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1995-541111 HRA RESOLUTION NO. 541 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA ~'~ ~ 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 iri 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 in a manner and in accordance with a schedule acceptable to the HRA; and WHEREAS, the HRA has entered into a contract for private redevelopment (the "Contract" } of ~ land lying within the Project Area (including, but not limited to the Property); 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 1 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. 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 for each of the respective portions of the Property, as determined by staff . 5. The Property to be acquired is described on the attached Exhibit A. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 28thday of February, 1995. T omas E. Harms, Chairperson 2 HRA Resolution No. 541. EXHIBIT A (Legal Descriptions of Property to Be Acquired) Parcels 1 and 14 PID: 33-028-24-44-0082 and 33-028-24-44-0078 Address : 900 and 820 77-1 / 2 Street- West Legal : That part of Lot 1, lying West of the East 10.5 feet thereof , and the East 10.34 feet of Lot 2, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota Torrens Certificate No. 786331 and The west 10 feet, 6 inches of Lot 10 and all of Lot 11, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Also the east 10.5 feet of Lot 1, Block 1, STRAND-BOWEN SECOND ADDITION all in Hennepin County Minnesota Torrens Certificate No. 802981 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to a utility easement in favor of the City of Richfield as reserved in deed Document Nos. 491673 and 491674; and subject to existing street .and utility easements Parcel 2 pID: 33-028-24-44-0083 Address : 902 77-1 / 2 Street West Legal: Lot 3 and that part of Lot 2 lying west of the East 10.34 feet thereof, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota Torrens Certificate No . 661709 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple _ absolute title, subject, however, to existing street and utility easements ~ . Parcel 3 PID: 33-028-24-44-0084 Address : 904 ?7-1 / 2 Street West Legal: Lots 4 and 5, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County,. Minnesota Torrens Certificate No. 675728 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements CAH82635 3 RC125-95 Taking: Fee simple absolute absolute title, subject, however, to existing street and utility easements Parcel 13 PID: 33-028-24-44-0077 Address : 816 77-1 / 2 Street West Legal: Lot 10, except the west 10 feet 6 inches thereof and all of Lot 9, Black 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota. Together with the easements appurtenant for party wall purposes over the west 1- foot: of Lot 8, Bloek 1 as shown in Document No. 556318 and over the East 6 inches of the west 10.5 feet of Lot 10, as shown in Document No. 555892, all as referred to in deed Document No. 718808, Files of Registrar of Titles. Torrens Certificate No . 770962 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements Parcels 15 , 16 , 17 , 18 and 19 PID: 33-028-24-44-0081, -0080, -0099, -0100, -0101 Address: 819, 809, 801, 723, and 719 77-1/2 Street West Legal: Lots 8, 9, 10 and 11, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 271328 and Lots 4, 5, 6 and 7 and the west 1 foot of Lot 3, Block 2, STRAND- BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No. 386122 and Lots 1 and 2; and Lot 3 except the west 1 foot thereof, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 388592 and That part of the vacated Aldrieh Avenue South adjoining Lot 5, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD lying between the Westerly extensions across it of the South line of West 77-1/2 Street and the North line of Market Drive as extended to the West line of STRAND'S SECOND ADDITION TO RICHFIELD, according to the plat thereof ,on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota Torrens Certificate No. 533220 and Lot 5, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 533221 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any: CA882635 RC125-95 5 Torrens Certificate No. 691009 and Lot 8, except the easterly 6 inches thereof, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 691008 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements Parcel 26 PID: 33-028-24-44-0091 Address : 708 ?7-1 / 2 Street West Legal: Lots 6, 7 and the easterly 6 inches of Lot 8, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 245518 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Z'a~ng: Fee simple absolute title, subject, however, to existing street and utility easements Parcel A PID: None Address : None Legal: That part of West 77th Street as dedicated in the plat