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• • CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Joe Langel, City Attorney Michael Grochala, Community Development Dir. MEETING DATE: October 22, 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 council discussed the issues at the October 8, 2012 and recommended a site visit to evaluate the cartway location. A special meeting of the City Council was held on October 15, 2012 at location of the proposed cartway. The following outlines the factors for creating a cartway and provides some guidance on damages if a cartway is established. Additional information on wetland impacts is included under the Cartway Location section. Establishing a Cartvvav 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.