petitioner Adam C. Johnson petitioned for a cartway pursuant to Minnesota Statutes section 435.37; and WHEREAS, the Council passed Resolution 12 -29 calling for a hearing on the Petition, which hearing took place on July 9, 2012; and WHEREAS, the Council received evidence offered by Petitioner and the affected landowners and has adhered to the statutory requirements for establishing a cartway. NOW, THEREFORE, BE IT RESOLVED that, based upon the evidence in the record, the Council makes the following findings of fact and conclusions: Findings of Fact 1. All affected landowners were served with the Petition, which was also posted at City Hall. 2. Petitioner resides at 2055 Otter Lake Drive in Lino Lakes. 3. Petitioner owns a tract of land containing at least five acres, the legal description of which is attached hereto as Exhibit A ( "the Land "). 4. The Land is abutted on the west by a channel leading to Otter Lake and on all other sides by lands not owned by Petitioner. a. The channel is man -made and was constructed to provide boat access to Otter Lake from a number of parcels, including Petitioner's residence. The channel separates Petitioner's residence from the Land. b. According to Anoka County GIS, the channel is approximately 25 -30 feet wide where it runs between Petitioner's two parcels. c. The existing private bridge over the channel was built instead of a culvert for the express purpose of allowing boat access to Otter Lake via the channel. d. The channel's depth varies from year to year, but it was designed to be navigable and was in fact previously navigated by boat. 5. An existing private drive extends from the eastern terminus of Otter Lake Drive along the entire southern boundary of the Land. The private drive is Outlot A of Oak Brook