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<br />" <br /> <br />get a clear title - thus making it difficult for him to sell the property. <br /> <br />b. Vacate the easement with an agreement to hold the City harmless and to pay extra <br />cost associated with a future repair. This solution, like Solution A. would place all <br />future liability on a future homeowner. While it would clear the title, it would still <br />present a difficulty to Mr. Mueller in his efforts to sell the property. <br /> <br />c. Vacate the easement with a cash payment to the City to pay for future costs. This <br />solution would shift the'liability trom Mr. Mueller to the City. The City would <br />assume this added liability if Mr. Mueller paid the cost of the future liability up <br />tront. Staff has estimated that a one-time repair could cost an additional $7,500 <br />because of the encroachment. It is difficult to estimate the present value of future <br />repairs since the timing and frequency of such repairs is unknown. It seems likely, <br />however, that the cost of a single repair, $7,500, paid now, would grow enough <br />over time to fund future repairs. <br /> <br />Staff Recommendation: <br /> <br />I. By constructing a structure on the City easement, Mr. Mueller has assumed a future <br />liability. Mr. Mueller is requesting that the City vacate a portion of the easement, thus <br />shifting the liability from himself to the City. In an effort to help Mr. Mueller sell this <br />home and reasonably protect the City, staff recommends that the Council adopt Option C <br />- vacate the easement with a cash payment of $7,500. <br /> <br />Council Action Requested: <br /> <br />1. Motion to vacate the easement at 2241 Ferris Lane with a cash payment to the City of <br />$7,500 to pay for future repair costs. <br /> <br />Staff Report by: Michael Falk <br /> <br />2 <br />