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2012-029 Council Resolution
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2012-029 Council Resolution
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Last modified
9/23/2014 1:32:21 PM
Creation date
9/23/2014 1:10:35 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
03/26/2012
Council Meeting Type
Regular
Resolution #
12-029
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• <br />• <br />• <br />• Julie A. and Paul G. Schwartz, 2140 Otter Lake Drive, Lino Lakes, MN <br />55110 <br />o Lot 3 Block 1 Oak Brook Peninsula <br />• Mark Ronald Smith, 2120 Otter Lake Drive, Lino Lakes, MN 55110 <br />o Lot 4 Block 1 Oak Brook Peninsula <br />• Alan S. Law And Sandra L. Steen -Law, 2100 Otter Lake Drive, Lino <br />Lakes, MN 55110 <br />o Lot 5 Block 1 Oak Brook Peninsula <br />7. In accordance with Subdivision 2 of Minn. Stat. § 435.37, Petitioner will pay Petitioner's <br />equitable portion for the cost of maintenance of the cartway as a "private property owner[] who <br />ha[s] no access to [his] land except by way of the cartway." Minn. Stat.§ 435.37 (2). <br />8. The following information may assist this City Council in its determination of <br />Petitioner's equitable share of maintenance expenses of the cartway easement over the Bridge in <br />accordance with Subdivision 2 of Minn. Stat.§ 435.37. Petitioner plans to use the cartway <br />easement for year -round walking and seasonal driving. Petitioner will walk over the cartway <br />easement approximately 2 -3 times per week. Petitioner anticipates using the cartway easement <br />for occasional driving purposes during the spring, summer, and fall seasons. Petitioner will drive <br />Petitioner's ATV four- wheeler over the cartway easement approximately 1 -2 times per week. <br />Further, Petitioner will drive Petitioner's small tractor over the cartway easement approximately <br />2 -3 times per year. Petitioner's ATV four- wheeler weighs approximately four hundred (400) <br />pounds, and Petitioner's small tractor weighs approximately nine hundred (900) pounds. <br />Petitioner will travel for approximately two hundred fifty (250) feet on the cartway easement <br />over the Bridge before exiting the cartway easement onto the Landlocked Lot. <br />WHEREFORE, your Petitioner prays for an Order of the City Council for Lino Lakes as follows: <br />1. Setting a hearing upon the Cartway Petition at the City Hall in the City of Lino <br />Lakes at a date and time as determined by the Lino Lakes City Council for the purpose of <br />determining: <br />a. Whether the Petitioner is entitled to a cartway under Minn. Stat. Section <br />435.37, subd. 1(a); <br />-6- <br />
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