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• <br />• <br />• <br />b. Residential vehicles and lawn maintenance equipment will be utilized by <br />Petitioner. The HOA members will cause typical residential traffic to occur on <br />the private drive. <br />c. The distance traveled over Outlot A for the cartway is less than half the distance <br />of the existing private drive. <br />d. The HOA's costs for maintaining the private bridge and road vary from year to <br />year, depending upon the type of maintenance required. <br />Conclusions <br />1. Petitioner owns a tract of land containing at least five acres that is accessible only by a <br />water channel or over the lands of others. <br />2. The channel is a navigable waterway. <br />3. Because of its size, there is no practicable access across the channel in the absence of a <br />bridge. <br />4. Petitioner has met the statutory requirements for establishing a cartway in order to obtain <br />access to the Land. <br />5. Utilizing the existing private drive along Outlot A as the cartway is the least damaging <br />and disruptive location for the cartway. It would be unreasonable and more disruptive to <br />require another bridge to be built over the channel between Petitioner's two parcels. <br />6. The cartway shall be the full width of the existing drive, plus an area to the north of the <br />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, if any, returned to Petitioner. Any and all additional costs shall be paid by <br />Petitioner. <br />8. It is not in the public's interest to expend City funds on the cartway, either for initial <br />construction or ongoing maintenance. <br />9. Pursuant to Minnesota Statutes section 435.37, subdivision 1(c), Petitioner shall pay the <br />City $ in damages for the establishment of the cartway. Said damages <br />shall be forwarded to the HOA. Damages must be paid to the City before the cartway is <br />opened. <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 the <br />existing private drive and the south boundary of the Land, as illustrated in Exhibit B, <br />shall be the sole responsibility of Petitioner. <br />11. Pursuant to Minnesota Statutes section 435.57, subdivision 2, Petitioner shall pay the <br />HOA for maintenance costs directly related to maintenance of the existing private drive <br />3 <br />