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WHEREAS, entry on the Sub j ect Property for environmental testing is rationally <br /> related to health, safety or welfare concerns of the City in connection with <br /> possible eminent domain proceedings; <br /> WHEREAS, TIP, the tenant of the Subject Property, permits the City's Star to enter <br /> upon the Subject Property for purposes of environmental testing; <br /> WHEREAS, despite numerous attempts by the City Attorney's office, Regor, Inc., the <br /> owner of the Subject Property, refuses to permit the City's Staff to enter <br /> upon the Subject Property for purposes of environmental testing; <br /> WHEREAS, pursuant to Minnesota Statutes Section 117.041, the City's only <br /> alternative is to pass a resolution authorizing entry upon the Subject <br /> Property for purposes of environmental testing; <br /> NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Statutes Section <br /> 117.041, City Staff shall undertake the steps necessary to ensure access to <br /> the Subject Property for purposes of investigation, monitoring, testing, <br /> surveying, boring, or other similar activities necessary or appropriate to <br /> identify the existence and extent of a release or threat of release of a <br /> hazardous substance, pollutant, or contaminant, and for preparation of a <br /> Phase I Environmental Survey and a Phase II Environmental Survey. <br /> The motion for the adoption of the foregoing resolution was duly seconded by Member <br /> and upon a vote being taken thereon, the following voted in favor <br /> thereof <br /> and the following voted against the same: <br />