3.6. SR 04-04-2005
Item # 3.6.
MEMORANDUM
SUBJECT: COl)sider Resolution Authorizing Eminent Domain and
Instructing Staff to Provide a Letter Consenting to Acquisition
in Lieu of Condemnation
Attachment
. Resolution Authorizing Eminent Domain and Instructing Staff to Provide a Letter
Consenting to Acquisition in Lieu of Condemnation
Issue
Mr. Al Nadeau, owner of the property described in the Resolution, has agreed to convey the
property to the developer, MetroPlains Development, in lieu of condemnation by the City,
Mr, Nadeau and the developer executed a purchase agreement dated January 21,2005 for
the property,
In order to finalize acquisition of the property, Mr. Nadeau is requesting, for his tax
purposes, that the City Council authorize staff to transmit a letter to him with regard to the
City's threat of condemnation,
Action Requested
The City Attorney has prepared the attached Resolution for the City Council's consideration,
Staff recommends that the City Council consider approval of the Resolution Authorizing
Eminent Domain and Instructing Staff to Provide a Letter Consenting to Acquisition in Lieu
of Condemnation.
RESOLUTION NO. 05-
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND INSTRUCTING
STAFF TO PROVIDE A LETTER CONSENTING TO ACQUISITION
IN LIEU OF CONDEMNATION
RECITIALS
WHEREAS, the City of Elk River is a statutory city organized and existing under
the laws of the State of Minnesota with all powers, rights and authority of a statutory city
and is a public body corporate and politic;
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota law including Minn, Stat. ~ 412.211, Minn.
Stat. SS 465.01 and 465.16, and Minn Stat. S 469,124 through 469.134;
WHEREAS, the City of Elk River, by previous action, has designated Municipal
Development District No, 1 ("Development District") which Development District is
coterminous with the city limits of the City of Elk River;
WHEREAS, the City of Elk River has adopted a development program for the
Development District ("Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk River
has deemed it advisable to encourage development within the Development District in an
effort to increase the tax base ofthe City of Elk River, provide for employment
opportunities within the City of Elk River and otherwise benefit the health, safety, morals
and welfare of the residents of the City of Elk River in accordance with the public
purpose provisions of applicable state and local laws;
S :\Resolutions\2005 Resolutions\Unapproved\Authorizing Condemnation040405.DOC
WHEREAS, the City of Elk River has established a Tax Increment Financing
Plan for the Downtown Phase I Tax Increment Financing District No, 22 (a
redevelopment district) within the Development District ("the District");
WHEREAS, the City of Elk River deems it necessary and convenient to acquire
the necessary property in the District in order to fulfill the objectives ofthe Development
Program, to encourage and facilitate development in the District, as well as improving
roads, utilities and other public infrastructure and to provide employment opportunities,
increase the tax base and otherwise benefit the health, safety and welfare of the residents
ofthe City of Elk River ("Objectives");
WHEREAS, the Owner of the real property described on Exhibit A ("Real
Property") hereto has agreed to convey the Real Property in lieu of condemnation by the
City pursuant to a Purchase Agreement dated January 21, 2005,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River.
1. In order to carry out the Objectives, it is necessary to acquire fee title to
the Real Property from the fee owners,
2, The acquisition of the Real Property by the exercise of the power of
eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a
public purpose and is deemed to be necessary to further the Objectives.
3. The City of Elk River deems it necessary for the Objectives and
encouraging development in the District to acquire said Real Property.
4. The City of Elk River staff is further authorized and directed to take all
action necessary to acquire the Real Property and is authorized to finalize the acquisition
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of the Real Property by transmitting the letter attached hereto as Exhibit B to the Owner
of the Real Property.
The motion for adoption of the foregoing resolution was introduced by
Councilmember and duly seconded by Councilmember
, and upon a vote being taken thereon, the following voted in favor
thereof:
And the following voted against the same:
Dated:
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
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Exhibit A
LEGAL DESCRlYlION I?OR 621 MAJN S'l"R.mST, ELK RIVER, MINNESOTA
Lot 4, Block 4, VUla;ge of Elk River, aeeo.rdWg to the plat thereof 00 .fiIe and of record in
the ofi:ice of the: County :Recorder in lllldfQr SherbumeCounty, Minnesol.a. and
That part cfLot 5, Block 4, Village of Elk River, described as fOllows:
Beginning at tneNortltwestcomer of said LotS; thence East along the North tine
there<:( 32 ~ 10 the Street ll!ading ftom Main Street to the Mississippi River, being the
West lineofthepropcny desQ;ibed intbat certain Deed to Ilia village of Elk River, dated
Aptil17,,1907 filed July 26,1907. in Book. 31 ofDeeds, page 568, SbetbumeCounty
Records; ~ Southerly along the west line of said street to the South line of said Lot
5; thence Nortltedy wOllg the West line of :laid Lot 5, to the point of beginning,
And
AU oflhatpattotLot 14, of Auditor's SUbdivision No. 4, tbatlies South of Lots 4- and S,
Block 4, the Village ofM River, that lies W=tedy ot'the Westedyright-of-way Ilue of
the $treetleadin,g ilrom Main. Street to the Mi$sissippi River l\$ above described and that
lies Eastmy of the Sooth.erly ex:ren$ion of tile We$tline of Lot 4, Block 4, Village ofFJIe
River to the Mississippi Rivei'.
Excepting :from all tho above descriW propa1y, however, the following described
parcel:
All that pm of Lots 4 und 5, Block 4, Village ofElk Rivet, lying Northeasterly offuo
foUov;ing described line:
.Beginning. at a point on the North line of lot 4, a dis.tance of'34 feet West of the
Northeast eomer alLot 4, thence Southeas~y 1l) theiutenlecttbe South line oflot S
.Block, 4. village ofEl.kltiver, at apomt ofth-e intenection of the South lineofllllid Lot S,
with the West Une of the Street leaditlg .from the MaiD Street to the Mississippi River, as
more fully describe<! above,
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Exhibit B
Dear Mr. Nadeau:
As you know the City of Elk River ("City") is engaged in the process of acquiring and
assembling the necessary real property for the Downtown Revitalization Project - Bluff
Block ("Project"). This Project includes your property located at 621 Main Street NW,
Elk River, Minnesota ("Property"), The City has determined that your Property is
necessary for the Proj ect and the public benefits that will be realized as a result of the
Project.
The City has determined that it will use its power of eminent domain as set forth in Minn.
Stat. ~ 412.211, Minn. Stat. SS 465.01 and 465,16, and Minn Stat. S 469,124 through
469,134 to acquire your Property, Pursuant to Minnesota Statute Section 117.036, the
City is required to attempt to negotiate with you prior to condemning your Property. The
City understands that due to these negotiations, you have elected to convey your Property
in lieu of condemnation in accordance with a Purchase Agreement dated January 21,
2005. This is to confirm, however, that if you do not convey your Property in lieu of
condemnation, the City has the authority and will exercise this authority to condemn your
Property.
Thank you very much for agreeing to convey your Property voluntarily,
The City is pleased that the negotiations were successful.
Please call me with any questions,
Sincerely,
Patrick Klaers
City Administrator
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