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HomeMy WebLinkAbout00-02 - ADMIN Resolution - Economic Development Authority - 2000/02/07EDA RESOLUTION NO. 00-02 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY INTERESTS 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 469.1081 (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 EDA's Redevelopment Project No. 1 on March 19, 1990, and said plan was subsequently modified on April 1, 1996, October 3, 1996, and September 3, 1997; and WHEREAS, the EDA has adopted the Tax Increment Financing Plan for the Zarthan Avenue/16th Street Tax Increment Financing District (a redevelopment district) ("TIF Plan") within Redevelopment Project No. 1 pursuant to law on December 20, 1999, and the St. Louis Park City Council approved the TIF Plan on the same date; and WHEREAS, pursuant to the Act, the EDA is authorized to undertake certain activities to prepare such real property for development and redevelopment by private enterprise; and WHEREAS, CSM Hospitality, Inc., a Minnesota corporation, ("CSM" or the "Redeveloper") has proposed to acquire certain property in the City (the "Redevelopment Property") to redevelop the Redevelopment Property for use as an approximately 130 -unit Springhill Suites Hotel and an approximately 107 -unit TownPlace Suites Hotel (the "Project"); and WHEREAS, the Redevelopment Property is located within the TIF District described in the TIF Plan and is located within Redevelopment Project No. 1 and is subject to the Redevelopment Plan; and WHEREAS, in order to make development of the Project financially feasible, the EDA proposes to assist in financing the Project in accordance with the terms of a Contract for Private Redevelopment ("Agreement") approved by the EDA; and WHEREAS, the EDA believes that the development of the Project pursuant to the Agreement, and fulfillment generally of the Agreement, are in the vital and best interests of the City and EDA and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, in order to meet anticipated construction deadlines for the Project, 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. EDA Resolution No. 00-02 -2- NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority in and for the City of St. Louis Park, Minnesota as follows: 1. It is necessary to acquire the real estate interests which are described in Exhibit A to this resolution ("Property") in order for the EDA to carry out the purposes of the Redevelopment Plan, 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 Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is hereby authorized. 3. The EDA deems it necessary for the reasons set forth in the Redevelopment Plan, 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 EDNs 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 117.042, 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 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 Board of Commissioners of the Economic Development Authority in and for the City of St. Louis Park, Minnesota this 7th day of February, 2000. Revied for Administration: / 1 1 Executive Director Vic_ President/ Attest: Se retary EDA Resolution No. 00-02 EXHIBIT A Leasehold Interest of Eller Media Company, successor in interest to Naegele Outdoor Advertising, Inc. in the Following Described Real Property: Lot 1, Block 1, Slocum-Bergren Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, except that part of said Lot 1 which lies northerly of a line run parallel with and distant 26 feet southerly of the following described line: Line 1: Beginning at a point on the west line of Section 4, Township 117 North, Range 21 West, distant 178.68 feet south of the west quarter corner thereof, thence run easterly at an angle of 101 degrees 53 minutes 14 seconds from said west section line (measured from north to east) for 244.62 feet; thence deflect to the left on a tangential curve having a radius of 3274.04 feet and a delta angle of 06 degrees 34 minutes 40 seconds for 375.87 feet; thence on tangent to said curve for 344.23 feet; thence deflect to the left on a tangential curve having a radius of 716.2 feet and a delta angle of 12 degrees 22 minutes 19 seconds for 154.65 feet; thence on tangent to said curve for 50.68 feet; thence deflect to the right on a tangential curve having a radius of 954.93 feet and a delta angle of 10 degrees 06 minutes 28 seconds for 168.46 feet; thence on tangent to said curve for 100 feet and there terminating. According to the plat thereof on file in the Office of the Registrar of Titles in and for Hennepin County, Minnesota