2000 HRA Resolution 0759
HRA RESOLUTION NO. 759
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
CERTAIN REAL PROPERTY IN THE
LYNDALE GATEWAY REDEVELOPMENT AREA
WHEREAS,
the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and
organized under law, with all of the powers enumerated in Minnesota Statutes, Sections
469.001 to 469.047 (the "Act"); and
WHEREAS,
the HRA is authorized to develop and carry out redevelopment plans and
redevelopment projects, as those terms are respectively defined in Minnesota Statutes,
Section 469.002, subdivisions 16 and 14; and
WHEREAS,
the HRA on June 14, 1999 modified a redevelopment plan (the
“Redevelopment Plan”) for the Richfield Redevelopment Project Area (the “Project Area") and
adopted a Modification to the Redevelopment Plan and adopted a tax increment financing
plan (the "TIF Plan") for a portion of the Project Area known as Interchange West and
Lyndale Gateway tax Increment Financing District; and
WHEREAS,
the Plans, as modified, contemplate the acquisition of certain real
property (the "Property") which is located in the Project Area and which is more particularly
described below in this resolution; and
WHEREAS,
the HRA has entered into a Contract for Private Redevelopment (the
"Contract") of land lying within the Lyndale Gateway portion of the Project Area (including, but
not limited to the Property); and
WHEREAS,
the Developer under the Contract is not in default of any of its obligations
thereunder, and has offered mediation to the owners of the Property who have requested it;
and
WHEREAS,
in order to meet anticipated construction deadlines for the redevelopment
project contemplated by the Contract, it is necessary for the HRA to acquire title to and
possession of the Property by the earliest date permitted in accordance with Minnesota
Statutes, 117.042.
NOW, THEREFORE, BE IT RESOLVED
by the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota as follows:
1.It is necessary to acquire the Property as described below in this resolution in
order for the HRA to carry out the purposes of the Plans, as modified, and the Act, to deal
with property which is structurally substandard and to eliminate and prevent the development
or spread of conditions of blight found to exist by the City and the HRA.
2.Acquisition of the Property by eminent domain, in the manner provided by
Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is
hereby authorized.
3.The HRA deems it necessary for the reasons set forth in the Plans, as
modified, and in order to meet anticipated construction schedules, to proceed without delay
under Minnesota Statutes, Section 117.042, to acquire title to and possession of the Property
prior to the filing of a final report of commissioners.
4.TheHRA's attorney and staff are authorized and directed to commence
eminent domain proceedings to acquire fee simple absolute title to the Property, pursuant to
Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court, a sum of
money to secure compensation to the owners of the Property, which amount shall be equal to
petitioner's approved appraisal of value for each of the respective portions of the Property, as
determined by staff.
5.The Property to be acquired is described as follows:
Address: 7601 Garfield Avenue South
Legal Description: Lot 16, Block 6, Sunset Terrace
PID # 34-028-24 33 0064
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 20th day of March, 2000.
Thomas E. Harms, Chair
ATTEST:
Michael Sandahl, Secretary