04-100 RES
RESOLUTION NO. 04-100
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL
PROPERTY IN ACCORDANCE WITH MINN. STAT. ~ 117.042 FOR THE
DOWNTOWN PHASE I TAX INCREMENT FINANCING DISTRICT NO. 22
AND TO CLEAR TITLE TO AN EXISTING CITY STREET.
RECITIALS
WHEREAS, the City of Elk River is a statutory city organized and existing under
the laws of the State of Minnesota with all powers, rights and authority ofa statutory city
and is a public body corporate and politic;
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota law including Minn. Stat. ~ 412.211, Minn.
Stat. 99 465.01 and 465.16, and Minn 9 469.124 through 469.134;
WHEREAS, the City of Elk River, by previous action, has designated Municipal
Development District No. I ("Development District") which Development District is
coterminous with the city limits of the City of Elk River;
WHEREAS, the City of Elk River has adopted a development program for the
Development District ("Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk River
has deemed it advisable to encourage development within the Development District in an
effort to increase the tax base of the City of Elk River, provide for employment
opportunities within the City of Elk River and otherwise benefit the health, safety, morals
and welfare of the residents of the City of Elk River in accordance with public purpose
provisions of applicable state and local laws;
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WHEREAS, the City Council of the City of Elk River has adopted a Tax
Increment Financing Plan for the Downtown Phase I Tax Increment Financing District
No. 22 within the Development District ("TIF District");
WHEREAS, the City of Elk River deems it necessary and convenient to acquire
the necessary property in the TIP District in order to fulfill the objectives of the
Development Program, to encourage and facilitate development in the TIF District, as
well as improving roads, utilities and other public infrastructure and to provide
employment opportunities, increase the tax base and otherwise benefit the health, safety
and welfare and morals of the residents ofthe City of Elk River ("Objectives")
WHEREAS, the real property to be acquired by the City is an existing platted
right-of-way and has been since 1868 and the underlying fee owners may claim some
right, title or interest in the real property should the City vacate said right-of-way.
WHEREAS, the City has no obligation to vacate said right-of-way, but may do
so in the future to fulfill the Objectives.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Elk River.
I. In order to carry out the Objectives, it is necessary to acquire fee title to
the real property identified in Exhibit A attached hereto ("Real Property").
2. The acquisition of the Real Property by the exercise of the power of
eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a
public purpose and is deemed to be necessary to further the Objectives.
3. The City of Elk River deems it necessary for the Objectives and
encouraging development in the TIF District to acquire said Real Property. The City of
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Elk River further deems it necessary to clear title to the underlying right-of-way by
acquiring fee title thereto.
4. Because the development of the Real Property is to begin prior to the time
by which court-appointed commissioners could reasonably be expected to render their
award for the taking of the Real Property, the City of Elk River deems it necessary to
proceed without delay under Minn. Stat. 117.042 to pay to the owners or into court a sum
of money to secure compensation to the owners of the real property, which amount shall
be equal to the city's approved appraisal value as determined by City staff.
5. The City of Elk River staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire the Real Property identified in Exhibit A,
which actions include the specific authorization to: (a) obtain appraisals or minimum
damage assessments of the real property interests to be acquired. The owners ofthe Real
Property (iflocated) shall be provided with a copy of the appraisal at least twenty (20)
days prior to presenting the condemnation petition to the Court and must be obtained
prior to commencing condemnation; (b) make written offers to affected property owners
and negotiate such offers to a successful conclusion (which negotiations and offers shall
be conducted in good faith prior to the commencement of condenmation); ( c) acquire the
real property interests needed at the appraised value plus additional damages, if any, as
approved by the City Administrator; and (d) in circumstances where negotiation proves to
be unsuccessful or has already proven to be unsuccessful, condemn the real property
interests needed under the procedures provided for in applicable Minnesota Statutes, and
in compliance with all requirements of said statutes, including using the quick take
procedure set forth in Minn. Stat. ~ 117.042.
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6. The City of Elk River staff is further authorized and directed to take all
action necessary to implement this authorization including obtaining appraisals or
minimum damage assessments of all property interests to be acquired and retaining legal
counsel to assist in commencing condemnation. Any actions previously taken by staff in
this regard are hereby ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by
Councilmember Tveite
and duly seconded by Councilmember
Motin
, and upon a vote being taken thereon, the following voted in favor
thereof:
Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
And the following voted against the same:
None
Dated: December 6, 2004
- ,
ATTEST:
;1l./~
Schmidt
, City Clerk
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EXHIBIT A
REAL PROPERTY
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