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HomeMy WebLinkAbout2012-029 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 12 -29 CALLING FOR A HEARING UPON PETITION REQUESTING THE ESTABLISHMENT OF A CARTWAY WHEREAS, The City of Lino Lakes has received a Petition for the Establishment of a Cartway. A copy of the Petition is attached to and made part of hereof as Exhibit A, and WHEREAS, The Petition seeks to establish a cartway pursuant to Minnesota Statute 435.37. The description of the proposed cartway is: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, • • • Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet, Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. The legal description of the tract of land over which the proposed cartway would pass is: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, • Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet, Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. and WHEREAS, Minnesota Statute 435.37, subd. 1(a), requires a city council to establish a cartway at least two rods wide connecting a petitioner's land to a public road if a petition is presented by the owner of a tract of land containing at least five acres who has no access thereto except over lands of others; and WHEREAS, Minnesota Statute 435.37, subd. 1(b), says that the city council may select an alternate route other than that petitioned for if the alternate route is deemed by the city council to be less disruptive and less damaging to the affected landowners and in the public's best interest.; and WHEREAS, Minnesota Statute 435.37, subd. 1(c), states that the amount of damages must be paid by the petitioner to the city before the cartway is opened. For the purposes of said subdivision, damages means (1) the compensation (if any) awarded to the owner of the land upon which the cartway is established and (2) the costs of professional and other services, hearing costs, administrative costs, recording costs, and other costs and expenses that the city may incur in connection with the proceedings for the establishment of the cartway. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota, pursuant to Minnesota Statutes 435.37 and 164.07 that: 1. A hearing upon the attached Cartway Petition shall be held at the City Hall in the City of Lino Lakes on July 9, 2012, at 6:30 p.m. 2. The purpose of the hearing shall include, but is not limited to, determining: a. Whether the Petitioner is entitled to a cartway under Section 435.37, subd. 1(a); b. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or of a different width. • c. What damages, if any, must the Petitioner pay to affected landowners 410 for the establishment of the cartway; d. What other damages have been incurred or likely will be incurred by the City in connection with the establishment of the cartway; and e. Any other issue or matter that might relate to the cartway petition. 3. The Petitioner shall a. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway; b. Post a copy of this Order and the Cartway Petition at the City's posting places; c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — (c) have been accomplished. e. Escrow $5,000.00 with the City to cover the City's costs and expenses pursuant to Minnesota Statute section 435.37, subdivision 1(c). No further action by the City, including the hearing, shall occur until the escrow is in place. The petitioner will be required to cover all costs incurred by the city. The petitioner shall replenish the escrow balance as directed by the Community Development Director. 4. The proposed cartway, if approved, will be coextensive with a portion of an existing, privately owned driveway (Outlot A, Oak Brook Peninsula). It is the Council's intention to retain private ownership of that driveway. It is not in the public's interest to expend public funds on the cartway or to make the cartway into a public road. 5. All persons who wish to be heard on any of these issues identified above, or of any other issue or matter relating to the Cartway Petition, should appear at the hearing and be prepared to offer or present any testimony, evidence, opinions, or views that they may have. 6. Affected landowners are hereby notified, pursuant to Minnesota Statute 411 164.07, subd. 2, that they are entitled to judicial review if the cartway is • • established, but that to do so they must follow all of the procedures set forth in Minnesota Statute Section 164.07, subd. 7, including but not limited to serving and filing a notice of appeal within 40 days after the filing of the award of damages, and within ten days after the filing of the award of damages if they wish to delay the opening of the cartway, together with an approved bond of not less than $250. Adopted by the Council of the City of Lino Lakes