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CITY OF LAKE ELMO► <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO.2019-037 <br />A RESOL UTIONAPPRO VING THE PURCHASE OF PORTION OF 0UTLOTF, ST. CROIX <br />SANCTUARYAND APPROVING ANAMENDMENT TO THE E,MORAND Utbl OF <br />UNDERSTANDING BETWEEN THE CITY AND THE SANCTUARY OF LAKE ELMO <br />OME0 WNERS A SSO CIA TION REGARDING THE CONVEYANCE THEREOF <br />WHEREAS, in 2005, the plat of "St. Croix's Sanctuary" was approved by the City and <br />recorded in Washington County, Minnesota (the "Subdivision"'); and <br />WHEREAS, the Subdivision consists of numerous residential lots and outlots; and <br />WHEREAS, Outlot F of the Subdivision contains the community septic system for the <br />residential lots of the Subdivision and all homes within the Subdivision use the system; and <br />WHEREAS, Outlot F of the Subdivision ("Outlot F") was owned by Sanctuary LLC which <br />was operated by Case Arkel, the original developer of the Subdivision; and <br />WHEREAS, Outlet F was not conveyed by Sanctuary LLC to Sanctuary of Lake Elmo <br />Homeowners Association ("Sanctuary HOA") and eventually went into tax forfeiture; and <br />WHEREAS, Washington County (the "County") had originally planned to auction off the <br />entire Outlot F unless the City wanted to purchase it prior to it being sold to the public; and <br />WHEREAS, previously, Sanctuary HOA requested that the City purchase Outlot F from the <br />County and then convey it to Sanctuary HOA; and <br />WHEREAS, the City and Sanctuary HOA had entered into a Memorandum. of Understanding <br />dated , 2018 whereby the City agreed to purchase Outlot F from the County and <br />convey it to Sanctuary HOA; and <br />WHEREAS, the County has decided to retain the portion of Outlot F that is needed for the <br />County's right-of-way purposes, but to sell the remainder portion that contains the community septic <br />system of the Sanctuary HOA, which is legally described on the attached Exhibit A (the "Outlot F <br />Remainder Parcel"); and <br />WHEREAS, the City has agreed to purchase the Outlot F Remainder Parcel from the County <br />and the Sanctuary HOA has agreed to purchase it from the City; and <br />5819$0vlLA51544 <br />