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Ms. Jenni Faulkner March 16, 2023 Page 4 860125.v3. 3.16.23 o. The City Council certificate should be revised from “this ______day of___________,” to “this _____ day of _______,”. I require review of this revision. p. The City Council certificate should be revised from “Subd. 2, Minnesota Statutes” to “Subd. 2.”. I require review of this revision. q. The County Auditor/Treasurer approval should be revised from “Subd. 9, taxes payable for the year 202__, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered” to “Subd. 9 and Section 272.12, taxes payable in the year 202__, on real estate hereinbefore described, have been paid; and there are no delinquent taxes, and transfer has been entered”. I require review of this revision. 3. Title Commitment Exceptions. The Commitment is subject to the following exceptions: a. Drainage and utility easements as shown on the plat of Brookman 3rd Addition, if any. The drainage and utility easements as shown on Lot 3 of Brookman 3rd Addition encompass the entire perimeter of Lot 3, where the drainage and utility easements on the Plat encompass the perimeter of the new Lots 1 and 2 of Block 1. The City and the developer should discuss if the easements that were dedicated by the plat of Brookman 3rd Addition should be vacated. b. Overhead and/or underground utility lines that may currently exist and rights of the utility companies to use and maintain any such existing lines. The developer and surveyor should provide the location of these utility lines, if any, so that the City may determine if they interfere with any utilities dedicated to the public by the Plat. c. Assessments, covenants, conditions, terms, restrictions, easements, and obligations contained in Petition and Waiver Agreement between the developer and the City of Lake Elmo, dated May 28, 2014, filed January 2, 2015, as Document No. 4011597, which does not contain a forfeiture or revisionary clause. The Petition and Waiver Agreement was amended on August 13, 2014 to increase the assessment amount to $103,708. The Agreement levies funds to finance certain public improvements and permits those charges to be assessed against on the Property. The City should determine if there are any pending special assessments against the Property as those assessments will need to be paid off at the time of recording of the final plat. d. City of Lake Elmo Ordinance No. 08-145, renaming Layton Avenue North to Wildflower Drive North, dated July 5, 2016, recorded August 25, 2017, as Document No. 4125502. The Ordinance only renames the foregoing street name. No further action is required. 4. Property taxes and assessments. All real estate taxes due in the year the Plat is to be recorded must be paid prior to recording. All assessments must also be paid.