this 2_6_thday of Mar 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council MemberRafferty and upon vote being taken thereon, the following voted in favor thereof: neefono�ingv otedragenst's nell, Stoesz, Reinert none ATTEST: Juli. e Bartell, Ci Cler • Exhibit A STATE OF MINNESOTA CITY OF LINO LAKES In Re the Petition of Adam C. Johnson for the Establishment of a Cartway Pursuant to Minnesota Statute § 435.37 PETITION FOR CARTWAY TO: THE LINO LAKES CITY COUNCIL Your Petitioner respectfully represents and shows as follows: 1. Petitioner's name is Adam C. Johnson. Petitioner is a home and property owner within your jurisdiction. Petitioner's situation involves a landlocked tract of land owned by Petitioner, which contains "at least five acres," and is unreachable except "over a navigable waterway or over the lands of others." Minn. Stat. § 435.37. 2. Pursuant to Minn. Stat. § 435.37, a petition is hereby made to this City Council for the establishment of an easement for a cartway. • 3. Petitioner resides at 2055 Otter Lake Drive, Lino Lakes, MN 55110 (the "Home Property "). Petitioner also owns a tract of land of approximately ten (10) acres (the "Landlocked Lot "), but a channel of water flowing into Otter Lake (the "Channel ") separates Petitioner's Home Property from Petitioner's Landlocked Lot. On the Anoka County GIS Department website, the landlocked lot is immediaiely east of the easternmost edge of Lot 2055, which is Petitioner's Home Lot. The Home Lot is on the west side of the Channel, and the Landlocked Lot is on the east side of the Channel. 4. Petitioner is unable to access the Landlocked Lot except over either the Channel or the lands of others. The applicable Parcel Identification Numbers for Petitioner's property are 36- 31 -22 -32 -0002, 36- 31 -22 -23 -0021, 36- 31 -22 -23 -0029, and 36- 31 -22 -23 -0028. Further, the legal description of Petitioner's property is as follows: That part of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, lying easterly, southwesterly, southerly, and easterly of the following described line: Commencing at the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 minutes 00 • • seconds East, along the south line of said Outlot B a distance of 256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 degrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288.47 feet to the south line of the north 971.86 feet of said Outlot B, as measured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence north 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet; thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 degrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the north line of said Outlot B distant 328.94 feet east from the northeast corner thereof, and said line there terminating. AND lying northerly, northeasterly, and easterly of Outlot A, OAK BROOK PENINSULA. That part of Government Lot 7, Section 36, Township 31, Range 22 lying southerly and westerly of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and northeasterly of Outlot A, OAK BROOK PENINSULA. That part of Government Lot 6, Section 36, Township 31, Range 22, lying west of the southerly extension of the east line of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and lying easterly and northerly of Outlot A, OAK BROOK PENINSULA. The Landlocked Lot is located at Parcel Identification Number 36- 31 -22 -23 -0021, and is also connected to PID Number 36- 31 -22 -32 -0002. Both PID Numbers are located on the east -2- • • • side of the Channel. PID Number 36- 31 -22 -23 -0021 is legally described as follows: That part of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, lying easterly, southwesterly, southerly, and easterly of the following described line: Commencing at the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 minutes 00 seconds East, along the south line of said Outlot B a distance of 256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 degrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288.47 feet to the south line of the north 971.86 feet of said Outlot B, as measured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence north 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet; thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 degrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the north line of said Outlot B distant 328.94 feet east from the northeast corner thereof, and said line there terminating. AND lying northerly, northeasterly, and easterly of Outlot A, OAK BROOK PENINSULA. PID Number 36- 31 -22 -32 -0002 is described as follows: THAT PRT OF N 61.50 FT OF GOVT LOT 6 SEC 36 TWP 31 RGE 22 LYG W OF SLY EXTN OF E LINE OF OUTLOT B OTTER LAKE ESTATES & LYG NELY OF A LINE PRLL /W & 30 FT NLY OF FOL DESC LINE, COM AT A PT ON S LINE OFN 1001.86 FT OF