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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2023-009 RESOL UTION VA CA TING A RIGHT- OF- WA Y EASEMENT, A DRAINA GE AND UTILITY EASEMENT, AND A UTILITY EASEMENT IN RELATION TO THE DPS LAKE ELMO 3RD ADDITION PLAT 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 SDR 2.0 LLC, a limited liability company (the "Applicant") to vacate the Right -of -Way Easement that was granted by DPS-Lake Elmo, LLC to the City of Lake Elmo that is dated January 23, 2020 and was recorded with the Washington County Recorder on January 23, 2020 as Document No. 4228019 (the "Right -of -Way Easement"); and WHEREAS, the right-of-way encumbered by the Right -of -Way Easement will be encumbered by a new right-of-way easement that will be dedicated to the City in the plat of DPS Lake Elmo 3rd Addition; and WHEREAS, the City has also received a request from the Applicant to vacate the drainage and utility easement that is embedded within the Stormwater and Stormwater Quality Treatment Facility Maintenance and Easement Agreement dated February 4, 2020 between the City of Lake Elmo, Continental 483 Fund LLC, and DPS-Lake Elmo, LLC, recorded on April 10, 2020 with the Washington County Recorder as Document No. 4237924 as it relates to the DPS Parcel (Outlot B, DPS Lake Elmo) in the Agreement (the "Drainage and Utility Easement"); and WHEREAS, because the DPS Parcel is being developed, the area to be encumbered by the drainage and utility easement in the Drainage and Utility Easement has changed; and WHEREAS, the Applicant and the City will enter into a new stormwater and stormwater quality treatment facility maintenance and easement agreement with respect to the DPS 3rd Addition plat; and WHEREAS, the City has also received a request from the Applicant to vacate the Utility Easement that was granted by DPS-Lake Elmo, LLC to the City of Lake Elmo dated October 3, 2014, recorded on November 20, 2014 with the Washington County Recorder as Document No. 4007704 (the "Utility Easement"); and WHEREAS, new drainage and utility easements to replace the drainage and utility easements being vacated by the City in this Resolution will be dedicated to the City in the DPS Lake Elmo 3rd Addition Plat; and WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for February 7, 2023, to consider the proposed vacation of the Right -of -Way Easement, the Drainage and Utility Easement, and the Utility Easement; and LA515-110-851228.v2