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11 <br /> 0ORSE ' 05 <br /> DORSEY & WHITNEY L <br /> i <br /> MEMORANDUM <br /> TO: Mayor and Members of the City Council <br /> Michael Mornson, City Manager <br /> FROM: Jerome P. Gilligan <br /> DATE: May 5, 2004 <br /> RE: HRA Resolution Authorizing Condemnation of Certain Property in Connection <br /> with the Silver Lake Development <br /> Pursuant to the terms of the Redevelopment Agreement between the HRA and Apache <br /> Redevelopment LLC, the HRA has received a request from Apache Redevelopment LLC for the <br /> HRA to authorize the acquisition by eminent domain of certain properties to be redeveloped in <br /> accordance with the Redevelopment Agreement. The proposed properties are defined in the <br /> Redevelopment Agreement as the Authority Parcels (the "Authority Parcels"), and consist of the <br /> properties owned by J.A. Cadwallader Real Estate, Inc., Village Properties (Ken Solie) and <br /> Apache Square Paramount Properties. <br /> In addition, to date the HRA has been unable to negotiate a termination of the Tires Plus <br /> lease. This lease needs to be terminated in order for the HRA to transfer the Liquor Store/Tires <br /> Plus parcel as required by the Redevelopment Agreement and the Liquor Store Purchase <br /> Agreement. Since this lease is not yet terminated it is necessary at this time for the HRA to <br /> authorize the acquisition of the interests of the lessee in the Tires Plus lease by eminent <br /> domain. The HRA is scheduled to hold a public hearing on this matter at its meeting on May 11. <br /> Under Minnesota Statutes, Section 469.012, the HRA may not adopt a resolution authorizing - <br /> condemnation unless it has first held a public hearing on the proposed condemnation. <br /> Following the public hearing I recommend that the HRA adopt a resolution authorizing <br /> the condemnation of the Authority Parcels and the interests of the lessee in the Tires Plus <br /> lease. It is expected that Apache Redevelopment LLC will be able to purchase the Authority <br /> Parcels directly, so until directed by the developer following the adoption of the resolution no . <br /> action will be taken by the HRA to commence a condemnation proceeding with respect to the <br /> Authority Parcels. However, unless the HRA is able to obtain a termination of the Tires Plus <br /> lease the HRA will need to immediately commence a condemnation proceeding with respect to <br /> such lease following adoption of the resolution. <br /> DORSEY&WHITNEY LLP <br />