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City of <br /> Elk <br /> River <br /> Resolution 16- <br /> A Resolution of the City of Elk River Authorizing Conveyance of Several <br /> Properties Located at the Southeast Corner of US HWY 10 and Joplin Street <br /> WHEREAS, on November 2, 2015, the City entered into a purchase agreement <br /> (Attachment 1) (the "Agreement"),with E&R Investments, LLC ("E&R") to convey several <br /> vacant properties located at the Southeast corner of US Hwy 10 &Joplin Street NW (the <br /> "Properties"); and <br /> WHEREAS, under the Agreement, the City was required to acquire by eminent domain <br /> several of the Properties that were encumbered by highway easements and obtain the release <br /> of such easements from the State of Minnesota•, and <br /> WHEREAS, the City has acquired such parcels by eminent domain and obtained the <br /> release of the highway easements; and <br /> WHEREAS, under the Agreement, the City was also required to acquire one of the <br /> Properties from the County of Sherburne (the "County"); and <br /> WHEREAS, by Resolution No. , adopted contemporaneously with this resolution, <br /> the City has authorized the acquisition of the County-owned property; and <br /> WHEREAS, with the above preconditions fulfilled or ready to be fulfilled, the City and <br /> E&R desire to close on the sale of the Properties; and <br /> WHEREAS, prior to closing, the parties must execute an Amendment to the Agreement <br /> (Attachment 2), to reflect certain changes to the Properties'legal descriptions. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br /> River,Minnesota, as follows: <br /> 1. The Council hereby authorizes the conveyance of the Properties, as legally defined <br /> in Exhibit B of the Amendment to the Agreement(Attachment 2);and <br /> 2. City staff and the law firm of Kennedy & Graven, Chartered, are authorized and <br /> directed to take all steps necessary to convey the Properties pursuant to the <br /> Agreement including, without limitation, to execute the Amendment to the <br /> NATUREJ <br />