2012-029 Council Resolution - Laserfiche WebLink

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• • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6A Michael Grochala March 26, 2012 Consider Resolution No. 12 -29, Calling for Hearing to Establish Cartway Simple Majority The City has 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 requirements. BACKGROUND The petitioner owns a tract of land of approximately 10 acres in area adjacent to his homestead property. The properties are separated by a water channel flowing into Otter Lake. The petitioner is only able to access the property over the channel or by a private road owned by the Oak Brook Peninsula Homeowners Association. The petitioner has stated that previous requests to use the existing roadway have been denied by the association. Accordingly the petitioner is requesting that the cartway be established over the existing private roadway. Minn. Stat. § 435.37 provides that upon petition presented to the city council, by the owner of a tract of land containing at least five acres, who has no access thereto except over a navigable waterway or over the lands of others the city council by resolution shall establish a cartway of at least two rods wide (33 feet) connecting the petitioner's land with a public road. In accordance with the statutory requirements after receipt of the petition the council must do the following: 1. Confirm that the threshold requirements for a cartway exist. a. The petitioner owns a tract of land containing at least five acres. b. Petitioner has no other access to that tract except over a navigable waterway or over the lands of others. 2. Select a route for the cartway. Given the layout of the property and channel, there does not appear to me any practical alternative other than use of the private road as proposed by the petitioner. 3. Issue an order that does the following: