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1995-549119 HRA Resolution No. 549 Feldmann/Mitsubishi Property Only Resolution Authorizing Entry for Environmental Testing WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield ("HRA") is a public body corporate and politic under the laws of the State of Minnesota, as amended, and is authorized by Minn. Stat. $ 469.012 to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117; WHEREAS, pursuant to Minn. Stat. ~ 117.041, 5ubd. 2., ". . a political subdivision by resolution may enter property for purposes of investigation, monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to identify the existence and extent of a release or threat of release of a hazardous substance, pollutant, or contaminant if: (1) The political subdivision has reason to believe the acquisition of the property may be required pursuant to an eminent domain proceeding; (2) The political subdivision has reason to believe that a hazardous substance, pollutant, or contaminant is present on the property or the release of a hazardous substance, pollutant, or contaminant may have occurred or is likely to occur on the property; and (3) Entry on the property for environmental testing is rationally related to health, safety, or welfare concerns of the political subdivision in connection with eminent domain proceedings." WHEREAS, the HRA has commenced eminent domain proceedings to acquire the real eatate described on Exhibit A attached hereto ("Subject Property"); WHEREAS, said eminent domain proceedings (Hennepin Co. Dist. Court File No. CD2364) were commenced on behalf of the HRA pursuent to HRA Board of Commissioners Resolution No. 541, dated February 28, 1995 to implement the provisions of the HRA's Interstate- Lyndale-Nicollet Redevelopment Plan.. WHEREAS, included within the Subject Property as Parcels 7 and 8 is certain real estate located at 901 West 77-1/2 Street and 920 West 78th Street, the equitable owners of which are Terry D. Feldmann and Feldmann Holding Corporation {collectively, "Feldmann") and the tenant of which is Richfield Motors, Inc., DBA Richfield Mitsubishi ("Mitsubishi"} ("Feldmann/Mitsubishi Property"). HRA Resolution No. 549 -2- WHEREAS, HRA is contractually obligated to aquire the Subject Property pursuant to a contract for private redevelopment between the HRA and CSM Corporation ("CSM") to enable redevelopment of the Subject Property as Phase II of CSM's Shops at Lyndale Project; WHEREAS, attached hereto as Exhibit B is an excerpt from a letter dated May 3, 1994 to Murray Kornberg of CSM from RE/SPEC, Inc. which describes the possibility that the Feldmann/Mitsubishi Property may have been affected by a release of tetrachlorethene from a dry cleaning facility upgradient from the Feldmann/Mitsubishi Property. Upon information and belief, tetrachlorethene is a hazardous substance. Exhibit B also indicates that a portion of the Feldmann/Mitsubishi Property has not been investigated for possible contamination from the dry cleaner or other sources and that the Minnesota Pollution Control Agency's assurances of non-association were applicable only to Feldmann Holding Corporation, Vivian Swanson and Richfield Mitsubishi. Thus, it is incumbent upon a buyer of the Feldmann/Mitsubishi Property to independently investigate the Feldmann/Mitsubishi Property to confirm that it is free of contamination which could result in liability to remediate any condition which may exist on the Feldmann/Mitsubishi Property; WHEREAS, attached hereto as Exhibit C is a letter dated April 28, 1995 to Murray Kornberg of CSM, from Kevin Pierson, Senior Project Manager for RE/SPEC, Inc., indicating that RE/SPEC, Inc. has discovered evidence of contamination on the property located at 908 to 918 West 77} Street ("Don's Appliance Property"), the property located immediately northerly of and across West 77-1/2 Street from the Feldmann/Mitsubishi Property. At this time it appears most likely that the source of the newly discovered contamination on the Don's Appliance Property was the activities of Terry Feldman Imports, which occupied the Don's Appliance Property from approximately 1985 through 1991; WHEREAS, attached hereto as Exhibit D is City of Richfield Permit No. 12461 authorizing the installation of a used oil storage tank on the Don's Appliance Property at the request of "Terry Feldman's", the owner; WHEREAS, Terry Feldman's Imports was also apparently a previous occupant of the Feldmann/Mitsubishi Property. By its terms, the no-action letter previously obtained by Feldman and Richfield Mitsubishi with respect to the Feldmann/Mitsubishi Property is not sufficiently broad to protect the HRA (if it purchases the Feldmann/Mitsubishi Property) or CSM (if it purchases the property from HRA) and the no-action letter does not embrace all of the Feldmann/Mitsubishi Property. The protection afforded by the no-action letter previously obtained by Feldman is only as