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<br />Resolution Authorizing Eminent Domain <br />Page 2 of5 <br /> <br />WHEREAS, the City Council of the City of Elk River has adopted a Tax <br /> <br />Increment Financing Plan for the Downtown Phase I Tax Increment Financing District <br /> <br />No. 22 within the Development District ("TIF District"); <br /> <br />WHEREAS, the City of Elk River deems it necessary and convenient to acquire <br /> <br />the necessary property in the TIP District in order to fulfill the objectives of the <br /> <br />Development Program, to encourage and facilitate development in the TIF District, as <br /> <br />well as improving roads, utilities and other public infrastructure and to provide <br /> <br />employment opportunities, increase the tax base and otherwise benefit the health, safety <br /> <br />and welfare and morals of the residents ofthe City of Elk River ("Objectives") <br /> <br />WHEREAS, the real property to be acquired by the City is an existing platted <br /> <br />right-of-way and has been since 1868 and the underlying fee owners may claim some <br /> <br />right, title or interest in the real property should the City vacate said right-of-way. <br /> <br />WHEREAS, the City has no obligation to vacate said right-of-way, but may do <br /> <br />so in the future to fulfill the Objectives. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of <br /> <br />Elk River. <br /> <br />I. In order to carry out the Objectives, it is necessary to acquire fee title to <br /> <br />the real property identified in Exhibit A attached hereto ("Real Property"). <br /> <br />2. The acquisition of the Real Property by the exercise of the power of <br /> <br />eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a <br /> <br />public purpose and is deemed to be necessary to further the Objectives. <br /> <br />3. The City of Elk River deems it necessary for the Objectives and <br /> <br />encouraging development in the TIF District to acquire said Real Property. The City of <br /> <br />S:\Resolutions\2004 Resolutions\Unapproved\EDA Dee 6\Authorizing Condemnation (94144) (2).DOC <br />