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02-875r I I I 49 RESOLUTION NO. 875 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTIES FOR REDEVELOPMENT PURSUANT TO THE RICHFIELD REDEVELOPMENT PLAN (L YNDALE GATEWAY WEST 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, redevelopment pursuant to the Act may be undertaken, among other reasons, to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies; 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 adopted a modification to the Redevelopment Plan and established the Lyndale Gateway West Tax Increment Financing District (the "TIF District") within the Project Area which has been found by the City Planning Commission to be consistent with the City's Comprehensive Plan, and which was approved by the City Council on December 10, 2002; and WHEREAS, the Redevelopment Plan, as modified, contemplates the 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 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 1 WHEREAS, the HRA has entered into a contract for private redevelopment (the I "Contract") of land lying within the TIF District portion of the Project Area (including, but not limited to the Properties), which land is described on Exhibit A attached hereto ("Lands to be Redeveloped"); and WHEREAS, the Developer under the Contract is not in default of any of its obligations thereunder, and the HRA is satisfied that the Developer has endeavored reasonably, but without success, to negotiate the acquisition of the Properties; and WHEREAS, the Developer has informed the HRA of the status of such efforts and has established, to the satisfaction of the HRA, that there is not a substantial likelihood that further negotiations with the owners of the Properties would be productive; and WHEREAS, the Developer has requested that, in accordance with the terms of the Contract, the BRA commence eminent domain proceedings, and that such proceedings be undertaken as soon as possible so as to assure that the Properties will be available for development when needed; and WHEREAS, the HRA must receive written confirmation, prior to the commencement of condemnation, that all costs associated with the condemnation will be borne by the developer; and WHEREAS, the HRA is satisfied, based upon the information provided, that the Developer I has complied with the requirements of the Contract concerning such request; and WHEREAS, the HRA approved a Resolution Scheduling a Public Hearing On Use of Eminent Domain Proceedings To Acquire Property For Redevelopment Pursuant To The Lyndale Gateway West Project on November 18,2002; and WHEREAS, Minimum Improvements to be constructed on the Properties pursuant to the Contract include approximately 92 residential condominium units, 14 townhomes and 28,000 feet of commercial space. 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 Properties described below in Exhibit B attached hereto in order for the HRA to implement the purposes of the Redevelopment Plan, as modified, and the Act, including but not limited to, dealing with properties that are structurally substandard, eliminating and preventing the development or spread of conditions of blight found to exist by the City and the HRA, and providing housing for persons oflow and moderate income. 2. Acquisition of the Properties 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. I 2 I 3. The HRA deems it necessary for the reasons set forth in the Redevelopment Plan, as modified, and in order to meet anticipated construction schedules, to proceed without undue delay to commence condemnation of the Properties. 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 Properties, pursuant to Minn. Stat. Ch. 117 and ~ 117.042. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of December, 2002. /! / /"?J I' (' i(--(1/'1AJ /'4I-:.P./~~ Joafll'Helmberger, Vice Chair (/ I I 3 EXHIBIT A I Lands to be Redeveloped 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. Lot 1, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 2, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 3, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 4, Glenn's Addition, according to the plat thereof on file or ofrecord in the Office of the Registrar of Titles in and for Hennepin County South half of Lot 5, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County North 205/10 feet of Lot 5, Glenn's Addition, according to the plat thereof on file or of I record in the Office of the Registrar of Titles in and for Hennepin County South 205/10 feet ofthe North 1/2 of Lot 5, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County North 35 1/10 feet of Lot 6, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County South 332/10 feet ofthe North 683110 feet of Lot 6, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County South 13 7/10 feet of Lot 6 and North 63110 feet of Lot 7, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County South 22 feet of the North 283/10 feet of Lot 7, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County South 309110 feet of Lot 7, Glenn's Addition, according to the plat thereof on file or of I record in the Office of the Registrar of Titles in and for Hennepin County I That part of Lot 7 lying South of North 283110 feet and North of South 309/10 feet thereof, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 8, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 9, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 10, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 11, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 12, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Lot 13, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County I Lot 14, Glenn's Addition; according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County I EXHIBIT B Description of Portions of Property to be Redeveloped as Part of Lyndale Gateway West Project I Which are to be Acquired by the HRA's Use of Condemnation ("Properties") Parcel No. Address Parcel Identification No. 1 7600 Lyndale Avenue South 33-028-24-44-0036 2 7608 Lyndale Avenue South 33-028-24-44-0037 3 7614 Lyndale Avenue South 33-028-24-44-0038 4 7620 Lyndale Avenue South 33-028-24-44-0039 5 7628 Lyndale Avenue South 33-028-24-44-0041 6 7634 Lyndale A venue South 33-028-24-44-0043 7 7638 Lyndale Avenue South 33 -028-24-44-0044 8 7644 Lyndale Avenue South 33 -028- 24-44-0046 Parcel 1: Parcel 2: Parcel 3: Parcel 4: ParcelS: Parcel 6: Lot 1, Glenn's Addition, 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. Lot 2, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County I Together with adjacent street or alleys vacated or to be vacated, accruing thereto. Lot 3, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Together with adjacent street or alleys vacated or to be vacated, accruing thereto. Lot 4, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Together with adjacent street or alleys vacated or to be vacated, accruing thereto. North 205/10 feet of Lot 5, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Together with adjacent street or alleys vacated or to be vacated, accruing thereto. North 35 1/10 feet of Lot 6, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County I Together with adjacent street or alleys vacated or to be vacated, accruing thereto. I I I Parcel 7: Parcel 8: South 332110 feet ofthe North 683110 feet of Lot 6, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Together with adjacent street or alleys vacated or to be vacated, accruing thereto. South 22 feet ofthe North 283/10 feet of Lot 7, Glenn's Addition, according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County Together with adjacent street or alleys vacated or to be vacated, accruing thereto.