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WHEREAS, notice of the public hearing was posted, published in the City's official newspaper, <br />and mailed to the owners of affected properties, all in accordance with law; and <br />WHEREAS, the City held the public hearing on the proposed vacations on February 7, 2023, at <br />which hearing all interested parties were heard; and <br />WHEREAS, following the public hearing, the City determined that the vacation of the Right -of - <br />Way, Drainage and Utility Easement, and the Utility Easement are in the public interest because <br />replacement easements will be dedicated to the City in the DPS Lake Elmo 3d Addition final plat; <br />and <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as <br />follows: <br />The City hereby declares that the Right -of -Way Easement, the Drainage and Utility <br />Easement, and the Utility Easement are vacated upon all of the following conditions <br />being satisfied: <br />a. The recording of the plat of DPS Lake Elmo 3rd Addition that includes the <br />replacement right-of-way and drainage and utility easements as required by the <br />City; and <br />b. The Applicant and the City entering into a Stormwater and Stormwater Quality <br />Treatment Facility Maintenance and Easement Agreement with respect to the <br />stormwater facilities located on the DPS Lake Elmo 3rd Addition plat. <br />2. Upon satisfaction of all of the above conditions, the City Clerk or her designee is <br />authorized and directed to prepare and present to the Washington County Auditor a <br />notice that the City has completed these vacation proceedings and record with <br />Washington County Recorder the notice of completion of the vacation proceedings. <br />Passed and duly adopted this 7th day of February, 2023, by the City Council of the City of Lake <br />Elmo, Minnesota. <br />Charles Cadenhead, Mayor <br />ATTES <br />Julie Jo on, CiFy Clerk <br />LA515-110-851228. v2 <br />