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1998 HRA Resolution 0672 HRA RESOLUTION NO. 672 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY 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 adopted a redevelopment plan (the “Redevelopment Plan”) for the Richfield Redevelopment Project Area on May 17, 1993, and said plan was approved by the Richfield City Council on June 14, 1993; and WHEREAS , the HRA adopted a tax increment financing plan (the “TIF Plan”) for the area in the City of Richfield generally known as The Gramercy Redevelopment Tax Increment Financing District within the Richfield Redevelopment Project Area (the “Project Area”) which has been found by the City Planning Commission to be consistent with the City’s Comprehensive Plan, and which was approved by the City Council on June 22, 1998; and WHEREAS , the Plans, as modified, contemplate the acquisition of certain real property interests (the “Property”) which are located in the Project Area and which are more particularly described in Exhibit A, attached hereto and incorporated herein; and WHEREAS , the HRA has authorized the execution of a contract for private development (the “Contract”) of land lying within the Project Area (including, but not limited to the Property); 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 Minn. Stat. 117.042. y NOW, THEREFORE, BE ITRESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. It is necessary to acquire the real estate interests which are described in Exhibit A to this resolution (“Property”) in order for the HRA to carry out the purposes of the Plans, as modified, and the Act, to eliminate and prevent the development or spread of conditions of blight found to exist by the City and the HRA and to assure full utilization of property which is vacant, unused, underused, and inappropriately used. HRA Resolution No. 672-2- 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. The HRA’s attorney and staff are authorized and directed to commence eminent domain proceeding to acquire 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 on the attached Exhibit A. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 20th day of July, 1998. Thomas E. Harms, Chair ATTEST: Michael Sandahl, Secretary Exhibit A HRA Resolution No. 672 REAL ESTATE INTERESTS REQUIRED FOR THE PROJECT Parcel One : Property Address: 6724 Lyndale Avenue South; Labor Ready is tenant Legal Description of Property and Description of Taking: Taking in fee simple absolute. Other Information: The tenant’s interest under the lease can only be terminated by a condemnation action. The tenant would be eligible for relocation assistance paid by Gramercy, Inc. Parcel Two : Property Address: 710 Lake Shore Drive; VFW Property Legal Description of Property Interests to be Acquired: Easement in favor of Northern States Power Company burdening Parcel Two for the benefit of Parcel One. Other Information: Condemnation is needed to remove the easement. Parcel Three : Property Address: 710 Lake Shore Drive; VFW Property Property Interests to be Acquired: Drainage easement burdening Parcel Three for the benefit of Parcel Seven and other Property. Other Information: Parcel seven is the Big Wheel Rossi property at 6700-18 Lyndale Avenue. Apparently the easement was created across the VFW properly (before the VFW was constructed) to provide drainage from the Big Wheel site. Parcel Six : Property Address: Unassigned; Alley Property Interests to be Acquired: Fee simple absolute ownership of alley adjoining northeasterly side of the project for construction and for continued existence of an underground parking garage (subject to continued use of alley) and temporary easement precluding use of alley for 18-month period beginning September 28, 1998. Exhibit A HRA Resolution No. 672 page 2 Other Information: A portion of the co-op below ground parking will be constructed beneath the alley. The alley will be out of service due to excavating and construction. Once the parking facility is constructed, the alley surface will be restored for use. The co-op would own subterranean rights. Two households fronting on Lake Shore Drive require alley access for their garages. While the alley is out of service, the Contract for Private Development with Gramercy requires them to install a paved temporary alley from Graham Avenue across the HRA owned property behind Big Wheel Rossi. Gramercy is required to remove that pavement after the permanent alley is placed back in service. Parcel Seven : Property Address: 6700-6718 Lyndale Avenue South; Big Wheel Rossi Property Interests to be Acquired: Temporary construction easement over the southerly portion of Lots 1 through 5, Block 3, Fairwood Shores, adjoining and northerly of the alley (subject to owners continued use of existing building except doors opening to easement area) for purpose of grading, potential foundation shoring, anchoring and construction access for a 14-month period beginning September 28, 1998. Other Information: This easement is needed because the underground garage excavation will come within a few feet of this building which does not have a basement. Parcel Eight : Property Address: 6639 Lake Shore Drive; Residence immediately west and north of VFW. Property Interests to be Acquired: Temporary Construction Easement over Public Walk Lying Along the Northwest Side of the Site for a 18-month period beginning September 28, 1998. Other Information: This is a temporary taking of a public right-of-way between the VFW property and the single family residence. It is a sensitive issue, however, because the residents have incorporated the undeveloped right-of-way into their yard. Conversations have taken place between staff and the residents and their attorney. This is a public right-of-way by virtue of the City at same time in the past having obtained an easement from the residence and the VFW. Therefore, the underlying fee is owned by the two adjoining properties. Thus, the need for the temporary easement.