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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
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