1o. 1350 Flying Cloud Drive: Order to Vacate Dwelling.1 MEMORANDUM
CITY OF
CHANHASSEN
_.l_ (-,),
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' TO: Don Ashworth, City Manager
FROM: Steve A. Kirchman, Building Official
THROUGH: Scott Harr, Public Safety Director
DATE: February 21, 1996
SUBJECT: Order to vacate and repair or remove hazardous building
The Carver County Sheriffs Office requested an inspection of a dwelling at 1350 Flying
Cloud Drive on 2/14/96. The Inspections Division has determined it is a hazardous
building and wishes to request the City Council to issue an order to vacate and repair or
remove the building.
Back round:
' The dwelling is located on the site known as the seminary property. It is the middle
building of the three dwellings on the property, and is served by an onsite sewage treatment
system. The seminary building to the west is unoccupied, and the other single family
dwelling to the east is occupied. A site plan of the property is attached (Attachment A) with
the subject building clouded. There have been a number of inquiries over the years about
redeveloping the property, but nothing is currently active with City staff.
Analysis•
Inspections Division staff performed inspections on two separate days (2/14/96 and
2/16/96) with the permission of the tenants. We were accompanied by officers from the
Carver County Sheriffs Office and Chanhassen Public Safety Department. Violations too
numerous to list separately were observed at both inspections. Pictures were taken on
2/16/96, and are attached (Attachments B 1 -B4). 1 have also included copies of our
inspection reports (Attachments C 1 -C3).
Don Ashworth
February 21, 1996
' Page 2
Dangerous electrical code violations were observed which can easily result in a fire or
electrocution. HVAC code violations were noted that could also result in a fire, explosion
or carbon monoxide poisoning. Numerous plumbing code violations were also observed.
These violations could result in disease or death due to inhaling methane gas. In addition to
the plumbing violations inside the house, we observed an open trench directing untreated
' sewage into the stream to the north of the dwelling. Numerous attempts at remodeling (all
without permits) have resulted in uncountable building code violations.
' These numerous violations make us fearful for the health and safety of the tenants. The
violations are so extensive and numerous that, in my opinion, the dwelling should not
continued to be occupied, nor should it be reoccupied until all corrections have been made
' and approved. I have spoken with the property owner, who tentatively agreed the dwelling
should be vacated.
' Minnesota Statutes 463.15 through 463.261 (Attachment D 1 -D7) provide for the abatement
of hazardous and substandard buildings. MS 463.16 requires the governing body of the
City to order the correction or removal of the building. I have enclosed an order drafted by
the City Attorney (Attachment E). This order will insure that the dwelling is vacated as
quickly as possible regardless of any action or inaction on the part of the owner.
I believe that the City should act at once in this case to protect the tenants. Unfortunately
the Council agenda on 2/26/96 is full. Accordingly, I would like to place this item on the
consent agenda, and provide enough information in the packet to enable council approve the
' order without discussion.
r
Recommendation:
I recommend the City Council approve the order to the property owner directing the
dwelling be vacated and repaired or removed.
attachments: A, site plan
B 1 -B4, pictures
C 1 -C3, inspection reports
D 1 -D7, Minnesota Statutes 463.15- 463.261
E 1 -E3, order to vacate.
F, resolution
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INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937 -190
CZ�� Lou-.-. 5 (�
INSPECTION FOR A E IM
D TE T E
TIME & DATE INSPECTION DESIRED ' tMITNO.
ADDRESS ` "1 � 1�� �'� (�
CONTRACTOR TAKEN BY:
WATER METER NO. N
REMOTE NO. _--
o �
LOCATION
�J CORRECTIONS
4 ( I t 0 _1�_ So
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If no corrections are listed above, approval is hereby given to procied. You will be in
violation of the ordinance rf you do not call for the proper inspections and make cor-
rection as called for.
3 -. � 0 51
Date Time Inspector
C1
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
937 -1 00 I t
b r is p e' 4 tl k� � INSPECTION FOR DATE TIME
TIME & DATE INSPECTION DESIRED
� a .
