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<br />benefit the health, safety and welfare of the residents of the City of Elk River <br /> <br />("Objectives"). <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of' <br /> <br />Elk River. <br /> <br />1. In order to carry out the Objectives, it is necessary to acquire the fee title <br /> <br />to and easements over the real property identified in Exhibit B attached hereto ("Real <br /> <br />Property"). <br /> <br />2. The acquisition of the Real Property by the exercise of the power of <br /> <br />eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a <br /> <br />public purpose and public use as required by the United States Constitution, the <br /> <br />Minnesota Constitution and Minnesota Statutes Chapter 117 and, in particular, Minnesota <br /> <br />Statutes S~ 117.012 and 117.025, subd. 11 and is further deemed to be necessary and <br /> <br />convenient to fulfill the Objectives. <br /> <br />3. The City of Elk River deems it necessary for the Objectives to acquire said <br /> <br />Real Property by negotiation and, if necessary, the use of condemnation. <br /> <br />4. In accordance with Minnesota Statutes ~ 117.042, the City of Elk River <br /> <br />deems it necessary to proceed without delay prior to the time by which court-appointed <br /> <br />commissioners could reasonably be expected to render their award for the taking of the <br /> <br />Real Property and to pay to the owners or into Court a sum of money to secure <br /> <br />compensation to the owners of the Real Property, which amount shall be equal to the <br /> <br /> <br />city's approved appraisal value as determined by City Staff. <br /> <br />5. The City of Elk River staff is hereby authorized and directed to take all <br /> <br /> <br />actions and to execute all documents and contracts necessary to acquire the Real Property <br /> <br />2 <br />