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0 Brighton, Minnesota 55112-2797, Petitioner herein ("City"), and Respondent New Cingular <br />Wireless PCS, LLC ("Owner"). <br />I. RECITALS <br />1.01. The City commenced this proceeding to acquire the Owner's leasehold interest in <br />the real estate which is legally described on Exhibit A attached hereto and incorporated herein <br />("Subject Property"). <br />1.02 The Owner holds its leasehold interest in the Subject Property pursuant to a Site <br />Lease Agreement ("Lease") entered into on November 14, 1995, between Darling International <br />Corporation and ACC/McCaw Cellular of Minneapolis, and assignments of the lessee's interest <br />in the Lease among Owner's Affiliates and to Owner_ <br />1.03_ The current term under the Lease will expire December 11, 2010_ In addition, the <br />• Lease provides the Owner the opportunity to renew the Lease for renewal terms ending <br />December 11, 2025. <br />1.04. Pursuant to the Lease, the Owner (and/or its predecessors in interest) has <br />constructed and Owner operates a telecommunications facility (the "Telecommunications <br />Facility") on the Subject Property for relaying of telephone signals on behalf of Owner's <br />customers. The requirements of Owner's telecommunications system necessitate that the <br />Telecommunications Facility be relocated to a new site as close as possible to the Subject <br />Property. <br />1.05 The Owner has located and leased a new site for the Telecommunications Facility <br />(the "Relocation Site'), and has obtained the approvals necessary to move the <br />Telecommunications Facility to the Relocation Site. <br />2 <br />