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City of <br /> Elk <br /> River <br /> Resolution 14- <br /> A Resolution of the City of Elk River Approving Acquisition of Real Property <br /> and Dispensing with Statutory Requirements for Review by Planning <br /> Commission of Acquisition <br /> WHEREAS, the City of Elk River's Wastewater Treatment Facility ("WWTF") is located <br /> adjacent to Great River Energy's ("GRE's") Elk River Power Station;and <br /> WHEREAS, the City has been planning for expansion of the WWTF for approximately <br /> ten (10) years;and <br /> WHEREAS, the City and GRE entered into an Agreement dated February 20, 2007 <br /> ("Agreement"),whereby GRE agreed to convey to the City for the purposes of expansion of <br /> the WWTF, the 1.4-acre parcel of property described on the attached Exhibit "A" (the <br /> "Property");and <br /> WHEREAS, the City and GRE have agreed that the Property will be conveyed by GRE to <br /> the City by warranty deed in satisfaction of paragraph 6 of the Agreement; and <br /> WHEREAS, the parties have agreed that the costs associated with the transaction will be <br /> paid as follows: <br /> 1. The City will bear the costs of preparing and recording the Warranty Deed and related <br /> conveyance documents;and <br /> 2. The City will bear all title insurance costs,including all title company closing costs; and <br /> 3. The parties will each bear their own internal costs for review, approval, negotiation and <br /> execution of the documents effecting the conveyance; and <br /> WHEREAS,Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review <br /> the City's proposed acquisitions and dispositions of property; and <br /> WHEREAS,Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning <br /> Commission review requirement upon 2/3 vote of the City Council dispensing with the <br /> requirement and finding that the acquisition of the property has no relationship to the <br /> comprehensive municipal plan. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br /> River,Minnesota, as follows: <br /> P O w E R E U 9 1 <br /> 1`4 U <br />