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3. The City of Elk River deems it necessary for the purposes of encouraging <br />development in the Development District, increasing the tax base therein, and generally providing <br />for the health, safety, morals and welfare of its citizens to acqui~-e said Real Property. <br /> <br /> 4. Because construction of the planned roadway and utility improvements is to begin <br /> <br />in early 1999, prior to the time by which court-appointed commissioners could reasonably be <br />expected to render their award for the taking of the Real Property, the City of Elk River deems it <br />necessary to proceed without delay under Minn. Stat. § 117.042 to pay to the owners or into <br />court a sum of money to secure compensation to the owners of the real property, which amount <br />shall be equal to the City's approved appraisal value as determined by City staff. <br /> <br /> 5. The City of Elk River staffis hereby authorized and directed to execute all <br /> <br />documents and contracts necessary to acquire fee interests, permanent easements and temporary <br />construction easements over the Real Property described in Exhibit A, which actions include the <br />specific authorization to: (a) obtain appraisals or minimum damage assessments of the real <br />property interests to be acquired; (b) make written offers to affected property owners and <br />negotiate such offers to a successful conclusion; (c) acquire the real property interests needed at <br />the appraised value plus additional damages, if any, as approved by the City Administrator; and <br />(d) in circumstances where negotiation proves to be unsuccessful or has already proven to be <br />unsuccessful, condemn the real property interests needed under the procedures provided for in <br />applicable Minnesota Statutes, and in compliance with all requirements of said statutes, using the <br />quick take procedure set forth in Minn. Stat. § 117.042. <br /> <br /> 6. City of Elk River staff is further authorized and directed to take all action <br /> <br />necessary to implement this authorization including obtaining appraisals or minimum damage <br />assessments of all property interests to be acquired and retaining legal counsel to assist in <br /> <br /> 979306.1 3 <br /> <br /> <br />