96-07 HRA Resolution
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Resolution 96-7
December 17, 1996
Commissioner Anderson introduced the following resolution and moved its
adoption:
RESOLUTION ORDERING ENVIRONMENTAL TESTING OF
CERTAIN PROPERTY IN THE
GOLDEN HILLS WEST REDEVELOPMENT AREA
WHEREAS, the Housing and Redevelopment Authority in and for the City
of Golden Valley, Minnesota (UHRA") believes that it will acquire certain
properties in the Golden Hills West Redevelopment Area pursuant to eminent
domain proceedings, which properties are included within the following legal
description:
Lots 1-9, Block 1, Merchant's Industrial Park, Hennepin County,
Minnesota, according to the recorded plat thereof.
Lots 1 and 2, Block 1, Merchant's Industrial Park Second Addition,
Hennepin County, Minnesota, according to the recorded plat thereof.
That part of Government Lot 2, unplatted, lying east of Colorado Avenue
South and west of the plat of golden Hills West 2nd Addition.
That portion of the existing frontage road immediately to the south of the
above-described property which is vacated on or before the Closing Date
and which the HRA is able to acquire title to on or before the Closing
Date, subject to reserved, drainage and utility easements.
WHEREAS, under these circumstances the HRA has the right to enter
such property and perform environmental testing pursuant to Minn. Stat.
S117.041, Subd. 2.
NOW, THEREFORE, be it resolved by the Housing and Redevelopment
Authority in and for the City of Golden Valley:
1. That is has reason to believe that acquisition of the property shall be
required pursuant to eminent domain proceedings described above;
2. That it has reason to believe that a hazardous substance, pollutant or
contaminant may be present on the property and that the release of a hazardous
substance, pollutant or contaminant may have occurred on the property;
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Resolution 96-7 - Continued
December 17, 1996
3. That entry on the property for environmental testing is rationally related
to health, safety or welfare concerns of the HRA in connection with such eminent
domain proceedings;
4. That the HRA Director shall proceed under Minn. Stat. 9117.041,
Subd. 2, to give the appropriate notice to obtain consent of the property owner,
or, if the property owner refuses to consent to the entry, the HRA Director and
the HRA Attorney shall apply to the Court for an order authorizing entry, removal
of samples and so forth as prescribed by the applicable statute.
5. That all such testing shall be conducted in accordance with the legal
procedures set forth in Minn. Stat. 9117.041, Sub. 2.
ATTEST:
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Motion for the adoption of the foregoing resolution was seconded by
Commissioner Micks; and upon a vote taken thereon, the following voted in favor
thereof: Anderson, Johnson, LeSuer, Micks and Russell; and the following voted
against the same: none, whereupon said resolution was declared duly passed
and adopted, signed by the Chair and her signature attested by the Director.