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• c. What damages, if any, must the Petitioner pay to affected landowners <br />410 <br />for the establishment of the cartway; <br />d. What other damages have been incurred or likely will be incurred by <br />the City in connection with the establishment of the cartway; and <br />e. Any other issue or matter that might relate to the cartway petition. <br />3. The Petitioner shall <br />a. Cause personal service of this Order and the Cartway Petition to be <br />made upon each owner and occupant of land over which or adjacent to <br />which the proposed cartway would pass, and upon each person whose <br />land would be reasonably expected to be affected by the establishment <br />of the proposed cartway; <br />b. Post a copy of this Order and the Cartway Petition at the City's posting <br />places; <br />c. Accomplish items 3 (a) and (b) at least ten days before the cartway <br />hearing; and <br />d. Submit to the City an affidavit, prior to the hearing, showing that items <br />3 (a) — (c) have been accomplished. <br />e. Escrow $5,000.00 with the City to cover the City's costs and expenses <br />pursuant to Minnesota Statute section 435.37, subdivision 1(c). No <br />further action by the City, including the hearing, shall occur until the <br />escrow is in place. The petitioner will be required to cover all costs <br />incurred by the city. The petitioner shall replenish the escrow balance <br />as directed by the Community Development Director. <br />4. The proposed cartway, if approved, will be coextensive with a portion of an <br />existing, privately owned driveway (Outlot A, Oak Brook Peninsula). It is the <br />Council's intention to retain private ownership of that driveway. It is not in <br />the public's interest to expend public funds on the cartway or to make the <br />cartway into a public road. <br />5. All persons who wish to be heard on any of these issues identified above, or of <br />any other issue or matter relating to the Cartway Petition, should appear at the <br />hearing and be prepared to offer or present any testimony, evidence, opinions, <br />or views that they may have. <br />6. Affected landowners are hereby notified, pursuant to Minnesota Statute <br />411 164.07, subd. 2, that they are entitled to judicial review if the cartway is <br />