03-895r
69
RESOLUTION NO. 895
RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
SCHEDULING A PUBLIC HEARING ON USE OF EMINENT DOMAIN
PROCEEDINGS TO ACQillRE PROPERTY FOR REDEVELOPMENT
PURSUANT TO THE CITY BELLA PROJECT
WHEREAS, The Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota ("HRA") has received a proposal from Gramercy Corporation ("Redeveloper") to
redevelop certain real estate in the City of Richfield (which real estate is legally described in Exhibit
A attached hereto) as the "City Bella Project" (referred to herein as "Project").
WHEREAS, pursuant to the earlier request of Redeveloper, the HRA authorized the
acquisition by eminent domain proceedings of the properties described on Exhibit B attached hereto
("Properties").
WHEREAS, Redeveloper has represented to HRA staff that agents of Redeveloper have
now identified a parcel which Redeveloper should previously have requested be acquired by
condemnation but which Redeveloper inadvertently previously overlooked and now deems to be
necessary for the Project ("Omitted Property").
WHEREAS, Redeveloper also represents that, due to the method of property ownership, it
may be difficult for the owner to deliver required consent to sale of the Omitted Property without
use of eminent domain proceedings.
WHEREAS, Redeveloper has submitted a written request to HRA that the HRA Board of
Commissioners authorize acquisition of the Omitted Property by eminent domain proceedings and
conveyance of the Omitted Property to Redeveloper for redevelopment as part of the Project
pursuant to agreements between HRA and Redeveloper.
WHEREAS, prior to commencement of eminent domain proceedings pursuant to Minn.
Stat. Section 469.012, a housing and redevelopment authority is obliged to hold a public hearing on
the question of whether it should authorize commencement of such proceedings.
WHEREAS, Redeveloper has requested that the HRA Board of Commissioners schedule
such a public hearing to be held at its meeting of June 16, 2003.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the
Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, that the
Executive Director of the Authority is authorized and directed to publish notice in a newspaper of
general circulation in the City of Richfield, that a public hearing will be held by the Board of
Commissioners of the HRA on June 16, 2003, beginning at 7:00 p.m. in the Richfield City Hall,
6700 Portland Avenue South, Richfield, MN 55423, to hear public comment on the question of
whether the HRA Board shall authorize and direct the acquisition of the Omitted Property,
including by use of eminent domain proceedings, for redevelopment thereof in furtherance of the
proposed Project. Said notice shall be published at least one time not less than ten days nor more
than 30 days prior to the date ofthe hearing. The notice must reasonably describe the property to be
acquired and state that the purpose of the hearing is to consider acquisition by exercise of the
Authority's powers of eminent domain. Not less than ten days before the hearing, notice of the
hearing must also be mailed to the owner of each parcel proposed to be acquired but failure to give
mailed notice or any defects in the notice does not invalidate the acquisition. F or the purpose of
giving mailed notice, owners are determined in accordance with section 429.031, subdivision 1,
paragraph (a).
Approved by the Board of Commissioners of the Housing and Redevelopment Authority in
and for the City of Richfield, Minnesota, the 19th day of May, 2003.
llomas E. Harms, Chairperson
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v
EXHIBIT A
Legal Description of Pro pert v Proposed to be Redeveloped as Part of City Bella Proiect
Lots 1 and 2, Block 1; Lots 11 to 17 inclusive, Block 1, Fairwood Shores, according
to the plat thereof on file or of record in the Office of the Registrar of Titles in and
for Hennepin County, Minnesota.
Lots 3, 4 and 18; Lot 19, except that part of the North 5.0 feet thereof lying East of a
line drawn South at right angles to the North line of said Lot from a point thereon
distant 32.0 feet West ofthe Northeast comer of said Lot; and except that part of the
Easterly 10.0 feet of said Lot lying Northeasterly of a line drawn Northwesterly at
right angles to the Easterly line of said Lot from a point thereon distant 52.0 feet
South of the Northeast comer thereof, Block 1, Fairwood Shores, according to the
plat thereof on file or of record in the Office of the Registrar of Titles in and for said
County.
Lots 1,2 and 3, Block 2, Fairwood Shores.
Lots 1 and 2, Block 3, "Fairwood Shores".
Lots 3, 4 and 5, Block 3, Fairwood Shores.
