2019-39CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 12, 2019 RESOLUTION NO: 2019-39
MOTION BY: Campion SECONDED BY:
Coleman
A RESOLUTION AUTHORIZING ENTRY TO PROPERTY
WHEREAS, the City of Chanhassen and Carver County have agreed to cooperatively undertake
the reconstruction and widening of Carver County Highway No. 101 between Pioneer Trail and County
Highway 61 in the City of Chanhassen ("Project"); and
WHEREAS, funding for designing of the Project, acquisition of necessary right-of-way for
construction of the Project, and construction of the Project has been obtained or committed; and
WHEREAS, engineers retained by the City have prepared a plan for widening and
reconstruction of Highway 101, which has been approved by the City Council; and
WHEREAS, it is necessary for the City to acquire right-of-way from various parcels of real
estate which are affected by the Project, including Project Parcel 13, located at 670 Creekwood Drive
(Tax Identification No. 25-306-0010); and
WHEREAS, the approved plan for the Project will remove the drain field for the septic tank
serving Parcel 13, so that it is necessary for representatives of the City to enter the Property to
investigate how the drain field may be replaced on Parcel 13; and
WHEREAS, it is necessary for City employees and agents to enter Parcel 13 for survey, soil
borings and appraisal purposes, as well as other inspections and examinations, including inspection of
the inside of structures located on the property, since the Owner has requested that the City consider
purchase of the entire property; and
WHEREAS, pursuant to Minn. Stats., Section 117.041, Subdivision 1, "for the purposes of
making surveys and examinations relative to Minnesota Statutes, Chapter 117, it is lawful to enter upon
any land, doing no damage;" and
WHEREAS, pursuant to Minn. Stats., Section 117.041, Subdivision 3 (a), the City Council may
authorize entry upon properties within the City for purposes of investigation, monitoring, testing,
surveying, boring, or other similar activities necessary or appropriate to perform geotechnical
investigations; and
WHEREAS, pursuant to Minn. Stats., Section 117.041, Subd. 3(b), "At least ten days before
entering the property, the ...political subdivision must serve notice on the property owner requesting
permission, stating the approximate time and purpose of the entry, and giving the owner the option of
refusing entry. If the property owner refuses to consent to the entry, the ...political subdivision must
apply for a court order authorizing the entry and the removal of any sample or portion from the property,
giving notice of the Court order to the property owner. The court shall issue an order if the... political
subdivision meets the standards in paragraph (a). Notices under this paragraph must be served in the
same manner as a summons in a civil action; and
WHEREAS, pursuant to Minn. Stat. Section 117.041, Subdivision 3(c), the ...political
subdivision must not cause any unnecessary damage to the property and must compensate the property
owner for any damages actually incurred as a result of the geotechnical investigations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, as
follows:
That at least ten days before employees or agents of the City propose to enter Parcel 13 for
geotechnical investigations, and survey, appraisal, and other inspections and examinations,
Kennedy & Graven, Chartered, counsel for the City in connection with the Project, is directed to
serve written notice on the owner of Parcel 13, stating the approximate time and purpose of the
entry, the opportunity for the owner to share in any sample or portion resulting from the City's
tests on the property, and giving the owner the option of refusing entry to the property;
2. If the owner of Parcel 13 refuses to consent to the entry, counsel for the City is directed to apply
for a court order authorizing the entry and the removal of any sample or portion from Parcel 13,
serving notice upon the owner of Parcel 13 of the court hearing at which the City will ask the
court to grant the proposed order, and serving a copy of the proposed order upon the owner of
Parcel 13 in the same manner as a summons in a civil action.
3. If an order is granted pursuant to the City's request, counsel for the City is directed to serve a
copy of the Court's order upon the owner of Parcel 13.
4. The Director of Public Works is directed to advise City employees, contractors and agents who
enter Parcel 13 that they should attempt to avoid doing unnecessary damage to the property in
the course of their entry upon the property because the City will be required to compensate the
property owner for damages actually incurred as a result of the geotechnical investigations.
Passed and adopted by the Chanhassen City Council this 12t' day of August, 2019.
ATTEST•
8 �,g 4�
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To/d Gerhardt, City Manager Elise Ryan, Mayor
YES NO ABSENT
Ryan
Campion
Coleman
McDonald
Tjornhom
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