good as the information which was available to the MPCA at the time MPCA provided the no-action letter. The information available to MPCA at the time of the no-action letter was inadequate in that it did not include the information described in Exhibit C and it did not include tests for that part of the Feldmann/Mitsubishi Property HRA Resolution No. 549 -3- lying south of the building now located on the Feldmann/Mitsubishi Property. The prevailing direction of ground water flow is southerly to south easterly in the immediate area of the Feldmann/Mitsubishi Property so that any contaminants, pollutants or hazardous substances which may have been released from within the building now located on the Feldmann/Mitsubishi Property and which contaminated the groundwater, if any, would likely have flowed to the portion of the Feldmann/Mitsubishi Property which has not previously been tested. WHEREAS, the provisions of Minn. Stet. ~ 115.B.03, Subd. 5. provide limited protection to a condemnor of polluted property and the condemnor's purchasers. However, because of the limited scope of the protection provided by that provision, CSM and HRA staff recommend that the HRA investigate the extent of possible contamination of the Feldmann/Mitsubishi Property prior to the transfer of title and possession of the Feldmann/Mitsubishi Property to HRA, for the following reasons, among others: (a) even if HRA and CSM, as redeveloper of the Feldmann/Mitsubishi Property, are held to be immune from liability for cleanup of the Feldmann/Mitsubishi Property as a "responsible person", it is not clear from section 115B.03, Subd. 5 that CSM's tenants, mortgagees, or purchasers will enjoy the same protection from liability; (b) because HRA or CSM may still be obliged to cleanup contamination found on the Feldmann/Mitsubishi Property, even though they are not found to be a responsible person under Section 115B.03, Subd. 5 (e.g., in order to satisfy a tenant, mortgagee or purchaser), HRA and CSM wish to know the extent of the contaminating conditions so as to know the cost of cleanup to which they may be exposed in the event they accept title to the Feldmann/Mitsubishi Property. (c) The objective of HRA and CSM is to construct new structures on the Feldmann/Mitsubishi Property and the objective of CSM is to rent, mortgage, and, potentially, sell the Feldmann/Mitsubishi Property, including those improvements. It is the experience of CSM and HRA staff and counsel that tenants, buyers and lenders will be much less willing to occupy, loan funds to or purchase a property which has a history of contamination, especially if the contamination has never been remediated, without the protection provided in Minn. Stet Section 115B.03. The greater the amount of contamination, the greater the risk of lack of market acceptance which CSM and HRA will incur. It is important for CSM and HRA to know the extent of this risk before either of them accepts title to the Feldmann/Mitsubishi Property. HRA's attorneys have requested the right to transfer title and possession of the Subject Property to HRA effective as of May 31, 1995. HRA Resolution No. 549 -4~- (d) Pursuant to Minn. Stat. ~ 117.195 it is possible for the HRA to discontinue the condemnation proceeding with respect to a parcel of property prior to the transfer of title and possession of that property to the HRA. It is essential for HRA and CSM to know the extent of contamination on the Feldmann/Mitsubishi Property prior to the passage of title to the HRA in order to permit HRA to discontinue the condemnation proceeding with respect to the Feldmann/Mitsubishi Property if the extent of contamination on the Feldmann/Mitsubishi Property is such that HRA or C5M would wish to avoid accepting title and possession of the property. WHEREAS, in a given case, it is possible that the extent of contamination of a property may be so great as to pose a threat to health and safety. In such a case, it would be undesirable for HRA to become obligated to accept the transfer of title and possession of the property before knowing the full extent of the contamination (i.e., whether levels of contaminants are present which would cause a threat to health and safety). WHEREAS, it is impractical for HRA to rely solely upon the provisions of Section 1158.03, subd. 5 in protecting itself from liability because CSM may refuse i~® esccept itit?e fr®an HRA i£o by undertaking various construction activities on the Feldmann/Mitsubishi Property, HRA or CSM could arguably become so associated with the contaminating conditions that HRA or CSM could lose their protection from liability under Section 115B.03, Subd. 5. WHEREAS, HRA's attorneys have requested that the owner of the Feldmann/Mitsubishi Property permit the HRA and its consultants to enter the Feldmann/Mitsubishi Property for the purpose of performing soil borings and related sampling and testing to attempt to determine whether soil located upon