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3) The Petitioner shall: <br /> <br />a. Cause personal service of this Order and the Cartway Petition to be made upon each <br />owner and occupant of land over which or adjacent to which the proposed cartway <br />would pass, and upon each person whose land would be reasonably expected to be <br />affected by the establishment of the proposed cartway; <br /> <br />b. Post a copy of this Order and the Cartway Petition at the City’s posting places; <br /> <br />c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and <br /> <br />d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) – (c) have <br />been accomplished. <br /> <br />e. Escrow $20,000 with the City to cover the City’s costs and expenses pursuant to <br />Minnesota Statute section 435.37, subdivision 1(c). No further action by the City, <br />including the hearing, shall occur until the escrow is in place. <br /> <br />4) All persons who wish to be heard on any of these issues identified above, or of any other <br />issue or matter relating to the Cartway Petition, should appear at the hearing and be <br />prepared to offer or present any testimony, evidence, opinions, or views that they may have. <br /> <br />5) Affected landowners are hereby notified, pursuant to Minnesota Statute 164.07, subd. 2, <br />that they are entitled to judicial review of damages, need and purpose if the cartway is <br />established, but that to do so they must follow all of the procedures set forth in Minnesota <br />Statute Section 164.07, subd. 7, including but not limited to serving and filing a notice of <br />appeal within 40 days after the filing of the award of damages, and within ten days after <br />the filing of the award of damages if they wish to delay the opening of the cartway, together <br />with an approved bond of not less than $250. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Riley, and upon vote being taken thereon, the following voted in favor thereof: <br /> <br /> Mayor Kuzma <br /> Councilmember Musgrove <br /> Councilmember Riley <br /> Councilmember Heineman <br /> Councilmember Howell <br /> Councilmember Specht <br /> Councilmember Wostehoff <br /> <br />and the following voted against the same: <br /> <br /> None <br /> <br /> <br />Resolution #21-291 <br />Page 3 of 4 <br /> <br />