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WHEREAS, the City Council finds that it is reasonable, necessary, proper, convenient, for a <br />. public purpose, and in the interest of the public health, safety, convenience, and general welfare of <br />the citizens of the City that title to and possession of all interests in the Subject Property be acquired <br />by the City for redevelopment in furtherance of the Project; and <br />WHEREAS, the City Council finds that the .funding and construction schedule for the <br />Project make it necessary to acquire title to and possession of the Cell Tower :Lease prior to the <br />filing of the final report of the condemnation commissioners to be appointed by the district court; <br />and <br />WHEREAS, the City is the owner of the Subject Property subject to the Cell Tower Lease <br />which lease expires in 2025 (including renewal terms); <br />WHEREAS, the City Council authorized the use of eminent domain on December 11, 2007 <br />for purposes of condemning the Cell Tower Lease; and <br />WHEREAS, the City has been negotiating with the owner of the Cell Tower Lease since <br />January 2008 and has now reached an agreement on the settlement of all claims. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New <br />Brighton, Minnesota that: <br />1. The City Council hereby approves the Stipulation of Final Settlement (Final <br />Settlement) with ACC/McCaw Cellular of Minneapolis, et. al. as described on <br />Exhibit B. <br />2. The Mayor and City Manager are hereby authorized to execute the Final Settlement <br />agreement on behalf of the City. <br />3. The City Attorney is hereby authorized to file the Final Settlement with the Court as <br />allowed by Minnesota Statutes. <br />Adopted by the City Council of the City of New Brighton, Minnesota this 28h day of April, <br />2009. <br />ATTEST: <br />Daniel Maiers, Finance Director/City Clerk <br />• <br />2 <br />Steve Larson, Mayor <br />Dean R. Lotter <br />