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~" ~ ... ct., " " "-,I.i', O,! ,,' ",. RESOLUTION NO. 94-071 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY EMINENT DOMAIN AND AUTHORIZING THE OBTAINING OF TITLE AND POSSESSION IN ACCORDANCE WITH MINNESOTA STATUTES SECTION 117.042. 1 . RECITALS a. The City has the powers provided in Minnesota Statutes Sections 469.124 through 469.134 (the "Act"). b. Pursuant to and in furtherance of the objectives of the Act, the City has undertaken a program to promote development of certain land within the City and in this connection is engaged in carrying out its development project known as Development District No. 1 (the "Development District") in an area (the "Project Area") located in the City. c. There has been approved by the City Council, pursuant to the Act, a Development Program for the Development District, as amended (the "Development Program"). d. The acquisition and the subsequent sale or lease of the potential development property to private developers for development are stated objectives of the Development Program. e. The City has, By Resolution No. 93-131. approved the execution and delivery of a contract for private development (the "Contract") and has directed that all actions necessary to implement the Contract be undertaken with North Cities Health Care, Inc. f. The Contract provides, inter alia, that the City obtain fee title to the real estate which is the subject of the Contract and convey the same to the developer at the earliest possible date, and in no event not later than October 1, 1995. Included among the real estate which is to be acquired and conveyed is the area of land the boundaries of which are described in Exhibit A which is attached hereto and incorporated at this point (the "Land"). 2. In furtherance of the objectives of the Act. the Development Program and the City's obligations under the Contract, the City Council hereby finds that the acquisition of fee simple absolute title to the Land through and by the exercise of the power of eminent domain is necessary and appropriate in the public interest, and for the public purpose of development and as such is authorized pursuant to the Act. Page 1 of 2: