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CITY OF PEQUOT LAKES, MINNESOTA CITY COUNCIL RESOLUTION 15-09 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PEQUOT LAKES, MINNESOTA, RELATING TO THE ACQUISITION OF CERTAIN PRIVATE REAL PROPERTY IN PEQUOT LAKES, MINNESOTA BY MNDOT AND AUTHORIZING EXECUTION OF THOSE CERTAIN REAL PROPERTY INSTRUMENTS REQUESTED BY MNDOT TO FACILITATE ACQUISITION WHEREAS, the State of Minnesota through its Department of Transportation ("MnDOT"or "State") desires to acquire, through purchase or condemnation, certain private real property currently owned by Robert Moberg(the "Moberg property"); and WHEREAS, the City of Pequot Lakes ("City")previously had an agreement with the above- referenced property owner for land irrigation purposes(the"land irrigation agreement") upon certain property described in the land irrigation agreement, as amended; and WHEREAS, the land irrigation agreement upon that certain real property described therein was originally executed in 1979 and subsequently recorded in the Office of the County Recorder, Crow Wing County, Minnesota on November 29, 1985 as Document No. 358851; and WHEREAS, the above-referenced land irrigation agreement was subsequently amended, dated February 5, 1986, and recorded in the Office of the County Recorder, Crow Wing County, Minnesota on February 13, 1986 as Document No. 360821; and WHEREAS, the land irrigation agreement by its terms runs with the land, and pursuant to the above-referenced 1986 amendment, was for a period of 20 years; and WHEREAS, the City has previously purchased the land that was subject to the land irrigation agreement, but continues land irrigation practices on such City-owned land; and WHEREAS, MNDOT has asserted that the City's continuing land irrigation practices may result in some overspray occurring upon the Moberg property sought to now be acquired by MNDOT; and WHEREAS, in order to extinguish any property interest which the City may have in the Moberg property based on the recorded land irrigation agreement, as amended, MNDOT is requesting that the City execute two Quit Claim deeds covering that certain area legally described within the requested deeds; and WHEREAS, the City, to the best of its knowledge, does not have any ownership interest in the Moberg property sought for acquisition by MNDOT, but wishes to cooperate with 1 i