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0 <br /> p \\,/ <br /> • RESOLUTION NO. 39 <br /> CITY OF ELK RIVER <br /> COUNTY OF SHERBURNE <br /> STATE OF MINNESOTA <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER <br /> AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN <br /> ACCORDANCE WITH MINN. STAT. § 117.042 <br /> RECTTAI 4 <br /> WHEREAS, the City of Elk River is a statutory city organized and existing under the <br /> laws of the State of Minnesota with all powers, rights and authority of a statutory city and is a <br /> public body corporate and politic. <br /> WHEREAS, the City of Elk River has the authority to acquire real property by <br /> condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat. <br /> • §§ 465.01 and 465.16, and Minn. Stat. § 469.126; <br /> WHEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan <br /> ("Comprehensive Plan") on December 18, 1995; <br /> WHEREAS, the City of Elk River adopted the Elk River Master Park and Recreation <br /> Plan as an addendum to the 1995 Comprehensive Plan in May, 1997; <br /> WHEREAS, the 1997 Master Park and Recreation Plan identifies the need for an Area <br /> Wide Park in the southeast portion of the City, along the Mississippi River, and for a trail along <br /> the river with significant associated green space; <br /> WHEREAS, the Master Park and Recreation Plan also identifies a number of park and <br /> recreation goals, including: <br /> • maintaining open space; <br /> Beek.?590512.1 <br />