01-9059r
RESOLUTION NO. 9059
2
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 and the construction of a new
bridge over Interstate Highway No. 1-494 on 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 it is necessary to correct an error in Council
Resolution No. 9018 in reference to said real estate property described in Exhibit A attached
hereto; 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, Mi~ta t~iS .9th dla01.
. Martjn~ Mayor
ATTEST:
lft/)./lfUA {fli,u,
Nancy Gibbs ity Clerk
EXHIBIT A
Description of Real Property Interests to be Acquired
Property Address
City and
Parcel PID Number Legal Description
4Ra 1601 West 75th Street Legal Description of Property Interests to be
Acquired:
Fee taking of 2,334 square feet and temporary
easements over 8,527 square feet for 17 months.
Permanent sign to be removed. (Attached)
PARCEL NO. 4Ra
CITY OF RICHFIELD
SEH PROJECT NO. RICHF0007.00
MARCH 6, 2001
OWNER:
ROP Investment Co., LLP
5200 Wilson Road, #205
Edina, MN 55424
P.I.N.: 3302824310002
PROPERTY ADDRESS: 1601 75th Street West
NOTE: Owner and Property Description According to Hennepin County Auditor
Records.
DESCRIPTION OF PROPERTY:
The South Half of the Northeast Quarter of the Southwest Quarter of Section 33,
Township 28, Range 24, Hennepin County, Minnesota. Except Highway and Roads
DESCRIPTION OF EASEMENT:
A perpetual easement for roadway and utility purposes over, under, and across that part
of said South Half of the Northeast Quarter of the Southwest Quarter which lies
northerly of the South 33 feet thereof, which lies westerly of the highway right-of-way
Quit Claim Deeded to the City of Richfield as described in Hennepin County Document
No. 540982; and which lies southerly of Line A described as commencing at the
southwest corner of said South Half of the Northeast Quarter of the Southwest Quarter;
thence North 00 degrees 12 minutes 08 seconds East, along the west line thereof, a
distance of 33.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel
with the south line thereof, a distance of 146.66 feet to the point of beginning of Line A
to be described; thence easterly 57.38 feet along a tangential curve, concave to the
north, having a radius of 1,473.33 feet and a central angle of 02 degrees 13 minutes 53
seconds; thence North 87 degrees 47 minutes 11 seconds East, tangent to said curve,
a distance of 79.04 feet; thence easterly 34.59 feet along a tangential curve, concave to
the south, having a radius of 1526.66 feet and a central angle of 01 degrees 17 minutes
38 seconds; thence North 89 degrees 04 minutes 49 seconds East, tangent to said
curve, a distance of 40.37 feet thence North 24 degrees 34 minutes 58 seconds East
27.70 feet; thence North 89 degrees 04 minutes 49 seconds East 65.00 feet, thence
South 00 degrees 55 minutes 11 seconds East 16.8 feet more or less to a point on the
westerly line of said highway right of way and said Line A there terminating.
Together with a temporary easement for construction purposes over, under, and across
that part of said South Half of the Northeast Quarter of the Southwest Quarter which lies
easterly of Logan Avenue, which lies westerly of said highway right of way, and which
lies northerly of Line A and southerly and southeasterly of Line B. Line B is described
as commencing at the southwest corner of said South Half of the Northeast Quarter of
the Southwest Quarter; thence North 00 degrees 12 minutes 08 seconds East, along
the west line thereof, a distance of 38.00 feet; thence South 89 degrees 58 minutes 56
seconds East, parallel with the south line thereof, a distance of 30.00 feet to the point of
beginning of Line B to be described; thence continuing South 89 degrees 58 minutes 56
seconds East, parallel with said south line, a distance of 116.65 feet; thence easterly
57.19 feet along a tangential curve, concave to the north, having a radius of 1,4683.33
feet and a central angle of 02 degrees 13 minutes 53 seconds; thence North 87 degrees
47 minutes 11 seconds East, tangent to said curve, a distance of 79.04 feet; thence
easterly 34.48 feet along a tangential curve, concave to the south, having a radius of
1531.66 feet and a central angle of 01 degrees 17 minutes 38 seconds; thence North 89
degrees 04 minutes 49 seconds East, tangent to said curve, a distance of 43.24 feet;
thence North 24 degrees 34 minutes 58 seconds East 58.22 feet; thence South 89
degrees 58 minutes 56 seconds East 207.00 feet to a point in the westerly line of said
highway right of way and said Line B there terminating. Except that part of said South
Half of the Northeast Quarter of the Southwest Quarter which lies northerly of the South
33 feet thereof, which lies westerly of the highway right-of-way Quit Claim Deeded to
the City of Richfield as described in Hennepin County Document No. 540982; and which
lies southerly of Line A described as commencing at the southwest corner of said South
Half of the Northeast Quarter of the Southwest Quarter; thence North 00 degrees 12
minutes 08 seconds East, along the west line thereof, a distance of 33.00 feet; thence
South 89 degrees 58 minutes 56 seconds East, parallel with the south line thereof, a
distance of 146.66 feet to the point of beginning of Line A to be described; thence
easterly 57.38 feet along a tangential curve, concave to the north, having a radius of
1,473.33 feet and a central angle of 02 degrees 13 minutes 53 seconds; thence North
87 degrees 47 minutes 11 seconds East, tangent to said curve, a distance of 79.04 feet;
thence easterly 34.59 feet along a tangential curve, concave to the south, having a
radius of 1526.66 feet and a central angle of 01 degrees 17 minutes 38 seconds; thence
North 89 degrees 04 minutes 49 seconds East, tangent to said curve, a distance of
40.37 feet thence North 24 degrees 34 minutes 58 seconds East 27.70 feet; thence
North 89 degrees 04 minutes 49 seconds East 65.00 feet, thence South 00 degrees 55
minutes 11 seconds East 16.8 feet more or less to a point on the westerly line of said
highway right of way and said Line A there terminating. Subject to the rights of the City
of Bloomington for utility easement over, under, and across that part of said temporary
easement which lies within 45.50 feet easterly of the point of beginning of said Line B.
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 2,334 square feet more or less Said temporary
easements contain 13,063 square feet more or less
Said temporary easements expire December 31,2002.