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HomeMy WebLinkAboutCCRes_85-20• RESOLUTION R-85-20 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH THE EAST/WEST ALLEY AS LEGALLY DESCRIBED HEREIN WHEREAS, the City Council is authorized by Minnesota Statutes, Chapter 465 to acquire land for certain public improvements and purposes and is accordingly granted the power to acquire private alleys and otherwise improve the same, and WHEREAS, the East/West alley legally described as the north 30 feet of Lots 13 and 14 and the westerly 41.67 feet of the northerly 30 feet of Lot 12 of the Crossroads is currently one of two alleys in the City of Falcon Heights privately • owned; and WHEREAS, such alley immediately abuts businesses serving the public and access to such alley is needed for the continuance of such businesses; and WHEREAS, the Council has received a request for approval of certain improvements and expansion to the Lido Restaurant, Inc., a business abutting such alley, with said improvements necessitating access through such alley to additional parking serving such business as well as access for deliveries to the Lido as well as all businesses abutting the East/West alley; and WHEREAS, the City has found that the improvements and expansion of the Lido Restaurant, Inc., a long established • • business in the City of Falcon Heights, is compatible with the City's Comprehensive Plan for commercial development of the Larpenteur/Snelling intersection; and WHEREAS, in connection with such improvements this action is necessary; and WHEREAS, Minnesota Statutes, §465.01 directs that in the event condemnation is required, the procedures of Pinnesota Statutes, Chapter 117 shall be followed; and WHEREAS, the City has been advised by the owners of the above described private alley that discussions with principals of the Lido Restaurant, Inc. have not produced a solution to the restaurant's need for access to additional parking being • proposed on a parcel immediately north of the alley; and WHEREAS, the City directed its staff to prepare and submit a bona fide offer by the City to acquire the above described alley and, only in the event that attempts at a negotiated purchase fail, to commence appropriate eminent domain proceedings to acquire the property. NOW, THEREFORE, be it resolved by the City Council of the City of Falcon Heights as follows: 1. This eminent domain proceeding is in furtherance of the overall comprehensive plan for the commercial development of the City's business district. 2. This proceeding is necessary to provide public access for parking to the Lido Restaurant as well as deliveries • -a- • to the Restaurant and all businesses abutting the East/West alley. 3. This proceeding is also consistent with the power and authority granted to the City under the provisions of Chapter 465 for improvements to the City's business district which will assist in providing an increased tax base and other general benefits to the City. The Council accordingly finds it is necessary to hereby institute eminent domain proceedings to acquire the necessary property to provide access for deliveries to businesses abutting the alley as well as parking facilities for the Lido Restaurant. . The City Attorney is hereby authorized and directed to file a petition with the Court of appropriate jurisdiction seeking to acquire the necessary property interests in accordance with the provisions of Minnesota Statutes, Chapter 117. DATED : May 1, 1985 CITY OF FALCON HEIGHTS 1 _, By --_ nal C. Egg Mayor ewan B. Barnes, Clerk-Administrator Special Gity Council Meeting of May 1, 1985 -3- STATE OF MINNESOTA) ss: COUNTY OF RAMSEY ) I, the undersigned, being he duly qualified and acting Clerk of the City of Falcon Heights, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of the Minutes with the original Minutes of the meeting of the City Council held on the date herein indicated which are on file and of record in my office and the same is a full, true and complete transcript therefrom. Witness my had as such Clerk and official seal of the City this 8th day Mav 1985. -~ , ~ ~; ~ Dewan B. Barnes Clerk-Administrator ~: