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R-73 -16 RESOLUTION V ILIAGE OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING RELEASE OF LOT FIVE TO STATE OF MINNESOTA ON PETITION OF C. W. GRAVES IN EXCHANGE FOR DRAINAGE E.ASE'NENT WHEREAS, the Village of Lake Elmo now has conditional title to Lot F�y (5) of the First Re -Arrangement of Lot Three (3), Block Three (3), Lake Elmo/, al adjacent lots under the provisions of Section 282.01 MSA whereby the Village procured conveyance of the same from the State of Minnesota on the condition that the Village use said lot and adjacent tracts for park purposes; said Lot Five (5) and adjacent tracts having been forfeited for non-payment of taxes by the prior owner, Howard Huebner, and, WHEREAS, Lot Six of the First Re -Arrangement of Lot Three (3), Block Three (3), Lake Elmc/, a hough having delinquent taxes, is still owned by said Howard Huebner and has not been tax forfeited to the State of Minnesota, and WHEREAS, the Village Council has determined that it is important and in the public interests of the Village of Lake Elmo to acquire a drainage easement more specifically described as follows: The West 40 feet of Lot Six (6)of the First Re -Arrangement of Lot Three (3) , Block Three (3) , Lake Elmo,Park, now owned by Howard L. Huebner; and WHEREAS, the Village Council has determined that said Lot Five (5) is not particularly desirable for use for park purposes and does not enhance the value of the adjacent lands held by the Village for park purposes; and WHEREAS, Charles W. Graves has a contract with said Howard L. Huebner to purchase said Lots Five (5) and Six (6) from Howard L. Huebner; and WHEREAS, Howard L. Huebner as owner of Lot Five (5) before forfeiture has the right to re -purchase the same from the State under the provisions of Section 282.24, MSA, except for and subject to the present right of the Village of Lake Elmo to use the said Lot Five (5) for park purposes; and WHEREAS, said Charles W. Graves has petitioned the Village asking the Village to re -convey said Lot Five (5) to the State of Minnesota indicating to the State that said lot is no longer used for park purposes, thereby enabling said Howard L. Huebner to re -purchase the same under the provisions of Section 282.241 MSA, and in turn convey Lot Five (5) together with Lot Six (6) to Charles W. Graves; and WHEREAS, Charles W. Graves in consideration therefor has agreed to convey to the Village the said drainage easement required by the Village in and over said Lot Six (6). NOW, THEREFORE, BE IT RESOLVED, that upon execution of an appropriate agreement by Charles W. Graves whereby he will agree to purchase said Lots Five (5) and Six (6) from said Huebner and convey to the Village, free of liens