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City of <br /> Elk <br /> River <br /> Resolution 16- <br /> A Resolution of the City of Elk River Authorizing Acquisition of a Portion of <br /> Old Highway 10 from Sherburne County <br /> WHEREAS, on November 2, 2015, the City entered into a purchase agreement with E&R <br /> Investments,LLC ("E&R") to convey several vacant properties located at the Southeast corner of US <br /> Hwy 10 &Joplin Street NW (the "Properties"); and <br /> WHEREAS, under the agreement with E&R, the city was required to acquire a portion of old <br /> Highway 10 from the County of Sherburne (the "County Property"); and <br /> WHEREAS, on March 7, 2016, the city entered into a purchase agreement with the County of <br /> Sherburne to acquire the county property; and <br /> WHEREAS, the city and E&R desire to close on the sale of the properties to E&R; and <br /> WHEREAS, prior to closing,itis necessary for the city and the county to execute an Amended <br /> and Restated Purchase Agreement (Attachment 1),which amends the original purchase agreement with <br /> the county to acknowledge that it is no longer necessary to facilitate the relocation of a county-owned <br /> billboard and to correct the legal description of the county property. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, <br /> as follows: <br /> 1. The Council hereby authorizes the acquisition of the county property, as provided in the Amended <br /> and Restated Purchase Agreement(Attachment 1); and <br /> 2. City staff and the law firm of Kennedy& Graven, Chartered, are authorized and directed to take all <br /> steps necessary to close on the acquisition of the county property including, without limitation, to <br /> execute the Amended and Restated Purchase Agreement. <br /> Passed and adopted this 191h day of December 2016. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City NATUREJ <br />