HomeMy WebLinkAbout2023-104 (Entry To Property For Geotech Investigation)City of Stillwater
Washington County, Minnesota
RESOLUTION NO. 2023-104
A RESOLUTION AUTHORIZING ENTRY TO PROPERTY FOR GEOTECH
INVESTIGATION
WHEREAS, the City of Stillwater plans to undertake a construction project installing
water and sanitary sewer utilities ("Project") in the northeast corner of the intersection of
Manning Avenue North and State Highway 36 in Stillwater, Minnesota, on property identified
as Washington County PID numbers: 3103020330003 and 3103020340004 (graphically
depicted on Exhibit A) ("Property") owned by Lakeview Memorial Hospital Association, Inc.
("Owner"); and
WHEREAS, the Property will be used for the construction, operation, and
maintenance of City utilities; and
WHEREAS, for the purposes of final design and construction of the City utilities, the
City Council finds it reasonably necessary to perform geotechnical investigation at the site,
including investigating, testing, surveying, boring, and other similar activities; and
WHEREAS, Minnesota Statutes § 117.041, Subd. 3, authorizes the City by resolution
to enter property for the purposes of performing geotechnical investigations and establishes
a procedure for the exercise of that authority; and
WHEREAS, Minnesota Statutes § 117.041, Subd. 3, requires the City to serve formal
notice on the Owner requesting permission to enter the Property for the purposes of
performing a geotechnical investigation, giving the Owner the option of refusing entry; if the
Owner refuses to consent to the entry, the City may apply for a court order authorizing the
entry and geotechnical investigation; and
WHEREAS, Minnesota Statutes § 117.041, Subd. 3, prohibits the City from causing
any unnecessary damage to the Property and requires the City to compensate the Owner for
any damages actually incurred as a result of the geotechnical investigation.
NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does
hereby authorize as follows:
The City Attorney is authorized and directed to serve formal notice on the
Owner requesting permission for the City's contractors and consultants to enter
the Property for purposes of performing geotechnical investigation for the
Project, following the procedure established in Minnesota Statutes § 117.041;
2. If the Property owner declines to grant permission to enter, the City Attorney is
authorized and directed to seek a court order authorizing the entry and
geotechnical investigation pursuant to Minnesota Statutes § 117.041;
3. Whether permission to enter is obtained from the Owner or granted by court
order, the City's contractors and consultants who enter the Property are
directed to attempt to avoid causing any unnecessary damage to the Property.
Adopted by the Stillwater City Council this 2nd day of August, 2023.
CITY OF ILLWATER,
::L4/- kF=
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Cl