WHEREAS, the Dunn Township (“Town”) board of supervisors (“Town Board”) adopted Resolution No. 2017-07 “Issuing an Order Setting Forth an Initial Descriptions and Setting a Hearing Date” attached hereto as Exhibit A (the “Order”), which set a hearing date in response to a petition received from Rodney J. Spidahl (“Petitioner”) request- ing the establishment of a cartway pursuant to Minnesota Statutes, section 164.08, subdivision 2 to provide access to Petitioners’ property (PID 17000100127000) located in the E 1/2 of the NW 1/4 of the SE 1/4, of Section 10, Township 137, Range 42, Otter Tail, Minnesota, which contains approximately 15 acres (“Property”);

WHEREAS, the Order set a hearing date for November 15, 2017;

WHEREAS, the Petitioner was required to serve a copy of the Order on to property owners affected by the cartway, as listed in the Order, (“Affected Owners”) within 10 days of the hearing; WHEREAS, the Petitioner was unable to provide timely service to the Affected Owners;

WHEREAS, as a result, the Town Board is required to set a new hearing date for the Petitioner’s request for a cartway.

NOW, THEREFORE, IT IS HEREBY ORDERED that:

1. The Town Board will conduct a hearing at 3:00 p.m. on the 8th day of January, 2018 at the Dunn Town Hall located at 47979 East Lake Lizzie Road, Pelican Rapids, MN and then proceed to the site of the proposed cartway, starting where County Road 31 meets Routes A and B, and then moving to Route C, to examine the routes from the Petitioner, 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, and then will reconvene the hearing immediately following the site inspection to receive additional public comment, consider the proposed cartway, and to possible act preliminarily on the petition.

2. The Petitioner shall be responsible for serving this Amended Order on the Affected Owners as detailed in the Order, and on each person whose land would reasonably be expected to be affected by the establishment of the proposed cartway given the fact that the Town Board may select an alternative route, at least 10 days before the date of the hearing and must provide the Town Board 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 any other owners of property that could reasonably be crossed by a cartway to provide access to the Property, including those listed in the Order. Failure to provide notice to the Affected Owners or others that may be affected if an alternative route is  elected will delay the process until notice is provided and may require portions of the process to be repeated.

3. All terms and conditions of the original Order remain enforceable, with only the date of the Order being changed by this Amended Order.

4. The Town Clerk is hereby authorized and directed to, at least 10 days prior to the date of the hearing, publish notice of the hearing once in the Town’s official newspaper, and post this Order at the Town’s posting places.

NOTICE OF RIGHT TO APPEAL

Affected Landowner has right of appeal as provided in Minnesota Statutes, section 164.07, subdivision 7 to seek judicial review of this matter if the Town Board does establish the cartway. Adopted this 15th day of November, 2017.

BY THE TOWN BOARD
David L. johnson,
Town Board Chairperson
Attest: Michael Johnson,
Deputy Town Clerk
12-27-2-c

ATTEST: Danielle Heaton,
City Clerk-Treasurer
SIGNED: Brent E. Frazier,
Mayor
8-17-c