09-12-2012 Council Agenda - Laserfiche WebLink

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from our staff or the City direct the homeowner to remove or dismantle the landscaping features. Two Contractors responded to our request and the quoted costs were $10,000 and $7,500. At this time we believe the landscape features within the new easement area have been fully removed by the property owner. Some of the features have been moved to other areas of the property and some have been only salvaged and not reinstalled at this time. Summary of Facts 1. The revised alignment and therefore new easement is being proposed to protect an existing private backyard building and more extensive landscaping features within the existing easement area. 2. It is the City Attorney's position that the City is not responsible for removal of the private improvements within the existing easement or their replacement if they must be removed. The fact that a City building permit was issued for the backyard building that now exists in the easement does not change this fact. The homeowner is responsible for knowing the existence and location of easements on their property. 3. The homeowner has requested compensation of $15,000 for the landscape features and in return the City will not have to remove or replace the features. 4. Contractor quotes obtained by staff, based on pictures and a written description of the features, range from $7,500 to $10,000 for the removal and replacement of the features. 5. It has typically been the City's practice to work cooperatively with homeowners on projects that are adjacent to their homes regardless of if the project is within the street right -of -way or utility easement areas. A similar situation to consider could be the replacement of trees along the Desai property on Dianna Lane. While all the trees removed were within the existing street right -of -way or easement area the City Council did authorize the expenditure of up to $2,500 for tree replacement on that property. 6. The property owner has salvaged all the landscaping features within the proposed easement area without any direction from City. Conclusion Based on the fact that the property owner has removed or relocated the landscaping features within the new easement area that has been discussed leads us to believe that he is willing to work with the City on the easement swap. It is possible that he will grant the easement without any compensation, but he has made a request for some compensation for the landscaping features that would have been impacted if he had not removed them. To deal with the property owner in good faith we feel a decision on the request for compensation should be responded to prior to execution of any easements. We would ask for direction from City Council on what if any compensation is appropriate given this very unique situation. If you have any questions concerning this information, please call me at (763) 780 -0450. 10062 Flanders Court NE — Blaine, MN 55449 — Ph: (763) 780 -0450 Fax (763) 780 -0452 Memo - 090612 -CC (Easement Conflict update)