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<br />RESOLUTION NO. 05-33 <br />CITY OF ELK RIVER <br />COUNTY OF SHERBURNE <br />STATE OF MINNESOTA <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER <br />AUTHORIZING EMINENT DOMAIN AND INSTRUCTING <br />STAFF TO PROVIDE A LETTER CONSENTING TO ACQillSITION <br />IN LIEU OF CONDEMNATION <br /> <br />RECITIALS <br /> <br />WHEREAS, the City of Elk River is a statutory city organized and existing under <br /> <br />the laws of the State of Minnesota with all powers, rights and authority of a statutory city <br /> <br />and is a public body corporate and politic; <br /> <br />WHEREAS, the City of Elk River has the authority to acquire real property by <br /> <br />condemnation in accordance with Minnesota law including Minn. Stat. ~ 412.211, Minn. <br /> <br />Stat. 99465.01 and 465.16, and Minn Stat. 9469.124 through 469.134; <br /> <br />WHEREAS, the City of Elk River, by previous action, has designated Municipal <br /> <br />Development District No. 1 ("Development District") which Development District is <br /> <br />coterminous with the city limits of the City of Elk River; <br /> <br />WHEREAS, the City of Elk River has adopted a development program for the <br /> <br />Development District ("Development Program"); <br /> <br />WHEREAS, in accordance with the Development Program, the City of Elk River <br /> <br />has deemed it advisable to encourage development within the Development District in an <br /> <br />effort to increase the tax base ofthe City of Elk River, provide for employment <br /> <br />opportunities within the City of Elk River and otherwise benefit the health, safety, morals <br /> <br />and welfare of the residents of the City of Elk River in accordance with the public <br /> <br />purpose provisions of applicable state and local laws; <br /> <br />S :\Resolutions\2005 Resolutions\Unapproved\Authorizing Condemnation040405.DOC <br />