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CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
Date: June 25, 2003
Motion By: Lamb Seconded By: Kuettel
RESOLUTION
Resolution No.: 2003-11
RESOLUTION AUTHORIZING CONDEMNATION
OF LAND FOR PUBLIC PURPOSES
WHEREAS, the City is a municipal corporation organized and existing pursuant to the
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Constitution and laws of the State of Minnesota and is governed by the Council of the City (the "City
Council"); and
PARCEL "A"
(Snelling Avenue Frontage Road -South Portion
WHEREAS, in order to remedy the flooding problem at its public park known as Curtiss Field,
the City Council finds that it is necessary and for a public use and purpose to acquire the property
legally described on the attached Exhibit "A"; and
PARCEL "B"
(Shopping Center and Adjacent Snelling Avenue Frontage Road)
WHEREAS, the City Council does hereby determine that it is necessary and for a public use and
purpose to acquire the property legally described on the attached Exhibit "B" ("subject property"); and
WHEREAS, the City has established within the City its Municipal Development District No. 1
pursuant to Minnesota Statutes, Sections 469.124 - 469.134, providing for the development and
redevelopment of certain areas located within the City (which development district is hereinafter
• referred to as the "Project") and adopted the Development Program therefor; and
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WHEREAS, on September 26, 2001, the City Council adopted Resolution No. 01-24 modifying
the development program for the project and establishing Tax Increment Financing District No. 1-3
("the District"), a redevelopment tax increment district, located in Development District No. 1; and
WHEREAS, the City adopts and incorporates by reference the findings and supporting
documentation contained in Resolution No. O 1-24 and the Tax Increment Financing Plan for the District;
and
WHEREAS, pursuant to Minnesota Statutes, Section 469.126, the City is authorized within the
Project to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote
developments and to acquire land or easements through negotiation or by eminent domain; and
WHEREAS, the subject property is located in the Project and the District; and
• WHEREAS, the City has entered into a development contract under which the developer will
redevelop the subject property which is located within the Project, as part of a redevelopment project
known as "Falcon Heights Town Square"; and
WHEREAS, the City Council finds that the redevelopment of the subject property and the
provision of the housing and retail space is in the best interest of the City and its residents and in accord
with the development program for the project and the public purposes and provisions of applicable
federal, state and local laws under which the redevelopment is being undertaken and assisted; and
WHEREAS, the City Council finds that development and construction conditions related to the
area make it necessary to acquire title to, and possession of, the property as soon as possible in order for
the Project to proceed in an efficient, cost effective and expeditious manner; and
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PARCEL "C"
(Snelling Avenue Frontage Road -North of Larpenteur~
WHEREAS, in order to help facilitate the relocation of a tenant affected by the Falcon Heights
Town Square redevelopment project and to mitigate project acquisition costs, the City Council does
hereby determine that it is necessary and for a public use and purpose to acquire the property legally
described on the attached Exhibit "C" located within Development District No. 1.
NOW, THEREFORE, be it resolved by the City Council of the City of Falcon Heights,
Minnesota:
That the City Attorney is authorized to commence eminent domain proceedings pursuant
to Minnesota Statutes Chapter 117 and take any other necessary actions to acquire fee title to and
possession of the property legally described on the attached Exhibits A, B and C.
• 2. That the City Attorney is authorized to acquire the necessary property interests ursuant
p
to the "quick take" provisions of Minnesota Statutes Section 117.042.
That the Mayor and the City Administrator are authorized to execute all documents
necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property
interests.
ADOPTED this 25th day of June, 2003, by the City Council of the City of Falcon Heights.
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Susan L. Gehrz, Mayor
ATTEST:
Heather M. Wo ~ngton, Ci Administrator/Clerk
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EXHIBIT "A"
Snelling Avenue Frontage Road Parcel (adjacent to Curtiss Fieldj
That part of the following described land lying Southerly of the Westerly extension of the South line of
Tract A, Registered Land Survey No. 2, and Northerly of the Westerly extension of the South line of Lot
5, Block 9, Northome Addition all in Ramsey County Minnesota:
The Westerly 159.5 feet, except the North 49.5 feet of the Northwest Quarter of the Northwest Quarter
of Section 22, Township 29 North, Range 23 West, Ramsey County, Minnesota, which lies Easterly of
Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the North
line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on an azimuth of
179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line 1 to be described;
thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet; thence on an azimuth of 179
degrees, 53 minutes 31 seconds for 550.59 feet; thence on an azimuth of 269 degrees 53 minutes 31
seconds for 10 feet; thence on an azimuth of 179 degrees 53 minutes 31 seconds for 678.98 feet and
there terminating.
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EXHIBIT "B"
Shopping Center Parcel:
Parcel 1:
Tracts A, B, C, D, E, F, G, H, I, J and K, Registered Land Survey No. 94, files of Registrar of
Titles, County of Ramsey.
Parcel 2:
Tract A except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet
of the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2, files of
Registrar of Titles, County of Ramsey.
Parcel 3:
The West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of
the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22,
Township 29, Range 23, except public streets and highways.
• Snelling Avenue Frontage Road Parcel (adjacent to Shopping Center Parcel
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter of the
Northwest Quarter of Section 22, Township 29 North, Range 23 West, Ramsey County, Minnesota,
lying Northerly of the Westerly extension of the Southerly line of Tract A, Registered Land Survey No.
2;
Which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the North
line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on an azimuth of
179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line 1 to be described;
thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet; thence on an azimuth of 179
degrees, 53 minutes 31 seconds for 550.89 feet and there terminating.
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EXHIBIT "C"
Snelling Avenue Frontage Road Parcel (North of Larpenteur)
That part of the west 110 feet of Lots 1, 2 and 3 and the west 19.31 feet of Lot 23 and Lot 24 of
Block 10, FALCON HEIGHTS ADDITION, according to the recorded plat thereof and on
file in the office of the County Recorder in and for Ramsey County, Minnesota;
which lies easterly of Line 1 described below:
Line 1. Beginning at the southwest corner of Section 15, Township 29 North, Range 23 West;
thence run easterly along the south line thereof on an azimuth of 88 degrees 48 minutes 49
seconds for 159.53 feet; thence on an azimuth of 359 degrees 35 minutes 10 seconds for
147.84 feet; thence on an azimuth of 269 degrees 35 minutes 28 seconds for 39.50 feet;
thence on an azimuth of 359 degrees 35 minutes 28 seconds for 2000 feet and there
terminating.
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