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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 <br />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 replacement <br />right-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 <br />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, and <br />mailed 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