Book #83 6-29-99 -12-22-99 Rpt # 99-152

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CITY OF NEW BRIGHTON COUNTY OF RAMSEY RESOLUTION NO.99- 4111 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY WHEREAS, the City of New Brighton, Minnesota (the "City") is a municipal corporation under the laws of Minnesota, with all of the powers enumerated in Minnesota Statutes, Sections 469.124 through 469.134(the "Act"); and 11 WHEREAS, the City is authorized to develop and carry out development programs as that term is II defined in Minnesota Statutes, Section 469.125, subdivision 3; and j WHEREAS, the City has established a development district (Development District No. 1) within the City and has,within the development district,created Tax Increment District No.26;and IWHEREAS, the development program for Development District No. 1 contemplates the acquisition of certain real property (the "Property") which is located in the district and which is more particularly described below in this resolution; and WHEREAS, the City has approved the execution of a contract for private redevelopment (the "Contract")of land lying within the Project Area; and WHEREAS,the Contract requires the City to acquire title to and possession of the Property by April 1, i; 2000. • ! NOW,THEREFORE,BE IT RESOLVED by the City of New Brighton, as follows: 1. It is necessary to acquire the Property as described below in this resolution in order for the City to carry out the purposes of the development district. 2. Acquisition of the Property by eminent domain, in the manner provided by Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is hereby authorized. 3. The City deems it necessary for the reasons set forth in the development program, and in order to fulfill the City's obligations under the Contract, to proceed without delay under Minnesota Statutes, Section 117.042, to acquire title to and possession of the Property prior to the filing of a final report of commissioners. 4. The City's attorney and staff are authorized and directed to commence eminent domain proceedings to acquire fee simple absolute title to the Property, pursuant to Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court, a sum of money to secure compensation to the owners of the Property, which amount shall be equal to petitioner's approved appraisal of value as determined by staff. 5. The Property to be acquired is described on the attached Exhibit A. Adopted this 1414 day of December, 1999. ATTEST: • Robert Benke, Mayor Margaret Egan, Finance Director/City Clerk Matthew Fulton,City Manager (SEAL) ' l:1SHARED\COUNCIL'RESOLUTll1999199-CDIEminent Domain-Tom Thumb.wpd