08/08/2011 Council Packet - Laserfiche WebLink

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City Benefits: • Safety provided to homeowners children. • Easier access to easement than attempting with homeowners alternative plan to create natural barrier (trees /shrubs). • Satisfaction in working with community members to successfully coordinate mutually agreeable solutions that maintain city policy regarding need for both efficient and full access to easement. • Satisfied community members, to include neighbors who are interested and invested in seeing both open and favorable response from City. Homeowner Benefits: • Safety provided to homeowners children. • Full use of property (15 feet in from property line cuts homeowner off from the use of a significant amount of property as well as looks aesthetically awkward.) • Satisfaction and faith in appointed members of community governing body. • Interest and investment in remaining occupants and positive contributing members of the Lino Lakes community. Agreements: • Homeowner agrees to remove the fence or portion thereof for the purpose of utilizing the easement at home owner's expense. o Fence will be constructed in 8 foot sections. o Fence portions will be attached via easily removed screws. Estimated time required for removal: 15 minutes /section. • Homeowner agrees to installation of gates in affected area to afford additional reasonable and convenient access. • Homeowner agrees to the following before entering into purchase agreement with any potential buyer: o Provide full disclosure regarding owner obligation to assume all financial responsibility associated with fence removal should there be a need for any routine or emergency access on the easement in the future. • The encroachment agreement shall become a part of the property record and apply to all present and future property owners. The placement of the approved structure or other encroachment shall be located in accordance with the Certificate of Survey. o Removal of fence if future homeowner does not agree to assume all financial responsibility associated with previous bullet. Considerations: • Frequency of emergency access needs: several neighbors original to development to include original owner on shared easement have no recollection of any need to date for routine maintenance or emergency service requiring large machinery or digging (development is approximately 18 years old). • Neighboring communities successfully manage easement access by granting similar encroachment agreements specific to the installation of removable fences. • Homeowner's commitment to abiding by any mutually agreeable solution.