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City of <br />Elk <br />Fiver <br />Councilmeinber Westgaard introduced the following resolution and moved its <br />adoption: <br />Resolution 14- so <br />A Resolution of the City of Elk River Approving <br />Acceptance of a Donation of Real Property <br />WHEREAS, The Trust for Public Land, a nonprofit California public benefit corporation <br />authorized to do business in Minnesota as The Trust for Public Land, Inc. is acquiring fee <br />ownership ( "TPL ") of real property located within the City of Elk River ( "City's described on <br />the attached Exhibit "A" (the "Property'); and <br />WHEREAS, TPL desires to donate the Property pursuant to the terms of the Donation <br />Agreement dated October 6, 2014 ( "Agreement ") between the City and TPL, which Agreement <br />was approved by the Elk River City Council on October 6, 2014; and <br />WHEREAS, the City and TPL have agreed that the Property will be conveyed by TPL to the <br />City by a Limited Warranty Deed in satisfaction of Paragraph 6 of the Agreement; and <br />WHEREAS, Minn. Stat. § 465.03 requires that the donation of real or personal property be <br />accepted by a resolution of the City Council adopted by a two - thirds majority of its members. <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COTY COUNCOO_ <br />OF THE CITY OF ELK RIVER, MINNESOTA: <br />The City Council accepts the donation of the Property pursuant to the terms of <br />the Agreement. <br />2. The Mayor and City Clerk are authorized and directed to execute all documents, <br />and take all appropriate measures to acquire the Property under the terms of <br />the Agreement <br />The motion for adoption of the foregoing resolution was duly seconded by Councilmember <br />Wilson , and upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Dietz, Councilmembers Wilson, Burandt, West,gaard, and Moton <br />and the following against: None , whereupon said <br />resolution was declared duly passed and adopted. <br />The following members were present: Mayor Dietz, Counci lmembers Wilson, <br />_Burandt, Westgaard, and Motin <br />and the following absent: lone <br />P0tj(RII I <br />NA <br />