ADDRESS P RMIT NO.
CONTRACTOR
-��
WATER METER NO,
REMOTE NO.
LOCATION
ow'�_U — �tA'd�
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TAKEN BY:
CORRECTIO S
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If no corrections are listed above, a proval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make cor-
rection as called for.
fi 6 /� V_ I / - ' _� /_9 — — ate ime Inspector
C2
INSPECTION REPORT
CITY OF CHANHASSEN, MINNESOTA
9 -1900
INSPECTION FOR 27 ' - DATE TIME
TIME & DATE INSPECTION DESIRED 1_ `� ' J " ^ '"'
� RMIT
ADDRESS NO. ,�, x�_S
CONTRACTOR TAKEN BY:
WATER METER NO,
REMOTE NO.
LOCATION
CORRECTIONS
I /';� - - / r
If no corrections are listed above,..approval is hereby given to proceed. You will be in
violation of the ordinance if you do not call for the proper inspections and make cor-
rection as called four.
Date Time Inspector
C3
F]
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CHAPTER 463
BIIILDING LINE EASEMENTS; BIIILDING REGULATIONS; AND HAZARDOUS
BIIILDINGS
HAZARDOUS AND
SUBSTANDARD BIIILDINGS
463.15 DEFINITIONS.
Subdivision 1. Coverage. For purposes of sections
463.15 to 463.26 the terms defined in this section have the
meanings given them.
Subd. 2. Building. "Building" includes any
structure or part of a structure.
Subd. 3. Hazardous building or hazardous property.
"Hazardous building or hazardous property" means any building or
property, which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or a hazard to public safety or health.
Subd. 4. Owner, owner of record, and lien holder of
record. "Owner," "owner of record," and "lien holder of
record" means a person having a right or interest in property
described in subdivision 3 and evidence of which is filed and
recorded in the office of the county recorder or registrar of
titles in the county in which the property is situated.
HIST: 1965 c 393 s 1; 1967 c 324 s 1; 1976 c 181 s 2; 1989 c
328 art 6 s 5,6
! -ITY OF CHANHASS 1
500 COULTER DRIVE
CHANHASSEN, MN 55317
32 (03 937 --1900
D1
HAZARDOUS AND
SUBSTANDARD BUILDINGS
463.15
Definitions.
463.151
Removal by municipality; consent; cost.
463.152
Exercise of eminent domain.
463.16
Repair or removal of hazardous building;
hazardous property conditions.
463.161
Abatement.
463.17
The order.
463.18
Answer.
463.19
Default cases.
463.20
Contested cases.
463.21
Enforcement of judgment.
463.22
Statement of moneys received.
463.23
Payment, tender, deposit in court.
463.24
Personal property or fixtures.
463.25
Hazardous excavations.
463.251
Securing vacant buildings.
463.26
Local acts and charter provisions.
463.261
Relocation benefits.
HAZARDOUS AND
SUBSTANDARD BIIILDINGS
463.15 DEFINITIONS.
Subdivision 1. Coverage. For purposes of sections
463.15 to 463.26 the terms defined in this section have the
meanings given them.
Subd. 2. Building. "Building" includes any
structure or part of a structure.
Subd. 3. Hazardous building or hazardous property.
"Hazardous building or hazardous property" means any building or
property, which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or a hazard to public safety or health.
Subd. 4. Owner, owner of record, and lien holder of
record. "Owner," "owner of record," and "lien holder of
record" means a person having a right or interest in property
described in subdivision 3 and evidence of which is filed and
recorded in the office of the county recorder or registrar of
titles in the county in which the property is situated.
HIST: 1965 c 393 s 1; 1967 c 324 s 1; 1976 c 181 s 2; 1989 c
328 art 6 s 5,6
! -ITY OF CHANHASS 1
500 COULTER DRIVE
CHANHASSEN, MN 55317
32 (03 937 --1900
D1
D2
463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST.
