92-7927R79
RESOLUTION NO. 7927
THE CITY OF RICHFIELD, MINNESOTA
AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
BEFORE EMINENT DOMAIN PROCEEDINGS
400 WEST 78TH STREET
WHEREAS, the City of Richfield ("Richfield") is a municipal
corporation and subdivision in the State of Minnesota organized
and operating under Minnesota law, as amended, and is authorized
by Minn. Stat. 412.211 to acquire real estate by exercising the
power of eminent domain under and pursuant to Minn. Stat., Ch.
117; and
WHEREAS, pursuant to Minn. Stat. 117.041, Subd. 2., "... a
political subdivision by resolution may enter property for
purposes of investigation, monitoring, testing, surveying,
boring, or other similar activities necessary or appropriate to
identify the existence and extent of a release or threat of
release of a hazardous substance, pollutant, or contaminant if:
1) The ... political subdivision has reason to believe the
acquisition of the property may be required pursuant to an
eminent domain proceeding;
2) The ... political subdivision has reason to believe that a
hazardous substance, pollutant, or contaminant is present on the
property or the release of a hazardous substance, pollutant, or
contaminant may have occurred or is likely to occur on the
property; and
3) Entry on the property for environmental testing is rationally
related to health, safety, or welfare concerns of the ...
political subdivision in connection with eminent domain
proceedings."
WHEREAS, the City is in the process of acquiring necessary
real estate to widen 77th Street between I-35W and Cedar Avenue
("77th Street Project"), has obtained federal and state
commitments to assist in the financing of the design and
construction of the project and has undertaken design of the
proposed improvements, appraisal of affected real estate,
environmental testing, related legal and other expenses in
furtherance of the proposed 77th Street Project; and
WHEREAS, a portion of the real estate located at 400 West
78th Street, Richfield, MN 55423, and which is legally described
on Exhibit A attached hereto ("Subject Property") is one of the
parcels of real estate which the City must acquire in order to
complete the 77th Street Project; and
Resolution No. 7927
Page 2
WHEREAS, at the request of City staff and its engineering
consultant, BRW, Inc., Braun Intertec Environmental, Inc.
completed a pre-soil boring assessment of the Subject Property
which includes the following conclusions:
Our research and on-site ob
USTs (underground storage t
Astleford property at 400 W
petroleum-product USTs are
the Honda dealership proper
none of the USTs currently
registered with the MPCA (M
In addition, the exact loca
located on the Site are unk
Off-Site Issues
Braun Intertec did not enco
subsurface contamination ha
release from an off-site so
that releases of petroleum
Honda dealership or other n
have an adverse environment
beneath the Site.
WHEREAS, City staff ha
Subject Property permit the
Subject Property for the pu
related sampling and testin
located upon the Subject Pr
Subject Property may have b
within or outside the Subje
WHEREAS, the owner of
refused to grant the City
undertake such activities
ervations have indicated that three
nks) were formerly located on the
st 78th Street. In addition, three
urrently located south of the Site on
y. Our research has indicated that
ocated on the Honda dealership are
nnesota Pollution Control Agency).
ions of the three USTs formerly
nter documentation indicating that
occurred at the Site due to a
rce. However, the potential exists
roducts from USTs at the adjacent
arby petroleum storage facilities may
1 impact on the soil and groundwater
e requested that the owner of the
City and its consultants to enter the
pose of performing soil borings and
to attempt to determine whether soil
perty or groundwater beneath the
en contaminated by a release from
t Property; and
Subject Property has so far
its consultants permission to
the Subject Property; and
WHEREAS, the City may incur liability under state or federal
law for conditions of contamination present on the Subject
Property if the City does not attempt in a reasonably prudent
manner to investigate conditions present on the Subject Property
prior to acquisition of theSubject Property; and
WHEREAS, the City desires to be as well informed as possible
concerning the extent of and possible contamination present on
the Subject Property prior to negotiations concerning the
possible purchase price fori,the Subject Property and prior to
commencement of eminent domain proceedings in the event that the
City is unable to obtain a voluntary acquisition of the Subject
Property. ',
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
A. The City Council hereby finds that acquisition of the Subject
Property in eminent domain proceedings may be required.
