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1995-550120 HRA Resolution No. 550 All Properties 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 estate 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") ("Feldman/Mitsubishi Property"); HRA Resolution No. 550 -2- .WHEREAS, HRA is contractually obligated to squire 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 8 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 Subject Property to independently investigate the Subject Property to confirm that it is free of contamination which could result in liability to remediate any condition which may exist on the Subject 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, it is possible that a release on the Don's Appliance Property or the Feldmann/Mitsubishi Property or other source may have migrated to other portions of the Subject Property; WHEREAS, Terry Feldman's Imports was also apparently a previous occupant of the Subject Property. By its terms, the no- action letter previously obtained by Feldman and Richfield Mitsubishi with respect to the Subject Property is not sufficiently broad to protect the HRA (if it purchases the Subject Property) or CSM (if it purchases the property from HRA) and the no-action letter does not embrace all of the Feldman/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 HRA Resolution No .550 -3- 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 Subject Property lying south of the building now located on the Subject Property. The prevailing direction of ground water flow is southerly to south easterly in the immediate area of the Subject Property so that any contaminants, pollutants or hazardous substances which may have been released from within the building now located on the Subject Property and which contaminated the groundwater, if any, would likely have flowed to the portion of the Subject Property which has not previously been tested; WHEREAS, the provisions of Minn. 5tat. ~ 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 Subject Property prior to the transfer of title and possession of the Subject Property to HRA, for the following reasons, among others: (a) even if HRA and CSM, as redeveloper of the Subject Property, are held to be immune from liability for cleanup of the Subject Property as a "responsible person", it is not clear from section 115B.03, Subd. 5 that C5M'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 Subject 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 Subject Property. (c) The objective of HRA and CSM is to construct new structures on the Subject Property and the objective of CSM is to rent, mortgage, and, potentially, sell the Subject 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. Stat 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 Feldman/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. 550 -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 Subject Property prior to the passage of title to the HRA in order to permit HRA to discontinue the condemnation proceeding with respect to the Subject Property if the extent of contamination on the Subject Property is such that HRA or CSM 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 115B.03, subd. 5 in protecting itself from liability because CSM may refuse to accept title from HRA if, by undertaking various construction activities on the Subject 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, representatives of CSM or HRA have requested that the various owner of the Subject Property permit the HRA and its consultants to enter the Subject Property for the purpose of performing soil borings and related sampling and testing to attempt to determine whether soil located upon the Subject Property or groundwater beneath the property may have been contaminated by a release from within or outside the Subject Property or the Don's Appliance Property or any other property; WHEREAS, the owners of several parcels of the Subject Property have so far refused to grant the HRA and its consultants permission to undertake such activities upon their respective portions of the Subject Property; WHEREAS, the HRA may incur liability under state or federal law for conditions of contamination present on the Subject Property if the HRA does not attempt in a reasonably prudent manner to investigate conditions present on the Subject Property prior to acquisition of the Subject Property; WHEREAS, the HRA desires to be as well informed as possible concerning the extent of any possible contamination present on the Subject Property prior to concluding negotiations concerning the possible purchase prices for the Subject Property and prior to commencement of eminent domain proceedings in the event that the HRA Resolution No. 550 -5- HRA is unable to obtain a voluntary acquisition of the various portions of the Subject 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 Subject 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 various portions of the Subject Property or the release of a hazardous substance, pollutant or contaminant may have occurred or is likely to occur on various portions of the Subject Property. C. Entry upon the Subject Property for environmental testing is rationally related to health, safety, or welfare concerns of the HRA in connection with possible eminent domain proceedings. D. If an Owner of a parcel of the Subject Property refuses to consent to the entry by 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 particular parcel of the Subject Property, giving notice of the court hearing concerning the HRA's request for the order to the Owner of that property, or its attorney. 