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Agenda - Council - 10/12/2021
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Agenda - Council - 10/12/2021
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11/4/2021 9:56:44 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/12/2021
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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 <br />width; <br />c. What damages, if any, must the Petitioner pay to affected landowners for the <br />establishment of the cartway; <br />d. What other damages have been incurred or likely will be incurred by the City <br />in connection with the establishment of the cartway; and <br />e. Any other issue or matter that might relate to the cartway petition. <br />3. The Petitioner shall: <br />a. Cause personal service of this Order and the Cartway Petition to be made <br />upon each owner and occupant of land over which or adjacent to which the <br />proposed cartway would pass, and upon each person whose land would be <br />reasonably expected to be affected by the establishment of the proposed <br />cartway; <br />b. Post a copy of this Order and the Cartway Petition at the City's posting places; <br />c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; <br />and <br />d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — <br />(c) have been accomplished. <br />e. Escrow $20,000 with the City to cover the City's costs and expenses pursuant <br />to Minnesota Statute section 435.37, subdivision 1(c). No further action by <br />the City, including the hearing, shall occur until the escrow is in place. <br />4. The proposed cartway, if approved, will be a private access/road. It is not in the <br />public's interest to expend public funds on the cartway or to make the cartway into a <br />public access/road. <br />5. All persons who wish to be heard on any of these issues identified above, or of any <br />other issue or matter relating to the Cartway Petition, should appear at the hearing and <br />be prepared to offer or present any testimony, evidence, opinions, or views that they <br />may have. <br />6. Affected landowners are hereby notified, pursuant to Minnesota Statute 164.07, subd. <br />2, that they are entitled to judicial review if the cartway is established, but that to do <br />so they must follow all of the procedures set forth in Minnesota Statute Section <br />164.07, subd. 7, including but not limited to serving and filing a notice of appeal <br />Resolution #21-291 <br />Page 2 of 4 <br />
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