08-10081r
RESOLUTION NO.1 0081
AUTHORIZING AND DIRECTING THE USE OF THE POWER OF EMINENT DOMAIN,
AS NECESSARY, TO ACQUIRE CERTAIN LANDS, EASEMENTS, AND OTHER
RIGHTS AND INTERESTS FOR THE PURPOSE OF THE RECONSTRUCTION OF
THE L YNDALE AVENUE BRIDGE OVER INTERSTATE 494
WHEREAS, the City Council of the City of Richfield ("City") is the official
governing body of the City of Richfield, Hennepin County, Minnesota; and
WHEREAS, the City of Richfield, a Minnesota municipal corporation, acting by
and through its City Council, is authorized by law to acquire real estate which is needed
for public use or purpose; and
WHEREAS, the City of Richfield, acting cooperatively in conjunction with the
Minnesota State Department of Transportation ("MnDOT"), intends to reconstruct the
Lyndale Avenue Bridge over Interstate 494, together with associated ramping
improvements and approaches (the "Bridge Project"); and
WHEREAS, the City of Bloomington desires and supports the construction of the
Bridge Project; and
WHEREAS, the construction of the Bridge Project will require the acquisition of
various lands, easements, and other rights and interests in both the City of Richfield and
the City of Bloomington; and
WHEREAS, the Cities of Richfield and Bloomington have entered into a
cooperative agreement pursuant to which the City of Bloomington has agreed to acquire
the lands, easements, and other rights and interests needed in Bloomington for the
Bridge Project; and
WHEREAS, the lands, easements, and other rights and interests that are
required in Richfield for the Bridge Project are described on Attachment A hereto; such
rights and interests are required from the properties denoted as Parcels 1, 3, 9 and 11
and described in said attached Exhibit A; and
WHEREAS, City representatives have been in contact with or have met
personally with representatives of the Owners of each of the Parcels and have
attempted to explain the need for each of the partial takings; and
WHEREAS, the City has retained independent fee appraisers to determine the
just compensation due to each of the Owners of Parcels 1, 3, 9 and 11; the City has
made an offer to purchase the needed rights and interests from each of the Owners;
and the City has provided to the Owners a copy of the appraisal report used as the
basis for the City's offer to each of the Owners; and
WHEREAS, the Bridge Project construction schedule contemplates that work
would begin in the fall of 2008; and
WHEREAS, it is necessary that the Cities have title and possession to the
necessary right of way interests for the Bridge Project before the construction contracts
may be let; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, and in the interest of the public health, safety, and general welfare of the
citizens of the City that title and possession of the lands, easements, and other rights
and interests described on the attached Exhibit A be acquired for the purposes of the
Bridge Project; and
WHEREAS, the City Council finds that the construction schedule for the Bridge
Project makes it necessary to acquire title and possession of the lands, easements, and
other rights and interests described on the attached Exhibit A 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, as follows:
1. It is the considered judgment of the City Council that title and possession of the
lands, easements, and other rights and interests described on the attached
Exhibit A be acquired for the stated public purpose for constructing the Bridge
Project and that these rights and interests be acquired through a negotiated
purchase and, if necessary, through the exercise of the power of eminent domain
and the use of the quick take procedure.
2. The City Manager and the City Attorney are authorized and directed to take all
steps necessary to acquire the lands, easements, and other rights and interests
described on the attached Exhibit A by filing an action in eminent domain and by
the use of the quick-take procedure pursuant to Minnesota Statutes, Section
117.042.
The foregoing resolution was moved by Council Member Kilian and seconded by Mavor
Goettel.
The following voted in the affirmative: 5 - 0
The following voted against: N/A
Council Member N/A was absent.
Adopted by the City Council this 25th day of Ma~~ ~
Debbie Goettel, Mayor
ATTEST:
~~
Nancy Gib ,City Clerk
EXHIBIT A
Parcel 1: (Parcel identification not yet assiqned).
Property Address: Not available
Leqal Description of Property:
Lot 2, Block 1, THE SHOPS AT L YNDALE, according to said plat on file and of
record in the office of the County Recorder, Hennepin County, Minnesota.
