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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RM-191KIMUM �#1 - �11 � <br />A RESOL UTIONAPPROVING THE VA CA TION OF THE DRA17VA GE AND UTILITY <br />EASEMENT OVER OUTLOT 0 OF THE INWOOD ADDITION <br />WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and <br />existing under the laws of the State of Minnesota; and <br />WHEREAS, the City Council approved a final plat for the Inwood Addition on May 19, <br />2015 through adoption of Resolution No. 20 15-039; and <br />WHEREAS, a drainage and utility easement over, under and across the entirety of Outlot <br />0 of the Inwood Addition (the "Property") was dedicated to the City on the plat, which was duly <br />recorded with the County Recorder; and <br />WHEREAS, the Property has been replatted the Inwood 6 1h Addition, which plat was <br />approved by the Lake Elmo City Council on October 15, 2019 and the approval was ratified by <br />the City Council by the adoption of Resolution No. 2019-076; and <br />WHEREAS, new drainage and utility easements over the Property have been dedicated <br />by RPS Legacy Desoto, LLC, the fee owner of the Property in and on the final plat of Inwood 6' <br />Addition; and <br />WHEREAS, RPS Legacy Desoto, LLC, the fee owner of the Property and the developer <br />veloper <br />of the Inwood 6th Addition filed a petition with the City pursuant to Minnesota Statutes Section <br />412.851 to vacate the drainage and utility easement over the Property that was dedicated to the <br />City in and on Outlot 0 of Inwood Addition final plat due to the dedication of new drainage and <br />utility easements over the Property made to the City in plat of Inwood 6 th Addition; and <br />WHEREAS, the City Clerk reviewed and examined the signatures on said petition to <br />vacate and determined that such signatures constituted all of the owners abutting upon the <br />easement to be vacated; and <br />WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a <br />public hearing for August 12, 2019 to consider the proposed vacation of the easement; and <br />WHEREAS, notice of the public hearing was posted, published in the City's official <br />newspaper and mailed to the owners of affected properties, all in accordance with law; and <br />WHEREAS, the Planning Commission held the public hearing on the proposed vacation <br />on August 12, 2019, at which hearing all interested parties were heard; and <br />