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<br /> i <br /> <br /> <br /> <br /> CITY COUNCIL <br /> CITY OF NEW BRIGHTON <br /> ~r <br /> ( RESOLUTION NO. 07-125 <br /> <br /> <br /> ! RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF <br /> ' CERTAIN PROPERTY FOR DEVELOPMENT PURPOSES <br /> ii <br /> WHEREAS, the City of New Brighton ("City") is a municipal corporation and subdivision <br /> of the to of Minnesota organized and operating under Minnesota law, and is authorized by Minn. <br /> Stat. § 12.211, § 465.01 and Ch. 469 to acquire real estate by exercising the power of eminent <br /> dom ' under and pursuant to Minn. Stat., Ch. 117; and <br /> f <br /> JWIH <br /> Rthe City Council of the City of New Brighton is the official governing body of <br /> the Ci of NBrighton; and <br /> WHEREAS, pursuant to Minn. Stat. Ch. 469, the City has the authority to establish <br /> devel ment districts and development projects; and <br /> 9t <br /> i <br /> JVVHEREAS, the City Council established Development District No. 1 (the "Development <br /> Distri on December 22, 1981, and thereafter enlarged it; and <br /> WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein <br /> ("Sub' Oct Property') is located within the Development District, as presently constituted, and is <br /> among <br /> parcels which may be acquired; and <br /> ~he <br /> d <br /> WHEREAS, the City Council has adopted a Restated Development Program for <br /> Devel ment District No. 1 which provides for the future use of the Subject Property; and <br /> WHEREAS, acquisition of the cell tower lease now encumbering the Subject Property, <br /> ("Celli Tower Lease") by the City is essential in order to eliminate the Cell Tower Lease as a barrier <br /> to imol mentation of the Restated Development Program; and <br /> i <br /> I WHEREAS, the City has performed all actions required by law to be performed prior to the <br /> creatiol of the Development District, and adoption of the Restated Development Program; and <br /> I WHEREAS, the City Council finds that redevelopment of the Subject Property pursuant to <br /> the p visions of the Restated Development Program is necessary, convenient, desirable, for a <br /> public urpose, in the best interests of the citizens of the City and will promote the general health, <br /> welf and safety of the community; and <br /> WHERAS, the Subject Property is located within a tax increment financing district which <br /> wasanib prized by a special law before February 1, 2006 and anytime limitation for acquisition of <br /> prope by condemnation under that special law has not expired; and <br /> i <br /> ! WHEREAS, the City Council finds that it is reasonable, necessary, proper, convenient, for a <br /> publiq ' purpose, and in the interest of the public health, safety, convenience, and general welfare of <br /> <br /> <br /> 325310v NE136-219 1 <br /> is <br />