The governing body of any city or town may remove or raze
any hazardous building or remove or correct any hazardous
condition of real estate upon obtaining the consent in writing
of all owners of record, occupying tenants, and all lien holders
of record; the cost shall be charged against the real estate as
provided in section 463.21, except the governing body may
provide that the cost so assessed may be paid in not to exceed
five equal annual installments with interest thereon, at eight
percent per annum.
HIST: 1967 c 324 s 2; 1974 c 341 s 1
463.152 EXERCISE OF EMINENT DOMAIN.
Subdivision 1. Purpose, public interest. In order
to maintain a sufficient supply of adequate, safe, and sanitary
housing and buildings used for living, commercial, industrial,
or other purposes or any combination of purposes, it is found
that the public interest requires that municipalities be
authorized to acquire buildings, real estate on which buildings
are located, or vacant or undeveloped real estate which are
found to be hazardous within the meaning of section 463.15,
subdivision 3, and the acquisition of such buildings and real
estate is hereby declared to be a public purpose.
Subd. 2. Acquisition; procedure. In furtherance of
the public policy declared in subdivision 1, the governing body
of any city or town may acquire any hazardous building, real
estate on which any such building is located, or vacant or
undeveloped real estate by eminent domain in the manner provided
by chapter 117.
HIST: 1974 c 341 s 3; 1976 c g s 140
463.16 REPAIR OR REMOVAL OF HAZARDOUS BUILDING;
HAZARDOUS PROPERTY CONDITIONS.
The governing body of any city or town may order the owner
of any hazardous building or property within the municipality to
correct or remove the hazardous condition of the building or
property or to raze or remove the building.
HIST: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s
7
463.161 ABATEMENT.
In the manner prescribed in section 463.21 the governing
body of any city or town may correct or remove the hazardous
condition of any hazardous building or property; the cost of
which shall be charged against the real estate as provided in
section 463.21 except the governing body may provide that the
cost so assessed may be paid in not to exceed five equal annual
installments with interest therein, at eight percent per annum.
HIST: 1974 c 341 s 2; 1989 c 328 art 6 s 8
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463.17 THE ORDER.
Subdivision 1. Contents. The order shall be in
writing; recite the grounds therefor; specify the necessary
repairs, if any, and provide a reasonable time for compliance;
and shall state that a motion for summary enforcement of the
order will be made to the district court of the county in which
the hazardous building or property is situated unless corrective
action is taken, or unless an answer is filed within the time
specified in section 463.18.
Subd. 2. Service. The order shall be served upon the
owner of record, or the owner's agent if an agent is in charge
of the building or property, and upon the occupying tenant, if
there is one, and upon all lien holders of record, in the manner
provided for service of a summons in a civil action. If the
owner cannot be found, the order shall be served upon the owner
by posting it at the main entrance to the building or, if there
is no building, in a conspicuous place on the property, and by
four weeks' publication in the official newspaper of the
municipality if it has one, otherwise in a legal newspaper in
the county.
Subd. 3. Filing. A copy of the order with proof of
service shall be filed with the court administrator of district
court of the county in which the hazardous building or property
is located not less than five days prior to the filing of a
motion pursuant to section 463.19 to enforce the order. At the
time of filing such order the municipality shall file for record
with the county recorder or registrar of titles a notice of the
pendency of the proceeding, describing with reasonable certainty
the lands affected and the nature of the order. If the
proceeding be abandoned the municipality shall within ten days
thereafter file with the county recorder a notice to that effect.
HIST: 1965 c 393 s 3; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3
art 1 s 82; 1989 c 328 art 6 s 9
463.18 ANSWER.
Within 20 days from the date of service, any person upon
whom the order is served may serve an answer in the manner
provided for the service of an answer in a civil action,
specifically denying such facts in the order as are in dispute.
