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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION NO. 2025-019 <br /> <br />RESOLUTION VACATING THREE DRAINAGE AND UTILITY EASEMENTS IN <br />RELATION TO THE DPS 3RD ADDITION PLAT <br /> <br /> WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under <br />the laws of the State of Minnesota; and <br /> <br /> WHEREAS, the City of Lake Elmo conditionally approved a revised DPS 3rd Addition <br />Final Plat on November 19, 2024 through Resolution 2024-120; and <br /> <br />WHEREAS, the City of Lake Elmo received a request from Roers Companies, a limited <br />liability company (the “Applicant”), to vacate three Drainage and Utility Easements identified as <br />Document Numbers 3694047, 3694048, and 3694049, recorded with the Washington County <br />Recorder (the “Drainage and Utility Easements”); and <br /> <br /> WHEREAS, the portions of the property encumbered by the Drainage and Utility <br />Easements will be encumbered by larger easements that will be dedicated to the City in the plat of <br />DPS Lake Elmo 3rd Addition; and <br /> <br /> WHEREAS, vacation of the Drainage and Utility Easements will bring the DPS 3rd <br />Addition Plat into conformance with the City Attorney’s Plat Opinion dated November 14, 2024; <br />and <br /> <br /> WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public <br />hearing for March 4, 2025, to consider the proposed vacation of the Drainage and Utility <br />Easements; and <br /> <br /> WHEREAS, notice of the public hearing was posted, published in the City’s official <br />newspaper, and mailed to the owners of affected properties, all in accordance with law; and <br /> <br /> WHEREAS, the City held the public hearing on the proposed vacations on March 4, 2025, <br />at which hearing all interested parties were heard; and <br /> <br /> WHEREAS, following the public hearing, the City determined that the vacation of the <br />Drainage and Utility Easements is in the public interest because replacement easements will be <br />dedicated to the City in the DPS Lake Elmo 3rd Addition final plat; and <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as <br />follows: <br />1. The City hereby declares that the Drainage and Utility Easements are vacated upon the <br />following conditions 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 City.