HomeMy WebLinkAbout2012-059 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 12 -59
ESTABLISHING A CARTWAY — OAK BROOK PENINSULA
WHEREAS, Petitioner Adam C. Johnson petitioned for a cartway pursuant to
Minnesota Statutes section 435.37; and
WHEREAS, the Council passed Resolution 12 -29 calling for a hearing on the
Petition, which hearing took place on July 9, 2012; and
WHEREAS, the Council received evidence offered by Petitioner and the affected
landowners and has adhered to the statutory requirements for establishing a cartway.
NOW, THEREFORE, BE IT RESOLVED that, based upon the evidence in the
record, the Council makes the following findings of fact and conclusions:
Findings of Fact
1. All affected landowners were served with the Petition, which was also posted at
City Hall.
2. Petitioner resides at 2055 Otter Lake Drive in Lino Lakes.
3. Petitioner owns a tract of land containing at least five acres, the legal description
of which is attached hereto as Exhibit A ( "the Land ").
4. The Land is abutted on the west by a channel leading to Otter Lake and on all
other sides by lands not owned by Petitioner.
a. The channel is man-made and was constructed to provide boat access to
Otter Lake from a number of parcels, including Petitioner's residence. The
channel separates Petitioner's residence from the Land.
b. According to Anoka County GIS, the channel is approximately 25 -30 feet
wide where it runs between Petitioner's two parcels.
c. The existing private bridge over the channel was built instead of a culvert
for the express purpose of allowing boat access to Otter Lake via the
channel.
d. The channel's depth varies from year to year, but it was designed to be
navigable and was in fact previously navigated by boat.
5. An existing private drive extends from the eastern terminus of Otter Lake Drive
along the entire southern boundary of the Land. The private drive is Outlot A of
Oak Brook Peninsula and is owned by the Oak Brook Peninsula Homeowners
Association (the "HOA ").
6. The private drive can serve as the cartway for purposes of accessing the Land.
7. It is reasonable to utilize the existing paved portion (which is two rods wide) of
the private drive for the cartway, beginning at the eastern terminus of Otter Lake
Drive and extending eastward 369 feet as shown on the survey attached hereto as
Exhibit B. In addition, to provide reasonable access from the north edge of the
existing paved drive north to the southern boundary of the Land, the cartway is to
include a portion of Outlot A 33 feet in width as shown on Exhibit B. The cartway
constitutes 9.27% of the existing paved driveway.
8. The City has incurred costs and expenses in connection with these cartway
proceedings. Petitioner escrowed $7,500 to apply to the City's costs. Any costs
incurred over and above that amount shall be paid by Petitioner.
9. Petitioner intends to use the cartway for the following purposes:
a. Occasionally accessing the Land with residential lawn maintenance
equipment; and
b. Occasionally accessing the Land with normal residential vehicles.
10. The Land is not to be used for commercial purposes or any other purpose contrary
to City ordinances.
11. As the owner of Outlot A, the HOA will incur the following damages as a result of
the creation of the cartway:
a. Damage to the underlying land: $ 1,014.75
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b. Damage to the existing improvements: $ 50,639.00
12. It is not appropriate for the City to maintain the cartway given its private usage.
The cost of maintenance must be equitably divided between the HOA and
Petitioner based on factors such as:
a. Frequency of use.
b. Type and weight of vehicles or equipment.
c. Distance traveled on the cartway to Petitioner's property.
13. The City finds that:
a. Petitioner's use will be sporadic and infrequent. The HOA members will
continue to use the private drive as a residential street for access to their
homes.
b. Residential vehicles and lawn maintenance equipment will be utilized by
Petitioner. The HOA members will cause typical residential traffic to occur
on the private drive.
c. The distance traveled over Outlot A for the cartway is less than half the
distance of the existing private drive.
d. The HOA' s costs for maintaining the private bridge and road vary from
year to year, depending upon the type of maintenance required.
Conclusions
1. Petitioner owns a tract of land containing at least five acres that is accessible only
by a water channel or over the lands of others.
2. The channel is a navigable waterway.
3. Because of its size, there is no practicable access across the channel in the absence
of a bridge.
4. Petitioner has met the statutory requirements for establishing a cartway in order to
obtain access to the Land.
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
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Calculator. Damages, as adjusted for inflation, if applicable, shall be paid within
10 years of the filing of the award. In the event said damages are not paid within
that period, the establishment of this cartway pursuant to this Resolution shall be
null and void.
Adopted by the Council of the City of Lino Lakes this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Rafferty and duly seconded by Council Member Stoesz and upon vote being
taken, the following voted in favor:
Rafferty, Stoesz, Roeser, Reinert
And the following voted against:
O'Donnell
Jeff Reinert, Mayor
ATTEST: Julianne Bartell, City Clerk
Calculator. Damages, as adjusted for inflation, if applicable, shall be paid within
10 years of the filing of the award. In the event said damages are not paid within
that period, the establishment of this cartway pursuant to this Resolution shall be
null and void.
Adopted by the Council of the City of Lino Lakes this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Rafferty and duly seconded by Council Member Stoesz and upon vote being
taken, the following voted in favor:
Rafferty, Stoesz, Roeser, Reinert
And the following voted against:
O'Donnell
AT:
Julianne Bartell, City Clerk
5
Jeff Reinert, Mayor
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EXHIBIT A
That part of Outlot B, 011hR 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 comer 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 3,
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, 0'1 1'ER 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 PM Number 36- 31 -22 -32 -0002. Both PID Numbers are located on the east
side of the ChanneL ?ID Number 36- 31 -22 -23 -0021 is legally described as totiows:
That part of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's
certificate filled 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
LINE THEREOF (SD S LATE HAS AN ASSD BRG OF S 89 DEG 06 MIN 58
SEC E), TH N 0 DEG 53 MTN 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 ALGA TAN CUR
CONCTO SW HAV A CEN ANG OF 50 DEG 16 MIN &A RAD OF 106.58
FT, THS38 DEG 58MIN24 SEC E TAN TOSD CUR 109 .17 FT, THSELY
136.39 FT ALGA 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 LATE THERE TERM, SUBI
TO EASE OF REC.
