2012-059 Council Resolution - Laserfiche WebLink

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• CITY'S O__F • • November 26, 2012 Oak Brook Homeowners Assn. c/o Mark Smith 2120 Otter Lake Road Lino Lakes, MN 55110 Re: Notice of Filing of Award — Cartway Dear Gentlemen: Adam Johnson 2055 Otter Lake Drive Lino Lakes, MN 55110 At its regular meeting on October 22, 2012, the City Council passed Resolution 12 -59 establishing a cartway upon the existing private drive on Outlot A, owned by the Oak Brook Peninsula Homeowners Association. The cartway is the full width of the existing road (33 feet) and extends 369 feet eastward from the eastern terminus of Otter Lake Drive. The Resolution with attached survey illustrating the cartway is enclosed. The Council awarded the HOA $51,653.75 in damages, plus maintenance costs, as further explained in the Resolution. The cartway will not be opened for use unless and until the Petitioner pays all assessed damages to the City pursuant to the terms of the Resolution. The HOA's share of the damages will then be forwarded to the HOA. The award of damages was filed with the City Clerk on November 26, 2012. If the HOA wishes to delay the construction and opening of the cartway, a notice of appeal must be filed in Anoka County District Court within 10 days of the filing of the award. If either the Petitioner or the HOA wishes to appeal the award of damages, they have up to 40 days after the filing of the award to file a notice of appeal in Anoka County District Court. Minn. Stat. ,¢i 164.07, subd. 7; 435.37, subd. 4. The notice of appeal must be accompanied by a bond of at least $250 to cover the costs on appeal in the event the award is upheld. The court may determine if a larger bond is needed. A copy of any notice of appeal must be mailed by registered or certified mail to the City Clerk or any member of the City Council. The notice must state the award being appealed from, a description of the land underlying the cartway, the nature and amount of the claim, and the grounds for appeal. Minn. Stat. §' 164.07, subd. 7; 435.37, subd. 4.