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Cfty of It Elk amkwo� PdVer Resolution 14- 20 A Resolution of the City of Ellk River Approving Acquisition of Real Property and Dispensing with Statutory Requirements for Review by Planning Commission of Acquisition WHEREAS, the City of E'1k River's Wastewarer 'I'reatment F'acihty ("WWTF") is located adjacent to Great River Energy's 1"Ilk RWer Power Station; and WHEREAS, the Ot'y has been planning for expansion of the WWI'I-' for Approxiniately ten (10) years; and WHEREAS, the City and GRI," entered into an Agreernent dated 1"'cbruary 20, 2007 ("Agreement"),whereby GRE agreed to convey to the City for the purposes of expansion of the WWT'F, the 1.4--acre parcel of property described on the attached l.","xhibit"A" (the "Propert'v"); and WHEREAS, the City and GRE have agreed that the Property will be conveyed by GRF" to the City b�, warranty deed in satisfaction of paragraph 6 of the Agreement; and WHEREAS, the parties have agreed that the costs associated with the transaction will be paid as follows: 1. 'I'lie City will bear the costs of preparing and recording the Warranty Deed and related coiwcyaticc &xtitnents; and 2. The City will bear all title insurance costs, including all title company closing costs; and 3. The parties will cacti bear their own internal costs for review, approval, negotiation and execution of the docunictits effecting the conveyance; and I WHEREAS, Minn. Stat. § 462.356, subd. 2 reqUires that the planning Commission review the City's proposed acquisitions and dispositions of property,- and WHEREAS, Minn. Stat. 462.356, subd. 2 provides for an exception from the Planning (,ori-irnission review requirement upon 2/3 vote of the City, Council dispensing with the requirement and finding that the acquisition of the property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of E,lk River, Minnesota, as follows: IN" A" 'T'U'l JR'E'