1994-530100
HRA RESOLUTION NO. 530
RESOLUTION OF THE HOUSING AND REDEVELOPMII~TT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, NIINNESOTA
AUTHORIZING IIVIINENT 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 entered into a contract for private redevelopment (the
"Contract") of land lying within the Project Area; and
WHEREAS, in order to meet anticipated construction deadlines for the
redevelopment project contemplated by the Contract, it is necessary for 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.
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HRA Resolution No. 530
2. 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 meet anticipated construction schedules, 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 on the attached Exhibit A.
Adopted by the Housing and Redevelopment Aut ority in and for the City of
Richfield, Minnesota this 21st day of November, 19
ATTEST:
Vern uettinger, ecretary
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HRA Resolution No. 530
EXHIBIT A
(Legal Descriptions of Property to Be Acquired)
Parcel 1
Description of subject property:
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 •
Description of taking: Fee simple absolute title to the subject property;
subject, however, to existing easements for public street and utility purposes
for Colfax Avenue South and West 77th Street
Parcel 2
Description of subject property:
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
Description of taking: Fee simple absolute title to the subject property;
subject, however, to an existing easement for public street and utility
purposes for Colfax Avenue South
Parcel 3
Description of subject property:
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
and
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
Description of taking: Fee simple absolute title to the subject property;
subject, however, to an existing easement for public street and utility
purposes for Colfax Avenue South
Parcel 4
Description of subject property:
Lot 6 and the easterly 4.5 feet of Lot 7, Block 1, STRAND-BOWEN SECOND
ADDITION, Hennepin County, Minnesota
and
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HRA Resolution No. 530
That part of Lot 7 lying westerly of the easterly 4.5 feet thereof and the
easterly 4.5 feet of Lot 8, all in Block 1, STRAND-BOWEN SECOND ADDI-
TION, Hennepin County, Minnesota
and
That part of the northerly half of West 77 1 / 2 Street as dedicated in the plat
of STRAND-BOWEN SECOND ADDITION which lies between the southerly
extension of the east line of Lot 6, Block 1 of said plat and the southerly
extension of the west line of the easterly~4.5 feet of Lot 8, Block 1 of said
plat.
Description of taking: Fee simple absolute title to the subject property;
subject, however, to an existing easement for public street and utility
purposes for West 77 1 / 2 Street and subject to a party wall agreement dated
August 5, 1959, filed October 26, 1959 as Document No. 609802.
Parcel 5
Description of subject property:
All of Lot 8, except the Easterly 4.5 feet thereof; Lots 9 to 11, inclusive,
Block 1, STRAND-BOWEN SECOND ADDITION, according to the recorded plat
tbe?^eof, 1Ie?rnxbepin County, Minnesota
and
That part of the northerly half of West 77 1 / 2 Street as dedicated in the plat
of STRAND-BOWEN SECOND ADDITION, which lies westerly of the southerly
extension of the west line of the easterly 4.5 feet of Lot 8, Block 1, of said
plat.
and
That part of Colfax Avenue South as dedicated in the plat of STRAND-BOWEN
SECOND ADDITION, which lies northerly of the center line of West 77 1/2
Street as dedicated in said plat and which lies southerly of the westerly
extension of the north line of Lot 11, Block 1, in said plat .
Description of taking: Fee simple absolute title to the subject property;
subject, however, to existing easements for public street and utility purposes
for West ?7 1/2 Street and Colfax Avenue South
Parcel 6
Description of subject property:
That part of Colfax Avenue South as dedicated in the plat of STRAND-BOWEN
SECOND ADDITION, which lies southerly of the center line of West 77 1/2
Street as dedicated in said plat .
Description of taking; Fee simple absolute title to the subject property;
subject, however to an existing easement for public street and utility
purposes for Colfax Avenue South.
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HRA Resolution No. 530
Parcel 7
Description of subject property:
That part of the southerly half of West 77 1 / 2 Street as dedicated in the plat
of STRAND-BOWEN SECOND ADDITION, which lies westerly of the northerly
extension of the west line of Lot 5, Block 2, in said plat.
Description of taking; Fee simple absolute title to the subject property;
subject, however to an existing easement for public street and utility
purposes for West 77 1 / 2 Street .
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