HomeMy WebLinkAbout2022-120CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2022-120
RESOLUTION VACATING A DRABVAGEAND UTILITYEASEMENT LOCATED WITHIN
ROYAL GOLF CLUB AT LAKE ELMO 47HADDITION
WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the City has received a request from U.S. Home, LLC, a limited liability
company (the "Applicant") to vacate a drainage and utility easement on the property, which is legally
described and depicted on Exhibit A (the "Drainage and Utility Easement") and
WHEREAS, the City is the holder of the Drainage and Utility Easement; and
WHEREAS, the property encumbered by the Drainage and Utility Easement area needs to
be changed due to the platting of the property into lots and blocks within the Royal Golf Club at Lake
Elmo 5`'h Addition plat;
WHEREAS, the City will receive replacement drainage and utility easements as necessary:
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public
hearing for December 20, 2022, to consider the proposed vacation of the Drainage and Utility
Easement; and
WHEREAS, notice of the public hearing was posted, published in the City's official
newspaper, and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the City held the public hearing on the proposed vacation on December 20,
2022, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
Drainage and Utility Easement is in the public interest because replacement drainage and utility
easements will be granted in conjunction with the platting of Royal Golf Club at Lake Elmo 5u'
Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo
as follows:
1. The City hereby declares that the Drainage and Utility Easement is vacated upon the
following condition being satisfied:
A-1
LA515-100-788638.v2
a. The recording of the plat of Royal Golf Club at Lake Elmo 50' Addition.
b. The Applicant shall provide the City with replacement drainage and utility
easements as necessary with the Royal Golf Club at Lake Elmo 5I' Addition and
any other final plats.
2. The City Clerk or her designee is authorized and directed to prepare and present to the
Washington County Auditor a notice that the City has completed these vacation
proceedings and record with Washington County Recorder or Registrar of Titles the
notice of vacation of the easement.
Passed and duly adopted this 20t' day of December, 2022, by the City Council of the City of Lake
Elmo, Minnesota.
arles Cadenhead, Mayor
Al T:
Julie Jo son, CitUlerk
B-1
LA515-100-788638.v2
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