the Feldmann/Mitsubishi Property or groundwater beneath the property may have been contaminated by a release from within or outside the Feldmann/Mitsubishi Property; WHEREAS, the owner of the Feldmann/Mitsubishi Property has so far refused to grant the HRA and its consultants permission to undertake such activities upon the Subject Property; WHEREAS, the HRA may incur liability under state or federal law for conditions of contamination present on the Feldmann/ Mitsubishi Property if the HRA does not attempt in a reasonably prudent manner to investigate conditions present on the Feldmann/ Mitsubishi Property prior to acquisition of the Feldmann/Mitsubishi Property; WHEREAS, the HRA desires to be as well informed as possible concerning the extent of any possible contamination present on the Feldmann/Mitsubishi Property prior to concluding negotiations concerning the possible purchase price for the Feldmann/Mitsubishi Property and prior to commencement of eminent domain proceedings in HRA Resolution No. 549 -5- the event that the HRA is unable to obtain a voluntary acquisition of the Feldmann/Mitsubishi Property. NOW, THEREFORE, be it resolved by the Board of Commissioners of the HRA in and for the City of Richfield as follows: A. The Board of Commissioners hereby finds that acquisition of the Feldmann/Mitsubishi Property in eminent domain proceedings has previously been determined by this Board to be required and hereby affirms that determination. B. The HRA has reason to believe that a hazardous substance, pollutant, or contaminant is present on the Feldmann/Mitsubishi Property or the release of a hazardous substance, pollutant or contaminant may have occurred or is likely to occur on the Feldmann/Mitsubishi Property. C. Entry upon the Feldmann/Mitsubishi Property for environmental testing is rationally related to health, safety, or welfare concerns of the HRA in connection with possible eminent domain proceedings. D. The Owner of the Feldmann/Mitsubishi Property has refused to consent to the entry of the HRA and its consultants upon the property for environmental testing. The HRA's Attorney is directed to apply for a court order authorizing the entry and the removal of any sample or portion from the Feldmann/Mitsubishi Property, giving notice of the court hearing concerning the HRA's request for the order to the Owner of the Feldmann/Mitsubishi Property or its attorney. The notice shall also give the Owner the option of requesting an equal amount of any sample or portion taken from the Feldmann/Mitsubishi Property and a copy of any data obtained or report issued. E. The notice to the owner shall also state that the HRA's Executive Director and the HRA Attorney are directed to require that HRA employees or consultants who enter the Feldmann/Mitsubishi Property are to do no unnecessary damage to the Feldmann/Mitsubishi Property and that they shall restore the Feldmann/Mitsubishi Property to substantially the same condition in which it was found. If said employees or consultants remove a sample or portion of the Feldmann/Mitsubishi Property for investigation, monitoring, or testing, or if they obtain any data or issue any report, they shall give the Owner of the Feldmann/Mitsubishi Property an equal amount of the sample or portion and a copy of any data or report, if requested by the Owner of the Feldmann/Mitsubishi Property, and they shall permit the Owner of the Feldmann/Mitsubishi Property to perform independent investigation, monitoring, or testing of the sample or portion. G. Results of testing performed on the Feldmann/Mitsubishi Property shall be included in any environmental assessment HRA Resolution No. 549 -6- worksheet or environmental impact statement which the HRA is required to prepare under Minn. Stet., Ch. 116D. Passed by the HRA in and for the City of Richfield this 22nd day of May, 1995. Thom s E. Harms, Chairperson ATTEST: Vern Luettinger, ecretary 0 EXHIBIT A Parcels 1 and 14 (Torrens Certificate Nos. 786331 and 802981)(P Nos. 33-OZ8-24-44-.0082 and -0076)s Description of Property to be Taken: That part of Lot 1, lying West of the East 10.5 feet thereof, and the East,: 10.34 feet of Lot Z, Block 1, STRAND-HOWEN SECOND ADDITION, Hennepin County, Minnesota and The west 10 feet, 6 inches of Lot 10 and all of Lot 11, Block 1, STRAND-HOWEN ADDITION TO RICHFIELD, Also the east 10.5 feet of Lot 1, Block 1, STRAND-HOWEN SECOND ADDSTiON ail in Hennepin County Minnesota _ Together with any and .all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street-and utility easements in favor of the City of Richfield Property Address: 900 and 815, and 618 77-1/2 Street West, Richfield Name Nature of Interest Daniel Adelmann, Trustee of Fee Owner the Robert F. Adelmann Trust David Adelmann, Trustee of the Fee Owner Robert F. Adelmann Trust TOP LINE CYCLE, INC., a Tenant Minnesota corporation Mark Turnberg, d/b/a Weekend Tenant Freedom Lawn & Garden Equipment, a/k/a Weekend Freedom Sports 6 Garden Equipment Fee owners named in Parcel 2 Party Wall Agreement of this Exhibit A Document No. 601923 Fee owners and mortgagees named in Parcel 13 of this Exhibit A Party Wall Agreement Document No. 555892 ' City of Richfield County of Hennepin c~aenos RC12S-9S Special assessments; utility easement Real estate taxes A-1 Exhibit A (cottt'd) irate No. 661709 )(P_ID No. 3 Description of Property to be Tokens _. a~!' Q T =7 Lot 3 and that part of Lot 2 lying west of the East 10.34 feet thereof, Block 1, STRAND-HOWEN SECOND ADDITION, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto,. vacated or to be vacated, and together with any and all app~e- nant easements. 