GOVT LOT 7 SD SEC 685 FT E OF W -3- • • LINE THEREOF (SD S LINE HAS AN ASSD BRG OF S 89 DEG 06 MIN 58 SEC E), TH N 0 DEG 53 MIN 02 SEC E 13.70 FT TO POB OF SD LINE, TH S 89 DEG 14 MIN 24 SEC E 70.95 FT, TH SELY 93.50 FT ALG A TAN CUR CONC TO SW HAV A CEN ANG OF 50 DEG 16 MIN & A RAD OF 106.58 FT, TH S 38 DEG 58 MIN 24 SEC E TAN TO SD CUR 109.17 FT, TH SELY 136.39 FT ALG A TAN CUR CONC TO NE HAV A CEN ANG OF 30 DEG 16 MIN RAD OF 258.19 FT, TH S 69 DEG 14 MIN 24 SEC E TAN TO SD CUR 222.50 FT, TH SLY 93.81 FT ALG A TAN CUR CONC TO W HAV CEN ANG OF 70 DEG 12 MIN 15 SEC & RAD OF 76.56 FT, TH ELY 47.12 FT ALG A REV CUR HAV A CEN ANG OF 90 DEG & A RAD OF 30 FT, TH S 89 DEG 02 MIN 09 SEC E TAN TO SD CUR 15 FT & SD LINE THERE TERM, SUBJ TO EASE OF REC. 5. The Oak Brook Peninsula Homeowners Association formerly owned a private roadway, which includes a bridge over the Channel (the "Bridge ") and would connect Petitioner's Home Property with Petitioner's Landlocked Lot. However, individuals who formerly represented, or were members of, the Oak Brook Peninsula Homeowners Association have denied Petitioner's requests for access across the Bridge in order to reach Petitioner's Landlocked Lot. Therefore, pursuant to Subdivision 1 of Minn. Stat. § 435.37, this Petition is being made to establish an easement for a cartway over the Bridge that the Oak Brook Peninsula Homeowners Association already constructed and formerly privately owned. The legal description of the private roadway is as follows: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 -4- • • • seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet, Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. 6. Alan S. Law and Sandra L. Steen -Law conveyed and quitclaimed the above described private roadway to the Oak Brook Peninsula Homeowners Association via Quit Claim Deed on May 14, 2003. However, the Oak Brook Peninsula Homeowners Association underwent involuntary dissolution on September 20, 2005. Therefore, Petitioner names in this petition the following individuals who have an actual or potential legal interest in the use of the above described private roadway as actual or potential owners of the private roadway. Each of the following individuals was a member of the Oak Brook Peninsula Homeowners Association or is owners of, or taxpayers for, land that abuts the private roadway described above. These individuals' names and addresses are as follows: • Jodell Marie Heller, 2155 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 1 Block 1 Oak Brook Peninsula • Russell Dean Melton, 2150 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 2 Block 1 Oak Brook Peninsula -5- • • • • Julie A. and Paul G. Schwartz, 2140 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 3 Block 1 Oak Brook Peninsula • Mark Ronald Smith, 2120 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 4 Block 1 Oak Brook Peninsula • Alan S. Law And Sandra L. Steen -Law, 2100 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 5 Block 1 Oak Brook Peninsula 7. In accordance with Subdivision 2 of Minn. Stat. § 435.37, Petitioner will pay Petitioner's equitable portion for the cost of maintenance of the cartway as a "private property owner[] who ha[s] no access to [his] land except by way of the cartway." Minn. Stat.§ 435.37 (2). 8. The following information may assist this City Council in its determination of Petitioner's equitable share of maintenance expenses of the cartway easement over the Bridge in accordance with Subdivision 2 of Minn. Stat.§ 435.37. Petitioner plans to use the cartway easement for year -round walking and seasonal driving. Petitioner will walk over the cartway easement approximately 2 -3 times per week. Petitioner anticipates using the cartway easement for occasional driving purposes during the spring, summer, and fall seasons. Petitioner will drive Petitioner's ATV four- wheeler over the cartway easement approximately 1 -2 times per week. Further, Petitioner will drive Petitioner's small tractor over the cartway easement approximately 2 -3 times per year. Petitioner's ATV four- wheeler weighs approximately four hundred (400) pounds, and Petitioner's small tractor weighs approximately nine hundred (900) pounds. Petitioner will travel for approximately two hundred fifty (250) feet on the cartway easement over the Bridge before exiting the cartway easement onto the Landlocked Lot. WHEREFORE, your Petitioner prays for an Order of the City Council for Lino Lakes as follows: 1. Setting a hearing upon the Cartway Petition at the City Hall in the City of Lino Lakes at a date and time as determined by the Lino Lakes City Council for the purpose of determining: a. Whether the Petitioner is entitled to a cartway under Minn. Stat. Section 435.37, subd. 1(a); -6- • • • b. