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Petitioner suggests using the HOA's land value of $.50 per square foot multiplied by the square footage of the cartway, which equals the sale value of the land underlying the cartway, and then dividing by six to take into account the six property owners who will utilize the property. This 1/6 concept was also used by the HOA in its maintenance fee proposal. This approach results in the following: Land Value $1,343 Improvements $50,639 Total damages $51,982 Maintenance The HOA provided historical maintenance figures and then suggested that a set annual amount would not be equitable given anticipated future costs. That argument makes sense, although it makes the amount variable and possibly more difficult to enforce. The formula proposed by the HOA, however, suggests that 1/6 of the entire private road be factored in, not just the cartway portion. As stated above, staff sees no merit in that approach. Instead, the maintenance costs should be broken down into two parts: those unique to the bridge and the road underlying the cartway, and those common to the entire road. Petitioner should pay 1/6 of the former and 1/6 of 12.28% of the latter. In that manner, Petitioner will pay his portion of the maintenance costs related to the cartway. RECOMMENDATION The council will need to make a determination regarding the location of the cartway and the damages associated with the establishment of such cartway. The information contained herein is intended to provide council with guidance in reaching this conclusion. The draft resolution will need to be completed by staff and the City Attorney based on the council's deliberation. Attachments 1. Draft resolution No. 12 -59 2. Petitioner's Survey 3. September 13, 2012, e-mail from attorney Joe Barnett (Petitioner) 4. September 13, 2012, e-mail from attorney Chris Johnson (HOA) 5. Driveway Contour Map, prepared by WSB. 6 • • •