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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-049 A RESOLUTION RELATING TO THE VACATION OF PORTIONS OF HIGHLAND TRAIL NORTH WHEREAS, the City received a request that certain platted unimproved portions of Highlands Trail North be vacated; WHEREAS, the City conducted a public hearing pursuant to Minnesota Statutes 412.851 and received comments from interested parties; and WHEREAS, the Lake Elmo City Council has determined that it is in the public's interest to vacate the following described platted, but unimproved portions of Highlands Trail North, NOW, THEREFORE, BE IT RESOLVED, that the following street segments are hereby vacated as illustrated in Exhibit A and legally described as: All that part of Highlands Trail, lying westerly of the westerly right -of -way line for Hilltop Avenue North; northerly of the westerly extension of the south line of Lot 5, Block 1, Demontreville Highlands; and southerly of the south line of Lot 1, BIock 3, Demontreville Highlands, subject to an existing pipeline easement per Document No. 44499 and reserving to the City, its successors and assigns, a 10 foot drainage and utility easement lying 5 feet on either side of the following described centerline: A line which is located parallel to and 40 southerly of the south line of Lot 1, Block 3, Demontreville Highlands. FURTHER, that the vacation be approved subject to adjoining property owners (equal recipients of the vacated property between their existing lots) each providing the City with a 5 -foot drainage, utility, and public trail easement along the former centerline of the vacated street right -of -way. AND BE IT FURTHER RESOLVED, that the City Clerk is directed to file a certified copy of this Resolution with the Washington County Recorder.