Lot 16, Block 3, "Fairwood Shores", according to the plat thereof on file and of
record in the Office of the Registrar of Titles in and for said County of Hennepin,
State of Minnesota.
Lot 17, Block 3, Fairwood Shores, according to the plat thereof on file or of record
in the Office of the Registrar of Titles in and for said County.
Lot 18, Block 3, "Fairwood Shores".
A-I
EXHIBIT B
Legal Description of Portions of Property to be Redeveloped as Part of City Bella Proj ect
Which are Proposed to be Acquired by the HRA's Use of Condemnation ("Remaining Parcels")
Lots 1,2 and 3, Block 2, Fairwood Shores, according to the map or plat thereof on
file in the Office of the Registrar of Titles in and for Hennepin County, Minnesota
Parcel 1:
Together with adjacent street or alleys vacated or to be vacated, accruing thereto.
Being registered property pursuant to Certificate of Title No. 715782.
Owner: Sharon Trestman
Address of Property: 6630 Lyndale Avenue South
Property Tax Identification No.: 27-028-24-32-0005
Parcel 2:
Lots 1 and 2, Block 3, Fairwood Shores, according to the map or plat thereof on file
in the Office of the Registrar of Titles in and for Hennepin County, Minnesota
Together with adjacent street or alleys vacated or to be vacated, accruing thereto.
Being registered property pursuant to Certificate of Title No. 770971.
Owner: Triple S. Investments, a Minnesota general partnership
Address of Property: 6700 Lyndale Avenue South
Property Tax Identification No.: 27-028-24-32-0006
Parcel 3:
Lot 17, Block 3, F airwood Shores, according to the map or plat thereof on file in the
Office of the Registrar of Titles in and for Hennepin County, Minnesota
Together with adjacent street or alleys vacated or to be vacated, accruing thereto.
Being registered property pursuant to Certificate of Title No. 684656.
Owner: Lake Shore Drive Condominium Association, a Minnesota non-profit
corporation
Address of Property: 6633 Lake Shore Drive
Property Tax Identification No.: 28-028-24-41-0016
Parcel 4:
Those portions of Auto Lane and Lake View Walk, vacated or to be vacated,
accruing to Condominium No. 353, commonly known as Lake Shore Drive
Condominium.
B-1
Parcel 5:
Parcel 6:
Parcel 7:
ParcelS:
Parcel 9:
Those portions of Graham Avenue and Circle Place, vacated or to be vacated, lying
Southeasterly of a line commencing on the most Easterly comer of Lot 6, Block 3,
Fairwood Shores and ending at the Southwesterly comer of Lot 11, Block 1,
Fairwood Shores, accruing to Condominium No. 353, commonly known as Lake
Shore Drive Condominium.
Those portions of Lakeview Walk and Auto Lane, vacated or to be vacated, accruing
to Lot 1, Block 1, Gramercy Park Richfield.
Those portions of Graham Avenue and Auto Lane, vacated or to be vacated,
accruing to Lots 1 and 2, Block 3, Fairwood Shores.
Those portions of Graham Avenue and Circle Place vacated or to be vacated,
accruing to Lots 1,2 and 3, Block 2, Fairwood Shores.
Those portions of Auto Lane, vacated or to be vacated, accruing to Lot 17, Block 3,
Fairwood Shores.
B-2
Parcel 10:
EXHIBIT C
Legal Description ofPropertv Needed for Citv Bella Redevelopment
and Not Included in Previous Eminent Domain Resolution
("Omitted Propertv")
That part of vacated Lake Shore Drive, as dedicated in the plat of FAIRWOOD
SHORES, Hennepin County, Minnesota, which lies northwesterly of the
northwesterly line of Lot 1, Block 1, GRAMERCY PARK RICHFIELD, which lies
southeasterly of the center line of Lake View Walk, said FAIRWOOD SHORES,
and its southwesterly extension, and which lies northeasterly of a line drawn from
the most westerly comer of said Lot 1 to a point on the southwesterly line of Lot 17,
Block 3, said F AIRWOOD SHORES, distant 42.31 feet northwesterly, measured
along said southwesterly line, from the most southerly comer of said Lot 17.
Together with adjacent streets and alleys, vacated or to be vacated, accruing thereto,
and together with appurtenant easements.
Being registered land pursuant to Certificate of Title No. 1055215, Office of the
Registrar of Titles, Hennepin County, Minnesota
C-1