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2000 HRA Resolution 0771 HRA RESOLUTION NO. 771 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTIES 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 City of Richfield on June 14, 1993 adopted a redevelopment plan (the “Redevelopment Plan”) for the Richfield Redevelopment Project Area (the “Project Area”), and on June 14, 1999 adopted a modification to the Redevelopment Plan and established the Interchange West and Lyndale Gateway Tax Increment Financing District (the “TIF District”). WHEREAS, the Plans, as modified, contemplate the acquisition of certain real properties (the "Properties") which are located in the Project Area and which are 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 TIF District portion of the Project Area (including, but not limited to the Properties); and WHEREAS, the Developer under the Contract is not in default of any of its obligations thereunder, and the HRA is satisfied that the Developer has endeavored reasonably, but without success, to negotiate the acquisition of the Properties; and WHEREAS, the Developer has informed the HRA of the status of such efforts and has established, to the satisfaction of the HRA, that there is no substantial likelihood that further negotiations would be productive; and WHEREAS, the Developer has requested that, in accordance with the terms of the contract, the HRA commence eminent domain proceedings, and that such proceedings be undertaken as soon as possible so as to assure that the Properties will be available for development when needed; and WHEREAS , the HRA is satisfied, based upon the information provided, that that the Developer has complied with the requirements of the Contract concerning such request; and WHEREAS , the HRA has retained qualified independent appraisers to estimate the market value of the Properties and immovable fixtures located on the Properties; and WHEREAS , the HRA has authorized its staff to make an offer to purchase the Properties based on the appraised value of the Properties as approved by staff; and WHEREAS , the HRA wishes to ensure that the owners of the Properties are allowed a reasonable period of time to respond to said offer. 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 Properties 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 properties that are 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 Properties 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 undue delay to commence condemnation of the Properties. 4.TheHRA's attorney and staff are authorized to commence and prosecute to completion eminent domain proceedings to acquire fee simple absolute title to the Properties, provided that eminent domain proceedings shall not be commenced until at least 14 days after the HRA’s attorney or staff has mailed an offer to purchase the Properties to the fee owners of the Properties. The HRA’s attorney and staff are authorized to delay commencement of proceedings beyond said 14-day period if they deem it to be in the HRA’s interests or in the interests of facilitating a negotiated settlement of the Properties between the property owners and the developer. 5.The Properties to be acquired are described on the attached Exhibit A. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 17th day of July, 2000. _________________________________ Thomas E. Harms, Chairperson ATTEST: ______________________________ Mike Sandahl, Secretary EXHIBIT A Legal Description of Properties to be Acquired Parcel 1 : Tax record owner:Walser Auto Sales, Inc. th Street address:2024, 2026, 2022, 2020 and 2016 –78 Street West, Richfield Tax parcel PID:33-028-24-33-0065, -0066, -0067, -0068, -0069, 0070 Legal Description:Tracts A, B and D, except the West 30 feet of said tracts, as measured along the North and South lines thereof; Tracts E, F and G, Registered Land Survey No. 800, Hennepin County, Minnesota. Parcel 2: Tax record owner:R. J. Walser th Street address:2100 – 78 Street West, Richfield Tax parcel PID:33-028-24-33-0011 Tract A Legal Description: All of Tract C and the West 30 feet of Tracts A, B and D as measured along the North and South lines thereof, Registered Land Survey No. 800, Hennepin County, Minnesota. Tract B : The West 141.38 feet of the East 235.63 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHardy’s Addition; thence Easterly to the Southeast corner of McHardy’s Addition; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. Tract C : The East 94.25 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right- of- way line of Interstate Highway No. 494.That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHardy’s Addition; thence Easterly to the Southeast corner of McHardy’s Addition; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. Tract D : That part of the following described property lying West of the East 235.63 