HomeMy WebLinkAbout1967-327 CCR Member Theodore Willard introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -327
RESOLUTION DIRECTING THE INITIATION OF EMINENT DOMAIN
PROCEEDINGS RELATIVE TO CERTAIN LANDS IN MOUND CEMETERY
ERE in April, 1
WH AS, 966 the (then) Village Council applied to th e
Federal Government for financial assistance in the acquisition of certain
lands for use as public open space; and
WHEREAS, in a letter dated May 13, 1966 from the Department of
Housing and Urban Development the (then) Village was authorized to proceed
with acquisition of lands listed in the aforementioned application, (which
application was subsequently approved by the Department of Housing and
Urban Development) provided that all acquisition proceedings comply with
the Land Acquisition Policy Statement adopted by the (then) Village Council
on April 18, 1966, which policy requires that the Council or its authorized
representative make every reasonable effort to acquire each property by
negotiated purchase before instituting eminent domain proceedings against
the property; and
WHEREAS, the City Council intends to provide needed open space
park facilities within safe and reasonable walking distance from all points
within that residential neighborhood south of 69th Avenue, north of F.A.I. 94,
west of Xerxes Avenue, and east of T. H. 152; and
WHEREAS, it is the opinion of the City Council that the undeveloped
southerly 4.02 acres of the Mound Cemetery meets these creteria; and
WHEREAS, the primary purpose of the subject open space park facility
is to serve children of the pre school and elementary school ages; and
WHEREAS, the City Council has considered alternative sites and has
concluded that no reasonable and undeveloped alternative sites are available; and
WHEREAS, the City Manager has corresponded with the fee owners and
agents of the subject Mound Cemetery property in an effort to negotiate the purchase
of said property, but has been unsuccessful in such efforts:
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center as follows:
1. That the City Council finds that it is in the public interest for
the City to acquire an easement for park purposes in the following
described properties for public use as open space area, and .that the
acquisition of fee title can only be fairly and equitably accomplished
I
through proceedings in eminent domain.
Resolution No. 67 -327
2. That the City Council hereby directs the City Attorney
to file the necessary petition for the taking of an
easement for park purposes in the following described
properties and to proceed with such action to a successful
conclusion or until it is abandoned by the City Council, or
dismissed or terminated by the Court;
The southerly 4.02 acres of the easterly 494.64 feet of Lot 2,
Auditor's Subdivision No. 25 (Plat 89100, Parcel 510);
More particularly described as:
The southerly 4.02 acres of the following described property:
Commencing at the southeast corner of Lot 2, thence west
along the south line thereof a distance of 494.64 feet, thence
north to a point in the north line of said Lot 492.27 feet west
from the northeast corner of Lot 1, thence east to the northeast
corner of Lot 1, thence south to point of beginning, Auditor's
Subdivision No. 25, Hennepin County, Minnesota (Parcel 510,
Plat 89100)
October 30, 1967 1
Date Mayor
ATTEST:/
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member john Leary, and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, john Leary, Gordon Erickson, Howard Heck
and Theodore Willard, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.