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<br />RESOLUTION NO. <br />CITY OF ELK RIVER <br />COUNTY OF SHERBURNE <br />STATE OF MINNESOTA <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER <br />AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL <br />PROPERTY IN ACCORDANCE WITH MINN. STAT. ~ 117.042 FOR THE <br />COUNTY HIGHWAY 40 CONSTRUCTION PROJECT. <br /> <br />RECITIALS <br /> <br />WHEREAS, the City of Elk River is a statutory city organized and existing under <br /> <br />the laws of the State of Minnesota with all powers, rights and authority of a statutory city <br /> <br />and is a public body corporate and politic; <br /> <br />WHEREAS, the City of Elk River has the authority to acquire real property by <br /> <br />condemnation in accordance with Minnesota law including MilUl. Stat. ~ 412.211, Minn. <br /> <br />Stat. SS 465.01 and 465.16, and Minn. Stat. SS 469.124 through 469.134; <br /> <br />WHEREAS, the City of Elk River deems it necessary, convenient and advisable <br /> <br />to facilitate the construction of a County Highway '\vithin the limits of the City of Elk <br /> <br />River from CSAH 12 to CSAH 13. <br /> <br />WHEREAS, the City of Elk River has been advised by Sherburne County that <br /> <br />the County is willing to proceed with the construction of County Highway No. 40 <br /> <br />between CSAH 12 and CSAH 13 ("County Highway 40 Project") provided that the City <br /> <br />of Elk River is willing to acquire the necessary right-of-way no later than the Federal <br /> <br />deadline of April 15, 2006; <br /> <br />WHEREAS, the City of Elk River deems it necessary and convenient to acquire <br /> <br />the property depicted on Sherburne County Highway Rigllt of Way Plat No. 30, a copy of <br /> <br />which is attached hereto as Exhibit A, for the County Highway 40 Project in order to <br />