HIST: 1965 c 393 s 4
463.19 DEFAULT CASES.
If no answer is served, the governing body may move the
court for the enforcement of the order. If such a motion is
made the court may, upon the presentation of such evidence as it
may require, affirm or modify the order and enter judgment
accordingly, fixing a time after which the governing body may
proceed with the enforcement of the order. The court
administrator shall cause a copy of the judgment to be mailed
forthwith to persons upon whom the original order was served.
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HIST: 1965 c 393 s 5; 1Spl986 c 3 art 1 s 82
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463.21 ENFORCEMENT OF JUDGMENT.
If a judgment is not complied with in the time prescribed,
the governing body may cause the building to be repaired, razed,
or removed or the hazardous condition to be removed or corrected
as set forth in the judgment, or acquire the building, if any,
and real estate on which the building or hazardous condition is
located by eminent domain as provided in section 463.152. The
cost of the repairs, razing, correction, or removal may be: a
lien against the real estate on which the building is located or
the hazardous condition exists, or recovered by obtaining a
judgment against the owner of the real estate on which the
building is located or the hazardous condition exists. A lien
may be levied and collected only as a special assessment in the
manner provided by Minnesota Statutes 1961, sections 429.061 to
429.081, but the assessment is payable in a single installment.
When the building is razed or removed by the municipality, the
governing body may sell the salvage and valuable materials at
public auction upon three days' posted notice.
HIST: 1965 c 393 s 7; 1974 c 341 s 4; 1989 c 328 art 3 s 3
463.22 STATEMENT OF MONEYS RECEIVED.
The municipality shall keep an accurate account of the
expenses incurred in carrying out the order and of all other
expenses theretofore incurred in connection with its
enforcement, including specifically, but not exclusively, filing
fees, service fees, publication fees, attorney's fees,
appraisers' fees, witness fees, including expert witness fees,
and traveling expenses incurred by the municipality from the
time the order was originally made, and shall credit thereon the
amount, if any, received from the sale of the salvage, or
building or structure, and shall report its action under the
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463.20 CONTESTED CASES.
'
If an answer is filed and served as provided in section
463.18, further proceedings in the action shall be governed by
the Rules of Civil Procedure for the District Courts, except
that the action has priority over all pending civil actions and
shall be tried forthwith. If the order is sustained following
the trial, the court shall enter judgment and shall fix a time
after which the building must be destroyed or repaired or the
hazardous condition removed or corrected, as the case may be, in
'
compliance with the order as originally filed or modified by the
court. If the order is not sustained, it shall be annulled and
set aside. The court administrator of the court shall cause a
copy of the judgment to be mailed forthwith to the persons upon
'
whom the original order was served.
HIST: 1965 c 393 s 6; 1Spl986 c 3 art 1 s 82; 1989 c 328 art 6
s 10
1
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463.21 ENFORCEMENT OF JUDGMENT.
If a judgment is not complied with in the time prescribed,
the governing body may cause the building to be repaired, razed,
or removed or the hazardous condition to be removed or corrected
as set forth in the judgment, or acquire the building, if any,
and real estate on which the building or hazardous condition is
located by eminent domain as provided in section 463.152. The
cost of the repairs, razing, correction, or removal may be: a
lien against the real estate on which the building is located or
the hazardous condition exists, or recovered by obtaining a
judgment against the owner of the real estate on which the
building is located or the hazardous condition exists. A lien
may be levied and collected only as a special assessment in the
manner provided by Minnesota Statutes 1961, sections 429.061 to
429.081, but the assessment is payable in a single installment.
When the building is razed or removed by the municipality, the
governing body may sell the salvage and valuable materials at
public auction upon three days' posted notice.
