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., RESOLUTION NO. -.iliL:-056 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTIES 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, Se(.,l:ions 469.124 through 469.134 (the "Act"); and WHEREAS, the City is authorized to develop and cany out development programs as that tenn is defined in Minnesota Statutes, Section 469.125, subdivision 3; and 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 WHEREAS, the development program for Development District No. 1 contemplates the acquisition of certain real properties (the "Properties") which are located in the district and which are 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 Properties by October 1, 2000. NOW, THEREFORE, BE IT RESOLVED by the City of New Brighton, as follows: 1. It is necessary to acquire the Properties a'i described below in this resolution in order for the City to cany out the purposes of the development district. 2. Acquisition of the Properties 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 Properties 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 Properties, 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 Properties, which amount shall be equal to petitioner's approved appraisal of value as detennined by staff. 5. The Properties to be acquired are described on the attached Exhibit A. ROCKLC-181997v2 NE136-J58