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 Subject Property are to do no unnecessary damage to the Subject Property and that they shall restore the Subject Property to substantially the same condition in which it was found. If said employees or consultants remove a sample or portion of the Subject Property for investigation, monitoring, or testing, or if they obtain any data or issue any report, they shall give the Owner of that portion of the Subject Property an equal amount of the sample or portion and a copy of any data or report, if requested by the Owner of the Subject Property, and they shall permit the Owner of that portion of the Subject Property to perform independent investigation, monitoring, or testing of the sample or portion. G. Results of testing performed on the Subject Property shall be included in any environmental assessment worksheet or environmental impact statement which the HRA is required to prepare under Minn. Stat., Ch. 116D. Passed by the HRA in and for the City of Richfield this 22nd day of May, 1995. E7OiIBIT A 1 r 1 E Description of Property to be Taken: 786331 and 802 That part of Lot 1, lying West of the East 10.5 feet thereof, and the Easy 10.34 feet of Lot 2, Block .l, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota 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 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: Richfield Name 900 and 815, and 818 77-1/2 Street West, Daniel Adelmann, Trustee of the Robert F. Adelmann Trust Nature of Interest Fee Owner 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 & Garden Equipment Fee owners named in Parcel 2 of this Exhibit A Fee owners and mortgagees named in Parcel 13 of this Exhibit A City of Richfield County of Hennepin c~-ae~sos nci2s-ss Party Wall Agreement Document No. 601923 Party wall Agreement Document No. 555892 Special assessments; utility easement Real estate taxes A-1 Exhibit A (cont'd) 2 (Torrens Certificate No. 661709 )lPiD No. 33-028-24-aa- 0083: Description of Property to be Takens 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 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: 902 77-1/2 Street West, Richfield btT~1IIQ4G Z3~1~~IIPO Og IY~i :ePQOSr 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 Document 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 caee~2os AC125-95 Tenant Special assessments Real estate taxes A-2 1 Exhibit A (cont~d) Description of Property to be Taken: -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 Name 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 Sank 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 caee~zo9 AC125-85 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) Parcels 7 and 8 lTorrens Certificate Nos. 393104 and 526623)LPID Nos. 33-028-24-44-0088 and -0089): Description of Property to be Taken:. Lots 1, 8, 3 and 4, Block 2, STRAND-BOWEN 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, EXCEPTING 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 dedicat®d in said plat, AND ALSO EXCEPTING 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 78th 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) Spouse of Terry D. Feldmann, Inchoate interest if any (Cert. 393104) Feldmann Holding Corporation, Contract for deed vendee a Minnesota corporation (Cert. 526623) CA687209 RC125-95 A- 4 Exhibit A (cont'd) 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 tales C11H8~209 RC125-95 A- S .Exhibit A (eont'd) 0 (Torrens Certificate Nos. 450932 and 7339081tprn Description of Property to be Taken: Lots l 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, Ync. dated December 16, 1992, filed December 28, 1992 as Document No. 2329224.; 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 if any Fee owners and mortgagees Party Wall Agreements named in Parcel 11 of this Document .Nos. 500398 and . Exhibit A 500400 Doherty Furniture & Carpet Tenant Co., a Minnesota corporation d/b/a Doherty's Home Furnishings City of Richfield Special assessments Hennepin County Real estate taxes c~-ae~io9 nci=s-9s A-6 Exhibit A (cont'd) Parcels 11 and 12 l7 f a Descrivtion of Property 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- Want 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 nership 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 Parcel 13 of this Exhibit A Party Wall Agreement Document Nos. 500398 and 500- 400 Party Wall Agreement Document No. 711441 1 c~ee~zo9 AC12S-9S A-7 Exhibit A (cont'd) Name Nature of_interest Horan General Tradinq, Inc., a Tenant Minnesota corporation, d/b/a Horan's General Tradinq and Horan's~General