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07-22-91 agendaSPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING JULY 22, 1991 6:15 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER APPROVAL OF MINUTES OF SPECIAL HRA MEETING OF JUNE 10, 1991. 1.. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ITEMS NOT ON THE AGENDA- 2. PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION APPROVING THE CONVEYANCE OF LAND TO BRADLEY REAL ESTATE TRUST (BRADLEY), HUB WEST. HRA LETTER NO. 27 ADJOURNMENT Housing and Redevelopment Authority HRA Letter No. 27 Agenda July 22, 1991 Issue Statement: Public hearing and consideration of a resolution approving the conveyance of land to Bradley Real Estate Trust (Bradley), Hub West. Background• On July 8,•1991, the HRA approved a resolution authorizing the acquisition of four parcels in Hub West by eminent domain. (Those four parcels are depicted on the attached map and described in the attached resolution.) The purpose of the public hearing is to consider the sale of these four gap parcels to Bradley. In previous public hearings (January 22 and June 10), the HRA has authorized the sale of property to Bradley. However, subsequent title work by a surveyor and attorneys for Bradley and their lenders as well as HRA legal counsel concluded that errors of omission were made in the legal description of property. The errors resulted in four land areas being excluded from the legal descriptions. Thus, the label "gaps." Specifically, the gaps resulted because of the following: Parcel D resulted from an incaccurate platting of the Hub Superblock created by the J. C. Penny development. He other gaps resulted from parcel conveyances made between 1927 and 1932 by R. Jensen, the owner at that time. R. Jensen did not convey all of the property in the legal descriptions. It was the intent of the HRA in their previous land conveyance actions to Bradley to include this land as well. Recommended Action: Hold the public hearing on the sale of the four parcels and adopt the resolution which authorizes conveyance to Bradley. Basis of Recommendation: 1. The conveyance is consistent with all previous actions of the HRA which support Bradley as the redeveloper. 2. The size and location of the parcels make them practical for use only by Bradley. 3. The financial transaction is not impacted as it was assumed that this land was previously authorized to be conveyed to Bradley. 4. Legal requirements were met as notice of the public hearing was published in the Sun-Current on July 10, 1991. Alternative Recommendation: 1. Delay action to a future date. 2. Refuse to take action. Discussion/Decision Mode: Failure to authorize the conveyance of this property in a timely manner could seriously jeopardize the project and would violate the good faith in which all parties have been pursuing the development. Respectf ly submitted, Jame Prosser Exec ive Director JDP:DS [LHN]HRAResol-GAP HRA RESOLUTION NO. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION RELATING TO THE SALE OF CERTAIN LAND LOCATED WITHIN THE LYNDALE/HUB/NICOLLET COMMERCIAL IMPROVEMENT PROJECT AREA WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) desires to redevelop certain real property pursuant to and in furtherance of the "Lyndale/Hub/Nicollet Commercial Improvement Program" (the "Plan"), heretofore adopted by the City of Richfield (City) and the HRA, said real property being described as follows: Parcel Identification: Parcel Aii Legal Description: All that part of Lot 3, Block 1, Richfield Hub Superblock, as platted and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Easterly of the following described line: Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section 27, Township 28 North, Range 24 West; thence East 25 feet along the South line of said Southeast Quarter of the Northwest Quarter; thence North parallel with the West line of the said Southeast Quarter of the Northwest Quarter 660 feet; thence East along a line drawn parallel with the North line of the South 53-1/3 rods of the said Southeast Quarter of the Northwest Quarter as measured perpendicular to the said North line a distance of 303.7 feet to the point of beginning of the line to be described; thence South 660 feet to a point in the South line of the said Southeast Quarter of the Northwest Quarter which is 327.90 feet East of the point of commencement and there terminating. Parcel Identification: Parcel D Legal Description: That part of the Southeast Quarter of the Northwest Quarter of Section 27, Township 28, Range 24, Hennepin County, described as follows: