HomeMy WebLinkAboutResolution No. 208-25 - Resolution - Authorizing Entry Willow Creek Regional Trail Project J4951
RESOLUTION
Authorizing Entry to Property for the Willow Creek Regional Trail Project
WHEREAS, the City of Rochester has deemed it necessary and advisable to conduct
surveys along a potential route for the Willow Creek Regional Trail, Project No. J4951
(“Project”); and
WHEREAS, the City has entered into a contract with Alliant Engineering to provide
preliminary engineering design for the Project, including environmental documentation
and geotechnical exploration; and
WHEREAS, the City has reason to believe that acquisition of easements from a certain
parcel of real estate located in the City of Rochester, Minnesota, PID No. 642421041941
(“Property”) may be required pursuant to eminent domain proceedings under Minnesota
Statutes Chapter 117; and
WHEREAS, it is necessary for City employees, agents or contractors to enter portions of
the Property depicted on the attached Right of Entry Exhibit for purposes of performing
the following investigations: wetland delineation along the project corridor; a topographic
survey; and collecting geotechnical information (the “Investigation”).
WHEREAS, the Property’s owner (“Owner”) declined the City’s consultant’s initial request
for permission to enter the Property for the purpose of performing the Investigation; and
WHEREAS, Minnesota Statutes § 117.041, Subd. 1, authorizes the City to enter upon
land for the purpose of making surveys and examinations relative to any eminent domain
proceedings under Minnesota Statutes Chapter 117, doing no unnecessary damage; 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 purpose 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.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2025.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
(the “Council”) as follows:
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
1. That at least ten days before employees, agents or contractors of the City propose
to enter the Property for geotechnical investigations, survey, soil borings, wetland
ATTEST: __________________________
delineations, environmental examinations or other inspections and examinations,
CITY CLERK
Kennedy & Graven, Chartered, special counsel for the City in connection with the
Project, is directed to serve written notice on the Owner, requesting permission to
APPROVED THIS _____ DAY OF ______________________, 2025.
enter the Property, stating the approximate time and purpose of the entry, and
giving the Owner the option of refusing entry to the Property;
2. If the Owner declines to grant permission to enter, special counsel is authorized
___________________________________
and directed to seek a court order authorizing the entry, survey, examination and
MAYOR OF SAID CITY
investigation pursuant to Minnesota Statutes § 117.041;
(Seal of the City of
3. Whether permission to enter is obtained from the Owner or granted by court order,
Rochester, Minnesota)
the City’s contractors and consultants who enter the Property are directed to
attempt to avoid causing any unnecessary damage to the Property.
RIGHT OF ENTRY EXHIBIT