96-8343r
1.8
RESOLUTION NO. 8343
RESOLUTION AUTHORIZING CONDEMNA rlON PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
WHEREAS, the City of Richfield, Minnesota ("City") is a municipal corporation
and subdivision of the State of Minnesota organized and operating under Minnesota
law, as amended, and is authorized by its City Charter to acquire real estate by
exercising the power of eminent domain in the manner provided by law; and
WHEREAS, the City Council finds that its citizens and property owners desire
that the City widen the west half of Lyndale Avenue South between 77th Street and 77-
1/2 Street to provide for a right turn lane; and
WHEREAS, the City Council finds it desirable to redevelop the remainder of the
site as Municipal Liquor Store #4; and
WHEREAS, the Subject Property is subject to the provisions of the Interstate-
Lyndale-Nicollet Redevelopment Plan and was i~entified for redevelopment therein;
and .
WHEREAS, the Minnesota Department of Transportation ("MnDOT') has
advised the City of MnDOT's intention to improve Interstate Highway No. 1-494 ("1-494")
by widening 1-494; and
WHEREAS, the widening of 77th Street ("77th Street Project") is becoming
increasingly more necessary in order to (a) accommodate substantial amounts of
traffic; and (b) provide an additional east-west arterial within the City; and
WHEREAS, the City has obtained commitments of substantial financial
assistance from the federal and state governments to undertake the 77th Street Project;
and
WHEREAS, BRW, Inc. and Orr, Schelen & Mayeron, Inc., the consulting
engineers retained by the City to design the proposed improvements for the 77th Street
Project, have identified various parcels of real estate which must be acquired by the
City in order to construct the 77th Street Project ("Subject Property"); and
WHEREAS, a substantial amount of the real estate which is required for the
project has already been acquired by the City; and
WHEREAS, substantial portions of the 77th Street Project have already been
completed; and
WHEREAS, the Subject Property (all of which is located in the City of Richfield,
Henenpin County, Minnesota) is legally described in Exhibit A; and
Resolution No. 8343
-2-
WHEREAS, in order to construct, operate, maintain and reconstruct Lyndale
Avenue between 77th Street and 77-1/2 Street, and to redevelop the remainder of the
Subject Property for Municipal Liquor Store #4, the acquisition of the Subject Property
is necessary and convenient for the promotion of the public health, safety and welfare
of the City and its residents; and
WHEREAS, the City is authorized by law to acquire the Subject Property for the
purpose described herein by use of eminent domain proceedings.
NOW, THEREFORE, BET IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The City Council hereby finds acquisition of the Subject Property to be
suitable, necessary, convenient and reasonable and for a public purpose to
serve the needs of the citizens and property owners of the City.
2. Pursuant to and in accordance with said Minn. State: Ch. 117, the City
Council further finds that it is in the public interest to authorize and to direct
the acquisition of the Subject Property for the construction, operation,
maintenance and reconstruction of the 77th Street Project.
3. The City Council hereby finds that it is desirable, reasonable, necessary and
convenient, and for a public purpose, for the City to acquire the Subject
Property by eminent domain proceedings in accordance with the provisions
of Minn. State. Ch. 117, including the early transfer of title and possession of
the Subject Property to the City under Minn. Stat. ~ 117.042.
4. The City Attorney is authorized and directed to acquire the Subject Property
by use of eminent domain proceedings pursuant to this Resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
April, 1996. .
ATTEST:
~~ pC~
Thomas P. Ferber, City Clerk