01-812r
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HRA RESOLUTION NO. 812
RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE CERTAIN REAL PROPERTIES
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 City of Richfield on June 14, 1993 adopted a redevelopment plan (the
"Redevelopment Plan") for the Richfield Redevelopment Project Area (the "Project Area"), and
on June 14, 1999 adopted a modification to the Redevelopment Plan and established the
Interchange West and Lyndale Gateway Tax Increment Financing District (the "TIF District").
WHEREAS, the Plans, as modified, contemplate the acquisition of certain real properties
(the "Properties") which are located in the Project Area and which are more particularly described
below in this resolution; 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 Developer under the Contract is not in default of any of its obligations
thereunder; and
WHEREAS, the Properties consist of remnant parcels of land underlying public streets,
the owners of which the Developer has been unable to locate; 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; and
WHEREAS, the HRA is satisfied that the Developer has complied with the requirements
of the Contract concerning such request.
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 as described below in this resolution in
order for the HRA to carry out the purposes of the Plans, as modified, and the Act, 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 Plans, 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 title to the Properties, subject to
existing easements in favor of the City of Richfield.
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5. The Properties to be acquired are described on the attached Exhibit A.
Adopted by the Housing and Redevelopment Au . y in and for the City of Richfield, I
Minnesota this 19th day of March, 2001.
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Thomas E. Harms, Chairperson
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EXHIBIT A
Legal Descriptions of Properties to be Acquired
Remnant Parcel 4 Legal Description
That part of Tract A described below:
Tract A:
The south one-half of that part of the Southwest Quarter of the Southwest Quarter of
Section 33, Township 28, Range 24 West, Hennepin County, Minnesota described as
follows: Commencing on the southwest corner of said Section 33; thence running north
1313.7 feet; thence east 327.6 feet; thence south 1313.33 feet; thence west 328 feet to the
point of beginning;
Which lies easterly of the easterly line of Penn Avenue, northerly of Line 1 described
below, easterly and northerly of Line 2 described below and southerly and westerly of
Line 3 described below:
Line 1:
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Line2:
Line 3:
Beginning at a point on a line run parallel with and distant 656 feet east of
the west line of said Section 33, distant 120 feet north of the south line of
said Section 33; thence run northwesterly to a point on the west line of
said Section 33, distant 355 feet north of the southwest corner thereof and
there terminating;
Beginning at a point on the west line of said Section 33; distant 501.24
feet north of the southwest corner thereof; thence run easterly at an angle
of 91 degrees 30 minutes 00 seconds from said west section line
(measured from south to east) for 125.65 feet; thence deflect to the right
on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes
00 seconds) for 84.64 feet; thence on tangent to said curve to an
intersection with Line 1 described above and there terminating;
Beginning at a point on the west line of said Section 33, distant 535.26
feet north of the southwest corner thereof; thence run easterly at an angle
of 88 degrees 30 minutes 00 seconds from said west section line
(measured from north to east) for 150.44 feet; thence deflect to the right
on a curve having a radius of 62 feet (delta angle 91 degrees 30 minutes
00 seconds) for 99.01 feet; thence on tangent to said curve for 210 feet and
there terminating;
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also together with a triangular piece, being that part of Tract A hereinbefore described,
which lies southerly of Line 2 described above, easterly of the easterly line of Penn
Avenue and northwesterly of the following described line: Beginning at a point on the
easterly line of Penn Avenue, distant 30 feet southerly of its intersection with said Line 2;
thence run northeasterly to a point on said Line 2, distant 30 feet easterly of said
intersection and there terminating;
also together with a triangular piece, being that part of Tract A hereinbefore described,
which lies easterly of a line run parallel with and distant 33 feet easterly of the west line
of said Section 33, northerly of line 3 described above and southwesterly of the following
described line: Beginning at a point on said 33 foot parallel line, distant 31.37 feet
northerly of its intersection with said Line 3; thence run southeasterly to a point on said
Line 3, distant 31.37 feet easterly of said intersection and there terminating.
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Remnant Parcel 6 Legal Description
The North thirty (30) feet of the following described tract of land:
The South ~ of the following described tract of land:
That part of the Southwest 'l4 of the Southwest 'l4 of Section 33,
Township 28, Range 24, described as follows: Commencing at the
Southwest comer of said Section 33; thence running North 1313.33 feet;
thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to
the point of beginning, according to the United States Government Survey
thereof and situated in Hennepin County, Minnesota.
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That part of the above described tract ofland described as follows:
Commencing at the Southwest comer of Section 33, Township 28, Range
24; thence North along the West line of the Southwest 'l4 of the Southwest 'l4
of said Section 33, a distance of 355.0 feet; (said West line of Southwest 'l4
of the Southwest 'l4, having an assumed bearing of North) thence South
70 degrees 35 minutes 06 seconds East, a distance of 34.99 feet, to the actual
point of beginning ofthe land to be described; (said point being the point of
intersection of the East right of way line of Penn Avenue and the North right
of way line ofInterstate Highway No. 494) thence North along the East right
of way line of Penn Avenue, a distance of 313.48 feet, to the North line of
the above described tract of land; thence North 59 degrees 40 minutes
05 seconds East, along the North line of the above described tract, a distance
of 294.80 feet, to the Northeast comer of the above described tract; thence
South 0 degrees 01 minutes East, along the East line of the above described
tract, a distance of 419.14 feet, to the North right of way line of Interstate
Highway No. 494; thence North 70 degrees 35 minutes 06 seconds West,
along the North right of way line of Interstate Highway No. 494, a distance
of 312.70 feet, to the point of beginning, and situate in Hennepin County,
Minnesota.
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