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2000 HRA Resolution 0785 HRA RESOLUTION NO. 785 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 a qualified independent appraiser to estimate the market value of 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; and WHEREAS, the Contract contemplates acquisition of all properties necessary for the project, including the Properties, by February 1, 2001; and WHEREAS, in order to meet completion deadlines set forth in the Contract, construction on the Project is scheduled to commence on or about April 30, 2001; and WHEREAS, in order to the construction deadlines for the redevelopment project contemplated by the Contract, it is necessary for the HRA to acquire title to and possession of the Properties in accordance with MinnesotaStatutes, 117.042; and WHEREAS, the HRA desires that property owners and tenants be given as much advance notice of the so-called “quick-take” date as possible. 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, to commence condemnation of the Properties. 4.TheHRA's staff is authorized to review and approve the appraisal reports prepared by the independent appraiser and to make offers to the property owners based upon the appraised values of the properties as approved by staff. 5.TheHRA deems it necessary, in order to meet anticipated construction schedules, to acquire title to and possession of the Properties prior to the filing of a final report of commissioners, in accordance with Minnesota Statutes, Section 117.042. 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, pursuant to Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court a sum of money equal to the HRA’s approved appraisal of value for the Properties, as determined by staff. Provided, however, that eminent domain proceedings shall not be commenced until at least 14 days after the HRA’s attorney or staff has mailed offers 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. 7.TheHRA’s attorney and staff are authorized to establish the so-called “quick-take” date at the latest date that can be negotiated with the developer. The date of possession shall be not earlier than February 1, 2001 (as contemplated by the Contract) and shall not be later than April 30, 2001 (the construction commencement date necessary to complete the required improvements by the deadline established in the Contract). 8.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 th Richfield, Minnesota this 16 day of October, 2000. ATTEST:Joan Helmberger, Vice-Chairperson ______________________________ Mike Sandahl, Secretary EXHIBIT A Legal Descriptions of Properties to be Acquired Parcel 1 : Tax record owner:South Court, L.L.C. th Street address:2015 West 77 Street Tax parcel PID:33-028-24 33 0008 Legal Description:The South half of the following described premises: Beginning at a point on the South line of said sections 656 feet East of the Southwest corner of Section 33, Township 28, Range 24; thence running North 1312.96 feet; thence East 163.8 feet; thence South 1312.77 feet; thence West 164 feet to the point of beginning, except the South 328.4 feet thereof, and except the North 166 feet of the East 59 feet, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Parcel 2: Tax record owner:Klos Family Limited Partnership Street address:7601 Logan Avenue South Tax parcel PID:33-028-24 34 0006 Legal Description:The North 173.00 feet of the North half of the West 5 acres of the Southeast Quarter of the Southwest Quarter, Section 33, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota