1999 HRA Resolution 0734
HRA RESOLUTION NO. 734
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
CERTAIN REAL PROPERTY IN THE
LYNDALE GATEWAY REDEVELOPMENT AREA
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 on June 14, 1999 modified a redevelopment plan (the
“Redevelopment Plan”) for the Richfield Redevelopment Project Area (the “Project Area")
and adopted a Modification to the Redevelopment Plan and adopted a tax increment
financing plan (the "TIF Plan") for a portion of the Project Area known as Interchange West
and Lyndale Gateway tax Increment Financing District; and
WHEREAS,
the Plans, as modified, contemplate the acquisition of certain real
property (the "Property") which is located in the Project Area and which is 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 Lyndale Gateway portion of the Project Area (including,
but not limited to the Property); and
WHEREAS,
the Developer under the Contract is not in default of any of its
obligations thereunder, and has offered mediation to the owners of the Property who have
requested it; 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
withMinnesotaStatutes, 117.042.
1.It is necessary to acquire the Property 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 property which is 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 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.TheHRA's attorney and staff are authorized and directed to commence
eminent domain proceedings to acquire fee simple absolute title to 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 18th day of October ,1999.
Thomas E. Harms, Chair
ATTEST:
Michael Sandahl, Secretary
Exhibit A
Lyndale Gateway Redevelopment Area
Properties for Which Condemnation Action is Requested
Property 1
Property Address:7626 Garfield Avenue S.
Parcel Identification #:34-028-24-33-0069
Legal Description:Block 7, Lot 5, Sunset Terrace Subdivision
Property 2
Property Address:7601 Lyndale Avenue S.
Parcel Identification #:34-028-24-33-0078
Legal Description:Block 7, Lot 16, Sunset Terrace Subdivision
Property 3
Property Address:7609-13 Lyndale Avenue S.
Parcel Identification #:34-028-24-33-0077
Legal Description:Block 7, Lots 14 & 15, Sunset Terrace Subdivision
Property 4
Property Address:7615-27 Lyndale Avenue S.
Parcel Identification #:34-028-24-33-0084
Legal Description:Block 7, Lots 12 & 13, Sunset Terrace Subdivision
Property 5
Property Address:7629-33 Lyndale Avenue S.
Parcel Identification #:34-028-24-33-0074
Legal Description:Block 7, Lot 11, Sunset Terrace Subdivision