14-10977r RESOLUTION NO. 10977
A RESOLUTION APPROVING SALE OF LAND LOCATED AT
6320 17th AVENUE SOUTH BY THE CITY OF RICHFIELD
WHEREAS, the City of Richfield ("City") owns certain property located at 6320 17th
Avenue South which is described on Exhibit A attached hereto and which is depicted in Exhibit
B attached hereto ("Property");
WHEREAS,the City condemned the Property for the purpose of constructing, operating,
inspecting, maintaining, repairing and reconstructing street, bikeway and trail improvements and
other public improvements as part of the City's North Richfield Parkway Project(the "Project");
WHEREAS, the portion of the Property which is legally described on Exhibit A attached
hereto and which is depicted on Exhibit B attached hereto ("Remainder") is not required for the
Project and is not anticipated to be needed in the future for any public use (as defined in Minn.
Stat., Section 117.025, Subd. 11);
WHEREAS, under Minn. Stat. Section 117.226, if the governing body of the
condemning authority determines that publicly owned property acquired under Minn. Stat.,
Chapter 117 has not been used and is no longer needed for a public use (as defined in Minn. Stat.
Section 117.025, Subd. 11), the condemning authority must offer to sell the property to the
former owner, if the former owner can be located, for the original price determined by the
condemnation process or the current fair market value of the property, whichever is less;
WHEREAS, the City Attorney has advised the City Council that the portion of the
original price as determined in the condemnation which is allocable to the Remainder is $63,889,
and that he has consulted with independent real estate appraisers concerning the current fair
market value of the Remainder, and, on that basis has concluded the current fair market value of
the Remainder to be $27,107 (which is less than the portion of the purchase price paid in
condemnation which is allocable to the Remainder).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Richfield, Minnesota, hereby directs the City Attorney to offer to sell the Remainder to the
former owners of the Property, Susan M. Emery and Philip J. Emery, for the current market
value thereof, in accordance with and subject to the provisions of the right of first refusal offer
letter on file with the City Clerk, and, if the former owners exercise the right to purchase the
Remainder, authorizes the Mayor and the City Manager to execute a quitclaim deed and any
other documents recommended by the City Attorney in furtherance of the conveyance of the
Remainder to Susan M. Emery and Philip J. Emery, as provided in said right of first refusal
letter.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of October, 2014.
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ebbie Goettel, Mayor
ATTEST:
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Nancy Gibe City Clerk
SEAL