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HRA RES 2008-01 - 14500HRA RESOLUTION NO. 2008-01 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC USE BY RIGHT OF EMINENT DOMAIN BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "HRA"), as follows: Section 1. Recitals. 1.01 The HRA, with such authority granted it under Minn. Stat. § 469.001 et seq., has entered into a Memorandum of Understanding with the Anoka County Regional Railroad Authority ("ACRRA"), whereby the HRA and ACRRA agreed to (a) "Work jointly to seek MetCouncil, State or Federal funding or reimbursement of funds to design and construct the platform, the tunnel, park and ride and other public improvements and to acquire the site [for the Fridley Station]"; (b) "Work jointly with the City, MetCouncil and MN/DOT to determine the appropriate entity to acquire any property not currently owned by ACRRA which is necessary and convenient for the construction, development and maximum utilization of the Fridley Station." See Exhibit A, attached hereto and incorporated herein by reference; and 1.02 ACRRA, with such authority granted it under Minn. Stat. § 398A et seq., has adopted Resolution 2007-10, marked Exhibit B, attached hereto and incorporated herein by reference, which authorized the ACRRA to enter into memoranda of understanding relating to a Fridley commuter rail station and to perform obligations there under; and 1.03 ACRRA entered into a Memorandum of Understanding with the State of Minnesota, by and through its Department of Transportation ("MN/DOT"), attached as Exhibit C and incorporated herein by reference, whereby ACRRA was delegated NIN/DOT's designee to enter into an Underpass Construction Agreement with BNSF Railway Company and to contribute to the funding of the Underpass Construction project as part of the Fridley commuter rail station; and 1.04 ACRRA has entered into an Underpass Construction Agreement with BNSF Railway Company for the construction of the Fridley Station Underpass, attached as Exhibit D and incorporated herein by reference; and 1.05 The HRA has entered into a Memorandum of Understanding with MN/DOT, attached as Exhibit E and incorporated herein as reference, for the purpose of having the HRA acquire by purchase or eminent domain land necessary and convenient for a rail tunnel/underpass, transit station, and accompanying parking facilities located in the City of Fridley, in the area of 61st Street and Main Street. Pursuant to the Memorandum of Understanding, "it is in the best interest of the State of Minnesota that the Fridley Station be constructed and the Property acquired" and "[t]he HRA will acquire the Property by purchase or condemnation." 1.06 The establishment of a Fridley commuter rail station and related facilities will further the purpose and goals of MN/DOT, as identified in Minn. Stat. § 174.01, by providing HRA Resolution No. 2008-01 Page 2 transportation that is safe, enhances mobility and economic development, provides access to persons and businesses, provides a reasonable travel time for commuters, preserves the transportation infrastructure, supports state environmental and energy conservation goals, and increases transit use in the urban areas giving highest priority to the transportation modes with the greatest people moving capacity. 1.07 The establishment of a Fridley commuter rail station and related facilities will further the goals and objectives of the HRA, and will further encourage development and re- development of the area surrounding the commuter rail station, making the acquisition of land for the construction of the rail station and related facilities a public purpose for the HRA. Section 2. Findin�s. 2.01 The Recitals in Section 1 are hereby adopted as Findings; moreover, 2.02 The HRA does hereby find and determine that: the establishment of a Fridley commuter rail station will serve a public purpose, and the HRA is empowered to acquire the property legally described in Exhibit F(as attached hereto and incorporated herein by reference) and all other property necessary and convenient to accomplish this public purpose by voluntary acquisition or exercise of its powers of eminent domain. Section 3. Authorization. 3.01 Pursuant to the above findings, the HRA does hereby authorize and direct its attorneys, Krass Monroe, P.A., and its staff to proceed immediately to acquire the Subject Property identified in Exhibit F pursuant to authority granted for the acquisition of property for public use by negotiation or by eminent domain under Minn. Stat. § 117.011 et seq. 3.02 The HRA does hereby find that it is reasonably necessary, proper and convenient, and in the interest of the public health, safety, convenience and general welfare, to acquire fee title to the Subject Property and other rights and interests in order to accommodate the construction of facilities for a Light Rail Transit System, commuter rail station, and related facilities. 3.03 In order to timely commence construction, the HRA does hereby authorize the acquisition of the Subject Property by the "quick take" process provided for in Minn. Stat. § 117.042. PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS lOTH AY OF JANUARY 2008. Lawren . ommers, airperson ATTEST: . w . William W. Burns, Executive Director 2 HRA Resolution No. 2008-01 CERTIFICATION Page 3 I, William W. Burns, the duly qualified Executive Director of the Housing and Redevelopment Authority in and for the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. 2008-01 passed by the HRA Commissioners on the l OTH day of January 2008. � " �. William W. Burns, Executive Director 3