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16-11221r CITY OF RICHFIELD RESOLUTION NO. 11221 A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL ESTATE,EASEMENTS,AND OTHER RIGHTS AND INTERESTS FOR THE PUBLIC PURPOSE OF EXPANDING THE PARKING LOT SERVING THE RICHFIELD MUNICIPAL LIQUOR STORE LOCATED AT 6600 CEDAR AVENUE WHEREAS, the City Council of the City of Richfield ("City Council") is the official governing body of the City of Richfield("City"); and WHEREAS, the City, a Minnesota municipal corporation acting by and through its City Council, is authorized by law to acquire land and other interests in real estate which are needed for public use or purpose; and WHEREAS, the City owns and operates a liquor store at 6600 Cedar Avenue in the City of Richfield, and wishes to expand the parking lot which serves that store over adjacent and unused real estate,which is also located within the City of Richfield;and WHEREAS, the State of Minnesota Commissioner of Transportation owns an easement encumbering said real estate, which the Commissioner has indicated that the City may acquire, subject to conditions acceptable to the Commissioner; WHEREAS,the City Council finds that it is in the public interest, and reasonably necessary, proper and convenient for the City to acquire the real estate which is described on Exhibit A attached hereto (the"Property")in fee simple,to eliminate unused and abandoned real estate, and to provide parking to be owned and used by the City for City purposes ("Project"); and WHEREAS, despite the good faith efforts of employees and agents of the City, it has not been reasonably possible to voluntarily obtain marketable title to the Property. 1 482488v1 RC145-699 WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the public safety, public health, and general welfare of the citizens of the City that title to and possession of the Property be acquired through use of the power of eminent domain for said purposes; and WHEREAS, the City Council finds that the funding and construction schedule for the Project make it necessary to acquire title to and possession of the Property prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD IN REGULAR MEETING ASSEMBLED, that it is the considered judgment of the City Council that it is necessary to obtain the real estate described in Exhibit A attached hereto and made a part hereof as though fully set forth at this point, for the stated public purposes, through the exercise of the power of eminent domain. BE IT FURTHER RESOLVED, that the City Attorney is authorized and directed to take all steps necessary to acquire said real estate through use of eminent domain proceedings, including use of the quick-take procedure. Adopted this 12 tlitlay of July,2016 by the Richfield City Council. Yes Debbie Goettel,Mayor Yes Edwina Garcia Yes Pat Elliott Yes Michael Howard Yes Tom Fitzhenry ATTEST 482488v1 RC145-699 2 ,01, c /.1, 0-- 1 , . , ,.. ' i , - \ , , 0 A.,„,,, gmi. .ZDevich City Mana,,er/Acting City Clerk Debbie Goettel, Mayor CERTIFICATION I hereby certify that the foregoing Resolution is a d correct copy of a resolution presented to and adopted by the City Council of the City of rr y eld it a duly authorize. -eting thereof held on the 12thday of July,2016, as shown by 0- t ,.'es %f s.'e meet'"g in / ! / po.session. / � ♦ teve L. Devic , Ci a ,ger/Acting C ty Clerk 482488v1 RC145-699 3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE ACQUIRED Parcel 2 The West 33.00 feet of the North 233 feet of the West 233 feet of the Northwest Quarter of the Southwest Quarter in Section 25, Township 28, Range 24, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 123118. A-1 482488v1 RC145-699