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<br /> <br />RESOLUTION NO. 88-~ <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AUTHORIZING ACQUISITION OF TITLE AND POSSESSION TO CERTAIN LANDS <br />TO BE ACQUIRED BY EMINENT DOMAIN PURSUANT TO MINNESOTA STATUTES SECTION <br />117.042 RESPECTING DEVELOPMENT DISTRICT NO.1. <br /> <br />BE IT RESOLVED by the City Council (the "Council") of the City of New <br />Brighton, Minnesota (the "City"), as follows: <br /> <br />Section 1. Recitals. <br /> <br />1.01. <br /> <br />On December 22, 1987, the Council, in order to carry out the <br />purposes and objectives of Minnesota statutes, Sections 409.124 <br />through 469.134 as amended, the Development District No.1, and <br />the Modified Development Program for said District, approved and <br />adopted a Resolution No. 87-148 determining that it was <br />necessary to acquire all those separate parcels and tracts of <br />land lying within the boundaries shown and described in exhibit <br />A attached to this resolution, by the power of eminent domain in <br />the manner provided by Minnesota Statutes, Chapter 117, as <br />amended and thereby authorized said acquisition. Such <br />determination is hereby ratified and confirmed. <br /> <br />Section 2. Authorization for Acquisition of Title and Possession <br />Pursuant to Minnesota Statutes section 117.042. <br /> <br />2.01 <br /> <br />2.02 <br /> <br />I. <br /> <br />It is necessary, in order to carry out said purposes and <br />objectives, to proceed without delay to acquire title and <br />possession to the real property described in exhibit A hereto, <br />prior to the award of the court-appointed commissioners in the <br />eminent domain proceedings pursuant to Minnesota Statutes <br />Section 117.042. <br /> <br />The Council hereby authorizes the notification of the owner(s) <br />of the intent to possess and take title and possession at least <br />90 days prior to the date on which possession is to be taken, <br />and the Council hereby authorizes payment or deposit, as <br />appropriate, of an amount equal to the City's appraisal of value <br />of the real property described in exhibit A hereto, as such <br />appraisal is approved by the City's staff, all in accordance <br />with Minnesota Statutes Section 117.042. <br /> <br />The motion for the adoption of <br />seconded by Councilmember Benke <br />the following voted in favor thereof: <br /> <br />the foregoing <br />, and upon <br /> <br />resolution was duly <br />vote taken thereon, <br /> <br />and the following voted against the same: <br /> <br />Adopted this 12th day of April, 1988. <br /> <br />ATTEST: <br /> <br /> <br /> <br />_...-/ <br /> <br /> <br />Margaret gan, <br />Finance D"rectorjCity Clerk <br /> <br />(SEAL) <br />