HIST: 1965 c 393 s 7; 1974 c 341 s 4; 1989 c 328 art 3 s 3
463.22 STATEMENT OF MONEYS RECEIVED.
The municipality shall keep an accurate account of the
expenses incurred in carrying out the order and of all other
expenses theretofore incurred in connection with its
enforcement, including specifically, but not exclusively, filing
fees, service fees, publication fees, attorney's fees,
appraisers' fees, witness fees, including expert witness fees,
and traveling expenses incurred by the municipality from the
time the order was originally made, and shall credit thereon the
amount, if any, received from the sale of the salvage, or
building or structure, and shall report its action under the
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order, with a statement of moneys received and expenses incurred
to the court for approval and allowance. Thereupon the court
shall examine, correct, if necessary, and allow the expense
account, and, if the amount received from the sale of the
salvage, or of the building or structure, does not equal or
exceed the amount of expenses as allowed, the court shall by its
judgment certify the deficiency in the amount so allowed to the
municipal clerk for collection. The owner or other party in
interest shall pay the same, without penalty added thereon, and
in default of payment by October 1, the clerk shall certify the
amount of the expense to the county auditor for entry on the tax
lists of the county as a special charge against the real estate
on which the building or hazardous condition is or was situated
and the same shall be collected in the same manner as other
taxes and the amount so collected shall be paid into the
municipal treasury. If the amount received for the sale of the
salvage or of the building or structure exceeds the expense
incurred by the municipality as allowed by the court, and if
there are no delinquent taxes, the court shall direct the
payment of the surplus to the owner or the payment of the same
into court, as provided in sections 463.15 to 463.26. If there
are delinquent taxes against the property, the court shall
direct the payment of the surplus to the county treasurer to be
applied on such taxes.
HIST: 1965 c 393 s 8; 1974 c 329 s 1; 1989 c 328 art 6 s 11
463.23 PAYMENT, TENDER, DEPOSIT IN COURT.
The net proceeds of a sale under section 463.21 or section
463.24 shall be paid to persons designated in the judgment in
the proportions as their interests shall appear therein.
Acceptance of such payment shall be taken as a waiver of all
objections to the payment and to the proceedings leading thereto
on the part of the payee and of all persons for whom the payee
is lawfully empowered to act. In case any party to whom a
payment of damages is made be not a resident of the state, or
the place of residence be unknown, or the party be an infant or
other person under legal disability, or, being legally capable,
refuses to accept payment, or if for any reason it be doubtful
to whom any payment should be paid, the municipality may pay the
same to the clerk, to be paid out under the direction of the
court; and, unless an appeal be taken such deposit with the
clerk shall be deemed a payment of the award.
HIST: 1965 c 393 s 9; 1986 c 444
463.24 PERSONAL PROPERTY OR FIXTURES.
If any building ordered razed, removed, or made safe and
sanitary by repairs contains personal property or fixtures which
will unreasonably interfere with the razing, removal, or repair
of such building, or if the razing or removal of the building
makes necessary the removal of such personal property or
36
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fixtures, the original order of the governing body may direct
the removal of such personal property or fixtures within a
reasonable time. If the property or fixtures are not removed by
the time specified, and the governing body subsequently desires
to enforce a judgment under sections 463.15 to 463.26, it may
sell the same at public auction as provided in section 463.21,
or if without appreciable value, the governing body may destroy
the same.
HIST: 1965 c 393 s 10
463.25 HAZARDOUS EXCAVATIONS.
If in any city, an excavation for building purposes is left
open for more than six months without proceeding with the
erection of a building thereon, whether or not completed, or if
any excavation or basement is not filled to grade or otherwise
protected after a building is destroyed, demolished or removed,
the governing body may order such excavation to be filled or
protected or in the alternative that erection of a building
begin forthwith if the excavation is for building purposes. The
order shall be served upon the owner or the owner's agent in the
manner provided by section 463.17. If the owner of the land
fails to comply with the order within 15 days after the order is
served, the governing body shall cause the excavation to be
filled to grade or protected and the cost shall be charged
against the real estate as provided in section 463.21.
