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10-1082rHRA RESOLUTION NO. 1082 RESOLUTION AUTHORIZING GRANTING OF AN EASEMENT OVER AND ACROSS REAL PROPERTY LOCATED WITHIN THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT DISTRICT WHEREAS, The Housing and Redevelopment Authority (HRA) is the owner of a parcel and tract of land described in the attached Exhibit A the HRA Parcel; and WHEREAS, the HRA Parcel lies entirely within the right-of-way of Emerson Avenue South, a dedicated public road; and WHEREAS, a portion of said roadway serves as a primary access to the parcels of land located to the west and generally known as Meridian Crossings; and WHEREAS, Meridian Crossings was developed pursuant to the Redevelopment Plan for the ILN Tax Increment District; and WHEREAS, the owner of Meridian Crossings have requested that the HRA grant it anon-exclusive access easement over the portion of the HRA Parcel which serves as access to Meridian Crossings; and WHEREAS, in accordance with the requirements of state law, the HRA has held a public hearing on the request following proper notice; and WHEREAS, the HRA has received public comments and the recommendation of staff regarding the request; NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The grant of a nonexclusive easement in substantially the form of the attached Exhibit B is hereby approved. 2. The Board Chair and Executive Director are authorized to execute and deliver the easement on behalf of the HRA, and to take such other actions as may be reasonably necessary accomplish such direction. 3. Because it is substantially unlikely that the involved portion of Emerson Avenue will ever be vacated, because of the nonexclusivity of the easement, because of the location of utilities within the easement area, and because the property will continue to be owned by the HRA, the HRA deems the fair market of the easement to be $1.00. 4. The execution and delivery of the easement is conditioned upon the payment by requester of the HRA's costs and expenses incurred in connection with this matter. Execution and delivery will be deemed as conclusive evidence of the satisfaction of this requirement. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 15th day of November, 2010. ATTEST: Suza ne M. Sandahl, Chair < an Helmberger, Se` retary