Agenda - Council - 03/12/2013 - Laserfiche WebLink

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Waive the standard application fee and a portion of the required escrow fee. This option, which Staff recommends, seems most reasonable. Regardless of whether the existence of this easement was discovered during the initial Site Plan review process (by either the City or the Applicant) or at some later date, there are still certain hard costs incurred to vacate it. Specifically, the hard costs associated with vacating an easement relate to the Public Hearing (publishing the notice in the local paper [460.00] and postage for mailings [—$10.001) and recording fees (—$50.00). The City could assume responsibility for the soft costs incurred while processing this request, which would principally be staff time. It should be noted that this same street and utility easement extends across Lot 2 Block 1 Park 67 Industrial Park, which is owned by Park 67, LLC. Staff will be attempting to contact that property owner as well regarding this matter. If there are no encroachments, then that property owner may choose whether they would prefer to have this easement vacated (would be beneficial in 'cleaning up' the title work if nothing else). However, if there are any encroachments, such as with structures and/or parking, the easement would need to be vacated. Staff believes that whatever action is given by City Council regarding Mr. Sharp's request to waive fees should also be applicable to Lot 2 as well. Recommendation: Staff would recommend waiving the standard application fee and a portion of the standard escrow fee for processing an Easement Vacation. The collected escrow would be used for all costs the City is charged for including, but not necessarily limited to, publishing a Notice of Public Hearing in the Anoka Union newspaper, postage for the Public Hearing mailings to properties within 350 feet of the Subject Property, and the recording fee to record the Ordinance, assuming it is ultimately approved by City Council. Funding Source: The request to consider waiving fees is being handled as part of regular Staff duties. Council Action: Motion to waive the standard application fee and half of the required escrow fee for an Easement Vacation request, requiring that the Applicant pay for all hard costs incurred by the City including, but not limited to, public hearing fees, mailing fees, copying charges, and recording fees, but not require the Applicant to be charged for City Staff time to process the request. Attachments Site Location Map Easement Exhibit Quit Claim Deed Form Review Inbox Reviewed By Date Tim Gladhill Tim Gladhill 03/05/2013 02:33 PM Kurt Ulrich Kurt Ulrich 03/06/2013 03:42 PM Form Started By: Chris Anderson Started On: 03/01/2013 03:19 PM Final Approval Date: 03/06/2013