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CITY OF PEQUOT LAKES,MINNESOTA <br /> CITY COUNCIL RESOLUTION 15- <br /> A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PEQUOT <br /> LAKES, MINNESOTA,RELATING TO THE ACQUISITION OF CERTAIN PRIVATE <br /> REAL PROPERTY IN PEQUOT LAKES,MINNESOTA BY MNDOT AND <br /> AUTHORIZING EXECUTION OF THOSE CERTAIN REAL PROPERTY <br /> INSTRUMENTS REQUESTED BY MNDOT TO FACILITATE ACQUISITION <br /> WHEREAS, the State of Minnesota through its Department of Transportation("MnDOT"or <br /> "State") desires to acquire, through purchase or condemnation, certain private real <br /> property currently owned by Robert Moberg (the "Moberg property"); and <br /> WHEREAS, the City of Pequot Lakes ("City")previously had an agreement with the above- <br /> referenced property owner for land irrigation purposes (the "land irrigation <br /> agreement")upon certain property described in the land irrigation agreement, as <br /> amended; and <br /> WHEREAS, the land irrigation agreement upon that certain real property described therein was <br /> originally executed in 1979 and subsequently recorded in the Office of the County <br /> Recorder, Crow Wing County, Minnesota on November 29, 1985 as Document <br /> No. 358851; and <br /> WHEREAS, the above-referenced land irrigation agreement was subsequently amended, dated <br /> February 5, 1986, and recorded in the Office of the County Recorder, Crow Wing <br /> County, Minnesota on February 13, 1986 as Document No. 360821; and <br /> WHEREAS, the land irrigation agreement by its terms runs with the land, and pursuant to the <br /> above-referenced 1986 amendment, was for a period of 20 years; and <br /> WHEREAS, the City has previously purchased the land that was subject to the land irrigation <br /> agreement, but continues land irrigation practices on such City-owned land; and <br /> WHEREAS, MnDOT has asserted that the City's continuing land irrigation practices may <br /> result in some overspray occurring upon the Moberg property sought to now be <br /> acquired by MnDOT; and <br /> WHEREAS, in order to extinguish any property interest which the City may have in the <br /> Moberg property based on the recorded land irrigation agreement, as amended, <br /> MnDOT is requesting that the City execute two Quit Claim deeds covering that <br /> certain area legally described within the requested deeds; and <br /> WHEREAS, the City, to the best of its knowledge, does not have any ownership interest in the <br /> Moberg property sought for acquisition by MnDOT, but wishes to cooperate with <br /> 1 <br />