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1994-50474 RESOLUTION NO. 504 . RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA AUTHORIZING ~IIINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and organized under law, with all of the powers enumerated in Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, the HRA is authorized to develop and carry out redevelopment plans and redevelopment projects, as those terms are respectively defined in Minnesota Statutes, Section 469:002, subdivisions 16 and 14; and WHEREAS, the HRA adopted a redevelopment plan (the "Redevelopment Plan" ) and a tax increment financing plan (the "TIF Plan") for the area in the City of Richfield generally known as the Interstate/Lyndale/Nicollet area (the "Project Area") on October 21, 1985 ; and WHEREAS, changes in the public and private improvements proposed to be constructed within the Project Area occurred and necessitated adopting subsequent modifications to the Plans, identified as Modification Nos. 1, 2, 3 and 4, which were approved by the HRA and adopted by the City Council of the City of Richfield in the respective years of 1985, 1989, 1993, and 1994; and WHEREAS, the Plans, as modified, contemplate the acquisition of certain real property (the "Property") which is located in. the Project Area and which is more particularly described below in this resolution; and WHEREAS, no owners of adjacent parcels to the Property described in this resolution, displaced persons or businesses from among those properties, or other persons or businesses within the Project Area have demonstrated the technical and financial capability to carry out the proposed redevelopment; and WHEREAS, the HRA has, by action of this date, approved the execution of a contract for private redevelopment (the "Contract") of land lying within the Project Area; and WHEREAS, the Contract requires the HRA to acquire title to and possession of the Property by the earliest date permitted in accordance with Minnesota Statutes, 117.042. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows 1. It is necessary to acquire the Property as described below in this resolution in order for the HRA to carry out the purposes of the Plans, as modified, and the Act, to eliminate and prevent the development or spread of conditions of blight found to exist by the City and the HRA and to assure full utilization of property which is vacant, unused, underused, and inappropriately used. 1 HRA Resol uti~on No. 504 Z. Acquisition of the Property by eminent domain, in the manner provided by Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is hereby authorized. 3. The HRA deems it necessary for the reasons set forth in the Plans, as modified, and in order to fulfill the HRA's obligations under the Contract, to proceed without delay under Minnesota Statutes, Section 117.042, to acquire title to and possession of the Property prior to the filing of a final report of commissioners . 4. The HRA's attorney and staff are authorized and directed to commence eminent domain proceedings to acquire fee simple absolute title to the Property, pursuant to Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court, a sum of money to secure compensation to the owners of the Property, which amount shall be equal to petitioner's approved appraisal of value as determined by staff . 5. The Property to be acquired is described as follows: Parcel A The North 240 feet of the East Half of the Southeast Quarter of Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Parcel B That part of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota which lies south of the North 240 feet thereof, except the West 30 feet thereof taken for Emerson Avenue and except that part taken for highway. Parcel C That part of the West 30 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota which lies south of the North 240 feet thereof except that part taken for highway. Parcel D The North 255 feet of the West 320 feet of t?he South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota EXCEPT the East 30 feet thereof, and ALSO EXCEPT the West 130 feet of the East 160 feet of the South 50 feet thereof . Parcel E- The East 160 feet of the South 50 feet of the North 255 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota EXCEPT the East 30 feet thereof . Parcel F The South 90 feet of the North 345 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, EXCEPT the East 30 feet thereof . Z HRA Resolution No. 504 Parcel G All that part of the South 89.92 feet of the North 434.92 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota EXCEPT the _ part thereof taken for Colfax Avenue South. Parcel H All that part of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota EXCEPT the North 434.92 feet thereof and the parts thereof taken for highway purposes and for Colfax Avenue South and Market Drive . Parcel I The North 255 feet of the East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Parcel J The South 90 feet of the North 345 feet of the East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Parcel K The South 89.92 feet of the North 434.92 feet of the East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Parcel L All that part of the East 30 feet of the West 320 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota EXCEPT the North 434.92 feet thereof and the parts thereof taken for highway purposes . Adopted by the housing and Redevelopment hority in and for the City of Richfield, Minnesota this 11th day of April 1994 Thomas E. Harms, Chairperson C 3