92-7929RRESOLUTION NO. 7929
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
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. Sec. 412.211 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 to the north; and
WHEREAS, the widening of I-494 will eliminate 78th Street,
the frontage road on the north side of 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
is becoming increasingly more
substantial amounts of presen•
considerably increase at such
and (b) provide an additional
and
77th Street ("77th
necessary in order
t traffic which is:
time as 78th Stree•
East-West arterial
Street Project")
to accommodate
(a) likely to
t is eliminated
within the City;
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");
and
81
WHEREAS, the Subject Property (all of which is located in
the City of Richfield, Hennepin County, Minnesota) is legally
described in Exhibit A; and
Resolution No. 7929
Page 2
WHEREAS, in order to construct, operate, maintain and
reconstruct the 77th Street Project, the acquisition of the
Subject Property is necessa y and convenient for the promotion of
the public health, safety aid 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 to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, as follows:
1. The City Council hereby finds acquisition of the Subject
Property to be suitable, necessary, convenient and
reasonable and fora 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 toauthorize and to direct the
acquisition of thelSubject Property for the
construction, operation, maintenance and reconstruction
of the 77th Street,Project.
3. The City Council h
reasonable, necess
purpose, for the C
eminent domain pro
provisions of Minn
transfer of title
under Minn. Stat.
reby finds that it is desirable,
ry and convenient, and for a public
ty to acquire the Subject Property by
eedings in accordance with the
Stat. Ch. 117, including the early
nd possession of the Subject Property
ec. 117.042.
4. The City Attorney is authorized and directed to
acquire the Subject Property by use of eminent
domain proceedingsl,pursuant to this Resolution.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Gv~/~..
Martin J. 'rsch, Mayor
ATTEST:
Thomas P. Ferber, City Cle k
Exhibit A
to Resolution No. 7929
Resolution Authorizing Condemnation Proceedings and
Acquisition of Real Property
CITY
PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION
15 7638 Dupont Ave. So. Lot 7, Northfelt Addition --
ABSTRACT
24 7648 Lyndale Ave. So. South 30.9 feet of Lot 7,
Glenn's Addition, including
alley -- ABSTRACT
32 7644 Pleasant Ave. So. That part of Lot 8 lying
East of West 121.85 feet
thereof except that part of
said Lot described as
follows: Beginning at the
Northeast corner of said
Lot 8; thence South along
the East or rear line
thereof to the Southeast
corner of said Lot 8;
thence West along the
South line a distance
of 28 feet; thence in a
straight line to point
of beginning, Block 2,
Sunset Terrace, according
to the plat thereof on
file or of record in the
office of the Registrar
of Titles, Hennepin
County, Minnesota.
TORRENS Cert. #693105
33 7701 Harriet Ave. So. North 75 feet of North 230
feet of West 1/4, Southeast
1/4, Southwest 1/4 --
ABSTRACT
40 7644 Blaisdell Ave. So. Lot 8, Block 2, R.C. Soens
Addn. TORRENS Cert. #652585
43 7645 Nicollet Ave. So. Lots 9 and 10, Block 4,
A.G. Bogen Company's
Nicollet Avenue Addition.
TORRENS Cert. #679434
44 7644 1st Ave. So. Lot 8, Block 4, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #327376
46 7644 Stevens Ave. So. Lot 8, Block 3, A.G.
Bogen Company`s Nicollet
Avenue Addition.
TORRENS Cert. #302211
48 7644 2nd Ave. So. Lot 8, Block 2, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #177081
49 7645 2nd Ave. So. Lot 7, Block 1, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #188879