02-872r
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RESOLUTION NO. 872
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 ACQUIRE PROPERTY FOR REDEVELOPMENT
PURSUANT TO THE L YNDALE GA TEWA Y WEST PROJECT
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota ("HRA") has received a proposal from Lyndale Gateway, LLC
("Redeveloper") to redevelop certain real estate in the City of Richfield (which real
estate is legally described in Exhibit A attached hereto) as the "Lyndale Gateway West."
WHEREAS, Redeveloper has represented to HRA staff that agents of
Redeveloper have tendered offers to purchase the parcels of said real estate which are
legally described on Exhibit B attached hereto ("Remaining Parcels") to the owners of
the Remaining Parcels and that either the owner refused to accept the offer to
purchase, the owner failed to respond to the offer to purchase, the owner accepted the
offer but requested commencement of eminent domain proceedings to enable the
owner to deliver marketable title to the owner's real estate, or due to the method of
property ownership, it may be difficult for the owner to deliver required consent to sale
of the 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 Remaining Parcels by eminent
domain proceedings and conveyance of the Remaining Parcels to Redeveloper for
redevelopment as part of the Lyndale Gateway West 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 December 16, 2002.
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 December 16, 2002, 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 Remaining Parcels, including by use of eminent domain
proceedings, for redevelopment thereof in furtherance of the proposed Lyndale I
Gateway West Project. Said notice shall be published at least one time not less than
ten days nor more than 30 days prior to the date of the 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. For 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 e 18th day of November, 2002.
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Thomas E. Harms, Chairperson
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EXHIBIT A
Property Proposed to be Redeveloped as Part of the Lyndale Gateway West
Proiect
The property bounded by Lyndale Avenue on the east, Aldrich Avenue on
the west,
West 7ih Street on the south and West 76th Street on the north; Richfield,
Minnesota.
RJL-223034v2
RC125-212
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EXHIBIT B
Description of Portions of Property to be Redeveloped as Part of Lyndale Gateway West
Project
Which are Proposed to be Acquired by the HRA's Use of Condemnation ("Remaining
Parcels")
Address Parcel Identification
Number
7600 Lyndale Avenue South 33-028-24-44-0036
7608 Lyndale Avenue South 33-028-24-44-0037
7614 Lyndale Avenue South 33-028-24-44-0038
7620 Lyndale Avenue South 33-028-24-44-0039
7628 Lyndale Avenue South 33-028-24-44-0041
7634 Lyndale Avenue South 33-028-24-44-0043
7638 Lyndale Avenue South 33-028-24-44-0044
7644 Lyndale Avenue South 33-028-24-44-0046
7601 Aldrich Avenue South 33-028-24-44-0056
7615 Aldrich Avenue South 33-028-24-44-0054