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WHEREAS, the City has identified numerous potential heirs to the fee owners of the ROW <br /> Properties and is in the process of determining whether a voluntary conveyance of marketable title <br /> to the ROW Properties is possible; <br /> NOW THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of <br /> Elk River,Minnesota as follows: <br /> 1. The acquisition of the ROW Properties is necessary and for the public purpose of <br /> eliminating abandoned property and doing so will be in furtherance of the Project; <br /> 2. The proper City officers and agents are authorized and directed to acquire marketable title <br /> to the ROW Properties needed for the Project by voluntary negotiation if possible and, if <br /> not,through the exercise of eminent domain; <br /> 3. The approved appraised values for the ROW Properties (as described on the attached <br /> Exhibit A) for the purposes of Minn. Stat. §117.042 are as follows: <br /> a. Parcel 1 -- $9,000. <br /> b. Parcel 3A-- $21,000 <br /> 4. The law firm of Kennedy& Graven, Chartered,is authorized and directed to take all steps <br /> necessary on behalf of the City to acquire through eminent domain all interests in the ROW <br /> Properties that are not acquired by voluntary negotiation, including filing an action in <br /> eminent domain and using the quick take procedure under Minn. Stat. § 117.042. <br /> 5. To the extent that the legal descriptions in Exhibit A do not match the boundaries of the <br /> properties needed for the Pro)ect, City officers and agents may amend the legal descriptions <br /> to be used in a voluntary conveyance or action in eminent domain without further action <br /> from the Council. <br /> Approved by the City Council for the City of Elk River this 6"'day of June,2016. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard,City Clerk <br />