13-10798r CITY OF RICHFIELD
RESOLUTION NO. 10798
A RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL ESTATE FOR A PUBLIC PURPOSE
WHEREAS, the City Council of the City of Richfield ("City Council") is the official
governing body of the City of Richfield("City"); and
WHEREAS, the City, a Minnesota municipal corporation acting by and through its City
Council, is authorized by law to acquire land and other interests in real estate which are needed for
public use or purpose; and
WHEREAS, on January 22, 2013, the City Council adopted its Resolution No. 10756,
entitled "Resolution Declaring Adequacy of Petition and Ordering Preparation of Feasibility
Report," finding a petition for proposed Improvement No. CP-41007 (North Richfield Parkway) to
have been signed by the required percentage of abutting owners pursuant to Minn. Stat. §429.035,
and scheduling a public hearing on the proposed improvement to be held on February 12, 2013 at
7:00 p.m.; and
WHEREAS, on February 12, 2013, following said public hearing, the City Council adopted
its Resolution No. 10764, entitled"Resolution Receiving Feasibility Report, Ordering Improvement
Project No. CP-41007 and Ordering the Preparation of Plans and Specifications relating to the
North Richfield Parkway Project, finding that the Project is expressly contemplated by the City's
Comprehensive Plan, and directing the City Engineer to prepare plans and specifications for the
Project; and
WHEREAS, on February 12, 2013, the City Council adopted its Resolution No. 10765,
entitled"Resolution Approving Agreements For the Purchase of Certain Properties Located on 17th
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Avenue for the Richfield Parkway Improvement Project," determining it reasonably necessary for
the City to purchase certain real properties located adjacent to 17th Avenue, and approving purchase
agreements related to ten of those properties; and
WHEREAS, on February 26, 2013, the City Council adopted its Resolution No. 10766,
entitled "Resolution Approving Agreement and Addenda To Agreements For the Purchase of
Certain Properties Located on 17th Avenue For the Richfield Parkway Improvement Project,"
approving a purchase agreement relating to a property located adjacent to 17th Avenue for the
Project and authorizing addenda to the purchase agreements previously approved relating to two
additional properties adjacent to 17th Avenue for the Project; and
WHEREAS, on April 9, 2013, the City Council adopted its Resolution No. 10781, entitled
"Resolution Authorizing City Manager To Approve Addenda To Purchase Agreements For the
Richfield Parkway Improvement Project," authorizing the City Manager to approve addenda to
purchase agreements previously approved by the City Council, as to certain issues relating to
properties being acquired for the Project; and
WHEREAS, it is necessary to acquire all or a portion of the properties described in Exhibit
A in order to construct the Project; and
WHEREAS, the owners of Parcel 1, Parcel 2, Parcel 7 and Parcel 9 (each of which are
legally described in Exhibit A attached hereto) have each entered into agreements with the City
pursuant to which the owners have agreed to sell their properties to the City, but neither the owners
nor the City have been able to obtain the consents to those sales from the holders of mortgages
encumbering their properties; and
WHEREAS, consents by mortgagees to those sales to the City are essential to enable the
City to obtain clear title pursuant to the proposed purchase agreements because the indebtedness due
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under mortgages encumbering each of these properties apparently exceeds the fair market value of
each of those properties; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the public health, convenience, and general welfare of the citizens of the City
that title to and possession of the properties hereinafter described be acquired through use of the
power of eminent domain in furtherance of the Project; and
WHEREAS, the City Council finds that the funding and construction schedule for the
Project make it necessary to acquire title to and possession of the properties hereinafter described
prior to the filing of the final report of the condemnation commissioners to be appointed by the
district court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD IN REGULAR MEETING ASSEMBLED, that it is the considered judgment of the
City Council that the properties described in Exhibit A, attached hereto and made a part hereof as
though fully set forth at this point, be acquired for the stated public purposes, and that the properties
be acquired, if necessary,through the exercise of the power of eminent domain.
BE IT FURTHER RESOLVED, that the City Attorney is authorized and directed to take all
steps necessary to acquire the properties described herein by filing an action in eminent domain,
negotiation of early entry authorization, and the use of the quick-take procedure.
Adopted the 28th day of May,2013 by the Richfield City Council.
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ATTEST
,klecA_ad
Nancy Gibb Clerk S . e M. Sandahl, Mayor Pro Tempore
CERTIFICATION
I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to
and adopted by the City Council of the City of Richfield at a duly authorized meeting thereof held
on the 28th day of May,2013, as shown by the minutes of said meeting in my possession.
Nancy Gibbs, city Clerk
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EXHIBIT A
LEGAL DESCRIPTIONS OF PROPERTIES TO BE ACQUIRED IN FEE SIMPLE
Parcel 1
6314— 17th Avenue South
Richfield,MN 55423
PID No. 26-028-24-11-0045
Lot 14, Block 1,Iverson's Second Addition
Parcel 2
6320— 17th Avenue South
Richfield,MN 55423
PID No. 26-028-24-11-0044
Lot 13, Block 1, Iverson's Second Addition
Parcel 7
6408— 17th Avenue South
Richfield, MN 55423
PID No. 26-028-24-14-0018
Lot 15, Block 2,Iverson's Second Addition
Parcel 9
6426— 17th Avenue South
Richfield,MN 55423
PID No. 26-028-24-14-0015
Lot 12, Block 2,Iverson's Second Addition
A-1