02-874r
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RESOLUTION NO. 874
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 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."
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, which offers were equal to or in excess of
the opinions of value for said Remaining Parcels as expressed by independent
real estate appraisers and that either the owners refused to accept 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 City Bella 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 City Bella Project. Said
notice shall be published at least one time not less than ten days no 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).
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Approved by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, the 18th day
of November, 2002.
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Thomas E. Harms, Chairperson
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EXHIBIT A
LeQal 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.
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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".
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EXHIBIT B
Legal Description of Portions of Property to be Redeveloped as Part of City Bella
Project
Which are Proposed to be Acquired bv the HRA's Use of Condemnation ("Remaining
Parcels")
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Parcel 1: 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
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
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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, 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- I
profit corporation
Address of Property: 6633 Lake Shore Drive
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Property Tax Identification No.: 28-028-24-41-0016
Parcel 4: The portions of Auto Lane, Lake View Walk, Graham Avenue and Circle
Place, vacated or to be vacated, accruing to Condominium No. 353, commonly known
as Lake Shore Drive Condominium.
Parcel 5: The portions of Lakeview Walk and Auto Lane, vacated or to be vacated,
accruing to Lot 1, Block 1, Gramercy Park, Richfield.
Parcel 6: Those portions of Graham Avenue and Auto Lane, vacated or to be
vacated, accruing to Lots 1 and 2, Block 3, Fairwood Shores.
Parcel 7: Those portions of Graham Avenue and Circle Place vacated or to be
vacated, accruing to Lots 1, 2 and 3, Block 2, Fairwood Shores.
Parcel 8: Those portions of Auto Lane, vacated or to be vacated, accruing to Lot 17,
Block 3, Fairwood Shores.
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