2000 HRA Resolution 0787
HRA RESOLUTION NO. 787
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
WHEREAS,
the Properties consist of remnant parcels of land underlying public
streets, the owners of which the Developer has been unable to locate; 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.
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.
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 20th day of November, 2000.
ATTEST:Thomas E. Harms, Chairperson
______________________________
Mike Sandahl, Secretary
EXHIBIT A
Legal Descriptions of Properties to be Acquired
Parcel 1
:
Owner::J.E.Labo and Vera Louise Labo
th
Street address:None assigned; part of 77 Street West
Tax parcel PID:None
Legal Description:The North 60 feet of Tract M as measured along the East and West
lines of said Tract M, Registered Land Survey No. 90, Files of
Registrar of Titles, County of Hennepin (Torrens property; Certificate
of Title No. 474766)
Parcel 2:
Owner:Frank Dillon
th
Street address:None assigned, part of 77 Street West
Tax parcel PID:None
Legal Description:Tracts B and C, Registered Land Survey No. 618, Files of Registrar of
Titles, County of Hennepin. (Torrens property; Certificate of Title No.
375258)
Parcel 3:
Owner:Undetermined
th
Street address:None assigned; part of 77 Street West
Tax parcel PID:None
Legal Description:The North Thirty (30) feet of that part of the tract lying in the South half
(S ½) of the Southwest Quarter (SW ¼) of the Southwest Quarter (SW
¼) of Section Thirty Three (33), Township Twenty Eight (28), Range
th
Twenty Four (24) West, 4 Principal Meridian, and described as
follows: commencing at a point on the East line of the Southwest
Quarter (SW ¼) of the Southwest Quarter (SW ¼) of said section,
distant 897.62 feet South from the Northeast corner thereof; thence
North 711.32 feet; thence West parallel with the North line of the
Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of said
section to the West line of the East one-eighth (E 1/8) thereof; thence
South 711.31 feet; thence East parallel with said North line to the point
of beginning.
Parcel 4:
(Intentionally omitted)
1120condemn
Parcel 5:
Owner:Undetermined
th
Street address:None assigned; part of 78 Street West
Tax parcel PID:None
Legal Description:That part of the Southwest Quarter (SW ¼) of the Southwest Quarter
(SW ¼) of Section Thirty Three (33), Township Twenty Eight (28), Range Twenty
th
Four (24) West, 4 Principal Meridian, lying southwesterly of the following described
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.
And lying northerly of a line run parallel with and distant 180 feet northerly the
following described 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 minutes 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.
And lying easterly of the following described 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 a tangent to
said curve to an intersection with Line 1 described above; then 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.
said lines forming a triangle with dimensions of 226.47 feet along Line 1 and 216.21
feet along Line 2 and 59.91 feet along Line 3.
All according to the United States Government Survey thereof, and situate in
Hennepin County, Minnesota.