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ARDEN HILLS PLANNING COMMISSION — AUGUST 6, 2008 2 Ms. Beekman showed an aerial of the property and pointed out that that the rezoning is the portion that requires a hearing and the bold line is the new property line. She also showed the proposed Certificate of Survey and some photos. Commissioner Holewa inquired why this did not require two motions. Ms. Beekman replied that it was because they are contingent on each other. Commissioner Holewa inquired as to how they would proceed today if something was encroaching on City land. Ms. Beekman replied that it would depend on the property owner. She stated that, in this case, the property owner is willing to cooperate with the City. Commissioner Holewa stated that, in this case, it is a foreclosure. He inquired whether a new buyer would know this is in existence when they bought it. Ms. Beekman replied that the information regarding the legal settlement would not necessarily be attached to the deed of the property, but a new survey would be recorded with the deed and the County and show the new property lines. Commissioner Holewa inquired as to how they would protect the new owner. Chair Larson replied that there is usually a title search and title insurance to protect the new owner. He stated that, if it was private property the encroachment was on, it could be a different situation. Commissioner Holewa inquired whether the new owner would be on the hook for $25,000 if the property owner sold it. Ms. Beekman replied that it was her understanding that that would be made clear through the title insurance. Chair Larson stated that if the legal settlement was not settled them this would be considered a "cloud" on the title. Ms. Beekman stated that the City attempted to negotiate with the original property owner and do civil negotiations. She stated that, at that time, the property changed owners. The City reopened the negotiations, but was not successful. At that point, legal action was taken. After a year, the property went into foreclosure. Commissioner Holewa inquired whether the new buyer knew anything about it when he bought it. Ms. Beekman replied that she did not have that information. Chair Larson opened the Public Hearing at 6:43 p.m. and inquired whether anyone wishing to speak regarding this case. There was no response. Chair Larson closed the Public Hearing 6:44 p.m. Chair Larson and asked the Commission if they had any further discussion or questions.