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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2021-047 A RESOLUTIONAUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED AT 2798 JAMLEY A VENUE, NORTH IN THE CITY OF LAKE ELMO TO THE JAMES PALECEK AND VIVIANPALECEK IRREVOCABLE TR UST WHEREAS, the James Palecek And Vivian Palecek Irrevocable Trust is the owner of the that certain real property located at 2798 Jamley Avenue North in the City of Lake Elmo and as legally described on the attached Exhibit A (the "Trust Property"); and WHEREAS, the City of Lake Elmo (the "City") is the record fee owner of a portion of the Trust Property, which is legally described on the attached Exhibit B (the "City Property"); and WHEREAS, the City Property contains a portion of the Jamley Avenue North right-of-way; and WHEREAS, in 1989 the Trust requested that the Trust Property (which was part of a larger parcel at the time) be subdivided to create a total of two residential lots including the Trust Property; and WHEREAS, the Trust Property was surveyed along with the adjacent parcel, and the subdivision was subsequently approved by the City by City Council Resolution No. 89-39; and WHEREAS, the City's approval of the subdivision was conditioned on the subdividers conveying to the City those certain drainage, roadway and utility easements as shown on the survey (the "Subdivision Conditions"); and WHEREAS, the Subdivision Conditions were never met and the Trust Property is unencumbered by the requisite City easements needed to maintain the right-of-way containing Jamley Avenue North and the City instead owns a portion of Jamley Avenue North in fee; and WHEREAS, the Owners and the City now wish to clear and correct title to the Trust Property while also completing the Subdivision Conditions; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The recitals set forth herein are incorporated into and made a part hereof. 2. The conveyance of the Property by the City to the Trust is hereby approved. 3. The Mayor and the City Clerk are hereby authorized and directed to execute all appropriate documents, including but not limited to a quit claim deed, to effectuate the conveyance LA515-1-709800.v1