9i1BJECT, however, to existing street and utility easements in favor of the City of Richfield Property Address: 902 77-1/2 Street West, Richfield ~l18a~e L3at~Pe ~g Yflteree~ Kevin Louis Contract for Deed vendee Deborah Louis Contract for Deed vendee Fee owners named in Parcel 1 Party Wall Agreement of this Exhibit A Docwaent No. 601923 Fee owners and mortgagee named Party Wall Agreement in Parcel 3 of this Exhibit A Document No. 609801 Ridge Door Sales & Service, Inc., a Minnesota Corporation City of Richfield Hennepin County Tenant Special assessments Real estate taxes 1 caae~sos ncias-9s A-2 1 Exhibit A (cont'dj Description of Property to be Taken: n -028-24-44- Lots 4 and 5, Block 1, STRAND-BOWEN SECOND ADDITION, Hennepin County,- Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: 904 77-1/2 Street West, Richfield Nye Nature of interest Wayne A. Bebeau Fee owner Richard J. Henchal Fee owner Sandra A. Henchal Inchoate interest Brooklyn Park Bank, acquired Mortgagee by and now known as Marquette Bank Brooklyn Park Fee owners named in Parcel 2 of this Exhibit A CSM Investors, Inc., a Minnesota corporation Marilyn L. Bebeau Timothy Hennessey, d/b/a Sunset Auto Detail City of Richfield Hennepin County CR887209 RC125-95 Party Wall Agreement Document No. 609801 Party Wall Agreement Document No. 609802 Possible claimant Contract for deed vendee Special assessments Real estate taxes A-3 Exhibit A (cont'd) F Description of Property to be Taken: 526 Lots 1, 2, 3 and 4, Block 2, STRAND-HOWEN SECOND ADDITION, Hennepin County, Minnesota and Lots 5 to 11, inclusive, Block 2, STRAND-BOWEN SECOND ADDITION, according to the recorded plat thereof, Hennepin County, Minneso- ta Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurte- nant easements, E7CCEPTING that part of Colfax Avenue South as dedicated in the plat of STRAND-BOWEN-SECOND ADDITION, which lien southerly of the center line of W®st 77 1/a Street as ded~~at~ed in said plat, AND ALSO E%CEPTING 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. SUBJECT, however, to the rights of the State of Minnesota in certain access restrictions created by Final Certificates filed June 19, 1963 as Document No. 733619; SUBJECT ALSO to an easement in favor of Northern States Power Company dated November 26, 1965, filed November 29, 1965 as Document No. 829621; SUBJECT ALSO to existing street and utility easements in favor of the City of Richfield. Property Address: 901 77-1/2 Street West and 920 7b~th Street West, Richfield Name Nature of Interest Louis D. Hunt Fee owner (Cert. 393104) June J. Hunt Inchoate interest (Cert. 393104) Vivian L. Swanson Fee owner (Cert. 526623) Terry D. Feldmann Contract for deed vendee (Cert. 393104). j Spouse of Terry D. Feldmann, Inchoate interest if any (Cert. 393104) Feldmann Holding Corporation, Contract for deed vendee a Minnesota corporation (Cert. 526623) C11HB7209 RCiZS-95 A-4 Exhibit A (cont'dj Name Nature of Interest Community Bank, N.A., merged Mortgagee (Cert. 526623) with Bank Midwest, Inc., National Association, which then merged with Truman National Bank and Trust Company and which is now known as Bank Midwest, National Association Richfield Motors, Inc., a Tenant Minnesota corporation, d/b/a Richfield Mitsubishi State of Minnesota Snow fence easement City of Richfield Special assessments Hennepin County Real estate taxes 1 1 G88T209 xciis-9s A-5 Exhibit A (cont'd) and icate Nos. 4 7 Description of Property to be Taken: Lots 1 and 2, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota - and Lots 3 and 4, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to an easement in favor of U.S. West Communications, Inc. dated December 16, 1992, filed December 28, 1992 as Document No. 23Z9Z24; SUBJECT ALSO to existing street and utility easements in favor of the City of Richfield - Property Address: 800 and 804 77-1/2 Street West, Richfield Name Nature of Interest Anthony B. Doherty Fee owner Spouse of Anthony B. Doherty, Inchoate interest i f any Fee owners-and mortgagees Party Wall Agreements named in Parcel 11 of this Document Nos. 500398 and Exhibit A 500400 Doherty Furniture & Carpet Co., a Minnesota corporation d/b/a Doherty's Home Furnishings . Tenant City of Richfield Hennepin County Special assessments Real estate