00-8873r
RESOLUTION NO. 8873
22
A 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 Minnesota 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 transportation and improvement strategy for the City of Richfield
includes the construction of an underpass to permit 77th Street to pass under T.H. 77 as
well as the improvement and alignment of 77th and 78th Streets to enhance and facilitate
the safe and efficient movement of vehicles and pedestrians in that area of the City
("Project"); and
WHEREAS, the plans and designs for the Project require that the real estate
described herein be acquired to implement the plans and designs; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, for a public purpose, 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 real estate
hereinafter described be acquired for the furtherance of the Project; and
WHEREAS, the City Council finds that the funding and construction schedule for
the Project makes it necessary to acquire title and possession of the real estate 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,
Minnesota, that it is the considered judgment of the Council that the property described in
Exhibit A attached hereto and incorporated herein, be acquired in fee simple absolute for
the stated public purposes, and that it be acquired, if necessary, through the exercise of
the power of eminent domain.
BE IT FURTHER RESOLVED, that the City Attorney is hereby authorized and
directed to take all steps necessary to acquire said real estate by filing an action in
eminent domain, negotiation of early entry authorizations, and the use of the quick take
procedure as provided by Minn. Stat. 9 117.042, pursuant to the City's approved appraisal
of value for said real estate as determined by the City Attorney.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of April,
2000.
ATTEST:
~AWj I U
Thomas P. Ferber, City Clerk '-.;,
EXHIBIT A
Description of Property:
Street Address: 1710 East 78th Street (PID No. 35-028-24-44-0006)
Legal Description of Property:
That part of the North 180.26 feet of the South Half of the Southeast Quarter
of the Southeast Quarter of Section 35, Township 28, Range 24, lying East
of the West 722 feet thereof, except that portion thereof contained in the
following described tract, to-wit: Beginning at a point in the East line of
Section 35, 383 feet North of the Southeast corner of said Section 35;
thence West parallel with the South line of said Section 35, 158 feet; thence
North parallel with the East line of said Section 35, 150 feet; thence East
parallel with the South line of said Section 35, 158 feet; thence South along
the East line of said Section 35,150 feet to the point of beginning.