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<br />Resolution Authorizing Eminent Domain <br />Page 3 of5 <br /> <br />Elk River further deems it necessary to clear title to the underlying right-of-way by <br /> <br />acquiring fee title thereto. <br /> <br />4. Because the development of the Real Property is to begin prior to the time <br /> <br />by which court-appointed commissioners could reasonably be expected to render their <br /> <br />award for the taking of the Real Property, the City of Elk River deems it necessary to <br /> <br />proceed without delay under Minn. Stat. 117.042 to pay to the owners or into court a sum <br /> <br />of money to secure compensation to the owners of the real property, which amount shall <br /> <br />be equal to the city's approved appraisal value as determined by City staff. <br /> <br />5. The City of Elk River staff is hereby authorized and directed to execute all <br /> <br />documents and contracts necessary to acquire the Real Property identified in Exhibit A, <br /> <br />which actions include the specific authorization to: (a) obtain appraisals or minimum <br /> <br />damage assessments of the real property interests to be acquired. The owners ofthe Real <br /> <br />Property (iflocated) shall be provided with a copy of the appraisal at least twenty (20) <br /> <br />days prior to presenting the condemnation petition to the Court and must be obtained <br /> <br />prior to commencing condemnation; (b) make written offers to affected property owners <br /> <br />and negotiate such offers to a successful conclusion (which negotiations and offers shall <br /> <br />be conducted in good faith prior to the commencement of condenmation); ( c) acquire the <br /> <br />real property interests needed at the appraised value plus additional damages, if any, as <br /> <br />approved by the City Administrator; and (d) in circumstances where negotiation proves to <br /> <br />be unsuccessful or has already proven to be unsuccessful, condemn the real property <br /> <br />interests needed under the procedures provided for in applicable Minnesota Statutes, and <br /> <br />in compliance with all requirements of said statutes, including using the quick take <br /> <br />procedure set forth in Minn. Stat. ~ 117.042. <br /> <br />S:\Reso1utions\2004 Resolutions\Unapproved\EDA Dec 6\Authorizing Condemnation (94144) (2).DOC <br />