taxes f] 1 i~ c~se~2os RC12S-9S A-6 Exhibit A (cont'd) parcels ii and 12 lTorrens Certificate Nos. 5.42041 and 6 Description of Pro arty to be Taken: Lots 5 and 6, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota and Lots 7 and 8, Block 1, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurte- nant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: `~ 808 and 812 77-1/2 Street West, Richfield Name Nature of interest Adelmann and Schulz, a part- Fee owner Warship consisting of Robert F. Adelmann and Wilfred O. Schulz First Western Bank - Richfield Mortgagee Summit State Bank of Rich- Mortgagee field, which has been acquired by and is now known as Firstar Bank of Minnesota, National Association First Western Bank, acquired by and now known as Firstar Bank of Minnesota, National Association Mortgagee and financing state- ment creditor Fee owners named in Parcels 9 and 10 of this Exhibit A Fee owners named in Parce1~13 of this Exhibit A C11H87209 AC125-93 Party Wall Agreement Document Nos. 500398 and 500- 400 Party Wall Agreement Document No. 711441 A-7 Exhibit 11 (coast' d) Name Nature of Interest Boran General Trading, Inc., a Tenant Minnesota corporation, d/b/a Boran's General Trading and Boran's:General Trading Co., a/k/a Boran's General Tradinq Company, Inc. Curtis Rosequist d/b/a Cum's Tenant TV, a/k/a Cum's TV Sales ~ Service Thomas Carlson, d/b/a C and S Tenant Service Steven H. Rrohn, d/b/a Quality Tenant Computer Service ~®hn Mo ~ebahaa, d/b/a Q¢aality Tefla~t Computer Service Doherty Furniture & Carpet Tenant Co., a Minnesota corporation, d/b/a Doherty's Home Furnish- ings City of Richfield ~ Special assessments Hennepin County Real estate taxes LJ 1 i~ caae~zo9 AC12s-9s A- 8 Exhibit 11 (cont' d) -Z4-44- Descri tion of Property to be Takan:_ 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, Slock 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. Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: 816 77-1/Z Street West, Richfield Name Nature of Interest Robert F. Adelmann Fee owner Lorraine Adelmann Fee owner Daniel Adelmann, as Trustee of Fee owner ' the Robert F. Adelmann Trust David Adelmann, as Trustee of Fee owner the Robert F. Adelmann Trust Fee owners and mortgagees Party Wall Agreement named in Parcel 12 of this Document No. 711441 Exhibit A Fee owners named in Parcel 14 Party Wall Agreement of this Exhibit A Document No. 555892 Business Furniture Brokers, Tenant Inc., a Minnesota corporation, d/b/a The Business Furniture• • Store, Inc. • City of Richfield Special assessments Hennepin County Real estate taxes casa~sos seise-9a A-g Exhibit A (coated) and Lots 4, 5, 6 and 7 and the west 1 foot of Lot 3, Block 2, STRAND- HOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota and Lots 1 and 2; and Lot 3 except the west 1 foot thereof, Block 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County; Minnesota 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 and Lot 5, Block 2, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to the rights of the State of Minnesota in certain access restrictions created .by Final Certificates filed June 19, 1963 as Document No. 733619; SUBJECT ALSO to existing street and utility easements in favor of the~City of Richfield Property Addresses: 819, 811, 809, 803, 801, 725, 723, and 719 77-1/2 Street West Name Robert F. Adelmann Nature of Interest Fee owner (Parcels 15-18); contract for deed vendee (Parcel 19) i~ Lorraine Adelmann case~so9 AC12S-9S Inchoate interest A-10 Lots 8, 9, 10 and 11, Block Z, STRAND-BOWEN ADDITION TO RICHFIELp, Hennepin County, Minnesota Exhibit A (cont'd) Name Jens H. Andersen Ruth H. Andersen First Hank National Association Fee owner named in Parcel 20 of this Exhibit A Richfield Plumbing Co., a Minnesota corporation Great Northern I., Inc., d/b/a The Drapery Place Hagen Office Equipment;' Ins., d/b/a Hagen Micro Age Richard C. Ott, d/b/a R P M Automotive Paul J. Brinks, d/b/a R P M Automotive Lael Letecki, d/b/a Classic Car Care Richfield Motors, Inc., a Minnesota corporation, d/b/a Richfield Mitsubishi TOP LINE CYCLE, INC., a Minnesota corporation State of Minnesota City of Richfield Hennepin County c~aenos RC125-95 Nature of Interest Fee owner (Parcel 19) Fee owner (Parcel 19) Mortgagee (Parcel 17) Party Wall Agreement Document No. 556547 Tenant Tenant Tenant Tenant Tenant Subtenant Tenant Possible leasehold Snow fence easement (Parcels 15, 16 and 17) Special assessments Real estate taxes A-11 Exhibit A (cont'd) 2 cote Description of_Property to be Taken: . 