feet thereof as measured at right angles to the East line thereof: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No. 494.That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHardy’s Addition; thence Easterly to the Southeast corner of McHardy’s Addition; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from Southwest corner of said Section 33; thence West 328 feet to the point of beginning. Parcel 3 : Tax record owner:R. J. Walser Street address:7701 Newton Avenue South, Richfield Tax parcel PID:33-028-24-33-0009 Legal Description:The North 166 feet of the East 59 feet of the South half of the following described premises: Beginning at a point 656 feet East of the Southwest corner of Section 33, Township 28 North, Range 24 th West of the 4 Principal Meridian; thence running North a distance of 1312.96 feet; thence East a distance of 163.8 feet; thence South a distance of 1312.77 feet; thence West a distance of 164 feet to the point of beginning. Parcel 4 : Tax record owner:R. J. Walser th Street address:2000 – 78 Street West, Richfield Tax parcel PID:33-028-24-33-0007 Legal Description:That part of the Southwest Quarter of the Southwest Quarter of th Section 33, Township 28 North, Range 24 West of the 4 Principal Meridian described as follows: Commencing at a point 820 feet East of the Southwest corner of said Section 33; thence North a distance of 656.28 feet; thence East a distance of 163 feet; thence South a distance of 656.28 feet; thence West a distance of 164 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Parcel 5: Tax record owner:R. J. Walser Street address:7701 Penn Avenue South, Richfield Tax parcel PID:33-028-24-33-0013 Legal Description:The South one half of the following described tract of land: That part of the Southwest Quarter of the Southwest Quarter (SW 1/4. of SW 1/4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and also excepting all other public streets and highways; except all that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the Northeasterly right of way line of Trunk Highway No. 494; thence Northwesterly along the North right of way line of Trunk highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies Northerly, Northeasterly and Easterly of the following described Line A: From a point on the west line of said Section 33, distant 535.26 feet north of the southwest corner thereof; thence run easterly at an angle of 88 degrees 30 minutes with said west section line (measured from north to east) for 33.01 feet to the point of beginning of the line to be described; thence continue easterly on the last above described course for 117.43 feet; thence deflect to the right on a curve having a radius of 62 feet (delta angle 91 degrees 30 minutes) for 99.01 feet; thence on tangent to said curve for 210 feet and there terminating and which lies Northeasterly of the following described Line B: Beginning at a point on a line run parallel with and 33 feet easterly from the west line of said Section 33, distant 31.37 feet northerly of its intersection with the above described Line A; thence run southeasterly to a point on the above described Line A distant 31.37 feet easterly of said intersection and there terminating. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. Parcel 6 : Tax record owner:R. J. Walser Street address:7745 Penn Avenue South, Richfield Tax parcel PID:33-028-24-33-0014 Tract A Legal Description: All that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the west line of said Section and the northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the northeasterly right of way line of Trunk Highway No. 494; thence northwesterly along the North right of way line of Trunk Highway No. 494 a distance of 173.89 feet, more, or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies southerly, southwesterly, and westerly of the following described Line A: Beginning at the southwest corner of said Section 33; thence northerly along the west line of said Section 33 a distance of 501.24 feet, to the point of beginning of the line to be described; thence easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence southeasterly along the tangential curve, concave to the southwest, radius 53 feet, delta angle 91 degrees, 30 minutes, a distance of 84.64 feet; thence southerly along the tangent of said curve a distance of 180 feet, more or less, to the northeasterly right of way line of said Trunk Highway No. 494 as defined by Document No. 3419310 and there terminating; and which lies southeasterly of the following described line B: Beginning at a point on a line drawn parallel with and 33 feet easterly from the west line of said Section 33 distant 30 feet southerly from the point of intersection of said parallel line with Line A; thence northeasterly to a point on Line A distant 30 feet easterly from the point of intersection of said parallel line and Line A. