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ty of �l�t-City of Elk River River City Council Resolution 25-27 A Resolution Authorizing Execution of Quit Claim Deed To Clear Title WHEREAS, in 1977, Wallace E. Ohland and Irene D. Ohland granted a quit claim deed in favor of the Town of Elk River over certain land in Sherburne County, Minnesota as described in Document No. 140760, files of the Sherburne County Recorder (the "Larger Property"); and WHEREAS, the Town of Elk River was subsequently consolidated into the City of Elk River; and WHEREAS, in 1983, the City Council adopted Resolution No. 83-4, vacating a public utility and roadway easement over a portion of the Larger Property and also adopted Resolution No. 83-3, authorizing the conveyance of the underlying fee title to the vacated easement area to Wallace E. Ohland and Irene D. Ohland; and WHEREAS, in the 1983 vacation proceedings, the City recognized that the original intent of Document No. 140760 was to convey only an easement and not fee title to the Town (now City) and, in addition, the City desired to retain an easement over a portion of the Larger Property (the "Subject Property"); and WHEREAS, the Subject Property is described on the attached Exhibit A; and WHEREAS, Irene Ohland has requested that the City convey the underlying fee to the Subject Property to her, in order to resolve a title issue concerning the nature of title conveyed by deed Document No. 140760; and WHEREAS, the City Council desires to resolve the title issue by conveying the underlying fee title to the Subject Property to Irene D. Ohland while reserving an easement for public roadway and utility purposes over, under, across and through the entirety of the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA, as follows: 1. The City Council approves the conveyance of the underlying fee title to the Subject Property to Irene D. Ohland, reserving an easement for public roadway and utility purposes over, under, across and through the entirety of the Subject Property. 2. The Mayor and City Clerk are authorized to execute and deliver a quit claim deed to Irene D. Ohland, in accordance with paragraph 1 above. 236307v1