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01-9028r 60 RESOLUTION NO. 9028 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR STREET PURPOSES WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield, Minnesota, a municipal corporation, acting by and through its City Council, is authorized by law to acquire land needed for public use or purpose; and WHEREAS, the widening of 76th Street and Penn Avenue ("Project") require that the real estate described herein be acquired to implement the Project; and WHEREAS, the City Council finds that it is reasonable, necessary, proper and convenient, for a public purpose, and in the interest of the public health, safety, convenience, and general welfare of the citizens of the City that title to and possession of the real estate interests described in Exhibit A attached hereto be acquired 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 and possession of said real estate 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, Minnesota, that it is the considered judgment of the Council that the real estate interests described in Exhibit A attached hereto and incorporated herein, be acquired for the stated public purposes and that they be acquired, if necessary, through the exercise of the power of eminent domain. BE IT FURTHER RESOLVED, that in the event the City Manager determines that voluntary acquisition is not likely to be achieved upon terms substantially consistent with the City's determination of just compensation after the owner has had reasonable opportunity to consider the City's offer of just compensation, the City Manager is hereby authorized and directed to take all steps necessary to acquire said real estate interests by use of eminent domain proceedings, negotiation of early entry authorizations, and the use of the quick take procedure as provided by Minn. Stat. ~ 117.042, pursuant to the City's approved appraisal of value for said real estate interests as determined in the City Council's resolution establishing just compensation for said property or pursuant to said resolution. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of April 2001. ;;:7aJi;;~IW Martin J. Kir , ayor ATTEST: '0J~)JJr1A Nancy Gibb ,City Clerk Exhibit A PARCEL NO.7 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: P. S. Meyer, Trustee c/o Prudence S. Meyer 8532 Park Knoll Circle Bloomington, MN 55438 P.I.N.: 3302824320036 PROPERTY ADDRESS: 7544 Oliver Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South 133 feet of the East 149 feet of the West 331 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Roads DESCRIPTION OF EASEMENT: A perpetual easement for roadway and utility purposes over, under, and across that part of the above described property which lies northerly of a permanent easement for CSAH 32 over said property as described as Parcel 12 in Final Certificate filed as Hennepin County Document No. 6829567 and lies southerly of Line A described as commencing at southeast corner of said West 331 feet; thence North 00 degrees 13 minutes 20 seconds East, along the east line of said West 331 feet, a distance of 53.70 feet; thence North 87 degrees 30 minutes 04 seconds West 30.02 feet to a point in the west right of way line of Oliver Avenue as described in Book 2783 of Deeds, page 107 and the point of beginning Line A to be described; thence North 87 degrees 30 minutes 04 seconds West 101.44 feet; thence North 77 degrees 49 minutes 32 seconds West 18.03 feet to a point in the west line of said East 149 feet of the West 331 feet and said Line A there terminating. Together with a temporary easement for construction purposes over, under, and across that part of the above described property which lies northerly of the herein described perpetual easement and southerly of Line B described as commencing at the point of termination of Line A; thence North 00 degrees 13 minutes 20 seconds West, along the west line of said East 149 feet, a distance of 5.11 feet to the point of beginning of Line B to be described; thence South 77 degrees 50 minutes 55 seconds East 16.46 feet; thence South 89 degrees 39 minutes 27 seconds East 102.86 feet to the west line of said Oliver Avenue and said Line B there terminating. Exhibit A For purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement contains 693 square feet more or less Said temporary easement contains 835 square feet more or less. Said temporary easement expires December 31,2002. Exhibit A PARCEL NO.1 0 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Sandra A. Bernhardson 2006 76th Street West Richfield, MN 55423 P.I.N.: 3302824320015 PROPERTY ADDRESS: 2006 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South 240 feet of the West 100.1 feet of the East 558.1 feet of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Road over the South 33 feet thereof. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the North 7 feet of the South 40 feet of the above described property. Said temporary easement contains 701 square feet more or less. Said temporary easement expires December 31, 2002. Exhibit A PARCEL NO. 16 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 23, 2001 OWNER: CP Gal Richfield LLC CIO CB Ellis INV/DIR Ast Mng 865 Figueroa St S #3500 Los Angeles, CA 90017 P.I.N.: 3302824340012 PROPERTY ADDRESS: 1700 78th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: Tract A of Registered Land Survey No.1 037 in the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under and across the West 5.00 feet of the North 473.24 feet of Tract A of Registered Land Survey No. 1037. Said temporary easement contains 2366 square feet more or less. Said temporary easement expires December 31,2002.