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East a distance of 30.63 feet; thence North 00 degrees 51 minutes 94 seconds East a <br />distance of 81.90 feet to the North line of said Parcel; thence westerly along said North line <br />of said Parcel to the point of beginning. <br /> <br />and <br /> <br /> WHEREAS, Minnesota Statute 435.37, subd. 1(a), requires a city council to establish a <br />cartway at least two rods wide connecting a petitioner’s land to a public road if a petition is <br />presented by the owner of a tract of land containing at least five acres who has no access thereto <br />except over lands of others; and <br /> <br /> WHEREAS, Minnesota Statute 435.37, subd. 1(b), says that the city council may select <br />an alternate route other than that petitioned for if the alternate route is deemed by the city council <br />to be less disruptive and less damaging to the affected landowners and in the public’s best interest; <br />and <br /> <br /> WHEREAS, Minnesota Statute 435.37, subd. 1(c), states that the amount of damages <br />must be paid by the petitioner to the city before the cartway is opened. For the purposes of <br />said subdivision, damages means (1) the compensation (if any) awarded to the owner of the <br />land upon which the cartway is established and (2) the costs of professional and other <br />services, hearing costs, administrative costs, recording costs, and other costs and expenses <br />that the city may incur in connection with the proceedings for the establishment of the <br />cartway. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, pursuant to Minnesota <br />Statutes 435.37 and 164.07, as follows: <br /> <br />1) A hearing upon the attached Cartway Petition shall be held at the City Hall in the <br /> City of Ramsey on December 14, 2021, at 7:00 p.m. <br /> <br />2) The purpose of the hearing shall include, but is not limited to, determining: <br /> <br />a. Whether the Petitioner is entitled to a cartway under Section 435.37, subd. 1(a); <br /> <br />b. If so, whether the cartway should be located where requested and to the width <br />requested, or whether it should be located at an alternate route or of a different width; <br /> <br />c. What damages, if any, must the Petitioner pay to affected landowners for the <br />establishment of the cartway; <br /> <br />d. What other damages have been incurred or likely will be incurred by the City in <br />connection with the establishment of the cartway; and <br /> <br />e. Any other issue or matter that might relate to the cartway petition. <br /> <br />Resolution #21-291 <br />Page 2 of 4 <br /> <br />