Loading...
2000 HRA Resolution 0781 HRA RESOLUTION NO. 781 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 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 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 staff is authorized to review and approve the appraisal reports prepared by the independent appraisers and to make offers to the property owners based upon the appraised values of the property as approved by staff.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 18th day of September, 2000. ATTEST:Thomas E. Harms, Chairperson ______________________________ Mike Sandahl, Secretary EXHIBIT A Legal Descriptions of Properties to be Acquired Parcel 1 : Tax record owner:Mary Lee Whiting Street address:7713 Morgan Avenue South Tax parcel PID:33-028-24-33-0077 Legal Description:The south 75 feet of the North 235 feet of Tract M, Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin, as measured along the East and West line of said Tract M. Parcel 2: Tax record owner:Century Lodge No. 338 Street address:7615 Logan Avenue South Tax parcel PID:PID 33-028-24-34-0005 Legal Description:Tract A, except the South 302 feet thereof, Registered Land Survey No. 618, Hennepin County, Minnesota AND The South 176 feet of the North 349 feet of the West 5 acres of the Southeast Quarter of the Southwest Quarter, Section 33, Township 28, Range 24, Hennepin County, Minnesota Parcel 3 : Tax record owner:Leaseback Properties Limited Partnership Street address:7626-7644 Knox Avenue Tax parcel PID:PID 33-028-24-34-0009 Legal Description:The North 124 feet of the South 302 feet of Tract A, Registered Land Survey No. 618, County of Hennepin AND The South 178.00 feet of Tract A, Registered Land Survey No. 618, County of Hennepin Parcel 4: Tax record owner:Leaseback Properties Limited Partnership Street address:7701 Morgan Avenue Tax parcel PID:33-028-24-33-0094 Legal Description:That part of the Southerly 52.70 feet of the Northerly 112.7 feet of Tract M, Registered Land Survey No. 800, as measured along the East and West lines of said Tract M, Files of the Registrar of Titles, County of Hennepin, lying West of the Easterly 20.00 feet thereof.