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HomeMy WebLinkAbout00-04 - ADMIN Resolution - Economic Development Authority - 2000/02/07EDA RESOLUTION NO. 00-04 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY WHEREAS, the Economic Development Authority in and for the City of St. Louis Park, Minnesota (the 'BDA") 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/] 6th 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, Rottlund Company, Inc., a Minnesota corporation, ("Rottlund" or the "Redeveloper") has proposed to acquire certain property in the City (the "Redevelopment Property") to redevelop for construction of approximately 90 units of owner -occupied townhomes (hereinafter referred to as 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. 00-04 -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 EDA'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 117.042, 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 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 Board of Commissioners of the Economic Development Authority in and for the City of St. Louis Park, Minnesota this 7th day of February, 2000. Reviewfd for Administration: 1 1 / (%k z xecutive Directo C.2. President i Attest: Sec etary EDA Resolution No. 00-04 EXHIBIT A Legal Descriptions of Property to be Acquired in Fee Simple: 1456 Zarthan Avenue South E 159 feet of S 126 feet of Government Lot 6, except road. 5916 West 16t" Street W 101 feet of E 335 feet of S 126 feet of Government Lot 6. 6000 16°i St. West W 60 feet of E 395 feet of S 126 feet of Government Lot 6. 6008 16t" Street West W 80 feet of E 475 feet of South 126 feet of Government Lot 6. 5912 16°i Street West W 75 feet of E 234 feet of S 126 feet of Government Lot 6. 6016 16`x' Street West W 97 26&100 feet of E 572 26/100 feet of S 126 feet of Government Lot 6 (legal to govern). 6030 16°i Street West Commencing at a point in the S line of Government Lot 6 distant 33 4/10 feet E from the southerly line of RR R&W thence Northeasterly parallel with said R&W line to a point 126 feet N at right angles from the S line of Lot 6 thence E to a point 572 26/100 feet W from the E line of Lot 6 thence S 126 feet thence W to beginning (legal to govern). 6024 16°i Street West Commencing at the intersection of S line of Government Lot 6 with ELY line of RR R&W thence E 33 4/10 feet E thence Northeasterly parallel with said R&W line to a point 126 feet N at right angles from the S line of Lot 6 thence W 33 4/10 feet to said R&W line thence Southerly to beginning (legal to govern) Property Tax Identification No 04-117-21-32-0078. That part of Government Lot 6 described as commencing at SE corner thereof thence N along E line thereof 126 feet thence W parallel with S line thereof 395 feet to actual point of beginning thence N parallel with E line thereof 229.5 feet thence deflecting Left 64 Degrees 23 minutes to easterly R/W line of Soo Line RR, thence Southerly along said easterly R/W line to a line running parallel with S line of Government Lot 6 from actual point of beginning thence E along said parallel line to beginning.