HomeMy WebLinkAbout6525 - ADMIN Resolution - City Council - 1980/03/24MARCH 24, 1980
12c
3 °
RESOLUTION NO. 6525
A RESOLUTION AUTHORIZING THE WITHDRAWAL OF
CERTAIN EASEMENTS PREVIOUSLY TENDERED
TO EMINENT DOMAIN RESPONDENTS
BE IT RESOLVED BY the City Council of St. Louis Park,
Minnesota:
WHEREAS, on September 24 , 1976 , the City of St.
Louis Park ("the City") commenced eminent domain proceedings
to acquire real estate and access rights to Hurst (Louisiana)
Avenue from the Almor Company ("Almor") and Cardinal Insulated
Glass Company ("Cardinal Glass"); which proceedings are now
pending in the District Court of Hennepin County entitled
City of St. Louis Park vs. Almor, Cardinal Glass, et al.,
File No. C-1425; and
WHEREAS, on April 4, 1977, the City Council of St.
Louis ,Park passed Resolution No. 5708 , whereby the City
evidenced its intent to execute and deliver deeds of easement
to either Almor or Cardinal Glass, which deeds would provide
access from Lake Street and' Monitor Street to the real estate
on which a manufacturing facility is located in St. Louis Park,
legally described in Exhibit A attached hereto (the real estate),
owned by Almor and operated by Cardinal Glass; and
WHEREAS, Almor and' Cardinal Glass requested that access
both to and from Monitor Street was preferable; and
WHEREAS, on July 5, 1977, the City Council of St.
Louis Park passed Resolution No. 5778 , whereby the City
evidenced its intent to execute and deliver deeds of easement
to either Almor or Cardinal Glass, which deeds would provide
alternative access from Monitor Street to the real estate on
which a manufacturing facility, is located in St. Louis Park,
legally described in Exhibit B attached hereto (the real es-
tate), owned by Almor and operated by Cardinal Glass; and
WHEREAS, the City has submitted numerous proposals pro-
viding such access to Almor and Cardinal Glass; and
WHEREAS, the City has obtained from both railroads in-
volved consent to a permanent crossing of their tracks; and
0
WHEREAS, Almor and Cardinal Glass have refused to exe-
cute or return any of the proposed access agreements, or to
submit counter -proposals, meanwhile claiming in the eminent
domain proceeding that they lack access to their property and
that they have suffered a total taking of their real estate
which results in damages of approximately $480,000; and
WHEREAS, the Court in the eminent domain proceeding
may make a finding as'to whether Almor and Cardinal Glass
had reasonable probability of obtaining reasonable access
to their real estate and may base damages on such a finding;
and
WHEREAS, the City has no intention of leaving Almor
or Cardinal Glass without access, but cannot allow them to
both receive a judgment against City funds based on lack of
access and at the same time receive free use of City land for
such access.
NOW, THEREFORE, BE IT RESOLVED:
The City reaffirms its longstanding commitment to pro-
vide access to the Cardinal/Almor premises and will deliver
the deeds providing access as set forth in Resolution No.
5778 , passed July 5, 1977, together with any other docu-
ments reasonably necessary to provide access provided, how-
ever, that Cardinal/Almor has not been awarded damages based
in whole or in part upon a finding by the Court or jury of
no access.
Adopted by the City Council March 24, 1980.
May
,Affr est.
n
(-3?-44
ty er
Re'iew-d for-d'ministration: Approved as to f. and legality:
'ity M: age Cit Attorne
1
7