02-876r
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RESOLUTION NO. 876
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
(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 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 Planning Commission to be consistent
with the City's Comprehensive Plan, and was approved by the City Council; and
WHEREAS, the 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 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
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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 th~ HRA, that there is no 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 HRA 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 is contemplated by the Contract; and
WHEREAS, except as qualified below, the HRA is satisfied, based upon the
information provided, that the Developer 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 developer;
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
City Bella Project on November 18, 2002; and
WHEREAS, the Minimum Improvements proposed to be constructed on the
Properties 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 Properties described on Exhibit B 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 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.
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 Properties. Provided, however, that no
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action shall be served or filed untjl;-,the Executive Director has been notified that the
developer 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
Properties, pursuant to Minn. Stat. Ch. 117 and 9117.042.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 16th day of December, 2002.
Jz./
Jpn Heimberger, Vice Chair
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EXHIBIT A
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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.
Lots 1, 2 and 3, Block 2, Fairwood Shores.
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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"
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.
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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.
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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.
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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")
Parcel 1:
Parcel 2:
Parcel 3:
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
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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 LC3ke 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 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.
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