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R79--5 4 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT IN DEMONTREVILLE HIGHLANDS 5TH ADDITION WHEREAS, at a regular meeting of the City Council of the City of Lake Elmo, Washington County, Minnesota, held December 11, 1979, a Petition was presented to the City Council praying for the vacation of certain drainage and utility easements in the plat of Demontreville Highlands 5th Addition, described as follows, to -wit: Drainage easements over Outlot A and Lots one (1.) Two (2) , Five (5) , Six (6) , Block One (1), Demontreville Highlands 5th Addition, as shown on the plat as recorded in the office of the Washington County Recorder. Drainage and utility easements adjoining street lines and side and rear lot lines as shown are not to be vacated. WHEREAS, said Petition came on for hearing before said City Council at a regular meeting thereof, held at 8:00 o'clock p.m. on Tuesday, December 11, 1979, in the City Hall, pursuant to notice thereof published and posted as required by law; and WHEREAS, the City Council of the City of Lake Elmo has heard all the evidence presented for and against said Petition and after due consideration thereof has determined that it is in the best interests of the public and the City of Lake Elmo to vacate said drainage and utility easements for the following reasons: 1. The plat of Demontreville Highlands 5th. Add., was originally submitted in such a way so as to delineate the above - described area as an area to be acquired by the State of Minnesota for purposes of using same as a rearing pond for fish. 2. Since the final plat of Demontreville Highlands 5th Addition included the above -described area and dedicated it as drainage and utility easements, the fee owners are no longer able to transfer this property to the State of Minnesota for the purpose described above.