03-898r
72
RESOLUTION NO. 898
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE CERTAIN REAL PROPERTIES
FOR REDEVELOPMENT PURSUANT TO THE RICHFIELD REDEVELOPMENT
PLAN
(CITY BELLA PROJECT)
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 (the "Project Area") on May 17,
1993, and said plan was approved by the Richfield City Council on June 14,1993; and
WHEREAS, the 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"); and
WHEREAS, the HRA adopted a modification to the Redevelopment Plan and
established the City Bella Redevelopment Tax Increment District (the "TIF District")
within the Project Area which has been found by the City's Planning Commission to be
consistent with the City's Comprehensive Plan, and was approved by the City Council;
and
WHEREAS, the HRA previously adopted its Resolution No. 876 authorizing
acquisition of certain real properties (the "Properties") which are located in the Project
Area and which are more particularly described in Exhibit B attached hereto; 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 HRA believes that redevelopment of the Properties as
contemplated by the Contract will promote and carry out the objectives of the Act and
of the HRA as provided in the Redevelopment Plan, will be in the vital best interests of
the City, will promote the health, safety, morals, and welfare of its residents and will be
in accord with the public purposes and provisions of the applicable state and local laws
and requirements under which activities within the Project Area have been undertaken
and are being assisted; and
WHEREAS, the HRA or the Redeveloper pursuant to the Contract, has now
acquired all of the Properties for the Project; and
WHEREAS, the Redeveloper has concluded that it inadvertently failed to identify
a small parcel of vacated street right-of-way ("Omitted Property") which it should have
requested that the HRA acquire by condemnation for the Project and the Redeveloper
has requested that the HRA authorize and direct the acquisition of the Omitted
Property by use of eminent domain proceedings; and
WHEREAS, the Redeveloper under the Contract is not in default of any of its
obligations thereunder, and the HRA is satisfied that the Redeveloper has endeavored
reasonably, but without success, to negotiate the acquisition of the Omitted Property;
and
WHEREAS, the Redeveloper has informed the HRA of the status of such efforts
and has established, to the satisfaction of the HRA, that there is no substantial
likelihood that further negotiations with the owners of the Omitted Property would be
productive; and
WHEREAS, the Redeveloper 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 Omitted
Property will be available for development when needed as contemplated by the
Contract; and
WHEREAS, except as qualified below, the HRA is satisfied, based upon the
information provided, that the Redeveloper has complied with the requirements of the
Contract concerning such request; and
WHEREAS, the HRA must receive written confirmation prior to commencing this
action that all costs associated with the condemnation will be covered by the
Redeveloper; and
WHEREAS, the HRA approved a Resolution scheduling a public hearing on Use
of Eminent Domain Proceedings to Acquire Omitted Property for Redevelopment
Pursuant to the City Bella Project on May 19, 2003; and
WHEREAS, the minimum improvements proposed to be constructed on the
Properties and Omitted Property pursuant to the Contract include 117 cooperative
housing units, a 27 -unit cooperative building, approximately 18,000 square feet of
commercial retail space, 13 single family townhomes, public plaza and parking area
related to said uses.
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 Omitted Property described on Exhibit C
and depicted on Exhibit D attached hereto in order for the HRA to carry out the
purposes of the Plan, as modified, the Act and the Contract, 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 Omitted 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 Plan, as
modified, and in order to meet anticipated construction schedules, to proceed without
undue delay to commence condemnation of the Omitted Property; provided, however,
that no action shall be served or filed until the Executive Director has been notified that
the Redeveloper has fully complied with the requirements of Sections 3.2(c) and 3.4 of
the Contract.
4. The HRA's attorney and staff are authorized to commence and prosecute
to completion eminent domain proceedings to acquire fee simple absolute title to the
Omitted Property, pursuant to Minn. Stat. Ch. 117 and 9 117.042.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 16th day of June, 20
Thomas E. Harms, Chairperson
EXHIBIT A
Legal Description of Property 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 of the Northeast corner 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 corner 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, Fair-wood Shores.
Lot 16, Block 3, "Fair-wood 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"
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.
Those portions of Graham Avenue and Circle Place, vacated or to be vacated,
lying Southeasterly of a line commencing on the most Easterly corner of Lot 6,
Block 3, Fairwood Shores and ending at the Southwesterly corner of Lot 11,
Block 1, Fairwood Shores, accruing to Condominium No. 353, commonly known
as Lake Shore Drive Condominium.
A-1
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.
A-2
Parcel 1:
Parcel 2:
Parcel 3:
EXHIBIT B
Legal Description of Portions of Property to be Redeveloped as Part of City Bella
Proiect
Which are to be Acquired bv the HRA's Use of Condemnation
("Remaining Properties")
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
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
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
Lot 17, 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. 684656.
Owner: Lake Shore Drive Condominium Association, a Minnesota non-
profit corporation
C-1
Parcel 4:
Parcel 5:
Parcel 6:
Parcel 7:
Parcel 8:
Parcel 9:
Address of Property: 6633 Lake Shore Drive
Property Tax Identification No.: 28-028-24-41-0016
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.
Those portions of Graham Avenue and Circle Place, vacated or to be
vacated, lying Southeasterly of a line commencing on the most Easterly
corner of Lot 6, Block 3, Fairwood Shores and ending at the Southwesterly
corner 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 I, 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.
C-2
EXHIBIT C
Leqal Description of Property Needed for City Bella Redevelopment
and Not Included in Previous Eminent Domain Resolution
("Omitted Propertv")
Parcel 10: 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 corner of
said Lot 1 to a point on the southwesterly line of Lot 17, Block 3, said
FAIRWOOD SHORES, distant 42.31 feet northwesterly, measured along
said southwesterly line, from the most southerly corner 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.1 055215, Office of
the Registrar of Titles, Hennepin County, Minnesota.
C-3