98-8561r
19
RESOLUTION NO. 8561
RESOLUTION AUTHORIZING THE ACQUISITION OF
REAL PROPERTY LOCATED IN THE
69TH AND PENN AVENUE AREA
BY PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, the City of Richfield (the "City") wishes to implement a public project
to control drainage of surface water and prevent flooding within the portion of the City in
which the real estate described in I;xhii:>it A attached hereto (the "Subject Property") is
located; and
WHEREAS, the City Council has previously considered acquisition of the Subject
Property (or other properties required for said flood control and storm water management
project) and/or implementation of said project on July 11, 1994 (pursuant to Council Letter
No. 199), on September 12, 1994 (pursuant to Council Letter No. 264), on September 26,
1994 (pursuant to Council Letter No. 269), on February 10, 1995 (pursuant to Council
Memorandum No. 17), on March 6, 1995 (pursuant to Study Session Letter No.6), on
June 2, 1997 (pursuant to Study Session Letter No. 23), and on July 14, 1997 (pursuant
to Council discussion); and
WHEREAS, in order to protect the health, safety and welfare of the public from
flooding and to protect public and private property from flooding and control drainage of
surface water, it is necessary for the City to acquire the Subject Property; and
WHEREAS, the City Council needs to acquire title and possession of the Subject
Property before the date by which the commissioners to be appointed by the court herein
are likely to determine the damages caused by the taking of the Subject Property; and
WHEREAS, acquisition of the Subject Property for flood control and storm water
management purposes is necessary and is for a public purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield, Minnesota hereby authorizes the City's staff and city attorney, Kennedy &
Graven, Chartered, to take all necessary actions to acquire the Subject Property through
eminent domain proceedings pursuant to Minnesota Statute Chapter 117 and through the
use of the "quick take" procedure described in Minnesota Statute. 9 117.042, and to
determine the approved appraisal value of each of said properties for the purpose of said
9 117.042.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
March, 1998.
ATTEST:
~/HUb/J P ~_ ,
Thomas P. Ferber, City Clerk-
Resolution No. 8561
EXHIBIT A
Legal Description of Subject Property.
Legal description of property located 6937 Penn Avenue South, Richfield (PID No. 28-
028-24-33-0063).
Lot 14, Block 10, Tingdale Bros.' Lincoln Hills Addition, according to
the plat thereof on file and of record in the office of the County
Recorder in and for Hennepin County, Minnesota.
Legal description of property located 6915 Penn Avenue South, Richfield (PID No. 28-
028-24-33-0068).
Lot 19, Block 10, Tingdale Bros.' Lincoln Hills Addition, according to the
plat thereof on file and of record in the office of the County Recorder
in and for Hennepin County, Minnesota.