RES 05-033
RESOLUTION NO. 05-33
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 INSTRUCTING
STAFF TO PROVIDE A LETTER CONSENTING TO ACQillSITION
IN LIEU OF CONDEMNATION
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 of a 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. 99465.01 and 465.16, and Minn Stat. 9469.124 through 469.134;
WHEREAS, the City of Elk River, by previous action, has designated Municipal
Development District No. 1 ("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 ofthe 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 the public
purpose provisions of applicable state and local laws;
S :\Resolutions\2005 Resolutions\Unapproved\Authorizing Condemnation040405.DOC
WHEREAS, the City of Elk River has established a Tax Increment Financing
Plan for the Downtown Phase I Tax Increment Financing District No. 22 (a
redevelopment district) within the Development District ("the District");
WHEREAS, the City of Elk River deems it necessary and convenient to acquire
the necessary property in the District in order to fulfill the objectives of the Development
Program, to encourage and facilitate development in the 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 of the residents
of the City of Elk River ("Objectives");
WHEREAS, the Owner of the real property described on Exhibit A ("Real
Property") hereto has agreed to convey the Real Property in lieu of condemnation by the
City pursuant to a Purchase Agreement dated January 21, 2005.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of
Elk River.
1. In order to carry out the Objectives, it is necessary to acquire fee title to
the Real Property from the fee owners.
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 District to acquire said Real Property.
4. The City of Elk River staff is further authorized and directed to take all
action necessary to acquire the Real Property and is authorized to finalize the acquisition
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of the Real Property by transmitting the letter attached hereto as Exhibit B to the Owner
of the Real Property.
The motion for adoption of the foregoing resolution was introduced by
Councilmember Kotin
and duly seconded by Councilmember
Gumphrey
, and upon a vote being taken thereon, the following voted in favor
thereof:
Mayor Klinzing, Councilmembers Farber, Gumphrey, Dietz, and Kotin
And the following voted against the same:
None
Dated: April 4, 2005
ATTEST:
(:;VJ~~
. I
JoariSc~idt, City Clerk
, l
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Exhibit A
,
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L'OOALDESCR1P'Ji'JON FOR 621 M4JN S'I'REET. ELK RIVER, MIm.TESOTA
Lot 4, Block 4, Vmage of Elk River, ~to the plat thereof 00 file and ofrecord in
the office (lfthe: Couuty Recorder in and for Shet'bumeCounty, MinnesolAand
That part of Lot 5, Block 4, Village of:GlkJtivef, described all fOllows:
Beginning at the Notthwestcomer of said 1.<< 5; thence East aloogthe North.UulI
th.cteo( 32 feet to the Street leading ftom Main Street to the Mississippi River, being the
Westl.ine ofthepropony ~ in thlt c:ertain Deed to the \.ulage of Elk. River, dared
April!7, 19<17 filed July 26, 1907, in BOOK 31 of Deeds, page 568, Sherburne COWlty
Records; tOelwe. Southerly along the west line of said street to the South line of said I..ot
5; thence Northerly along the West line of said Lot 5, to the poitrt of beginning,
And
All Qftb<lt part otLot 14, of Auditor's SubdMsion No, 4, thAt lies South of Lots 4 and S,
Block 4, the Village ofOOt River, that lies Westedy of the Westerly right-of~way line of
the $tre.etleading from Main Str=tto the Miasissippi River as above described and th:a:t
liesEtist~y of the 80uthedy extension oftbe'Weu.UneofI..ot4,Block 4, Village ofF.lk:
River to the Mississippi River.
Excepting from aU tho above describe4 P~. however, the following described
parc:d:
All that part arLoIS 4 lIIld 5, Blor.,k 4, Village of Elk Rivet, lying Northeasterly of1ho
following described line:
Beginning at a point on the NQItb line of Lot 4, Il distancc of34 fret West of the
NOl'theast comer of Lot 4, thence Southeasterly to the intersect the South line of Lot S
Block 4, village ofBlkRiver, at a poiAtofthe intersection of the South line of said Lot 5,
with the West line of the Street leading ftotn the Main Street to the Mississippi 'River, as
more fully des:crtoed above.
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Exhibit B
Dear Mr. Nadeau:
As you know the City of Elk River ("City") is engaged in the process of acquiring and
assembling the necessary real property for the Downtown Revitalization Project - Bluff
Block ("Project"). This Project includes your property located at 621 Main Street NW,
Elk River, Minnesota ("Property"). The City has determined that your Property is
necessary for the Project and the public benefits that will be realized as a result ofthe
Project.
The City has determi:(led that it will use its power of eminent domain as set forth in Minn.
Stat. ~ 412.211, Minn. Stat. 99465.01 and 465.16, and Minn Stat. 9469.124 through
469.134 to acquire your Property. Pursuant to Minnesota Statute Section 117.036, the
City is required to attempt to negotiate with you prior to condemning your Property. The
City understands that due to these negotiations, you have elected to convey your Property
in lieu of condemnation in accordance with a Purchase Agreement dated January 21,
2005. This is to confirm, however, that if you do not convey your Property in lieu of
condemnation, the City has the authority and will exercise this authority to condemn your
Property.
Thank you very much for agreeing to convey your Property voluntarily.
The City is pleased that the negotiations were successful.
Please call me with any questions.
Sincerely,
Patrick Klaers
City Administrator
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