of STRAND- BOWEN SECOND ADDITION, which lies westerly of the northerly extension of the west line of the easterly 4.5 feet of Lot 8, Block 1, of said plat. Together with any~and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements CA882635 .' RC125-95 HRA Resolution No. 541 EXHIBIT A ~~ Parcels 1 and 14 {Legal Descriptions of Property to Be Acquired) 1 I~ PID: 33-028-24-44-0082 and 33-028-24-44-0078 Address : 900 and 820 77-1 / 2 Street West Legal: That part of Lot 1, lying West of the East 10.5 feet thereof, and the East 10.34 feet of Lot 2, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin ~Cpunty, Minnesota Torrens Certificate No. 786331 and ' The west 10 feet, 6 inches of Lot 10 and all of Lot 11, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Also the east 10.5 feet of Lot 1, Block 1, STRAND-BOWEN SECOND ADDITION all in Hennepin County Minnesota Torrens Certificate No. 802981 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to a utility easement in favor of the City of Richfield as reserved in deed Document Nos . 491673 and 491674; and subject to existing street .and utility easements Parcel 2 - PID: 33-028-24-44-0083 Address : 902 77-1 / 2 Street West Legal: Lot 3 and that part of Lot 2 lying west of the East 10.34 feet thereof, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota Torrens Certificate No. 661709 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, ' gaps and overlaps, if any Taking: Fee simple .absolute title, subject, however, to existing street and utility easements Parcel 3 PID: 33-028-24-44-0084 Address : 904 77-1 / 2 Street West Legal: Lots 4 and 5, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota Torrens Certificate No. 675728 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements .- CA882635 AC125-95 3 Taking: Fee simple absolute absolute title, subject, however, to existing street and utility easements Parcel 13 PID: 33-028-24-44-0077 Address : 816 77-1 / 2 Street West Legal: Lot 10, except the west 10 feet 6 inches thereof and all of Lot 9, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota. Together with the easements appurtenant for party wall purposes over the west 1' foot:of Lot 8, Block 1 as shown in Document No. 556318 and over the. East 6 inches of the west 10.5 feet of Lot 10, as shown in Document No. 555892, all as referred to in deed Document No . 718808, Files of Registrar of Titles . Torrens Certificate No . 770962 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements Parcels 15 , 16 , 17 , 18 and 19 PID: 33-028-24-44-0081, -0080, -0099, -0100, -0101 Address: 819, 809,, 801, 723, and 719 77-1/2 Street West Legal: Lots 8, 9, 10 and 11, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No. 271328 and Lots 4, 5, 6 and 7 and the west 1 foot of Lot 3, Block 2, STRAND- BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 386122 and Lots 1 and 2; and Lot 3 except the west 1 foot thereof, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota ' Torrens Ce>tificate No. 388592 and That part of the vacated Aldrich Avenue South adjoining Lot 5, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD lying between the Westerly extensions across it of the South line of West 77-1 /2 Street and the North line of Market Drive as extended to the West line of STRAND'S SECOND ADDITION TO RICHFIELD, according to the plat thereof ,on file or of record in the office of the Register of Deeds, Hennepin County, Minnesota Torrens Certificate No . 533220 and Lot 5, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 533221 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any: CAH82635 RC125-95 5 Torrens Certificate No. 691009 and Lot 8, except the easterly 6 inches thereof, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 691008 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple .absolute title, ~s~b ject, however, to existing street and utility easements Parcel 26 pID: 33-028-24-44-0091 Address : 708 77-1 / 2 Street West Legal: Lots 6, 7 and the easterly 6 inches of Lot 8, Block- 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Torrens Certificate No . 245518 Together with any and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any Taking: Fee simple absolute title, subject, however, to existing street and utility easements Parcel A PID: None Address : None Legal: That part of West 77th Street as dedicated in the plat of STRAND- BOWEN SECOND ADDITION, which lies westerly of the northerly extension of the west line of the easterly 4.5 feet of Lot 8, Block 1, of said plat. Together with any~and all streets and alleys adjacent thereto, whether vacated or to be vacated, and together with appurtenant easements, gaps and overlaps, if any . Taking: Fee simple absolute title, subject, however, to existing street and utility easements CAH82b35 .~ RC125-95