01-9080r
12
RESOLUTION NO. 9080
RESOLUTION AUTHORIZING EXECUTION OF A
STIPULATION OF FINAL SETTLEMENT FOR 6325 CEDAR AVENUE (PARCEL 4)
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT)
WHEREAS, the City of Richfield, Minnesota desires to purchase certain real
property pursuant to and in furtherance of the 66th Street/Trunk Highway 77 Interchange
Project (the "Project") heretofore adopted by the City of Richfield (the "City") said real
property located at 6325 Cedar Avenue, Richfield, Minnesota, being described as follows
(the "Subject Property"):
Lots 6,7, and 8, Block 15, New Ford Town
Hennepin County, Minnesota
Together with all abutting streets and alleys, vacated or to be vacated, and
all easements, gaps, overlaps and gores, appurtenant thereto; and
WHEREAS, the City Council has adopted a layout for Project improvements; and
WHEREAS, the Project improvements necessitate the purchase of Subject
Property; and
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
within its corporate boundaries; and
WHEREAS, the Metropolitan Airports Commission (MAC) is initially funding the
Project; and
WHEREAS, the City has caused appraisals for the Subject Property to be made by
qualified independent professional appraisers to determine fair market value of real estate
and immovable fixtures and equipment appurtenant thereto; and
WHEREAS, a qualified review appraiser has certified the appraisal reports as being
in conformity with appraisal standards; and
WHEREAS, a qualified fixture review appraiser has certified the fixture appraisal
report as being in conformity with appraisal standards; and
WHEREAS, MAC has reviewed all appraisal reports and review appraisal reports
prepared for the Subject Property and has recommended that the just compensation for
the real estate be determined by the City Council to be $300,000 and $21,175 for
immovable fixtures; and
WHEREAS, on August 14, 2000, the City Council approved just compensation for
the real estate in the amount of $300,000 and $21,175 for the immovable fixtures and
equipment appurtenant thereto and did make an offer to the property owner in said
amounts; and
WHEREAS, the City Council authorized condemnation of the Subject Property on
August 14, 2000, such proceedings were commenced on behalf of the City by the city
attorney; and
WHEREAS, on December 1,2000, the City deposited $321,175 (the "Quick Take
Amount") with the Hennepin County District Court Administrator as the City's approved
appraisal value for the Subject Property; and
WHEREAS, the city attorney has since reached a settlement with the property
owner in the amount of $376,000, including reimbursement of appraisal fees and interest
(not including relocation benefits) less the Quick Take Amount previously paid and MAC
has concurred with the terms of final settlement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the proposed settlement amount of $376,000 is hereby approved.
2. That the city manager and mayor are authorized to execute the Stipulation of Final
Settlement and take all other actions necessary to complete the obligations of the City
pursuant to its terms.
3. That the city attorney is authorized to take all actions necessary to complete the
obligations of the City pursuant to the Stipulation of Final Settlement.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of
September, 2001.
~~~JU
Martin J. Kirs , ayor
ATTEST: