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VA <br /> City of <br /> Elk <br /> .�.^ RESOLUTION NO. 16- <br /> River <br /> RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVING <br /> APPRAISED VALUES FOR PROPERTIES LOCATED AT THE SE CORNER OF US HWY 10 <br /> &JOPLIN STREET NW <br /> WHEREAS, as part of an economic development project (the "Pro)ect"), the City has <br /> acquired certain vacant properties located at the Southeast corner of US Hwy 10 & Joplin Street <br /> NW (the "City Properties"). <br /> WHEREAS, two properties located adjacent to and to the North of the City Properties are <br /> currently encumbered by right-of-way easements in favor of the State of Minnesota and the City (the <br /> "ROW Properties",legally described in Exhibit A and depicted in Exhibit B); <br /> WHEREAS, the City has learned that the MnDOT easement in the ROW Properties is no <br /> longer needed for right-of-way purposes; <br /> WHEREAS, the City desires to acquire the ROW Properties for the Project; <br /> WHEREAS, to acquire clean title to the ROW Properties the City will both need to work <br /> with the MnDOT to release the State's easement and acquire the underlying fee interests; <br /> WHEREAS, title to the underlying fee interest of these ROW Properties remains in the <br /> names of property owners who have long been deceased; <br /> WHEREAS, under Minn. Stat. §465.01 the City has the power of eminent domain for any <br /> purpose for which it authorized by law to take or hold the same by purchase or gift; <br /> WHEREAS, under Minn. Stat. § 117.025, Subd. 11, the City is authorized to acquire <br /> property that it has determined to be abandoned; <br /> WHEREAS, acquisition of said abandoned property will be in furtherance of the Project, <br /> which is a public purpose; <br /> WHEREAS, the City finds that the ROW Properties constitute abandoned property, as that <br /> term is defined under Minn. Stat. §117.025, subd. 5; <br /> WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, <br /> and in the interest of the general welfare that the City acquire title to and possession of the ROW <br /> Properties in furtherance of the Project; <br /> WHEREAS, the City Council finds that the schedule for the Project makes it necessary to <br /> acquire title to and possession of the ROW Properties prior to the filing of the final report of the <br /> condemnation commissioners to be appointed by the district court; <br /> WHEREAS, the City engaged an independent real estate appraiser to provide the City with <br /> the appraiser's opinion of value of the ROW Properties and the City Council finds that the values in <br /> the appraisal are appropriate and fair; and <br />