RES 14-20 Cfty of
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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'
I. The City Council finds that the acquisition of the Property, pursuant to the Agreem..ent,
has no rela tion ship to the comprehensiVe municipal plan.
I Review by the Planilu-19 Comiiiission. of the acquisition of the Property is hereby
dispensed with.
I The acquisition as described in this Resolution.is hereby approved and the Mayor and
City Clerk are authorized and directed to execute all documents, and take all appropriate
measures, to acquire the Property under the terms of tbeAgreement and as further
identified in this Resolution..
Passed and adopted this 19"' day of May 2014.
11.1 ietz, ta)�t
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XITF'ST:
J'ina Allard, City Clerk
p a 9; 1 R I I I Y
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