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• <br />• <br />CITY OF LINO LAKES <br />RESOLUTION NO. 12 -59 <br />ESTABLISHING A CARTWAY — OAK BROOK PENINSULA <br />WHEREAS, Petitioner Adam C. Johnson petitioned for a cartway pursuant to <br />Minnesota Statutes section 435.37; and <br />WHEREAS, the Council passed Resolution 12 -29 calling for a hearing on the <br />Petition, which hearing took place on July 9, 2012; and <br />WHEREAS, the Council received evidence offered by Petitioner and the affected <br />landowners and has adhered to the statutory requirements for establishing a cartway. <br />NOW, THEREFORE, BE IT RESOLVED that, based upon the evidence in the <br />record, the Council makes the following findings of fact and conclusions: <br />Findings of Fact <br />1. All affected landowners were served with the Petition, which was also posted at <br />City Hall. <br />2. Petitioner resides at 2055 Otter Lake Drive in Lino Lakes. <br />3. Petitioner owns a tract of land containing at least five acres, the legal description <br />of which is attached hereto as Exhibit A ( "the Land "). <br />4. The Land is abutted on the west by a channel leading to Otter Lake and on all <br />other sides by lands not owned by Petitioner. <br />a. The channel is man-made and was constructed to provide boat access to <br />Otter Lake from a number of parcels, including Petitioner's residence. The <br />channel separates Petitioner's residence from the Land. <br />b. According to Anoka County GIS, the channel is approximately 25 -30 feet <br />wide where it runs between Petitioner's two parcels. <br />