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`Ry of <br />ilk <br />River% -- <br />City of Elk River <br />City Council <br />Resolution 25-05 <br />A Resolution Ordering Repair or Removal <br />of Hazardous Conditions <br />WHEREAS, the City staff of the City of Elk River have attempted without success to remedy the <br />hazardous and unsafe conditions of the property located at 19116 Troy St. NW, in the City of Elk <br />River, Minnesota, with a legal description of Lot 4, Block 1, Oak Knoll, Sherburne County, Minnesota <br />(the "Subject Property"); and <br />WHEREAS, the City Council has determined that the building on the property constitutes a <br />hazardous property due to inadequate maintenance that constitutes a fire and safety hazard to public <br />safety or health within the meaning of Minn. Stat. � 463.15, subd. 3; and <br />WHEREAS, in passing Resolution 24-50 the City Council has previously determined that the <br />building on the property constitutes a hazardous property, and due to the lack of any living person <br />claiming an interest in the property directed that the property be acquired through eminent domain to <br />allow the hazardous conditions to be addressed permanently; and <br />WHEREAS, the City has since learned of possible heirs to the property, and wishes to both avoid <br />undue interference with any potential heirs' property rights as determined through the probate process <br />and ensure that the hazardous conditions on the property are addressed in a timely fashion; and <br />WHEREAS, the City will no longer be seeking to acquire the property through eminent domain <br />pending the potential resolution of ownership interests through the probate process; and <br />WHEREAS, the City Council has fully considered all evidence relating to the code violations at the <br />Subject Property. Said evidence is attached hereto as exhibits. The exhibits include the following <br />documents: <br />a. Exhibit A: Ownership and Encumbrance report for Subject Property; <br />b. Exhibit B: Photographs of the Subject Property taken during an inspection on December 5, <br />2023 <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELK RIVER, <br />MINNESOTA, MAKES THE FOLLOWING: <br />FINDINGS <br />1. The above recitals are incorporated as if fully set forth herein. <br />232825v2 <br />