Resolution No. 7927
Page 3
B. The City has reason to believe that a hazardous substance,
pollutant, or contaminant is present on the Subject Property or
the release of a hazardous substance, pollutant or contaminant
may have occurred or is likely to occur on the Subject Property.
C. Entry upon the Subject Property for environmental testing is
rationally related to health, safety, or welfare concerns of the
City in connection with possible eminent domain proceedings.
D. If the City Attorney has not previously done so, the City
Council hereby directs the City Attorney to serve notice upon the
owner of the Subject Property requesting permission to enter the
Subject Property, stating the approximate time and purpose of the
entry, and giving the Owner the option of refusing entry. The
notice shall also give the Owner the option of requesting an
equal amount of any sample or portion taken from the Subject
Property and a copy of any data obtained or report issued. If
the Owner of the Subject Property refuses to consent to the
entry, the City Attorney is directed to apply for a court order
authorizing the entry and the removal of any sample or portion
from the Subject Property, giving notice of the court order to
the Owner of the Subject Property.
E. The City Engineer and the City Attorney are directed to
require that City employees or consultants who enter the Subject
Property do no unnecessary damage to the Subject Property and
that they restore the Subject Property to substantially the same
condition in which it was found. If said employees or
consultants remove a sample or portion of the Subject Property
for investigation, monitoring, or testing, or if they obtain any
data or issue any report, they shall give the Owner of the
Subject Property an equal amount of the sample or portion and a
copy of any data or report, if requested by the Owner of the
Subject Property, and they shall permit the Owner of the Subject
Property to perform independent investigation, monitoring, or
testing of the sample or portion.
F. Results of testing performed on the Subject Property shall be
included in any environmental assessment worksheet or
environmental impact statement that the City is required to
prepare under Minn. Stat., Ch. 116D.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
~~ ° .y
~~v~i'l~ ~-c~
Martin J. 'rsch, Mayor
ATTEST:
N n /~/
Thomas B. Ferber, City Clerk
EXHIBIT A
Legal Description of Thomas F. Wood Property at 400 West 78th
Street
Parcel A:
Par 1: That part of the East 65 feet of the West 1/4 of the
Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 34, Township 28, Range 24, lying South of the
North 314.25 feet thereof, and lying Northerly of a line running
from a point in the East line of the West 1/4 of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant
120 feet North of the Southeast corner thereof, to a point in the
West line of said Southeast Quarter of the Southwest Quarter of
the Southwest quarter distant 150 feet North of the Southwest
corner thereof, according to the Government Survey thereof.
Par 2: That part of the West 1/4 of the Southeast Quarter of the
Southwest Quarter of the Southwest Quarter of Section 34,
Township 28, Range 24, lying South of the North 230 feet thereof
and lying Northerly of the following described line running from
a point in the East line of the West 1/4 of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant
120 feet North of the Southeast corner thereof to a point in the
West line of said Southeast Quarter of the Southwest Quarter of
the Southwest Quarter distant 150 feet North of the Southwest
corner thereof, except that part of the East 65 feet of said
tract lying South of the North 84.5 feet thereof, according to
the Government Survey thereof, Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No.
711184.
Parcel B:
All that part of the
Southwest 1/4 of the
North, Range 24, West
of the East 330 feet
thereof and North of
to the United States
feet of all that part
Southwest 1/4 of the
North, Range 24, West
of the East 330 feet
North 230 feet of the
Southwest 1/4 of the
Range 24, according t
thereof and situate i
East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 34, Township 28
of the 4th Principal Meridian, lying West
thereof and South of the North 220 feet
the North line of State Highway, according
Government Survey thereof; and the North 220
of the East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 34, Township 28
of the 4th Principal Meridian, lying West
thereof. ALSO: The South 155 feet of the
West 1/4 of the Southeast 1/4 of the
Southwest 1.4, Section 34, Township 28,
o the United States Government Survey
n Hennepin County, Minnesota.
Abstract Property