2012-059 Council Resolution - Laserfiche WebLink

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5. Utilizing the existing private drive along Outlot A as the cartway is the least damaging and disruptive location for the cartway. It would be unreasonable and more disruptive to require another bridge to be built over the channel between Petitioner's two parcels. 6. The cartway shall be the full width of the existing drive, plus an area to the north of the drive for access to the Land, as further described in Exhibit B. 7. All costs incurred by the City shall be deducted from Petitioner's escrow and the remainder, if any, returned to Petitioner. Any and all additional costs shall be paid by Petitioner. 8. It is not in the public's interest to expend City funds on the cartway, either for initial construction or ongoing maintenance. 9. Pursuant to Minnesota Statutes section 435.37, subdivision 1(c), Petitioner shall pay the City $ 51,653.75 in damages for the establishment of the cartway. Said damages shall be forwarded to the HOA. Damages must be paid to the City before the cartway is opened. 10. Pursuant to Minnesota Statutes section 435.37, subdivisions 1(d) and 2, all costs of construction and maintenance of the small access area between the north edge of the existing private drive and the south boundary of the Land, as illustrated in Exhibit B, shall be the sole responsibility of Petitioner. 11. Pursuant to Minnesota Statutes section 43 5.57, subdivision 2, Petitioner shall pay the HOA for maintenance costs directly related to maintenance of the existing private drive to the extent it serves as the cartway, as shown on Exhibit B. The remainder of the existing private drive shall continue to be maintained by the HOA at its sole cost. Petitioner shall pay 1/6 of the maintenance costs directly attributable to the bridge, including the road surface of the bridge, and that portion of the roadway underlying the cartway. To the extent maintenance costs are invoiced for the road as whole, Petitioner shall pay 1.54% of the total cost. Said payments shall be made at the same time and in the same manner as members of the HOA are required to make such payments for the same maintenance costs. 12. Beginning two years after the filing of the award, the total damage amount of $51,653.75 shall be subject to increases due to inflation as measured by the online Department of Labor, Bureau of Labor Statistics, Consumer Price Index Inflation 4