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3. The City would benefit by having said property returned to private use and transferred immediately to the State of Minnesota for purposes indicated above. 4. It is understood and agreed by all parties that the owners of the property following this vacation will immediately transfer same to the State of Minnesota for the purpose stated above. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following described drainage and utility easements located in the plat of Demontreville Highlands 5th Addition, 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. be and the same hereby is, vacated absolutely and forever for the reasons set forth above herein. IT IS FURTHER RESOLVED, that the City Council does hereby determine that the City is deemed to benefit from said vacation for the reasons set forth above and the same is sufficient consideration for the vacation thereof provided, however, that: 1. The area described above be conveyed by the fee owners to the State of Minnesota for purposes of installing the rearing ponds for fish. 2. That all costs to the City for this vacation proceeding shall be calculated by the City and shall be paid by the Petitioners and their assigns to the City. 3. Upon payment of such costs by the Petitioner, and performance of the other conditions above set forth, the City shall cause notice that this vacation proceeding has been concluded to be served on the County Auditor of Washington County and shall record a certified copy of this Resolution with the Washington County Recorder, all as provided by and in accordance with Section 412.851 of the Minnesota Statutes. - 2 -