Resolution - #22-113 - 06/14/2022

Home

distance of 81.90 feet to the North line of said Parcel;thence westerly along said North line of said Parcel to the point of beginning. 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), states 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; and WHEREAS, pursuant to Ramsey City Council Resolution 421-291, adopted on October 12, 2021, a route for the petitioned cartway access to Thorn Lake property PID 404-32-25-31-0001 was designated using the alternate route through Shawn Acres Park, and a Public Hearing was ordered for December 14, 2021, at 7:00 pm, and WHEREAS, pursuant to Ramsey City Council Resolution 421-316, adopted on November 9, 2021, the Public Hearing was rescheduled at the request of the petitioner to February 8, 2022, at 7:00 pm for the purpose of allowing the petitioner to attend the hearing and to provide additional time for the petitioner to serve required hearing notices, and WHEREAS, on February 2, 2022, the petitioner submitted notarized affidavits to the City verifying that the required Public Hearing notices were delivered to all parties within the required timelines and provided an escrow payment of$20,000 to cover the City's costs and expenses related to their petition request, and WHEREAS,the petitioner posted Public Hearing notices at the City's posting places within the required timelines, and WHEREAS, pursuant to Ramsey City Council Resolution 422-039, adopted on February 8, 2022, the Ramsey City Council held a Public Hearing for the purpose of receiving public testimony, evidence, opinions, or views, and approved Route 2 as the designated cartway route at a width of 33-feet. Resolution#22-113 Page 2 of 3