3~-oze-z4-as- Lot 4,-Block Z, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. . Property Address: 715 77-1/2 Street West, Richfield Name - ~ Nature of Interest F & D Properties, a Fee owner partnership consisting of Dayle R. Erickson and Fred C. Talbot Fee owners and mortgagee named in Parcel 18 of this Exhibit A Fee owners named in Parcel 21 of this Exhibit A Borofka Huth Bedrooms, Inc., d/b/a PM Sleep Center City of Richfield Hennepin County Party Wall Agreement Document No. 556547 Party Wall Agreement Document No. 444542 Tenant Special assessments Real estate taxes i~ ~I caae~zo9 ncus-9s A-1Z I~ Exhibit A (cont'd) 228498)(PID No a Description of Property to be Taken: Lots 2 and 3,-Block 2, STRAND'S SECOND ADDITION TO. RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, .vacated or to be vacated, and together with any and all appurtenant easements.. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: Name Robert F. Adelmann Lorraine Adelmann 705 77-1/2 Street West, Richfield Nature of Interest Fee owner Fee owners named in Parcel Z2 of this Exhibit A Fee owner named in Parcel 20 of this Exhibit A Twin City Tire, Incorporated Naegele Outdoor Advertising, Inc. Borofka Huth Bedrooms, Inc. City of Richfield Hennepin County caae~zcs RC125-93 Inchoate interest Party Wall Agreement Document No. 475734 Party Wall Agreement Document No. 444542 Tenant Sign lease Sign lease Special assessments Real estate taxes A-13 Exhibit A ( corn' d) Parcel 0095): No. -028-24-44- Description of Property to be Taken: Lot 1, Biock 2, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and ail streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: 701 77-1/2 Street West, Richfield Name Nature of Interest Lula H. Rerssen Fee owner Spouse of Lula H. Rerssen, if any s Fee owners named in Parcel 21 of this Exhibit A Greg Njoes d/b/a Richfield Flowers City of Richfield Hennepin County Inchoate interest Party Wall Agreement Document No. 475734 Tenant Special assessments Real estate taxes 1 cnasT2os Rcszs-ss A-14 Exhibit A (cont'd) Parcels 23. 24 aHd 25 (Torrens_C_ertificate Nos. 691007 Description of Property to be Taken: Lots l0~and 11, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota - and Lot 9, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota and Lot 8, except the easterly 6 inches thereof, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: 718 and 712 77-1/2 Street West, Richfield Name Nature of Interest • William T. Homer Fee owner Janis M. Homer Fee owner First Security State Bank Mortgagee and assignee of leases and rents Fee owners named~in Parcel 26 Party Wall Agreements of this Exhibit A Document Nos. 433420 and 483425 Genuine Parts Company, a Tenant Georgia corporation d/b/a NAPA Auto Parts PREFERRED MECHANICAL SERVICES Tenant CORPORATION, d/b/a Preferred Heating and Air Conditioning . Company City of Richfield Special assessments Hennepin County Real estate taxes 071887209 xcus-9s A-15 Exhibit A (cont'd) 0091)s No. Description of Property to be Takens No. 33-028-24-ta- Lots 6, 7 and the easterly 6 inches of .Lot 6, Block 1, STRAND'S SECOND ADDITION TO RICHFIELD, Hennepin County, Minnesota Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Addreses Name Reith C. James Mary Anne James 708,77-1/2 Street West, Richfield Nature of Interest Fee owner Fee owners and mortgagee named in Parcels 24 and 25 of this Exhibit A THE AMMONIA HOUSE, INC., a Minnesota corporation City of Richfield Hennepin County Fee owner Party Wall Agreement Document Nos. 433420 and 483425 Tenant Special assessments Real estate taxes i 1 1 C1iBl7209 nciss-ss A-16 Exhibit A (cont'd) Parcel A (No PID No.)(Affects Torrena Certificate No. 759625): Description of Property to be Taken: That part of West 77th Street as dedicated in the plat of STRAND- HOWEN 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. Said property is adjacent to and abutting the following described land: 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 thereof, Hennepin County, Minnesota SUBJECT, however, to existing street and utility easements in favor of the City of Richfield. Property Address: None. Adjacent to 918-914 77-1/2 Street West, Richfield Name ~ Nature of Interest CSM Investors, Inc., a Fee owner Minnesota corporation Adelmann - Schulz Partnership, Possible claimant a Minnesota general partnership City of Richfield Street easement Hennepin County Real estate taxes caae~so9 aces-9s A-17 ~~ 1 1 1 1 1 I~ M ^ M ~~~ 1~ r :.. • . ~ .. -; RSI(MPO)I30Z-006/04.94~~ 4 .1AttftS It~pld C,lt. South D~kou • Alhuquen~ut Xes Nt•:,;~ Pscrte. ~xtth i>ykeu• • M,nncapol,s, +iinne:at: May 3. 1994 Mr. Murray Kotnberg CSM Corporation 2561 Temtonal Read St. Paul, MN S51l41S0~ RE: Regulatory Fiie Reviews for Richfield, Minnnesob Redevelopment Pro,~ect RFISPEC Report No. 511 Dear Mr. Kornberg: The purpose of this report is to summarize RE/SPEC, Inc.'s (ItFJSPEC) review of select Minnesota Pollution Control Agency {~-IPCA) and Hennepin County Environmental Management Department (HC) files re arding sites at and in the vicinity of the Richfield redevelopment pco3ect (the SITE). The SITE is an area bounded by Lyndaie Avenue to the east. Market Drive to the south, Emerson Avenue to the west and West 97th Street to the north. The SITE does not include the Conoco service station located at the southwest corner of the Lyndalt Avenue/West 77th Street intersection. Environmental Data Resoucr:es. Inc. (EDR) initially searched various. state and federal environmental regulatory data bases to identify listed sites of known or potential environmental concern at or in the vicinity o[ the SITE (EDR report dated March ~ 1994). 