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STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LADE ELMO RESOLUTION NO. 2018-127 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER LOT I AND LOT 2, BLOCK I OF WHISTLING VALLEY 2ND ADDITION THE CITY COUNCIL OF THE CITY OF LADE ELMO, MINNESOTA DOES HERE' BY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Lake Elmo approved the final plat of Whistling Valley 2"" Addition on July 29th, 2004 with drainage and utility easements bordering the property lines of the platted lots; and WHEREAS, the City of Lake Elmo had received a request for easement vacation from Zawadski Homes, hie; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the existing drainage and utility easements on the property(s) legally described as Lots I and 2, Block 1, Whistling Valley 2 d Addition, Washington County Minnesota (EXHIBIT A); and WHEREAS, the requested easement to be vacated is legally described as: that part of the east 5 feet of Lot I and the west 5 feet of Lot 2, all in Block 1, WHISTLING VALLEY 2ND ADDITION, Washington County, Minnesota which lies southerly of the 10 foot rear yard drainage and utility easement dedicated on said plat of WHISTLING VALLEY 2ND ADDITION and which lines northerly of the 10 foot drainage and utility easement adjacent to Whistling Valley Road as dedicated on said plat of WHISTLING VALLEY 2ND ADDITION. EXCEPT that part which lies within the 20 foot wide drainage and utility easement running across said Lots I and 2, as dedicated on said plat of WHISTLING VALLEY 2ND ADDITION (EXHIBIT A); and WHEREAS, a public hearing to consider the vacation of the drainage and utility easement was held on the October 10, 2018 at the Planning Commission meeting in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m, or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of 9829 and 9843 Whistling Valley Rd. by the City Clerk and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: