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RESOLUTION NO. 39 <br />CITY OF ELK RIVER <br />COUNTY OF SN~RBURNE <br /> STATE OF MINNESOTA <br /> <br />A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF ELK RIVER <br />AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN <br />ACCORDANCE WITH MINN. STAT. § 117.042 <br /> <br /> WNEREA$, the City of£1k River is a statutory city orsanized and existing under the <br />laws of the State of Minnesou~ with all powers, rights and authority of a statutory city and is a <br />public body corporate and politic. <br /> <br /> WHEREAS, the City of Elk River has the authority to acquire real property by <br />condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat. <br />§§ 465.01 and 465.16, and Minn. Stat. § 469.126', <br /> <br /> WlitiREAS, the Cit~ of Elk River adopted tl~ F. lk River 1995 Comprehensive Plan <br />(''Comprehensive Plan") on D~.mber 18, 1995', <br /> <br /> WN'RREAS, the City of Elk River adopt~i the Elk River Master Park and Recreation <br />Plan as an addendum to the 1995 Comprehensive Plan in May, I997; <br /> <br /> WHEREAS, the 1997 Master Park and Recreation Plan identifies the need for an Area <br />Wide Park in the southeast portion ofthe City, along the Mississippi River, and for a trail along <br />the river with significant associated green space; <br /> <br /> WHEREAS, the Master Park and Recr~tion Plan also identifies a number of park and <br />recreation goals, including: <br /> <br /> * maintain~g open space', <br /> <br /> <br />