06-9802r
RESOLUTION NO. 9802
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE CERTAIN PROPERTY
FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES
WHEREAS, the City Council of the City of Richfield ("City") is the official
governing body of the City of Richfield; and
WHEREAS, the City of Richfield, a Minnesota municipal corporation, acting by
and through its City Council, is authorized by law to acquire real estate which is needed
for public use or purpose; and
WHEREAS, on October 25, 2005, the City Council approved a two-lane
roundabout design for the new intersection at 66th Street and 1 ih Avenue and a
financing plan concept for proposed improvements ("Project"); and
WHEREAS, implementation of the plans and designs for the Project requires that
the real estate described in Exhibit A attached hereto ("Subject Property") be acquired;
and
WHEREAS, interim funds are available from the Capital Improvement Reserve
Funds for the purchase of the Subject Property and related expenses; and
WHEREAS, funds from a Special Assessment Bond will be available to the City
for reimbursement of acquisition and relocation costs and related expenses; and
WHEREAS, the City desires to facilitate completion of the street reconstruction
and other activities which are contemplated by the plans and specifications for the
Project; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, and in the interest of the public health, convenience, and general welfare of
the citizens of the City that title to and possession of the Subject Property be acquired
for the furtherance of the Project; and
WHEREAS, the City Council finds that the construction schedule for the Project
makes it necessary to acquire title to and possession of the Subject Property prior to the
filing of the final report of the condemnation commissioners to be appointed by the
district court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHFIELD IN REGULAR MEETING ASSEMBLED, that it is the considered
judgment of the City Council that the Subject Property be acquired for the stated public
purposes and, if necessary, through the exercise of the power of eminent domain.
BE IT FURTHER RESOLVED, that the City Manager and the City Attorney are
authorized and directed to take all steps necessary to acquire the Subject Property by
filing an action in eminent domain, negotiation of early entry authorization, and the use
of the quick-take procedure.
BE IT FURTHER RESOLVED, that the City Manager is authorized to determine
the amount of the City's approved appraisal of value for the Subject Property pursuant
to Minn. Stat. 9117.042, the quick-take statute.
Adopted by the City Council this 25th day of July 2006.
ATTEST:
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Nancy Gibbs, C' Clerk
EXHIBIT A
Leqal Description of Real Estate to be Acquired
Property Address Leqal Description
6600 - 17th Avenue Lot 1, Block 1, Cedar Sunrise Addition, Hennepin County Minnesota
Together with all abutting streets and alleys, vacated or to be vacated,
and all easements, gaps, overlaps and gores, appurtenant thereto
6601 - 16th Avenue Lot 16, Block 1, Cedar Sunrise Addition, Hennepin County, Minnesota
Together with all abutting streets and alleys, vacated or to be vacated,
and all easements, gaps, overlaps and gores, appurtenant thereto
1614 East 66th Lot 2, Block 5, Iverson's Third Addition, Hennepin County, Minnesota
Street
Together with all abutting streets and alleys, vacated or to be vacated,
and all easements, gaps, overlaps and gores, appurtenant thereto
1620 East 66th Lot 1, Block 5, Iverson's Third Addition, Hennepin County, Minnesota
Street
Together with all abutting streets and alleys, vacated or to be vacated,
and all easements, gaps, overlaps and gores, appurtenant thereto