4E, Ordering Abatement at 3223 Lake Johanna Blvd.

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The property owner would like to move forward on the abatement and therefore, the City Attorney has drafted an agreement between the property owners at 3223 Lake Johanna Boulevard and the City in order to shorten the abatement process listed within the code. This agreement has been signed by the property owners. Within the agreement, (attached for Council review) the homeowner: Attachments 1. Waives any further notices or hearings in this regard 2. Requests the removal and disposal of the Elm Tree 3. Authorizes the City and its agents, contractors and employees to enter upon the property for the purpose of removing and disposing of the Elm Tree 4. Assess all actual cost incurred by the City for the removal and disposal of the Elm Tree. The City responsibilities will be to: 1. Remove the Elm Tree from the property on the on or before December 1, 2010. 2. Upon completion of the removal and disposal of the Elm Tree from the property, the City Council shall adopt a resolution directing the Ramsey County Auditor to assess the property for the cost actually incurred by the City to remove the Elm Tree. The assessment shall be paid in three (3) equal annual installments and shall bear interest at the rate of 4.5% from the date of the adoption of the resolution. The first installment shall be due and payable in 2011. Recommendation Motion to approve Resolution 2010-057: Ordering abatement at 3223 Lake Johanna Boulevard for a public nuisance tree, identified to have Dutch Elm Disease. Aerial Diagram and Photo of 3223 Lake Johanna Blvd. Diseased Tree Abatement Agreement Resolution 2010- 057: Abatement of Nuisance at 3223 Lake Johanna Blvd. City of Arden Hills City Council Meeting for November 15, 2010 11 Metro- inet_uslardenhills\PR&pw\Public Works1Tree12010 Forestry12010 DFD111152010 CC Memo 3223 Lake Johanna Blvd_ Nuisance Abatemeni.doc Page 2 of 2