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Resolution No. 12- 58 • City Council City of Elk River A Resolution finding that acquisition of the Property known as Bailey Point for Park purposes has no relationship to the City of Elk River Comprehensive Plan and authorizing the Mayor and City Clerk to execute the necessary documents to purchase Bailey Point. RECITALS WHEREAS,the City was approached by the current owners of the property known as Bailey Point(the "Property")to inquire as to the City's interest in acquiring the Property for public park purposes; and WHEREAS, the City Council, by prior action, directed that negotiations proceed for the acquisition of the Property; and WHEREAS, City staff has worked with the owners of the Property and the Minnesota Land Trust to structure a transaction pursuant to which the owners will grant a conservation easement to the Minnesota Land Trust and sell the Property to the City subject to the conservation easement; and • WHEREAS, Bailey Point is a 26-acre property at the confluence of the Mississippi and Elk rivers which has been used for private recreational purposes for many years; and WHEREAS, acquisition of the Property subject to the conservation easement will ensure that the Property remains used for passive recreational purposes; and WHEREAS,the Property is designated in the City of Elk River Comprehensive Plan as within the "Old Town" area of the City; and WHEREAS,the Old Town designation of the Comprehensive Plan includes the use of land for public or private parks; and WHEREAS, the property is currently zoned by the City of Elk River Zoning Ordinance R1-C, which also allows public or private parks; and WHEREAS, acquisition of Property for a passive recreational public park will not change the existing use of the Property for passive recreational purposes and will be consistent with the City of Elk River Comprehensive Plan. NOW THEREFORE,the City Council of the City of Elk River finds: •