HomeMy WebLinkAboutResolution - 2022-33 - Approving the Mutual Waiver Agreement for Eden Prairie Road Assessment Project - 02/08/2022CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-33
RESOLUTION APPROVING THE MUTUAL WAIVER AGREEMENT BETWEEN THE
CITY OF EDEN PRAIRIE AND DEAN AND KAREN EDSTROM REGARDING THE
EDEN PRAIRIE ROAD SPECIAL ASSESSMENT PROJECT
WHEREAS, the City of Eden Prairie ("City") constructed a road improvement project,
Project No. LC. 13-5844 from Eden Prairie Road to Flying Cloud Drive (the "Project"); and
WHEREAS, the City, following its special assessment policy, specially assessed three (3)
parcels of property owned by Dean and Karen Edstrom (the "Edstroms") in the amount of
$69,860.00 ("Special Assessment"), for special benefits the parcels received resulting from the
Project; and
WHEREAS, the Edstroms appealed the Special Assessment to the Hennepin County
District Court; and
WHEREAS, following a two (2) days trial, the Court entered an order denying the
Edstrom's appeal and affirming the City's Special Assessment; and
WHEREAS, the City maintains a right to seek taxation of its costs and disbursements
incurred in the Special Assessment appeal, which amount is in excess of $40,000.00, and the
Edstroms maintain a right to appeal the Hennepin County District Court's denial of their appeal;
and
WHEREAS, the City agrees to waive its right to tax costs and disbursements and the
Edstroms waive their right to appeal the District Court's decision as set forth in the attached Mutual
Waiver Agreement.
BE IT REOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
1. The Mutual Waiver Agreement is approved, and the Mayor and City Manager are
hereby authorized to execute the same.
ADOPTED by the City Council of the City of Eden Prairie this 8111 day of February, 2022.
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Ronald A. Case, Mayor
ATTEST:
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