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06 HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY,MINNESOTA. RESOLUTION NO. 04-007 WHEREAS, the Housing and Redevelopment Authority of St. Anthony, Minnesota.(the "HRA"), a body politic and corporate under the laws of the State of Minnesota,has adopted a redevelopment plan entitled"Redevelopment Plan for Redevelopment Project Area No. 3,"together with certain modifications thereto (as so modified; the"Redevelopment Plan"), which establishes Redevelopment Project Area No. 3 of the BRA; and WHEREAS, the HRA, the City of St. Anthony,Minnesota(the"City") and Apache Redevelopment LLC ("St. Anthony Redevelopment"),have entered into a Redevelopment Agreement, dated December 19, 2003 (the "Redevelopment Agreement"), which provides for the development and redevelopment of property in Redevelopment Project Area No. 3 of the BRA by the HRA, the City and St. Anthony Redevelopment; and WHEREAS, St. Anthony Redevelopment has determined that in order to perform its obligations under the Redevelopment Agreement it will be necessary for the HRA to commence the proceedings for the acquisition by the BRA by its powers of eminent domain of the Authority Parcels (as those terms are defined in the Redevelopment Agreement), and pursuant to the terms of the Redevelopment Agreement has given the HRA a request to adopt a resolution commencing such action; and WHEREAS, in order for the BRA to perform its obligations under the Redevelopment Agreement it will be necessary for the HRA to commence the proceedings for the acquisition by the BRA by its powers of eminent domain of the rights of the lessee.,if any, under the Lease Agreement between the HRA and Ronald and Judith Rasmussen,dba Tires Plus, as lessee with respect to property located at 3800 Silver Lake Road (the "Tires Plus Lease") and pursuant to the terms of the Redevelopment Agreement has given the BRA a request to adopt a resolution commencing such action; and WHEREAS, on May 11, 2004, the Board of Commissioners of the HRA held a public hearing on the proposed acquisition of such property by the HRA by its power of eminent domain; NOW, THEREFORE,BE IT RESOLVED, that in order to provide for the redevelopment of the property in Redevelopment Project Area No. 3 that is subject to the Redevelopment Agreement in a manner that would meet the objectives and purposes of the Redevelopment Plan, the BRA proceed to acquire all right title and interest to the Authority Parcels and to the rights of the lessee, if any, under the Tires Plus Lease under its power of eminent domain; and the attorneys for the BRA are instructed and directed to file the necessary petition therefor with respect to the Tires Plus Lease, and to file the petition therefore with respect to any of the Authority Parcels at the direction of St. Anthony. Redevelopment in accordance with the terms of the Redevelopment Agreement, and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed or terminated by the BRA or the Court; and that the attorneys for the BRA, the Executive Director of the BRA and the officers of the BRA do all things necessary to be done in the commencement,prosecution and successful termination of such eminent domain proceeding.