81-6383R~~
~.
..~.> ,
r'
27
RESOLUTION N0. 63$3
4
RESOLUTION AUTHORIZING THE
ACQUISITION OF ADAMS a
PROPERTY BY EMINENT DOMAIN
PROCEEDINGS AND AUTHORIZING
THE E.XE:CUTION QF A JOINT
ACQUISITION AGREEMENT.
WHEREAS, the City of Richfield maintains and operate a pro-
gramof public recreation for the benefit and enjoyment o~ the
community; and
WHEREAS, part of that program involves the acquisition and
improvement of land for parks and open space recreation areas
within the City, :such improvements being for a public purpose; and
WHEREAS, the City of Richfield has. been involved in acquiring
landlyng within the lakebed of Grass Lake to be developed and
used for park and open space recreational and other public purposes;
and
WHEREAS, in order to continue in the acquisition of such land
for such public purposes, the City Council finds it necessary,
proper and expedient and in the interest of the public health,
convenience and general welfare of the citizens crf the City of
Richfield, for the City to acquire .fee title absolute to the
property described in Exhibit A of this resolution which is attached
herewith and made a part hereof as if fully set out at this point
for the public purposes hereinafter set forth; and
WHEREAS, it is in the public interest that title to and
possession of such property be acquired before the filing of an
award by court-appointed commissioners; and
.WHEREAS, the Housing and Redevelopment Authority of Richfield
.intends to acquire fee title to a part of the same tract of land
which is subject to this resolution; and
WHEREAS, it would be desirable, efficient and expeditious if
the proceeding hereinafter authorized was prosecuted jointly with
the eminent domain proceeding to be authorized by the Housing and
Redevelopment Authority; and
WHEREAS, Minnesota Statutes 1980, Section 117.016 provides
for the making of joint acquisition agreements by and between.
various authorities having the right of eminent domain;
~,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, as',follows:
1. Commencement of eminent domain proceedings in the
name of the City of Richfield, Minnesota is
authorized for the'purposs of acquiring fee simple
absolute title in'the subject property for the
purpose of establshingpublc park., open space,
playground, recreational and nature facilities
and other public. purposes. The real property to
be acquired thereby shall be, the property described
in Exhibit A hereto.
2. Authorization is hereby. given to`seek title and
.possession prior to the. making of the award by the
court-appointed commissioners and as soon asmay
be allowed by law's.
3. The Mayor and City Manager are authorized, on
behalf of the City of Richfield, Minnesota, to
execute the jointlacquisition agreement, an
unexecuted copy of .which is attached herewith as
Exhibit B, and made apart hereof as if fully set
out at this point.
Passed by the City Council of the City of Richfield, Minnesota,
this 23rdi ;.- day of February, 1981..
r
' Donald Priebe, r~s yor
ATTEST: '
5y1 a Bergh, Acting C' Clerk
' ,Attachment
Resolution No. 6383 Exhibit A
Commencing at a point on the east line of
Government Lot 3, Section 28, Township 28,
Range 24, distant 1176.30 feet from .the northeast
corner of said Government Lot 3; thence south
82 degrees west 433.33 feet more or less-to a
-. - point on the shore or low waterline of Grass
Lake which is the actual point of beginning of --~
the parcel to be described; thence south 82
degrees west along said line and its extension ---
775.10 feet more or less to the mean center
.line of Grass Lake .determined pursuant to
Torrens Case No. A-2547; thence northwesterly
along .said mean. center line a distance. of
_ 79.95 feet more or less to Judicial Landmark
No. 7 set pursuant to Torrens Case No. A-2547;
thence north 66° 27' 35" east a distance of
.622.40 feet more. or less to a point on-the
shore or low water line of Grass Lake; thence
southeasterly along said. shore or lots water
_ dine. of Grass Lake to the actual point of
-beginning.