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ResoDution 16- 81 <br />A Resolution of the City of Elk River Authorizing an Agreement to Purchase <br />the Release of State Highway Easements Located at the Intersection of U.S. <br />Highway 10 and Joplin Street NW <br />WHEREAS, as part of an economic development project, the city seeks to acquired vacant <br />properties located at the Southeast corner of US Hwy 10 & Joplin Street NW encumbered <br />by highway easements in favor of the State of Minnesota; and <br />WHEREAS, to acquire marketable title to the properties, the city needed to extinguish the <br />interests of the former owners and obtain the release of the highway easements; and <br />WHEREAS, by a condemnation action authorized by Resolution No. 16-32, as amended <br />by Resolution No. 16-58, the city has extinguished the interests of the former owners and <br />now owns the properties; and <br />WHEREAS, concurrent with its condemnation action, the city sought Minnesota State <br />Department of Transportation (MnDOT) approval to convey the highway easements to the <br />city; and <br />WHEREAS, on November 7, 2016, the city received MnDOT's condition approval of the <br />conveyance of the highway easements; and <br />WHEREAS, the terms of the MnDOT's offer to convey the highway easements are set <br />forth in the attached Exhibit A and include a payment of $8,060.00 and access and signage <br />restrictions; and <br />WHEREAS, the highway easement areas to be conveyed are legally described and depicted <br />in attachments in to Exhibit A ("MnDOT Easements"); and <br />WHEREAS, the city has determined that MnDOT's terms of conveyance of the highway <br />easements are reasonable and generally consistent with the city's proposed uses for the <br />properties, but that negotiations may be necessary to clarify the scope of MnDOT's signage <br />restrictions. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />City staff and the law firm of Kennedy & Graven, Chartered, as authorized and directed to <br />take all steps necessary on behalf of the city to finalize the conveyance of the MnDOT <br />easements, including without limitations, negotiating the final terms of such conveyance. <br />P O 111E 'R I I I Y <br />HA UR <br />