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An easement for drainage and utility purposes over, under and across that part of vacated Twelfth <br />Street described as lying easterly of a line which is 15.00 feet easterly and parallel with the <br />southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION <br />WHEREAS, the Community Development Director reviewed and examined the <br />signatures on said request and determined that such signatures constituted the majority of the <br />landowners abutting upon the portion of easement to be vacated and rededicated; and <br />WHEREAS, a public hearinto consider the vacation and rededication of drainage and <br />utility easements was held on the 20" day of May 2014 before the City Council in the Lake Elmo <br />City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due <br />published and posted notice had been given, as well as personal mailed notice to all property <br />owners within Myron Ellman Subdivision by the Community Development Director on the 9th of <br />May 2014 and all interested and affected persons were given an opportunity to voice their <br />concerns and be heard; and <br />WHEREAS, the Council in its discretion has determined that the vacation will benefit <br />the public interest because the vacated right-of-way will not be needed for any future street <br />connections to serve properties within or adjacent to the Myron Ellman Subdivision and because <br />the vacation will allow the adjacent property owners an expanded use of their properties. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFT E <br />CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request <br />for vacation of existing right-of-way and the dedication of a new drainage and utility easements <br />is hereby approved in accordance with the property descriptions provided above and provide the <br />following condition is met: <br />1) The petitioners shall record with Washington County the drainage and utility easements <br />to be retained by the City as described in the survey from Cornerstone Land Surveying, <br />Inc. dated May 15, 2015. <br />BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to <br />sign all documents necessary to effectuate the intent of this resolution. <br />Adopted by the Council this 201h day of May 2014. <br />Mike Pearson, Mayor <br />Attest: <br />A�ani �Bell, City Clerk <br />