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CITY COUNCIL <br />CITY OF NEW BRIGHTON <br />RESOLUTION NO. <br />RESOLUTION AUTHORIZING STIPULATION OF FINAL SETTLEMENT <br />BETWEEN THE CITY OF NEW BRIGHTON AND ACC/MCCAW CELLULAR. <br />OF MINNEAPOLIS, ET. AL. <br />WHEREAS, the City of New Brighton ("City") is a municipal corporation and subdivision <br />of the State of Minnesota organized and operating under Minnesota law, and is authorized by Minn. <br />Stat. § 412.211, § 465.01 and Ch. 469 to acquire real estate by exercising the power of eminent <br />domain under and pursuant to Minn. Stat., Ch. 117; and <br />WHEREAS, the City Council of the City of New Brighton is the official governing body of <br />the City of New Brighton; and <br />WHEREAS, pursuant to Minn. Stat. Ch. 469, the City has the authority to establish <br />development districts and development projects; and <br />WHEREAS, the City Council established Development District No. 1 (the "Development <br />District") on December 22, 1981, and thereafter enlarged it; and <br />WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein <br />("Subject Property") is located within the Development District, as presently constituted, and is <br />among the parcels which may be acquired; and <br />WHEREAS, the City Council has adopted a Restated Development Program for <br />Development 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 />("Cell Tower Lease") by the City is essential in order to eliminate the Cell Tower Lease as a barrier <br />to implementation of the Restated Development Program; and <br />WHEREAS, the City has performed all actions required by law to be performed prior to the <br />creation of the Development District, and adoption of the Restated Development Program; and <br />WHEREAS, the City Council finds that redevelopment of the Subject Property pursuant to <br />the provisions of the Restated Development Program is necessary, convenient, desirable, for a <br />public purpose, in the best interests of the citizens of the City and will promote the general health, <br />welfare and safety of the community; and <br />WHERAS, the Subject Property is located within a tax increment financing district which <br />was authorized by a special law before February 1, 2006 and any time limitation for acquisition of <br />property by condemnation under that special law has not expired; and <br />