'The EDR data base search was performed according to the requirements of an ASTM standard Phase 1 Environmental Site Assesstnent (AST~I Praotice E 1527-93. sec. 7 ? 1.1). Based primarily on their proximity to the SITE, available public infonttation on several EDR- identified MPCA and HC sites was reviewed for additional infornnacion by RElSPEC. Select portions of re[erenced reports. key figures and key cotrespoadence from these files are included as attachments to this repon. MPCA LeakinE Undergtround StoraSe Tank Sjtes Rich eld Miuubisht. 9z0 West 78th Street, Richfield (ort-S!?E) U Leaks]:e AISS12, discovered 9/92, closed 6/'93 One. S50-gallon used oil underground storage tarilc (US'I~ and two. SSO-gallon new motor oil USTs were reportedly located inside the northern porrion of the existing Richfield Mitsubishi building. A UST release war reported to the MFCA in July. 1992, when Appiicd Engineering found indications of contamination in hand auger borings placed near the USTs. Addittonal soil borings advanced by Twin City Testing Corporation (T'CT) in late 1992 sufficiently demonstrated co the MPCA that the petroletua release from the USTs did not significantly impact the environment. However, groundwater samples collected in two soil borings found tetrichloroerhene to be present in concentrations of 1S0 and 2i0 parts per billion (ppb), above the Minnesota Department of Heslth's (MDH) Recommended Allowable Limit (RAL) of 7 ppt`. Tetrachloroethene .is a sol~~cnt commonly associated with dry clesriiag or vapor degreasing Based on a "surficial inquiry". 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'(JIA) utr.J~oJd dnuraT, pue uottt:3rtsanul rtJetunTo,1 s,uonaa$ asuodsa~ ~,5 ayt uT atcdTanJCd of Tr.•~ii~ui saM tysTgnstTl~ PtatTttaitl '£6bi 'Jagwanoh u! •uortr.Jtsturwpu panuttuoa Jo; uotiaas asuodsa~ alts s,d~dT~t ayt of paJJatat scM at~s ayt ~sturucwt;;uoa wnatoii;,d-uou ,io aauasa~d ayi of anp •JanaMoH '£661 'I aunt uo xealaJ,I,s,Y ayi Ja tuauoduioa wnaTatad ayt ~o; jattai a,nsoTa a panysT VJdTr1I ay,I, I /bG• b0/900 • ZO£/tpd W)ISii 04/28/t1S 11:16 FAZ 812 64d 2404 CSII CUitrutce;lun a~vu.~ ~~~ Fran RE~SPEC ~~• Mr. Murray Kornberg CSM Investors. Ise. 2561 Texritorlal Road St. Paul. MN 55114 Sabjcc~ _-Phase A ESA Prchmia~try kilts RschfieldRedav meat . RB/SPBC g30~32 .• Aprn 28, 1995 Dear Mr. Kcrabergs As requested in our telephone convessadoa on Apr,1 27, 19 ~RB/S~PBCefr~encxd arts. TJte following prdim,iaary summary of the additional asses~aeat comp focus of the addidonal assessment was to tlurtber assess the extent of tetracbloroethene (PCE) impacts previously detected at the wwt end of tbs strip ma11 from 90$ to 918 West T1 1R Street is Richfield, MN. . The additional assessment belnded oollxtloa of sob and grotmd~ty samples for at~aiysis of PCE from 24 Geopmbe locations on the acterior of the bu8ding~ sad two one-foot-deep bo~rings located adjatxnt to floor drains inside tk building=. The raaopliag locadont are depicted on the attached Figurrs i sad 2. A sat~le of sedinoeac ~ adthin ~ MCS flooo< drain and a avatar sample from ~ f~a Dons AppIialsoe saver-lies oil/wata separator was also submitted for PCE analysis. The Gooprobe assessaxat wan conducted from Aprll 3.5,1995. . Oa Aprs17, 1995, an ttadagrotmd storage tank (US"I'1 vas ~~~ from die north side of tine Don's Appliance Stints. One earcavado~n bottom sampLC at oven and one bait foal brlo9v grade and two oue-foot below-grade sidowall sat~aples wets, oollectad and submitted for T'CB aaalYsis. A sanapie of the sludge from within the UST was shin submitted fra pC8 analysis, even thoagh there wan no ipdtcatioa of a release from the UST. 'The results of d-e soil sample analyses are posted on Figure 1 ~ with the sat>apk depth and ooa~r~pondiag pCg oontx~ration in parts Per-bilTioa (ppb) being posed adjacent to the sampling point. The posted values are those obtained using the gas chromatograph in the C,eeprobe's mobUe laboratory. The values contained is parentheses are the results of eonflrmatioa samples chat were submitted to a Minnesota certified laboratory. For Geoprvbe sampling Pokt GP-11, the C3eoprobe analytical results should be disregarded, since then was a reporting atrornaly associated with the Geoprobe analytical results. PF~E No. :613 486 9761 Apr. 29 1995 9: SAF~i'1 PBZ DCHIBIT C I11C. ~~ mr~ saa~ maven • ~, t~ ~ t~ sow t~ • ~, 6 *lne 7fee Gtive. sake 7a0. Mdtn ligif. Minnoiois SS112-3745 • (6113 ~1 • ~~uc (612) 486~97~6~ Froia s RE/SPEC Inc. Richfktd Atsessmeslt Results Apri128, 1995 ~ .. The g soil impacts were detecxed k the 0-2 foot depth interval of GP-15 asld QP-ZO located m the north of the forma dry ciesaers. PCE eonceatratioas Waging tfom 14,000 ppb to $5,000 ppb arc iadic~tive of a curfaca rdrase is this area. The next most signiflcaat detatioeia were PCE concxattations of 1,100 ppb is DP-16, located tv the mrtb of l]ou'a Appllanoe, sad 630 ppb that was oollesrted adjacxat m the floor drain is Don's Applisacx. T!