Commencing at the intersection of the Southerly extension of the Westerly line of Lot 3, Block 1, Richfield Hub Superblock, as platted and of record in the office of the County Recorder and the Southerly line of said Southeast Quarter of the Northwest Quarter; thence North 00 degrees 20 minutes 18 seconds East along said Southerly extension, a distance of 183.00 feet to the most Westerly-Southwest corner of said Lot 3; thence North 89 degrees 59 minutes 52 seconds East along the Southerly line of said Lot 3, a distance of 37.24 feet to the intersection with a line drawn parallel with and 72.90 feet Easterly of as measured perpendicular to the Westerly line of said Southeast Quarter of the Northwest Quarter said intersection being the actual point of beginning; thence continue North 89 degrees 59 minutes 52 seconds East, a distance of 10.89 feet to a Westerly line of said Lot 3; thence South 00 degrees 25 minutes 38 seconds West along said Westerly line 33 feet to the Southerly line of said Lot 3; thence Westerly along the extension Westerly of the said Southerly line of Lot 3 to its intersection with said line drawn parallel with and 72.90 feet Easterly of said Westerly line of said Southeast Quarter of the Northwest Quarter; thence Northerly along said parallel line to the point of beginning. Parcel Identification: Parcel E Legal Description: The Westerly 15 feet of the following described property: All that part of the Southeast Quarter of the Northwest Quarter of Section 27, Township 28, Range 24, Hennepin County, described as follows: Beginning at the most Easterly Southwest corner of Lot 3, Block 1, Richfield Hub Superblock, according to the recorded plat thereof; thence North 89 degrees 59 minutes 52 seconds East along the Southerly line of said Lot 3 to the intersection with a line drawn parallel with and 282.00 feet Easterly of, as measured perpendicular to the Southerly extension of the most Westerly line of said Lot 3; thence South 0 degrees 20 minutes 18 seconds West along said parallel line to the North line of the South 141.58 feet of said Southeast quarter of the Northwest Quarter; thence South 89 degrees 59 minutes 52 seconds West along said North line of the South 141.56 feet to its intersection with a line drawn parallel with and 72.90 feet Easterly of as measured perpendicular to the Westerly line of said Southeast Quarter of the Northwest Quarter; thence Northerly along said parallel line to its intersection with the extension Westerly of the Southerly line of said Lot 3; thence Easterly along the extension Westerly of the said Southerly line to the point of beginning. Parcel Identification: Parcel H Legal Description: All except the South 43.00 feet of the Southeast Quarter of the Northwest Quarter of Section 27, Township 28, Range 24, Hennepin County, lying Southerly of the South line of Lot 3, Block 1, Richfield Hub Superblock, as platted and of record in the office of the County Recorder, lying Westerly of the West line of said Lot 2, said Block 1 and lying Easterly of the following described line: Commencing at the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence Easterly along the Southerly line of said Southeast Quarter of the Northwest Quarter, a distance of 25.00 feet; thence Northerly, parallel with the Westerly line of said Southeast Quarter of the Northwest Quarter, a distance of 660.00 feet; thence Easterly, parallel with the North line of the South 53-1/3 rods of said Southeast Quarter of the Northwest Quarter, a distance of 303.70 feet to the point of beginning of the line to be described; thence Southerly to a point on said Southerly line, distant 327.90 feet Easterly of the point of commencement and there terminating. WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and, WHEREAS, a developer, Bradley Real Estate Trust, a Massachusetts business trust, (Bradley) has been identified as the purchaser of the described property, in accordance with a development contract by the HRA and Bradley; and, WHEREAS, the public hearing has been held after proper public notice; and, WHEREAS, for purposes of Minn. Stat. Section 462.356 Subdivision 2., the HRA finds that this proposed disposition has no relationship to the Comprehensive Municipal Plan. NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and Redevelopment Authority that the described real property is sold to Bradley Real Estate Trust in accordance with a development contract by the HRA and Bradley. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 22nd day of July, 1991. Thomas E. 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