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or of a different width. c. What damages, if any, must the Petitioner pay to affected landowners for the establishment of the cartway; d. What other damages have been incurred or likely will be incurred by the City in connection with the establishment of the cartway; and e. Any other issue or matter that might relate to the cartway petition. 2. Further Ordering that the Petitioner shall a. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway; b. Post a copy of this Order and the Cartway Petition at the City's posting places; c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — (c) have been accomplished. -7- ADAM C. JOHNSON Adam C. Johnson 2055 Otter Lake Drive Lino Lakes, MN 55110 ajohnso8 @gmail.com (651) 442 -7259 • • 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: • a. Describes the proposed cartway; b. Sets a date and time for a hearing; c. Contains the statutory notice to affected landowners; and d. Orders the petitioner to personally serve those landowners, and post notice of the hearing at least ten days before the hearing. 4. Decide whether a bond or other security has to be filed by the Petitioner for the total estimated damages before further action is taken. The resolution includes the requirement to establish an escrow in the amount of $5,000. The petitioner will be responsible for all costs incurred by the city. The petitioner is then responsible for serving notice to all property owners including the association. The council then conducts a hearing on the cartway to hear from all interested parties. Following completion of the hearing the council makes the final decision on the location of the cartway and damages, if any. Damages may include compensation to the land owner(s), costs and expenses incurred by the city, and annual maintenance costs. Because the road is already in place no construction is necessary. However the council if so established may designate the cartway as a private driveway for which no City funds will be extended. The Council's decision on the damages is to be filed with the City Clerk, who then has seven days to notify the petitioner. A certified copy of the Council's order establishing the cartway must be filed with the County Recorder. The Council's decision may be appealed within 30 days to the district court. Resolution No. 12 -29 sets the date for the hearing on April 23, 2012. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -29 Calling for a hearing to establish a cartway. ATTACHMENTS 1. Resolution No. 12 -29 2. Location Map 2 Petition to Establish Cartway General Location Map Aerial Photo Flown Spring 2011 Prepared SI. Awoke Cawley G15 Department .,. ...oee... • bey . isr.. •■■• MNS4.. ■■••■• r..r,+rem. Julie Bartell rom: Mike Burgett <dmichaelb @anburlaw.com> nt: Monday, March 12, 2012 10:16 AM Julie Bartell Cc: Michael Grochala Subject: RE: Adam Johnson Cartway Matter Thank you for the update - I will pass this information along to Adam. Mike D. Michael Burgett ANDERSON & BURGETT, PLLC 416 6th Street SW Willmar, Minnesota 56201 (320) 235 -3171 (320) 235 -5378 (fax) www.anburlaw.com From: Julie Bartell [Julie .bartell @ci.lino- Iakes.mn.us] Sent: Monday, March 12, 2012 10:09 AM To: Mike Burgett Cc: Michael Grochala Subject: RE: Adam Johnson Cartway Matter Mr. Burgett, litter discussing the process for a cartway easement with the city attorney, I can inform you that at this time the intent is for the city council to take initial action at their regular meeting on March 26, 2012. The initial action would be to set a hearing for later in April. The staff contact for this matter is Community Development Director Michael Grochala (michael.grochala@ci.lino- lakes.mn.us) if you have any questions. Would you be informing Adam Johnson on this or should we be in contact with him also? Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651-982-2406 651- 982 -2499 fax ju/ /e. bartellaci./ino- lakes.mn. us From: Mike Burgett fmailto :dmichaelb©aanburlaw.com] Sent: Monday, March 12, 2012 9:21 AM To: Julie Bartell Subject: Adam Johnson Cartway Matter 0-Iello Ms. Bartell, 1 I assisted Adam Johnson with the preliminary work associated with his petition for the establishment of a cartway easement. I believe he filed that with you a month or so ago. He and I connected on the matter a week ago, at which time he indicated that there had not been any activity on his petition yet. •ouple of things -- Can you provide me with an update regarding the status of the petition? Is there anything I can provide you or the City with to assist in this matter? I appreciate your time on this matter. Best Regards, Mike Burgett D. Michael Burgett ANDERSON & BURGETT, PLLC 416 6th Street SW Willmar, Minnesota 56201 (320) 235 -3171 (320) 235 -5378 (fax) www.anburlaw.com • 2