>e sample evllected adjat~ent m the floor drain htside Don's Appliance does not appear to ~ attributable m an off~ite source. Graundardux aaalytic:al resulb are shown oa Figure 2. Past asst in the area indit~oed that PCE had apparently been released from the sower liaa near the intersection of West 77th Stroet and Colfax Avenue. The results: of tha a3ost sevetlt aasesctrtent appear m concur with the peat findings. There appmts m be a stgaificarlt ~PCS grotwdwuer phlme migiadng swtharest from the inYerseceiolt of ~ese r~i.eh street and ~Go-fax Avctme. ~owenrer, them flog appear to be an overlapping Plume. of k.ss tae, filar appears to ariginaoa from the mrt>a side of the tammer dry cleaners, migratlgg southwest. ~ . The results of the sludge safnpk from within tpe UST sad the water sample tbm the ollhvater separator associated with Don's Appliance are also shown on Figure 2. The sludge sampid oontahyed ?A,000 ppb of PCB, indi~tiag that former opetationa that used the UST (thought to be Feldataim Imports) also used PCE. Warr from within the o6/water n contained 7.1 ppb of PCE tLat is in e~ccess of the 7.0 ppb groundwater cleanup critGr3a. A detailed final mpnrt of the asaessmant results in being preparod and will be available loan. If you leave any questions, I may be wntact~ at 486-9711. Siaccrcly, REJSPEC Inc. K~ ~~'oK. ~vili Pierson, REA Senior Project Manager KBP PFD Fb. :612 486 9761 Apr. ?9 1995 9:59p~1 p83 r Attachments From RE/SPEC Ine. PF~E No. s 6i2 486 9761 Apr. 28 1995 10:00AM PBS t 1 I• I I 1 I 1 I .~ I 1 I I I I 1 I i~ I~ I 1 I I I I 1 I I I _~ _ i e s •• ~s~ i •_~ • *s~ ~~ ~ ~ .~~ m • ~m ~ ~~ `~ ~ ~~ • dd~ w o~ '~ ~e!p ~~. • ~• 1!~ ~: ~~~ =~~ ' d • v• .~,,, l~~~~~ ~ ga:i~~~~~ •~ +~ ~vn~ ~~~ ~~MQ ~ s~S e _w 1 ~~~\ _ I ~ ~ ~ j I '~ +.* ~ ~ . ~w ~ ~~ ~ l ~ , f ~ ~. ---• w I ~ z ~ ~= - L ~ i 1 ~ I w ~ ~ ~ ~ ~ a, ~' ~ 3 ~ ~ ~ ~° . ~ N •z ~ ~-- ~ ~ W~r ® ~ ~. ~ ~ gym: e~ ~~~.` F ~ ~ Z ~ ao 't #~ $~ 0~~ ~ ~ e H e~ ~e 0 v~~ ®ap •~~ ~ f,7 ° I ~I~.'!I f ~ ~" ~ ~ t ~~~~~ ~ ~~~~ oe•®~ 1 ~I I •~~ ~° ~ ~ . ~I ~ I 1 I • ~ 1 I nw~i+rarr.~o~ 1 1 Fran RE/S'P8C Inc. :~ ~ ~e I ~ ~ ~ ~ ~ ~ ~ ~~ I '~ ~ ~~ d t d ~ ~ ~ ~. ' O I $~ $ t 0 .' ~. ,~ ~ ~ ~ ~ $~ 4.0 v 1 I .;. ~ ~~ ~~ ~ °~ PFDt~E No. :612 486 9761 Apr. Q9 1995 18:01AM P95 ~f~l~$ dl~~~~~ ~II.9:~E~ ~S ~Q old o~ cR+«~•a~ ~~ ~ °~r e (wl o ~1~ ~ - . _ ~ I ~'~ ~ I ~ ~' ~. ~" •i i O ~ ~ ~ ~ ~ ~~._: w ~ 9dd ppg T e-~ I _ I ~ j ~ ,~ ~. 1t ~ a ~ ~~~ ~ .~ ~ ~N~~ ~~Wo~ d~~~ ~ ~ ~ ~ ~~~. ~. e ~ ~ ~ o, ~ ~v C7 m «e et eo s ®~ ~° ~ I ~!, I I I ;~ ~:i 0 ~ ~ ~ $e ~ ~ ~ ~. . ~ ~ i ~~ ~ ~~~~ .. o oe~® ~ • ~I 0* ~~ ~~ ~ ~ ~ ~ 1 1 . ~ i w s ;~ ~~ ~ ' ~~-~ ~ S00/S00~1• ~ _ NOIZY~10d~10~ 1IS~ fOfZ 919 ZT9 ZY3 LT:TT SQ/9?/f0 ~ • Clcy of Rt'chffold";-''Plln. ota gx~~~`.~.``~ -'-~1ij~;'~ Uepartmcnt of Puhl~c Mesks=lnsp:l~p v ~',. ;.~~. .•c•j~y •Of. ~ • _'' Prilnll FOr • .-.., : ~ , .. • ~ `., 1 1 : r Vii' ' "r i c h f i e l d HEATING/VENTI • ; } I' •~• • L.ATING/REFRIGERATION/AIRCONOIT. • • ~ ~~ • ~•• •••~ • -• Jahsite Address_ 914 West 771s Street ' Dt+ner -Terry Fel am,,,,1 o Address Contractor Richfield P1 ~m:.•~_Address_ AnS ~-..ot• ~y(~ ltr,•...r • Li cet,sed Occupant Owner IVORl: DESCRIPTION Completion Oate:_ CHECK [] HEATING O AIR CONDITIONING O GA8 PIPING TYPF ~ ~ ~ STEAIA 801LER Q VENTiLATiNO O ALTER./REPAIR SrSIE~s Q HOT WATER BOILER {] REFRIGERATION I] WSC. L.? FuGI 11ak~ i•:z- .M _ Permit No.• 12461 pate~(tg,~8. 1985 .100 f.OST ~ Cortifiecl p cstimatea m Q $ RESIDENTIAL iEE ..... . • O WMYERCIAL iEE........ ~ - 560.00 INDUSTRIAL FEE......... ~ ~ OAS PD'El6 fEE ......... S STATE SURCHARGE ....... ~ • 50 PENALTY ............. S TOTAL FEE...... ~ - $60.50 I s ec io s pate Ins actor P /b -Y.~ ~ -/9- P~ ~,T -P lion Ourners(No. of U nit) Sise ' Storage Tanks P-~s P. ~''1T...•..d Fuel Conversions . ~;.a/a,~... ~E'71 Electric Ileating Liquid Petro. Storage Stoker ~ P. Fuel Our. Mlsc. F(u~ Dlonulu CALL FOR ROUGII-IN INSPECTION In u1 CFlrt ANp FINAL INSPECTION ~~[,~il~• 887-9632 Tom H•P 00 NOT WRITE IN THIS SPACE emar s• PERMIT ISSUED . o ~° ~ ~ . D m= Richfield Plualbin Com an Ir n w, issooaKrn a so arw a outow ~o oxa noon Mo oo* on tho oapr • oondl loo flat th nototloa ohsll be dame In «"°u ~° onoogra M01~1 ouwrtw or wt nwsnws ro aounw or ny, , AU(, O p ~(!p~ ocaordoac !th tho dlao 0o d hootlnE ono rofrlderotfoo oot~p•.w~waN.nrnuo p. uo otw,st. Ao Cnr ar o~wow wwo w lv7 v JO aod~o of IN Cltr of of and tho Bt~to of Mlaaeooto. o~owaw~n w ro ooAw[cMq er uwwwttw oaaoro ro ~ oua~- o NMI wKf r NIptO h IIY O~nt/. ~~/ MIIN WILIOAI~O /r TMt CAiM1El1 TMIi ~[Itl11T TECONtf YOY11 AlCtl-T. NonoSfr• Ild nS oad Inopoetlou Dl~lolon • CITY OF• RICHFIELD ~ DT, ~-- ~---- _ • 1 L