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Of <br />City of Elk River <br />ver City Council <br />Resolution 24-50 <br />A Resolution of the City Council of the City of Elk River Authorizing the Use of <br />Eminent Domain <br />WHEREAS, the City Council of the City of Elk River does hereby determine that it is <br />necessary and for a public purpose to acquire fee title and/or permanent and temporary easements <br />over the property legally described on the attached Exhibit "A" to abate the hazardous conditions on <br />the property and to reduce the amount of abandoned property within the city; and <br />WHEREAS, Minn. Stat. § 117.025, subd. 11, defines the mitigation of blight and the <br />reduction of abandoned property to be a public purpose, and Minn. Stat. 5 463.152 authorizes the City <br />to acquire properties to address hazardous conditions; and <br />WHEREAS, City staff and consultants have and will continue to attempt to work with the <br />property owners to acquire the necessary property voluntarily; and <br />WHEREAS, the City Council finds that the public health hazard makes it necessary to acquire <br />the necessary fee title as soon as possible in order for the prevent potential injury. <br />NOW, THEREFORE, be it resolved by the City Council of the City of Elk River, <br />Minnesota: <br />1. That the City Attorney is authorized to commence eminent domain proceedings <br />pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent and <br />temporary easements over the properties identified on the attached Exhibit "A." <br />2. That the City Attorney is authorized to acquire the necessary property interests <br />pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. <br />3. That the Mayor and the City Administrator are authorized to execute all documents <br />necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property <br />interests. <br />4. The City has obtained appraisals of the property being acquired and staff is authorized <br />to continue negotiating with the any property owners relating to the acquisition of the property and <br />to acquire the property from the property owners by negotiation if possible. <br />K <br />IRE0 81 <br />TU6RE <br />232273v2 <br />