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<br />t <br /> <br />RESOLUTION NO. ~ <br />THE CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AUTHORIZING EMINENT DOMAIN <br />PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY <br /> <br />WHEREAS, the City of New Brighton, Minnesota ("City") is a municipal corporation <br />and sulxlivision of the State of Minnesota organized and operating under Minnesota law, as <br />amended, and is authorized by Minnesota Statutes ~ 413.211 and Ch. 469 to acquire real estate <br />by exercising the power of eminent domain under and pursuant to Minnesota Statutes, Ch. 117; <br />and <br /> <br />'WHEREAS, the City Council has previously established a Modified Development <br />Program pursuant to Minnesota Statutes, Sections 469.001 et~; and <br /> <br />WHEREAS, the Modified Development Program contemplates the redevelopment of <br />certain real property located in the City, legally described on the attached Exhibit A, (the <br />"Subject Property") for uses consistent with the City's Comprehensive Plan; and <br /> <br />WHEREAS, the City has approved the execution of a contract for private redevelopment <br />(the "Contract") of land that includes the Subject Property; and <br /> <br />WHEREAS, the Contract requires the City to acquire title to and possession of the <br />Subject Property by the earliest date permitted in accordance with Minnesota Statutes, 117.042. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New <br />Brighton, as follows: <br /> <br />I. It is necessary to acquire the Subject Property as described below in this resolution <br />in order for the City to carry out the purposes of the Modified Development Program. <br /> <br />2. Acquisition of the Subject Property by eminent domain, in the manner provided <br />by Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is <br />hereby authorized. <br /> <br />3. The City deems it necessary, in order to fulfill the City's obligations under the <br />Contract, to proceed without delay under Minnesota Statutes, Section 117.042, to acquire title to <br />and possession of the Subject Property prior to the filing of a final report of commissioners. <br /> <br />4. The City's attorney and staff are authorized and directed to conunence eminent <br />domain proceedings to acquire fee simple absolute title to the Subject Property, pursuant to <br />Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court, a sum of money <br />to secure compensation to the owners of the Subject Property, which amount shall be equal to <br />petitioner's approved appraisal of value as determined by City staff. <br /> <br />CIIHI01714 <br />NE1J6-1J2 <br /> <br />1 <br />