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<br />. <br /> <br />4. Because the condition of the Property is currently in violation of the City's Code <br />of Ordinances, and in particular the City's ordinances protecting the Mississippi River Wild and <br />Scenic Riverway, shoreland and floodplain, and is a threat to the water quality of the Mississippi <br />River, the capacity of the Mississippi River floodplain and the integrity of the Mississippi River <br />Wild and Scenic Riverway, the City of Elk River deems it necessary to proceed without delay <br />under Minn. Stat. ~ 117.042 to pay to the owners or into court a sum of money to secure <br />compensation to the owners of the Property, which amount shall be equal to the City's approved <br />appraisal value as detennined by City staff. <br />S. The City of Elk River staff is hereby authorized and directed to execute all <br />documents and contracts necessary to acquire fee title to the Propeny described in Exhibit A, <br />which actions include the specific authorization to: (a) obtain appraisals or minimum damage <br />assessments of the Property to be acquired; (b) make written offers to affected property owners <br />and negotiate such offers to a successful conclusion; (c) acquire the Property at the appraised <br />value plus additional damages, ifany, as approved by the City Administrator; and (d) in <br />circumstances where negotiation proves to be unsuccessful or has already proven to be <br />unsuccessful, condemn the Propeny under the procedures provided for in applicable MiMesota <br />Statutes, and in compliance with all requirements of said statutes, using the quick take procedure <br />set forth in Minn. Stat. ~ 117.042. <br />6. City of Elk River staft'is further authorized and directed to take all action <br />necessary to implement this authorization including obtaining appraisals or minimum damage <br />assessments of the Property to be acquired and retaining legal counsel to assist in commencing <br />. condemnation. Any actions previously taken by staff in this regard are hereby ratified and <br /> <br />. <br /> <br />affirmed. <br /> <br />Bec:kP S90'12.1 <br /> <br />4 <br />