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<br />Item 4.2.& <br /> <br /> <br />MEMORANDUM <br /> <br />TO: Mayor and City Council <br />FROM: Catherine Mehelich, Director of Economic Developmen~ <br />DATE: December 6, 2004 <br /> <br />SUBJECT: Consider Resolution Authorizing Eminent Domain and <br />Acquisition of Real Property for the Downtown Revitalization <br />Project and to Clear Title to an Existing Street - Jackson Block <br /> <br />Attachment <br />. Resolution Authorizing Eminent Domain and Acquisition of Real Property in <br />Accordance with Minn. Stat. 117.042 for the Downtown Reviralization Project Area <br />No.1 and to Clear Title to an Existing City Street <br /> <br />Background <br />Over the past year sraff and the city attorney have determined thar the city has free and clear <br />title ro approximately half of the Jackson Block. The balance is still dedicated right-of-way. <br />Before the city can vacate that right -of-way the city needs to acquire the reversionary <br />interests of the adjoining properties. <br /> <br />Summary <br />Staff and the attorney have been working on that and have acquired what is needed from the <br />following adjoining parties: <br />. The Bank of Elk River <br />. Keith Holme (Kemper Drug property) <br />. Prank Galli (Diamond City Bread property) <br /> <br />Staff has been told by Ed Barder (aide Main Eatery property) and Steve Johnson (Antiques <br />property) that rhey would sign as well. <br /> <br />The title company has directed that the city needs to acquire the reversionary interests from <br />the dedicators of the original plar. The only way to acquire that is by proceeding in eminent <br />domain for the strip along Highway 10, and also includes, just in case staff is not able to <br />collect the last couple quit claim deeds from Barder, Johnson and Lenzmeier (former <br />Houlton building), they have been included as a porential for needing to condemn. There is <br />