HIST: 1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444
463.251 SECURING VACANT BUILDINGS.
If in any city a building becomes vacant or unoccupied and
is deemed hazardous due to the fact that the building is open to
trespass and has not been secured and the building could be made
safe by securing the building, the governing body may order the
building secured and shall cause notice of the order to be
served upon the owner of record of the premises or the owner's
agent by delivering or mailing a copy to the owner or agent at
the last known address. Service by mail is complete upon
mailing. If the owner of the building fails to comply with the
order within ten days after the order is served, the governing
body shall cause the building to be properly secured and the
cost thereof may be charged against the real estate as provided
in section 463.21.
HIST: 1973 c 123 art 5 s 7; 1973 c 520 s 1; 1986 c 444
463.26 LOCAL ACTS AND CHARTER PROVISIONS.
Sections 463.15 to 463.26 are supplementary to other
statutory and charter provisions and do not limit the authority
of any city to enact and enforce ordinances on the same subject.
HIST: 1965 c 393 s 12; 1973 c 123 art 5 s 7
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463.261 RELOCATION BENEFITS.
Notwithstanding the provisions of section 117.56, or any
other law to the contrary, all acquisitions of buildings and
real estate upon which buildings are located by governmental
subdivisions pursuant to the exercise of the power of eminent
domain as provided in section 463.152 shall be acquisitions for
the purposes of sections 117.50 to 117.56.
HIST: 1974 c 341 s 5; 1976 c 2 s 141
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CAMPBELL, KNUTSON, SCOTT 8 FUCHS, P.A
STATE OF MINNESOTA
COUNTY OF CARVER
I
--------------- ---------- - - - - --
In Re the Matter of Repair or
Removal of a Hazardous Building
Condition at 1350 Flying Cloud Drive,
City of Chanhassen, Carver County,
Minnesota
Feb 22,96 12:17 No.006 P.02
DISTRICT COURT
SECOND JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.
ORDER TO REPAIR OR
REMQU HAZARDOUS BXJLDI
TO: Mr. Arnold Feinberg, Chanhassen Springs Company, 4725 Excelsior Blvd.,
St. Louis Park, Minnesota 55417.
PLEASE BE ADVISED that pursuant to order of the Chanhassen City Council
and by authority of Minnesota Statutes Section 463.15 et seq,, you have twenty (20)
days from the date of service of this Order upon you, to remedy the hazardous
condition of your building situated on property at 1350 Flying Cloud Drive, in the
City of Chanhassen, County of Carver, State of Minnesota, legally described as
follows:
That part of the North Half of the Southwest Quarter and the North Half of
South Half of the Southwest Quarter all in Section 35, Township 116, Range
23, Carver County, Minnesota described as follows:
Commencing at the southwest corner of said Southwest Quarter; thence North 1
degree 34 minutes 02 seconds West, assumed bearing, along the west line of
said Southwest Quarter 884.38 feet; thence North 74 degrees 43 minutes 56
seconds East 336.82 feet; thence North 2 degrees 12 minutes 12 seconds East
919.92 feet to the point of beginning of the land to be described; thence on a
bearing of South 79 degrees 28 minutes 50 seconds East 828,54 feet; thence
North 88 degrees 00 minutes 05 seconds East 44.88 feet; thence South 87
degrees 23 minutes 31 seconds Fast 78.04 feet; thence North 80 degrees 55
minutes 13 seconds East 67.88 feet; thence North 89 degrees 17 minutes 18
seconds East 49.82 feet; thence South 88 degrees 10 minutes 29 seconds East
35032
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
II
k
Feb 22 , 06 12:17 No . 006 P.03 E2
35.89 feet; thence South 42 degrees 02 minutes 37 seconds East 49.26 feet;
thence North 86 degrees 31 minutes 24 seconds East 44.94 feet; thence South
88 degrees 23 minutes 32 seconds East 39.68 feet; thence South 55 degrees 13
minutes 12 seconds East 30.40 feet; thence South 46 degrees 21 minutes 41
seconds East 79.25 feet; thence South 86 degrees 27 minutes 14 seconds East
17.46 feet; thence North 87 degrees 38 minutes 09 seconds East 15.82 feet;
