HomeMy WebLinkAboutResolution No. 143-23 - Resolution - Neeser Higgins Petition for Establishment of a ‘Cartway” to Access Landlocked Property
RESOLUTION
Approving Initial Parcel Descriptions and Setting a Public Hearing Relating to the
Petition from Gwen Neeser and Robert Higgins for Establishment of a ‘Cartway” for
the Purpose of Accessing Landlocked Property.
WHEREAS, the Common Council of the City of Rochester received a Petition (“Petition”),
from Gwen Neeser and Robert Higgins (“Petitioners”) requesting the establishment of a
cartway from their property, containing approximately 5 acres of land (“Property”), to a
public road, pursuant to Minnesota Statutes §435.37. The Property’s land is legally
described as follows:
Beginning at a point 507 feet west and 299 feet south of the northeast corner
of the Southeast Quarter (SE ¼) of Section Thirty-five (35), Township One
Hundred Six (106), Range Fourteen (14), thence South 316 feet, thence west
1373 feet to the center of Highway 63, thence north 8°30’ west 322 feet,
thence east 1421 feet to the place of beginning, Olmsted County, Minnesota,
containing 10.03 acres more of less. Excepting a part of the Southeast
Quarter (SE ¼) of Section Thirty-five (35), Township One Hundred Six (106)
North, Range Fourteen (14) West, described as follows: Commencing at the
northeast corner of said Southeast Quarter (SE ¼), thence west along the
north line of said Southeast Quarter (SE ¼) a distance of 507.0 feet, thence
south parallel with the east line of said Southeast Quarter (SE ¼) a distance
of 299.0 feet, thence west parallel with the north line of said Southeast Quarter
(SE ¼) a distance of 1101.41 feet for a point of beginning, thence south at
right angles a distance of 208.0 feet, thence west at right angles a distance of
127.0 feet, thence south at right angles a distance of 108.0 feet, thence west
at right angles a distance of 46.0 feet to a point in the easterly right of way line
of trunk highway No. 63 and said point being on a curve whose radius is
3039.79 feet, and whose chord is at a deflection angle of 79°39’ to the right
from the previous described course, thence northwesterly, deflecting to the
left, along said curve a distance of 321.21 feet, thence east parallel with the
north line of said Southeast Quarter (SE ¼) a distance of 230.71 feet to the
point of beginning. And the most southerly 108.0 feet thereof being subject to
an easement for egress and ingress by pedestrian and vehicular travel by
others.
Parcel ID: 643542045404
WHEREAS, the land has no established access to it except over a navigable waterway,
over the lands of others; and
WHEREAS, the route for the cartway requested by the Petitioners, which is described in the
Petition, would be established over the following adjacent property:
SECT-35 TWP-106 RANGE-014
CITY LANDS 106-14-35
COM AT A PT 507 FT W & 615 FT S
OF NECOR SE ¼ FOR PT OF BEG
TH S 320 FT TH W1360 FT TO CEN
T.H. NO 63 THN NWLY 320.5 FT TH
E1373 FT TO PT OF BEG ALSO COM
AT A PT 935 FT S & 1668.52 FT W
OF NECOR SE ¼ TH S 74.02 FT TH
NWLY TO E R-O-W T.H. NO 63 TH
NLY AL SD R-O-W TO A PT 935 FT
S OF N LINE SE ¼ TH E TO BEG
LESS COM AT A PT 935 FT S &
1203 FT W OF NECOR SE ¼ TH
N 127 FT TH W 465.52 FT TH
S 125.09 FT TH E TO BEG ALSO
LESS TH PT LYING IN NE ¼
SE ¼ ALSO LESS TH N123 FT
LYING W OF THE ELY 1061.4 FT OF
FOL DES PARCEL BEG AT A PT
507 FT W & 615 FT S OF NECOR
SE ¼ TH S320 FT TH W 1360 FT TO
CEN LINE HWY 63 TH N 320.5 FT TH
E 1373 FT TO PT OF BEG
Parcel ID: 613542053338; and
WHEREAS, the requested route crosses property owned by Bill B. Buck and Emily Buck,
(“Affected Owners”); and
WHEREAS, the Petitioners seek to establish legal access that is at least 33 feet wide to a
tract of property that is landlocked; and
WHEREAS, petitioners are requesting the establishment of a cartway connecting property
to the public road known as Quarve Road SE; and
WHEREAS, the petition appears to contain sufficient information to be considered complete
under the statute; and
WHEREAS, pursuant to Minnesota Statutes § 435.37, the petitioners are responsible for
damages related to the cartway; and
WHEREAS, these damages “means the compensation, if any awarded to the owner of the
land upon which the cartway is established together with the cost of professional and other
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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, Minnesota Statutes § 435.37, subd. 1(e) states “\[t\]he city council may by
resolution require the petitioner to post a bond or other security acceptable to the city council
for the total estimated damages before the city council takes action on the petition” ; and
WHEREAS, the City Council, considering costs such as attorney fees, surveyor fees,
appraiser fees, property costs, recording fees, hearing costs, and other administrative costs,
determines the total estimated damages and costs associated with the establishment of the
petitioned for cartway is $30,000; and
WHEREAS, Minnesota Statutes § 435.37, requires the Common Council to make an order
describing as nearly as practicable the cartway to be established, describing the tracts of
land through which the cartway passes, and fixing a time and place when and where the
Common Council will meet to act upon the Petition.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
MN that the Council issues the following Order in response to the petition:
1. The tract of land through which the proposed cartway passed and the owners of said
tract of land are identified above as Affected Owner.
2. The Common Council will conduct a site visit on July 17, 2023, during a scheduled
council city tour to review the physical features of the proposed cartway route and to
evaluate any proposed alternative routes.
3. The Common Council will conduct a public hearing at 7:00 p.m. on July 24, 2023, during
the regularly scheduled council meeting to hear from the Petitioners, the Affected
Owners, and any other interested parties as to any physical features they would like to
point out as well as any proposed alternative routes. The Common Council will consider
the proposed cartway, and whether to possibly act preliminarily on the Petition.
4. The Petitioners Gwen Neeser and Robert Higgins, must post a certified or personal
check or other security acceptable to the city council, in the amount of $30,000.00 which
is the estimated costs and damages associated with establishing the proposed cartway,
with the City Council before it will take any action on the petition.
5. The City Council may, by resolution, require further security be posted by Petitioners if
and when actual cost or damage amounts should exceed estimates before the City
Council will take further action on the petition.
6. The Petitioners shall be responsible for serving this Order on the Affected Owners, and
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on each person whose land would reasonably be expected to be affected by the
establishment of the proposed cartway given the fact that the Common Council may
select an alternative route, at least 10 days before the date of the hearing and must
provide the Common Council an affidavit of service as proof of having provided the
required notice. In this case, the additional owners to be notified include, but are not
limited to, those owning property adjacent to the Petitioner’s Property and those owning
property adjacent to the Affected Owner’s property and any other owners of property
that could reasonably be crossed by a cartway to provide access to the Property. Failure
to provide notice to the Affected Owners or others that may be affected should an
alternative route is selected, will delay the process until notice is provided and may
require portions of the process to be repeated.
7. The City Clerk or their assigned is hereby authorized and directed to publish notice of
the hearing once in the City’s official newspaper at least 10 days prior to the date of the
hearing, and post the hearing notification on the City’s official notification webpage.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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