Leqal Description of Easements to be Acquired:
A perpetual, non-exclusive easement for public right-of-way purposes over, under,
across and through that part of the Property which lies southerly of the following
described line: Commencing at the southwest corner of said Lot 2; thence North 86
degrees 49 minutes 57 seconds East, assumed bearing along the south line of said
Lot 2, 439.92 feet, to the point of beginning of said line to be hereinafter described;
thence North 73 degrees 22 minutes 25 seconds East, 48.54 feet; thence easterly,
182.55 feet, along a tangential curve, concave to the south, having a radius of
576.26 feet and a central angle of 18 degrees 09 minutes 01 seconds, to the point
of compound curvature; thence easterly, 49.20 feet, along a tangential curve,
concave to the south, having a radius of 1628.50 feet and a central angle of 01
degrees 43 minutes 52 seconds, to the point of reverse curvature; thence easterly,
16.26 feet, along a tangential curve, concave to the north, having a radius of 582.50
feet and a central angle of 01 degrees 35 minutes 58 seconds, to the southeasterly
line of said Lot 2, and said line there terminating.
A perpetual, non-exclusive easement for utility and drainage purposes over, under,
across and through a strip of land 10.00 feet in width over that part of the Property,
the southerly line of which is contiguous with the northerly line of the above
described permanent easement for right of way purposes.
Said strip of land is to extend by its full width from said south line of Lot 2, to said
southeasterly line of Lot 2.
Parcel 3: (PID No. 34-028-24-33-0081 and 34-028-24-33-0082).
Property Address: 7745 Lyndale Avenue South, Richfield, MN and 7701 Lyndale
Avenue South, Richfield, MN
Leqal Description of Property:
Lot 1, Block 1, and Outlot A, Hampton Richfield, Hennepin County, Minnesota.
Leqal Description of Interest to be Acquired:
Right of egress from Lot 1, Block 1 and Outlot A, Hampton Richfield, Hennepin
County, Minnesota to Lyndale Avenue South; reserving to the property the right of
egress from Lyndale Avenue to the property.
Parcel 9: WID No. 34-028-24-33-0006)
Property Address: 500 78th Street West. Richfield. MN.
Leqal Description of Property:
That part of the East % of the SW % of the SW % of the SW % of Section 34,
Township 28, Range 24, lying South of the North 324 feet thereof and lying North
of the Northerly right-of-way line of Highway No. 494, Hennepin County, Minnesota.
Except the east 30.00 feet thereof.
Leqal Description of Easements to be Acquired:
A perpetual easement for public right-of-way purposes over, under, across and
through that part of the Property which lies southeasterly of the following described
line: Beginning at a point on the east line of the Property, distant 18.90 feet north of
the southeast corner of the Property, as measured along said east line; thence
southwesterly to a point on the southerly line of the Property, distant 17.42 feet
westerly of said southeast corner of the Property as measured along said southerly
line and said line there terminating.
Parcel 11 : (PID No. 34-028-24-33-0080 and 34-028-24-33-0007).
Property Address: 400 West 78th Street. Richfield, MN
Leqal Description of Property:
Parcel 1: That part of the East 65 feet of the West Quarter of the Southeast Quarter
of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28,
Range 24, lying South of the North 314.25 feet thereof, and lying Northerly of a line
funning from a point in the East line of the West Quarter of said Southeast Quarter
of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the
Southeast corner thereof, to a point in the West line of said Southeast Quarter of
the Southwest Quarter of the Southwest Quarter distant 150 feet North of the
Southwest corner thereof.
Parcel 2: That part of the West Quarter of the Southeast Quarter of the Southwest
Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying
South of the North 230 feet thereof and lying Northerly of the following described
line running from a point in the East line of the West Quarter of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of
the Southeast corner thereof to a point in the West line of said Southeast Quarter of
the Southwest Quarter of the Southwest Quarter distant 150 feet North of the
Southwest corner thereof, except that part of the East 65 feet of said tract lying
South of the North 84.25 feet thereof.
Parcel 3: All that part of the East Three Quarters of the Southeast Quarter of the
Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North,
Range 24, West of the 4th Principal Meridian, lying West of the East 330 feet thereof
and South of the North 220 feet thereof and North of the North line of State
Highway, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
Parcel 4: The North 220 feet of all that part of the East Three Quarters of the
Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section
34, Township 28 North, Range 24, West of the 4th Principal Meridian, lying West of
the East 330 feet thereof.
Also: The South 155 feet of the North 230 feet of the West Quarter of the
Southeast Quarter of the Southwest Quarter of the Southwest Quarter, Section 34,
Township 28, Range 24, according to the United States Government survey thereof
and situate in Hennepin County, Minnesota.
Parcel 5: The South 45 feet of the North 75 feet of the North 230 feet of the West
Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota.
Leqal Description of Easements to be Acquired:
A perpetual, non-exclusive easement for utility and drainage purposes over, under,
across and through that part of Parcel 3 of the Property lying south of a line drawn
parallel with and distant 120.00 feet north of the south line of the Southeast Quarter
of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28,
Range 24, Hennepin County, Minnesota.
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