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LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1989 PAGE 8 M/S/P Graves/Moe - to approve Payment #2, to C. W. Houle Inc., in the amount of $27,095.57 for 39th Street Improvements and passing onto the Developer for this payment in accordance to the Developer's Agreement. (Motion carried 5-0). C. Request for Release and Discharge of Surface Water Drainage Easement, Lake Rose to West Lakeland Storage Site City Engineer, Larry Bohrer, reported that in 1981, the City of Lake Elmo conducted a pumping project to remove excess flood water from Lake Rose, which was threatening the Cimarron Treatment Plant, and pump it to the West Lakeland Storage Site for disposal. A temporary easement was obtained from the owners of: the property at that time. The property in West Lakeland Township is now being platted and the title company requests that the City release this easement to clear the title. Bohrer recommended that the city release and discharge this easement according to the form provided by the developer's attorney, because the City understood the easement expired on May 15, 1981, and there is no longer a need for this easement. M/S/P Hunt/Graves - to adopt Resolution No. 89-34, A Resolution to Release and Discharge Easement described as follows: That certain Surface Water Drainage Easement and Agreement dated Novmber 11, 1980, recorded December 15, 1980, and Doc. No. 412741 in the office of the Washington County Recorder. (Motion carried 5-0). M/S/P Graves/Hunt - to amend the Council agenda to include 9D. Creekside on DeMontreville as requested by the City Engineer. (Motion carried 5-0). D. Escrow Release No. 1, Creekside on DeMontreville Larry Bohrer reported that the grading and storm sewer are substantially complete on the Creekside on DeMontreville Improvements. Bohrer recommended that the letter of credit be reduced as follows: Original Letter of Credit $120,000.00 Less Grading and Storm Sewer -$ 43,578.50 Less Staking and Inspection -$ 6,000.00 Less 25% per Ordinance _$ 12,3994.61 Remaining Letter of Credit $ 58,026.88 M/S/P Graves/Moe - to approve Escrow Release No. 1, Creekside on DeMontreville as recommended by City Engineer Larry Bohrer. (Motion carried 5-0). 10. CITY ATTORNEY'S REPORT: The City Attorney submitted to the Council his monthly report on pending litigation.