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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2023-078 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS INRELATION TO THE PRAIRIE SKY FINAL PLAT (PIDS 13.029.21.21.0009 AND 13.02 9.21.21.0 017) WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City has received a request from Landucci Construction, LLC, a limited liability company (the "Applicant") to vacate the existing Drainage and Utility Easements that were established on the Final Plat of Brookman 3rd Addition; and WHEREAS, the land encumbered by the existing easements is on property legally described on Exhibit A attached hereto; and WHEREAS, the property encumbered by the Drainage and Utility Easements will be encumbered by new Drainage and Utility Easements in association with the Prairie Sky Final Plat reflecting current City standards; and WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for August 15, 2023, to consider the proposed vacation of the Drainage and Utility Easements; and WHEREAS, notice of the public hearing was posted, published in the City's official newspaper, and mailed to the owners of affected properties, all in accordance with the law; and WHEREAS, the City held the public hearing on the proposed vacations on August 15, 2023 at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City determined that the vacation of the Drainage and Utility Easements are in the public interest because replacement of easements will be dedicated to the City in the Prairie Sky final plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The City hereby declares that the Drainage and Utility Easements detailed in Exhibit A are vacated upon all of the following conditions being satisfied: a. The recording of the plat of Prairie Sky that includes the drainage and utility easments as required by the City;