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.TI. ~. ~ . ~ Resolution No. 98-011 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AND 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 Statutes ~ 413.211 and Minnesota Statutes chap. 469 to acquire real estate by exercising the power of eminent domain under and pursuant to Minnesota Statutes chap. 117; 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 WHERAS, the City has acquired the Subject Property which is subject to certain easement rights in favor of Williams Pipe Line Company (the "Easement"); and WHEREAS, the legal description of the Easement is ambiguous and appears to encumber more land than is actually occupied by the pipeline; WHEREAS, the City has entered into a Contract for Private Redevelopment (the "Contract") with a developer who would purchase a portion of the Subject Property provided that the property is not encumbered by a portion of the Easement. NOW, TIIEREFORE BE IT RESQL YED, by the City Council of the City of New Brighton, as follows: 1. It is necessary to acquire a portion of the Easement as described in the attached Exhibit I! in order for the City to carry out the purposes of the Modified Development Program. 2. The City finds that it is reasonably necessary and convenient to acquire a portion of the Easement for the furtherance of public purposes and hereby authorizes the acquisition of a portion of the Easement in the manner provided by Minnesota Statutes chap. 117. 3. The City deems it necessary, in order to fulfill the City's obligations under the Contract, to proceed without delay and, if proceeding under Minnesota Statutes section 117.042, to acquire title to and possession of a portion of the Easement to do so prior to the filing of a final report of commissioners. 4. The officers, employees, and special legal counsel of the City are hereby authorized to commence and to do all things and take such actions as are necessary to prosecute to completion, on behalf and in the name of the City, litigation, including but not limited to, an action in eminent domain, -1-