93-8062r19
RESOLUTION N0. 8062
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
1524 AND 1600 EAST 77TH STREET
77TH STREET PROJECT
WHEREAS, the City of Richfield, Minneso
municipal corporation and subdivision of the
organized and operating under Minnesota law,
authorized by Minn. Stat. 413.211 to acquire
exercising the power of eminent domain under
Minn. Stat., Ch. 117; and
to ("City") is a
State of Minnesota
as amended, and is
real estate by
and pursuant to
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 replace the "frontage road
function" for I-494 which is currently being served by 78th
Street; and
WHEREAS, the widening of
is becoming increasingly more
substantial amounts of presen
considerably increase at such
and (b) provide an additional
and
77th Street ("77th
necessary in order
t traffic which is:
time as 78th Stree~
East-West arterial
Street Project")
to accommodate
(a) likely to
t is eliminated
within the City;
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 & Mayerson, 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, a portion of the 77th Street Project is already
under construction; and
WHEREAS, the Subject Property (all of which is located in
the City of Richfield, Hennepin County, Minnesota) is legally
described in Exhibit A attached hereto; and
Resolution No. 8062
Page 2
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
WHEREAS, City staff members have been unsuccessful in their
effort to acquire the Subject Property by negotiation upon terms and
conditions acceptable to the City; and
WHEREAS, City staff and the City Attorney recommend that the City
attempt to mitigate the damages caused by taking of the Subject
Property; and
WHEREAS, such mitigation may be accomplished by the City
acquiring all of the Subject Property.
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 o:
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. Stat. Ch. 117, including
the early transfer of title and possession of the Subject Property
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, and to deposit the City's approved appraisal of
value for the Subject Property (as determined by staff) with the
District Court Administrator or pay such amount to the owner in
order to effect the early transfer of title and possession of the.
Subject Property to the City in the condemnation pursuant to Minn.
Stat. 117.042.
Adopted by the City Council of the City of Richfield, Minnesota this
27th day of September, 1993.
Martin J. 'r ch M yor
ATTEST:
Thomas P. Ferber City Clerk
'. EXHIBIT`A 8062
TO RESOLUTION NO.
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND
ACQUISITION OF REAL PROPERTY
CITY
PARCEL NO.
PROPERTY ADDRESS
LEGAL DESCRIPTION
78 1524 East 77th Street Fee Taking for Right of Way
1600 East 77th Street
Tracts C, D and E, Registered
P.I.D. Nos. 35-028-24-44- Land Survey No. 1003, Hennepin
0028, 29 and 30 County, Minnesota.
Together with streets and
alleys adjacent thereto,
vacated or to be vacated, and
appurtenant easements, if any.
A-1