95-8235r
8
RESOLUTION NO. 8235
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
WHEREAS, the City of Richfield, Minnesota ("Ci ty") is a
municipal. corporation' and subdivision of the State of Minnesota
organiz,ed and oper~ting undE;!r Minnes,ota 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 77th Street between Interstate
Highway No. I-35W ("I-35W") and TH 77; and
WHEREAS, Minnesota Department of Transportation ("MnDOT") has
advised the City of MnDOT's intention to improve Interstate Highway
No. I-494 ("I-494") by widening I-494; and
WHEREAS, MnDOT and the City have agreed that it is necessary
and convenient to widen 77th Street to supplement the "frontage
road function" for I-494 which is currently being served by 78th
Street; 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");
WHEREAS, a substantial amount of the real estate which is
required for the project has already been acquired by the City; and
WHEREAS, the Subject Property (all of which is located in the
City of Richfield, Hennepin County, Minnesota) is legally described
in Exhibit A; and
WHEREAS, in order to' construct, operate, maintain and
reconstruct the 77th Street Project, 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
Kesolution No. 8235
WHEREAS, City staff members have been unsuccessful in their
efforts to acquire all interests in the Subject Property by
negotiation upon terms and conditions acceptable to the City.
NOW, THEREFORE, BE 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. Stat. 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
emine~t domain proceedings in accordance with the
. provisions of Minn. Stat. Ch. 117, including the early
transfer of title and possession of the Subject Property
to the City under Minn. Stat. S 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
Minnesota this 13th day of March
of the
, 1995.
City
of
Richfield,
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/~ rr~.'
Thomas P. Ferber, CityCler~
2
CITY
PARCEL NO.
EXHIBIT A
TO RESOLUTION NO. 8235
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND
ACQUISITION OF REAL PROPERTY
PROPERTY ADDRESS
LEGAL DESCRIPTION
''Fee T~ing for Right of Way
The South 83.00 feet, together with the
north 2.00 feet of the south 85.00 feet of
the west 139.00 feet of the West Half of the
Northwest Quarter of the Southeast Quarter
of the Southwest quarter of Section 35,
Township 28, Range 24, Hennepin County,
Minnesota. Subject to the rights of the
public for 77th Street East, Elliot Avenue
South and Chicago Avenue South.
63
7625 Chicago Avenue South
,Rich~ield, MN '55323
Together with adjacent streets and alleys,
vacated or to be vacated, and all gaps,
overlaps and appurtenant easements.
Together with a temporary easement for
roadway and utility construction purposes
over, under and across the west 9.00 feet of
the east 125.50 feet of the north 5.00 feet
of the south 88.00 feet of the West Half of
the Northwest Quarter of the Southeast
Quarter of the Southwest Quarter of Section
35, Township 28, Range 24.
Together with a temPOrary easement for
roadway and utility construction purposes
over, under and across the north 2.00 feet
of the south 87.00 feet of the east 106.00
feet of the west 139.00 feet of the West
Half of the Northwest Quarter of the
Southeast Quarter of the Southwest Quarter
of Section 35, Township 28, Range 24.
Together with a temporary easement for
roadway and utility construction purposes
over, under and across the east 9.00 feet of
the west 67.00 feet of the north 38.00 feet
of the south 125.00 of the West Half of the
Northwest Quarter of the Southeast Quarter
of the Southwest Quarter of Section 35,
Township 28, Range 24.
According to the United States Government
Survey thereof, on file in the Office of the
county Recorder for Hennepin- County,
Minnesota.
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Res. 8235
CITY
PARCEL NO.
69A
PROPERTY ADDRESS
7700 12th Avenue South
Richfield, MN 55323
LEGAL DESCRIPTION
Fee Taking for Right of Way
That part of the East Half of the Southeast
Quarter of the Southeast Quarter of the
Southwest Quarter of Section 35, Township
28, Range 24, Hennepin County, Minnesota,
which lies southerly of the north 30.00
feet, westerly of the east 33.00 feet, and
northeasterly of the following described
li~e:
Beginning at a point 30.00 feet
south of the north line of said East
Half and 43.00 feet west of the east
line thereof; thence south-easterly
to a point that is 40.00 feet south
of said north line and 33.00 feet
west of said east line and said line
there terminating.
Together with adjacent streets and alleys,
vacated or to be vacated, and all gaps,
overlaps and appurtenant easements.
Together with a temporary easement for
roadway and utility construction purposes
over, under and across the south 5.00 feet
of the north 35.00 feet of the east 98.60
feet of the west 213.64 feet of said East
Half of :he Southeast Quarter of the
Southeas~ Quarter of the Southwest Quarter.
Together with a temporary easement for
roadway and utility construction purposes
over, under and across the south 10.00 feet
of the north 40.00 feet of the west 115.04
feet of said East Half of the Southeast
Quarter of the Southeast Quarter of the
Southwest Quarter.
.
According to the United States Government
Survey thereof, on file in the Office of the
County Recorder for Hennepin County,
Minnesota.
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Res. 8235
II
CITY
PARCEL NO.
43A
7717 Nicollet Avenue South,
Richfield, MN ~5323
PROPERTY ADDRESS
<
LEGAL DESCRIPTION
Fee Takinq for Right of Way. That part of
the west 315.00 feet of the Southwest
Quarter of the .Southwest Quarter of the
Southeast Quarter of Section 34, Township
28, Range 24, Hennepin County, Minnesota,
which lies easterly of the east right of way
line of Nicollet Avenue and which lies
southerly of the south right of way line of
77th Street East and which lies .
northwesterly of a curve concave to the
southeast having a radius of 19.50 feet.
The east right of way line of Nicollet
Avenue and the south right of way line of
77th Street East are tangent to said curve.
Together with adjacent streets and alleys,
vacated or to be vacated, and all gaps,
overlaps and appurtenant easements.
Together with a temporary construction
easement for roadway and utility
construction purposes over, under and across
the east 15.00 feet of the west 57.00 feet
of the south 5.00 feet of the north 35.00
feet of said Southwest Quarter of the
Southwest Quarter of the Southeast Quarter.
Together with a temporary construction
easement for roadway and utility purposes
over, under and across the East 9.00 feet of
the West 42.00 feet of the South 60.00 feet
of the North 90.00 feet of said West 315.00
feet.
According to the United States Government
Survey thereof, on file in the Office of the
County Recorder for Hennepin County,
Minnesota.
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