92-7955RRESOLUTION NO. 7955
Lam'
1
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
- 7645 Lyndale Avenue South..
WHEREAS, the City of Richfield, Minnesota ("City") is a
municipal corporation and .subdivision of~the State of Minnesota
organized and operating. under Minnesota law, as amended, and is
authorized by Minn. Stat. S 413.211 to acquire real estate by
exercising the power of eminent domain under and pursuant to Minn.
Stat., Ch. 117; 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 replace the "frontage road
function" and 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 accommodate
substantial amounts of present traffic which is: (a) likely to
considerably increase at such time as 78th Street is eliminated and
(b) provide an additional East-West arterial within the City; and
WHEREAS, the City has obtain 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, including the real estate
located at 7645 Lyndale Avenue-South ("Subject Property"); 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
Resolution No. 7955 ~ ~~,
Page 2
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
efforts to acquire the Subje t 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 h~reby finds acquisition of the Subject
Property to be uitable, necessary, convenient and
reasonable and for I'Ia 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 Ito authorize and to direct the
acquisition of the Subject Property for the construction,
operation, maintenance and reconstruction of the 77th
Street Project. I -
3. The. City Council (hereby finds that it is desirable,
reasonable, necessll~ary 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 Min 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 Proper 'y by use of eminent domain proceedings
pursuant to this esolution and to immediately seek an
Order of the Distr ct Court granting access to City for
the purpose of ins ecting the property, conducting. soil
borings and drills g monitoring wells if and as may be
necessary to reme sate environmental contamination, if
any.
Adopted by the City Council of the City of Richfield,
Minnesota this 14th day of December, 1992.
~ .
Martin J. ,Ki sch, Mayor
~~~~ ~~~ .
Thomas P. Ferber, City Cler~C
1
~~
EXHIBIT A 7955
TO RESOLUTION NO.
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND .
ACQUISITION OF REAL PROPERTY
CITY
PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION
25 7645 Lyndale Avenus South Lots 9 and 10, Block 7,•Sun~et
Terrace, Hennepin County,
Minnsaota. Registered Property
pursuant to Certificate of
Title No. 412066.
PIN 34-028-24-33-0073.
1
A-1