HomeMy WebLinkAboutCC RES 99-051 A RESOLUTION APPROVING CITY ACQUISITION OF 2700, 2704, AND 2709 PAHL AVENUE BY EMINENT DOMAIN Meeting Sheet
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Box: 31
Folder: RES 1999
Document: CC RES 99-051 A RESOLUTION APPROVING CIN
ACQUISITION OF 2700, 2704, AND 2709 PAHL AVENUE BY EMINENT
DOMAIN
s
• CITY OF ST. ANTHONY
WITHDRAWN
RESOLUTION 99-051
A RESOLUTION APPROVING CITY ACQUISITION
OF 2700, 2704, AND 2709 PAHL AVENUE
BY EMINENT DOMAIN
WHEREAS, the City Council of the City of St. Anthony passed unanimously on January 13,
1998, Resolution 98-018 authorizing the City Manager to proceed with
negotiations to purchase five homes (2713 and 2716 St. Anthony Boulevard and
2700, 2704, and 2709 Pahl Avenue); and
WHEREAS, the City Council of the City of St. Anthony passed unanimously on May 26,
1998, Resolution 98-046 authorizing final plan preparation including purchase
of said five homes; and
WHEREAS, the City Council of the City of St. Anthony on March 23, 1999, authorized City
staff to retain Evergreen Land Services Co. to negotiate on behalf of the City
the purchase of the homes on Pahl Avenue because negotiations between the
• homeowners and the City had reached a stalemate; and
WHEREAS, the City of St. Anthony's last offer on June 17, 1999 to purchase 2709 Pahl
Avenue for $200,000 plus assessment has been rejected; the last offer to
purchase 2700 Pahl Avenue for $133,500 plus assessments has been rejected;
the last offer to purchase 2704 Pahl Avenue for $142,000 plus assessments has
been rejected; and
WHEREAS, the City Council of the City of St. Anthony, Minnesota, a municipal corporation
under the laws of the State of Minnesota, (the "City") has determined that it is
necessary, advisable, and in the public interest that the City acquire title to
certain property for drainage, storm water holding, and flood mitigation
purposes; and
WHEREAS, in order to accomplish such public purposes, it is necessary that the City
acquires the properties described on Exhibit A attached hereto made a part
hereof(the "Properties"); and
WHEREAS, the City has been advised that the properties will not be made available for the
City by negotiated purchase in a manner that would meet the objectives and
purposes of the City and that it is necessary and appropriate that the City
acquire the Properties by eminent domain; and
•
• Resolution 99-051
Page 2
NOW, THEREFORE, BE IT RESOLVED, that in order to acquire title to the properties for
drainage, storm water holding, and flood mitigation purposes the City shall proceed to do so
under its power of eminent domain; and that the attorneys for the City be instructed and
directed to file the necessary petition therefor and to prosecute such action to a successful
conclusion, or until it is abandoned, dismissed or terminated by the City or the Court; and that
the attorneys for the City, the Mayor, City Manager and City Clerk to all things necessary to
be done in the commencement, prosecution and successful completion of such eminent domain
proceeding pursuant to Minnesota Statutes, Chapter 117; and that the attorneys for the City are
authorized to take all actions necessary and desirable to carry out the purposes of this
resolution.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
•
Reviewed by Administration:
City Manager
•
07/22/99 THU 11:32 FAX 16123402644 DORSEY WHITNEY Q1003
• EXHIBIT A
Parcel 1: Lot 39, Block 5, Murray Heights Addition to Minneapolis, Hennepin County,
Minnesota.
Owner: John Harold Kuharski and Mary Ann Kuharski, husband and wife,as joint
tenants.
Mortgage: None
Parcel 2: Lot 9, Block 6,Murray Heights Addition to Minneapolis, Hennepin County,
Minnesota.
Owner: John P. Tuohy and Jean E. Tuohy,husband and wife,as joint tenants.
Mortgage: None
•
Parcel 3: Lot 10, Block 6,,Murray Heights Addition to Minneapolis,Hennepin County,
Minnesota.
Owner: John P. Tuohy and Jean E.Tuohy,husband and wife, as joint tenants.
Mortgage: None