Tradinq Co., a/k/a Boran's General Tradinq Company, Inc. Curtis Rosequist d/b/a Curtis Tenant TV, a/k/a Cum's TV Sales i Service Thomas Carlson, d/b/a C and S Tenant Service Steven H. Krohn, d/b/a Quality Tenant Computer Service -- J®haa ~4. ~a1~a~apa, dl/b/a q~alfty Y®aaat 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 i 1 G887208 xci2s-4s A- 8 Exhibit A (cont'd) ficate No. 770962)_(PID No. 33-028-24-44- Descri tion of Property to be Taken: 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 Eaat 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 77-1/2 Street West, Richfield Name Nature of Interest Robert F. Adelmann Fee owner Lorraine Adelmann Fee owner Daniel Adelmann, as Trustee of the Robert F. Adelmann Trust David Adelmann, as Trustee of the Robert F. Adelmann Trust Fee owners and mortgagees named in Parcel 12 of this Exhibit A Fee owners named in Parcel 14 of this Exhibit A Fee owner Fee owner Party Wall Agreement Document No. 711441 Party Wall Agreement 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 GB87208 RC126-95 Real estate taxes A-9 Exhibit A (cont•d) 17, 18 and i a Lots 8, 9, 10 and 11, Hlock Z, STRAND-BOWEN ADDITION TO RICHFiE7~D, Hennepin County, Minnesota and 27132 Lots 4, 5, 6 and 7 and the west 1 foot of Lot 3, Hlock Z, STR~p- BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota and Lots 1 and 2; and Lot 3 except the west 1 foot thereof, Hlock 2, STRAND-BOWEN ADDITION TO RICHFIELD, Hennepin County, Minnesota and That part of the vacated Aldrich Avenue South adjoining Lot 5, Block Z, 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 Lorraine Adelmann c~e~2o9 AC12S-9S Nature of Interest Fee owner (Parcels 15-18); contract for deed vendee (Parcel 19) Inchoate interest A-10 1 f Exhibit A (cont'd) Name Jens H. Andersen Ruth H. Andersen First Sank National Association Fee owner named in Parcel ZO of this Exhibit A Richfield Plumbing Co., a Minnesota corporation Great Northern I., Inc., d/b/a The Drapery Place Hagen Office Equipment; Inc., 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 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 CJ1867z09 xcizs-9s A-11 Exhibit A (cont'd) No. 7 Description of Property to be Taken: PID No. 33-028-24-44- 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 2'1 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 1 c~-ae~2o9 xcizs-9s A-12 r Exhibit A (cont'd) t Description of Property to be Taken: Z Lots Z and 3, 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. Twin City Tire, Incorporated Tenant Naegele Outdoor Advertising, Sign lease Inc. Property Address: 705 77-1/Z Street West, Richfield Name Nature of Interest Robert F. Adelmann ~ Fee owner Lorraine Adelmann ~ Inchoate interest Fee owners named in Parcel ZZ Party Wall Agreement of this Exhibit A Document No. 475734 Fee owner named in Parcel ZO Party Wall Agreement of this Exhibit A Document No. 444542 Borofka Huth Bedrooms, Inc. City of Richfield Hennepin County C11S6T209 aces-9s Sign lease Special assessments Real estate taxes A-13 Exhibit A (cont'd) F Description of Property to be Taken: -ozt~-z.-aa- Lot 1, 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: 701 77-1/2 Street West, Richfield Name Nature of Interest Lula H. Rerssen Fee owner Spouse of Lula H. Rerssen, if inchoate interest any Fee owners named in Parcel 21 of this Exhibit A Greg Njoes d/b/a Richfield Flowers City of Richfield Hennepin County Party Wall Agreement Document No. 475734 Tenant Special assessments Real estate taxes CJ1887209 RC12S-4S A-14 Exhibit A (cont'd) 2 9 Descri tion of Property to be Takens Lots 10•and li, 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~existinq 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. Horner Fee owner Janis M. Horner 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 CORPORATION, d/b/a Preferred Heating and Air Conditioning Company Tenant City of Richfield Hennepin County G86T209 AC12S-9S Special assessments Real estate taxes A-15 Exhibit A (cont'd) 0 Descrivtion of Proyertv to be Taken: Lots 6, 7 and the easterly 6 inches of Lot 8, 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. M Property Address: 708.77-1/2 Street West, Richfield Name ~ Nature of Interest Keith C. James Fee owner Mary Anne James Fee owner Fee owners and mortgagee named Party Wall Agreement in Parcels 24 and 25 of this Document Nos. 433420 and Exhibit A 483425 THE AMMONIA HOUSE, INC., a Tenant Minnesota corporation • City of Richfield Special assessments Hennepin County Real estate taxes c~-se~zo9 scizs-ss A-16 Exhibit A (eont'dj Parcel A (No PID No.y(Affects Torrens Certificate No. 759625js Descri tion of Property to be Taken= 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. Said property is adjacent to and abutting the following described lands All of Lot 8, except the Easterly 4.5 feet thereoff 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 _ CSM Investors, Inc., a Minnesota corporation Adelmann - Schulz Partnership, a Minnesota general partnership City of Richfield Hennepin County Nature of Interest Fee owner Possible claimant Street easement Real estate taxes caae~so9 Rci2s-9s A-17