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. Tract B : That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning at the point of intersection of Line 1 described below with a line run parallel with and distant 60 feet east of the west line of said Section 33; thence run south on said 60 foot parallel line for 80 feet; thence run southeasterly to the point of intersection of a line run parallel with and distant 180 feet northerly of Line 2 described below, with Line 3 described below; thence run northerly on said Line 3 to its intersection with said Line 1; thence run northwesterly on said Line 1 to the point of beginning. Line 1: Beginning at a point on a line run parallel with and distant 656 feet east of the west line of said Section 33, distant 120 feet north of the south line of said Section 33; thence run northwesterly to a point on the west line of said Section 33, distant 355 feet north of the southwest corner thereof and terminating. Line 2: From a point on the southwest corner of said Section 33, run easterly at an angle of 89 degrees 46 minutes 00 seconds from the west line of said Section 33 (measured from north to east) for 1359.14 feet to the point of beginning of Line 2 to be described; thence run westerly on the last described course for 89.23 feet; thence deflect to the right on a 00 degree 30 minute 00 second curve (delta angle 04 degrees 39 minutes 00 seconds) for 930 feet; thence on tangent to said curve for 77.19 feet; thence deflect to the left on a 01 degree 00 minute 00 second curve (delta angle 07 degrees 31 minutes 48 seconds) for 753 feet and there terminating. Line 3: Beginning at a point on the west line of said Section 33, distant 501.24 feet north of the southwest corner thereof; thence run easterly at an angle of 91 degrees 30 minutes 00 seconds from said west section line (measured from south to east) for 125.65 feet; thence deflect to the right on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes 00 seconds) for 84.64 feet; thence on tangent to said curve to an intersection with Line 1 described above; thence run southerly to a point distant 165 feet northerly (measured at right angles) to a point on Line 2 described above distant 656.32 feet easterly of its point of termination and there terminating. Together with all rights in and to any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. Parcel 7 : Tax record owner:City of Richfield Unrecorded Lease:Walser Corporation th Street address:Part of 78 Street, between Penn and Morgan Avenues, Richfield Tax parcel PID: TRACT A Legal Description: That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter of Section 33; thence Easterly along the South line of said Southwest Quarter of the Southwest Quarter of Section 33 a distance of 656.00 feet, more or less, to the West line of Registered Land Survey No. 800, files of the Registrar of Titles, County of Hennepin; thence Northerly along said West line of Registered Land Survey No. 800 a distance of 108.00 feet to the actual point of beginning of the easement to be described; thence continuing Northerly along said West line of Registered Land Survey No. 800 a distance of 12.00 feet, more or less, to the Northeasterly right of way line of Trunk Highway No. 494, as defined by Doc. No. 3419310; thence on an assumed bearing of N70°30'28"W along said Northeasterly right of way line a distance of 118.94 feet; thence S17°41'59"West a distance of 10.54 feet; thence S27°18'01"E a distance of 28.28 feet; thence S72°18'01"E a distance of 8.50 feet; thence S78°44'02"E a distance of 46.48 feet; thence S84°18'32"E a distance of 48.93 feet, more or less, to the actual point of beginning. Tract A contains 2,673 square feet or .061 acres. TRACT B That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter of Section 33; thence Easterly along the south line of said Southwest Quarter of the Southwest Quarter of Section 33 a distance of 656.00 feet, more or less, to the West line of Registered Land Survey No. 800, files of the Registrar of Titles, County of Hennepin; thence Northerly along said West line of Registered Land Survey No. 800 a distance of 120.00 feet, more or less, to the Northeasterly right of way line of Trunk Highway No. 494, as defined by Doc. No. 3419310; thence on an assumed bearing of N70°30'28" W along said Northeasterly right of way line a distance of 148.96 feet to the actual point of beginning of the easement to be described; thence continuing N70°30'28"W along said Northeasterly right of way line a distance of 299.08 feet; thence S26°29'40"E a distance of 35.56 feet; thence S67°09'46"E a distance of 171.25 feet; thence S72°18'01"E a distance of 83.58 feet; thence N62°41'59"E a distance of 28.28 feet; thence N 17°41'59" E a distance of 11.48 feet, more or less to the actual point of beginning. Parcel B contains 8603 square feet or 0.197 acres.