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07 HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA H.R.A. RESOLUTION NO. 04-005 A RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY EXERCISE OF POWER OF EMINENT DOMAIN WHEREAS, the Housing and Redevelopment Authority of St. Anthony,Minnesota(the 'TIRA"), 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 HRA; 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 HRA by the HRA, the City and St. Anthony Redevelopment; and WHEREAS, St. Anthony Redevelopment has assigned to St. Anthony Retail Development LLC ("St. Anthony Retail"), all of its rights and obligations with respect to the "Commercial Element" and the acquisition of the"CUB Parcel,"(as those terms are defined in the Redevelopment Agreement), and St. Anthony Retail has assumed such rights and obligations; and WHEREAS, St. Anthony Retail 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 HRA by its powers of eminent domain of the CUB Parcel, -the CUB Restrictions and SuperValu Leasehold Rights (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, on March 9, 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 HRA proceed to acquire the fee simple interest in the CUB Parcel and CUB Restrictions appurtenant thereto,including the SuperValu Leasehold Rights (subject to the leasehold rights of the tenant occupying the CUB Parcel)under its power of eminent domain; and that if subsequently requested by St. Anthony Retail the attorneys for the HRA are instructed and directed to file the necessary petition therefor and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed or terminated by the HRA or the Court; and that the attorneys for the HRA, the Executive Director of the HRA and the officers of the BRA do all