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• 4. Because the condition of the Property is currently in violation of the City's Code of Ordinances, and in particular the City's ordinances protecting the Mississippi River Wild and Scenic Riverway, shoreland and floodplain, and is a threat to the water quality of the Mississippi River, the capacity of the Mississippi River floodplain and the integrity of the Mississippi River Wild and Scenic Riverway, the City of Elk River deems it necessary to proceed without delay under Minn. Stat. § 117.042 to pay to the owners or into court a sum of money to secure compensation to the owners of the Property, which amount shall be equal to the City's approved appraisal value as determined by City staff. 5, The City of Elk River staff is hereby authorized and directed to execute all documents and contracts necessary to acquire fee title to the Property described in Exhibit A, which actions include the specific authorization to: (a) obtain appraisals or minimum damage • assessments of the Property to be acquired; (b) make written offers to affected property owners and negotiate such offers to a successful conclusion; (c) acquire the Property at the appraised value plus additional damages, if any, as approved by the City Administrator; and (d) in circumstances where negotiation proves to be unsuccessful or has already proven to be unsuccessful, condemn the Property under the procedures provided for in applicable Minnesota Statutes, and in compliance with all requirements of said statutes, using the quick take procedure set forth in Minn. Stat. § 117.042. 6. City of Elk River staff is further authorized and directed to take all action necessary to implement this authorization including obtaining appraisals or minimum damage assessments of the Property to be acquired and retaining legal counsel to assist in commencing condemnation. Any actions previously taken by staff in this regard are hereby ratified and affirmed. Beck?550522.1 4