HomeMy WebLinkAbout99-01 - ADMIN Resolution - Economic Development Authority - 1999/01/04EDA RESOLUTION NO. 99-1 ,, ,t
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQLTRE CERTAIN REAL PROPERTY
WHEREAS, the Economic Development Authority in and for the City of St. Louis Park.
Minnesota (the "EDA") is an economic and development authority duly constituted and organized
under law, with all of the powers enumerated in Minnesota Statutes. Sections 469-090 to 469.123
(the "EDA Act-): and
WHEREAS, the EDA 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 EDA adopted a redevelopment plan (the "Redevelopment Plan') for the
Excelsior Boulevard Redevelopment Project on February 7, 1977 and said plan was amended on
December 17, 1984 The Excelsior Boulevard Redevelopment Project Plan was incorporated into
the St. Louis Park Redevelopment Project Area on March 19, 1990 and the latter Plan was
subsequently modified on April 1. 1996. October 7, 1996 and September 2, 1997: and
WHERE A5, the EDA adopted a tax increment financing plan (the "TIF Plan") for the area
in the City of St. Louis Park generally known as The Excelsior Boulevard Redevelopment Tax
Increment Finance District within the St. Louis Park Redevelopment Project Area (the "Project
Area") which has been found by the City Planning Commission to be consistent with the City's
Comprehensive Plan, and which was approved by the City Council: and
WHEREAS, the Plans, as modified. contemplate the acquisition of certain rail property
interests (the "Property") which are located in the Project Area and which are more particularly
described in Exhibit A, attached hereto and incorporated herein: and
WHEREAS, in order to meet anticipated construction deadlines for the development
project contemplated by the EDA, it is necessary for the EDA to acquire title to and possession of
the Property by the earliest date permitted in accordance with Minn. Stat. § 117.042.
NOW, THEREFORE, BE IT RESOLVED by The Economic Development Authority in
and for the City of St. Laxris Park, Minnesota as follows:
1. it is necessary to acquire the real estate interests which are described in Exllibit A to
this resolution ("Property") in order for the EDA to carry out lire purposes of the Plans, as modified,
and the Act, to eliminate and prevent the development or spread of conditions of blight found to
exist by the City and the EDA 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
tviinnesota Statutes. Chapter 117, is deemed to be necessary and for a public purpose and is hereby
authorized.
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3, The EDA 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 FDA's attorney and staff are authorized and directed to commence eminent
domain proceedings to acquire the Property to utilize the authority to cause early transfer of title
and possession of the Property pursuant to Minnesota Statutes, Section 117.0,42, 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.
6. All parties displaced from said Property who qualify for relocation assistance under
applicable federal regulations shall be provided with such assistance.'
Adopted by the Economic Development Authority in and for the City of St. Louis Park.
Minnesota this _ 4th day of January. 1999,
ATTEST:
Charles Meyer, Exe ve trector
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EXHIBIT A
(Legal Descriptions of Property to Be Acquired in Fee Simple)
Parcel One: Lot 3. Block 8, "iMinikanda Vista 2nd Addition, Hennepin County"
(located at 3736 Natchez Avenue South, St. Louis Park, MN 55416).
Parcel Two; Tract C. Registered Land Survey No, 2, Files of the Registrar of Titles. Hennepin
County
(located at 3754 Ottawa Avenue South. St. Louis Park. NIN 55416).
Parcel Three: Lot 4, Block 8, N inikanda Vista, 2nd Addition, according to the map or plat thereof
on file in the office of the County Recorder, Hennepin County
(located at 3744 Natchez Avenue South. St. Louis Park. MN 55416).
Parcel Four: Block 6, together with that portion of the vacated street lying between Blocks 6
and 7 and between extensions across said street of the Northwesterly line and
the Southerly line of $locks 6 and 7. and lying West of the center line of
said vacated street, "Minikanda Vista 2nd Addition. Hennepin County", according
to the plat thereof on file or of record in the Office of the Registrar of Deeds in
and for said County
(located at 4900 38th Street West. St. Louis Park, NtN 55416).
Parcel Five: Parcel A: Tract F. Registered Land Survey No. 2, Files of Registrar of Titles,
County of Hennepin.
Parcel B: That part of the vacated street lying between Blocks 6 and 7 "Minikanda
Vista Addition, Hennepin County", and between extensions across said street of
the Northwesterly line of said Blocks 6 and 7, and the Northerly line of Lot 4, Block
7 extended and lying East of the center line of said vacated street, according to the
plat thereof on file or of record in the Office of the Registrar of Deeds in and for
said Hennepin County
(located at 4830 38th Street West, St. Louis Park, MN 55416).
Parcel Six: Tract E, Registered Land Survey No. 2, Files of the Registrar of Titles, Hennepin
County
(located at,1822 38th Street West, St. Louis Park, MN 55416).
Parcel Seven: Tract D, Registered Land Survey No. 2, Files of the Registrar of Titles. Hennepin
County
(located at 4810 38th Street West. St_ Louis Park, NIN 55416).
Parcel l Eight: Lot 1, Block 8, Minikanda Vista, Second Addition. Hennepin County, according to
the plat thereof on file or of record in the officc of the Register of Deeds in and for
said County
(located at 3724 Natchez Avenue South. St. Louis Park, NLN 55416).
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A-7
Exhibit A continued.
Parcel Nine: Parcel 1:
Lots 4 and 5 except that part of said Lots described as follows: commencing at the
Northwest comer of Lot 4; thence South along the West line of Lots 4 and 5. a
distance of 77 feet: thence Northeasterly to a point on the East line of Lot 4, distant
16 feet South of the Northeast corner of said Lot 4; thence North to the Northeast
comer: thence West along the North line of Lot 4 to the point ofleginning;
Lot 6:
That part of Lot 7 lying Easterly of a line running from a point in the North line of
said Lot 7, distant 45.4 feet East of the Northwest comer thereof. to a point in the
Southeasterly line of said Lot 7, distant 80.4 feet Northeasterly, as measured along
said Southeasterly line from the most Southerly comer thereof:
Lot 8 except the Southeasterly 17 feet thereof taken for State Highway:
Lots 9, 10 and 11. Block 5, "Minikanda Vista 2"d Addition. Hennepin County".
according to the plat thereof on file or of record in the Office of the Register of
Deeds in and for said County.
Parcel 2:
Tract C. Registered Land Survey No. 832. Files of Registrar of Titles, County of
Hennepin. Together with a perpetual non-exclusive easement for driveway
Purposes over Tract B, Registered Land Survey No. 832 as show in Deed Document
No. 615725. Files of Registrar of Titles; (see Inst.) (As to tract C in Parcel 2).
Together with an easement to use the Easterly wall of building located on Lot 10,
Block 5 in Parcel 1 and on Tract C in Parcel 3 as shown in Deed Document No.
890605, Files of Registrar of Tides: (See lest.).
Parcel 3:
Tracts A. B and C. Registered Land Survey No. 915, Files of Registrar of Titles,
County of Hennepin.
(located at 4816 Excelsior Boulevard, St. Louis Park, MN 55416).
All of which parcels shall be acquired together with adjacent streets and alleys, vacated or to
be vacated, and all appurtenant easements, gaps, overlaps and gores.
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