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.,~ .,.' ... ~ " RESOLUTION No. 97 - 027 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY. WHEREAS, the City of New Brighton, Minnesota ("City") is a municipal corporation and subdivision of the State of Minnesota organized and operating under Minnesota law, as amended, and is authorized by Minnesota Statu!es ~ 413.211 and Ch. 469 to acquire real estate by exercising the power of eminent domain under and pursuant to Minnesota Statutes, Ch. ] 17; and WHEREAS, the City Council has previously established a Modified Development Program pursuant to Minnesota Statutes, Sections 469.001 ~: and WHEREAS, the Modified Development Program contemplates the redevelopment of certain real property located in the City, legally described on the attached Exhibit A, (the "Subject Property") for uses consistent with the City's Comprehensive Plan; and WHEREAS, the acquisition and the subsequent sale or lease of the potentia] development property to private developers for development are stated objectives ofthe Development Program. NOW, THEREFORE BE IT RESOLVED, by the City Council ofthe City of New Brighton, as follows: 1. It is necessary to acquire the Subject Property as described below in this resolution in order for the City to carry out the purposes of the Modified Development Program. 2. Acquisition of the Subject Property by eminent domain, in the manner provided by Minnesota Statutes, Chapter 117, is deemed to be necessary for a public purpose and is hereby authorized. 3. The City deems it necessary, 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 Subject Property prior to the filing of a final report of commissioners. 4. The officers, employees, and legal counsel of the City are hereby authorized to commence and to do all things and take such actions as are necessary, prosecute to completion, on behalf and in the name of the City, an action in eminent domain for the purpose of acquiring fee simple absolute title to the Subject Property. 5. }~~~~bject Property to be acquired is described on the attached Exhibit A. ~?ted ihis TInd day of April, 1997. ~ Robert Benk, ayor ATTEST: ~t~age' Margaret Egan, Finance Director/City Clerk