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LA515-110-851228.v2 <br />PROJECT ANALYSIS <br />The areas encumbered by the drainage and utility easement and the utility will need to be changed due to the development of the property. New drainage and utility easements will be dedicated to the City <br />in the plat. The area encumbered by the right-of-way easement will be dedicated to the City in the <br />plat. <br />RECOMMENDED CONDITIONS OF APPROVAL: <br />Based on the above report and analysis, Staff is recommending approval of the vacation of the right- <br />of-way, drainage and utility, and utility easements with the following conditions: <br />1.The recording of the plat of DPS Lake Elmo 3rd Addition that includes the replacementright-of-way and drainage and utility easements as required by the City. <br />2.The Applicant and the City entering into a Stormwater and Stormwater Quality Treatment <br />Facility Maintenance and Easement Agreement in the City’s standard form with respect to <br />the stormwater facilities located on the DPS Lake Elmo 3rd Addition plat. <br />DRAFT FINDINGS <br />Staff is recommending the City Council consider the following findings with regards to the proposed easement vacations: <br />1) The City is the holder of the right-of-way easement, the drainage and utility easement, and the <br />utility easement; and <br />2)The areas encumbered by the drainage and utility easement and the utility easement areas <br />needs to be changed due the development of the property. <br />3) New drainage and utility easements and right-of-way easements will be dedicated to the City <br />in the final plat. <br />4) Pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for <br />February 7th 2023, to consider the proposed vacation of the easements; and <br />5) Notice of the public hearing was posted, published in the City’s official newspaper, andmailed to the owners of affected properties, all in accordance with law. <br />RECOMMENDATION: <br />Staff recommends that the City Council approve the vacation of the easements. <br />Suggested motion: <br />“Move to adopt Resolution 2023- 009 approving the vacation of a right-of-way easement, a <br />drainage and utility easement, and a utility easement in relation to the DPS Lake Elmo 3rd <br />Addition plat with conditions based on the findings listed in the staff report.” <br />ATTACHMENTS: <br />1.Easement Vacation Resolution 2023-009 <br />2.Easement Vacation Application <br />3.Engineer Memo Dated 1-10-2023