93-7994R42
RESOLUTION NO. 7994
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY '
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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" 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 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 & 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 ("Subject Property");
WHEREAS, a substantial amount of the real estate which is
required for the project has already been acquired by the City; 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
Property is necessary .and convenient for the promotion of the
Resolution No. 7994
Page 2
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 Subject Property by negotiation upon terms
and conditions acceptable tv 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 a public purpose to serve the needs of
the citizens and p operty owners of the City.
2. Pursuant to and in accordance with said Minn.. Stat. Ch.
117, the City Cou cil further finds that it is in the
public interest to authorize and to direct the
acquisition of thelI~Subject Property for the construction;
operation, mainteziance and reconstruction of 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.!S 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.
Adopted by the City Council of the City of Richfield,
Minnesota this 22nd day of March , 1993.
Martin K rsch, Mayor
Thomas P. Ferber, City Clerk
2
Page 3
EXHIBIT A 7994
TO RESOLUTION NO.
• RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND
ACQUISITION OF REAL PROPERTY
CITY
PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION
34 400 Weet 78th Street •Fee Taking for Right of Way
The North 30.00 feet of that
part of the Last 3/4 of the
Southeast Quarter of the
Southwest Quarter of the
Southwest Quarter of Section
34, Township 28, Range 24,
Hennepin County, Minnesota,
_ lying.west of the East 330.00
feet thereof.
Permanent Basement for Right of
35A 250 West 77th Street Way
• The North 30.00 feet of the
west 66.00 felt of the East
91.00 feet of the South Half of
the Southwest Quarter of the
. Southwest Quarter of Section
34, Township 28, Range 24,
Hennepin County, Minnesota.
Together with a temporary
construction easement over,
under and across the South 22.5
feet of the North 52.5 feet of
said west 66.00 feet.
Said temporary easement expires
December 31, 1993.
36A-R 200 West 77th Street Permanent Easement for Right of
Minneapolis, MN 'Way
A permanent easement for public
roadway and utility purposes
over; under and across the
North 100.00 feet of the South
724.00 feet of the East 25.00
feet of the Southwest Quarter
of the Southwest Quarter of
Section 34, Township 28, Range
24, Hennepin County, Minnesota
and over, under and across the,
North 100.00 feet of the South
724.00 feet of the West 25.00
feet of the Southeast Quarter
of the Southwest Quarter of
said Section 34.
A-1
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