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EXHIBIT B
A cartway 33 feet in width over and across Outlot A, OAK BROOK PENINSULA,
Anoka County, Minnesota. The centerline of said cartway is described as commencing
at the northwest corner of said Outlot A; thence on an assumed bearing of South 89
degrees 14 minutes 24 seconds East, along the northerly line of said Outlot A, a distance
of 29.86 feet; thence southeasterly 119.82 feet along the northerly line of said Outlot A
along a tangential curve concave to the southwest with a radius of 136.58 feet and an
included angle of 50 degrees 16 minutes 00 seconds; thence South 38 degrees 58 minutes
24 seconds East tangent to the last described curve along the northerly line of said
Outlot A a distance of 109.17 feet; thence southeasterly 120.54 feet along the northerly
line of said Outlot A along a tangential curve concave to the northeast with a radius of
228.19 feet and an included angle of 30 degrees 16 minutes 00 seconds; thence South 69
degrees 14 minutes 24 seconds East tangent to the last described curve along the
northerly line of said Outlot A 33.44 feet to the point of beginning of the centerline to be
described; thence South 20 degrees 45 minutes 36 seconds West a distance of 21.05 feet;
thence North 69 degrees 17 minutes 57 seconds West a distance of 58.58 feet; thence
northwesterly 115.93 feet along a tangential curve concave to the northeast with a
radius of 220.00 feet and an included angle of 30 degrees 11 minutes 32 seconds; thence
North 39 degrees 06 minutes 24 seconds West tangent to the last described curve a
distance of 104.40 feet; thence westerly 90.09 feet along a tangential curve concave to the
southwest with a radius of 103.00 feet and an included angle of 50 degrees 07 minutes
02 seconds; thence North 89 degrees 13 minutes 26 seconds West tangent to the last
described curve a distance of 14.17 feet to the westerly line of said Outlot A, also know
as the easterly line of Otter Lake Drive, and said centerline there terminating. The side
lines of said easement are to be prolonged or shortened to terminate at the westerly and
northerly lines of said Outlot A.
• CITY'S O__F
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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.
If you have any questions about the contents of this letter, please feel free to give me a
call.
ulie Bartel
City Clerk
Enc. Resolution 12 -59
cc: Chris Johnson, Esq. (w /enc)
Joseph M. Barnett, Esq. (w /enc)
Joseph Langel, Esq. (w /enc)
Michael Grochala
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SKETCH AND DESCRIPTION
-for- ADAM JOHNSON
-of- PROPOSED CARTWAY
PROPOSED CARTWAY DESCRIPTION:
A cortway 33 feet in width over and across Outlot A, OAK BROOK PENINSULA,
Anoka County, Minnesota. The centerline of said cortway is described as
commencing at the northwest corner of said Outlet A; thence on an assumed
bearing of South 89 degrees 14 minutes 24 seconds East, along the northerly
line of said Outlot A, a distance of 29.86 feet; thence southeasterly 119.82 feet
along the northerly line of said Outlot A along a tongential curve concave to the
southwest with a radius of 136.58 feet and an included angle of 50 degrees 16
minutes 00 seconds; thence South 38 degrees 58 minutes 24 seconds East
tangent to the last described curve along the northerly line of said Outlot A a
distance of 109.17 feet; thence southeasterly 120.54 feet along the northerly line
of said Outlot A along a tangential curve concave to the northeast with a radius
of 228.19 feet and an included angle of 30 degrees 16 minutes 00 seconds;
thence South 69 degrees 14 minutes 24 seconds East tangent to the last
described curve along the northerly line of said Outlet A 33.44 feet to the point
of beginning of the centerline to be described; thence South 20 degrees 45
minutes 36 seconds West a distance of 21.05 feet; thence North 69 degrees 17
minutes 57 seconds West a distance of 58.58 feet; thence northwesterly 115.93
feet along a tangential curve concave to the northeast with a radius of 220.00
feet and an included angle of 30 degrees 11 minutes 32 seconds; thence North
39 degrees 06 minutes 24 seconds West tangent to the last described curve a
distance of 104.40 feet; thence westerly 90.09 feet along a tangential curve
concave to the southwest with a radius of 103.00 feet and an included angle of
50 degrees 07 minutes 02 seconds; thence North 89 degrees 13 minutes 26
seconds West tangent to the last described curve o distance of 14.17 feet to the
westerly line of said Outlot A, also know as the easterly line of Otter Lake Drive,
and said centerline there terminating. The side lines of said easement are to be
prolonged or shortened to terminate at the westerly and northerly lines of said
Outlot A.
LEGEND
DENOTES PROPOSED CARTWAY EASEMENT (AREA = 13,367 SQ FT)
NOTES
- Field survey was completed by E.G. Rud and Sons, Inc. on 09/20/12.
- Bearings shown are on an assumed datum.
- Curb shots are taken at the top and back of curb.
E. G. RUD & SONS, INC.
X197 Professional Land Surveyors
W\NIN•eg ',icon, 6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel. (651) 361 -8200 Fax (651) 361 -8701
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I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that I am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
JA UD
Date: 11 -21 -12
License No. 41578
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11 -21 -12
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