thence South 5 degrees 36 minutes 37 seconds East 28.44 feet; thence South 48
degrees 56 minutes 15 seconds East 34.76 feet; thence South 12 degrees 10
minutes 35 seconds West 24.33 feet; thence South 87 degrees 07 minutes 12
seconds East 95.09 feet; thence North 50 degrees 57 minutes 02 seconds East
51,68 feet; thence South 50 degrees 21 minutes 21 seconds East 55,88 feet;
thence North 57 degrees 28 minutes 34 seconds East 67.28 feet; thence South
79 degrees 59 minutes 47 seconds East 45.76 feet; thence North 32 degrees 49
minutes 05 seconds East 18.99 feet; thence North 28 degrees 32 minutes 31
seconds West 24.87 feet; thence North 18 degrees 40 minutes 11 seconds East
43.65 feet; thence North 62 degrees 35 minutes 06 seconds East 40.46 feet;
thence South 64 degrees 04 minutes 42 seconds East 67.56 feet; thence South
32 degrees 12 minutes 40 seconds East 53.46 feet; thence South 28 degrees 17
minutes 10 seconds East 42,43 feet; thence South 88 degrees 53 minutes 35
seconds East 25.82 feet; to the northwesterly line of State Highway No. 212;
thence southwesterly along said northwesterly line to its intersection with a line
bearing South 2 degrees 12 minutes 1.2 seconds West from the point of
beginning; thence North 2 degrees 12 minutes 12 seconds East 877.98 feet to
the point of beginning.
The house as it is presently situated constitutes a health, safety, and fire hazard
to the residents of the City of Chanhassen.
If you fail to remedy the situation the City will seek permission from the
District Court for the City to do so and that you immediately vacate the premises.
The City will move the District Court for summary enforcement of this Order
pursuant to Minnesota Statutes Section 463.19 unless you remedy the situation with
said twenty (20) day period or unless an answer is filed within twenty (20) days of
service of this Order upon you. Upon enforcement
35 ,132
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CRMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Feb 22 , 96 12:15 Nu . OCit; P.04 E3
of the Order by the City, the cost will be charged against the property pursuant to
Minnesota Statutes Section 463.21.
1 bated: , 1996.
ACKNOWLEDGMENT
The City f Chanhassen, h i
y arse , b and throng is undersigned attorneys,
acknowledges that costs, disbursements and reasonable attorney and witness fees may
be awarded to the opposing party or parties pursuant to Minnesota Statutes Section
549.21, Subd . 2.
Dated: , 1996.
- ROGER N. KNUTSON, #57186
35032
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CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY ' - -- -
ROGER N. KNUTSON, #57186
Chanhassen City Attorneys
'
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
ACKNOWLEDGMENT
The City f Chanhassen, h i
y arse , b and throng is undersigned attorneys,
acknowledges that costs, disbursements and reasonable attorney and witness fees may
be awarded to the opposing party or parties pursuant to Minnesota Statutes Section
549.21, Subd . 2.
Dated: , 1996.
- ROGER N. KNUTSON, #57186
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CHMPBELL, KNUTSON, SCOTT & FUCHS, P.H
Feb 22,96 12:28 No.007 P.02 F
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
1 WHEREAS, the City Council of the City of Chanhassen has attempted without
success to have the owner of certain property repair it; and
WHEREAS, the City Council has determined that the property constitutes a
hazardous building within the meaning of Minnesota Statutes Section 463.15, Subd. 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
' Chanhassen:
1. Pursuant to Minnesota Statutes Section 463.17 et seq., the City hereby
adopts and approves the Order attached hereto as Exhibit "A".
2. The City's legal counsel, Roger N. Knutson, Campbell, Knutson, Scott &
Fuchs, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan,
Minnesota 55121, is directed to serve the Order and to proceed with enforcement in
' accordance with Minnesota Statutes Section 463.15 et seq.
PASSED AND ADOPTED this day of , 1996, by the
City Council of the City of Chanhassen.
I ATTEST:
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
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