HomeMy WebLinkAboutResolution - 78-166 - Providing Temporary Road Easement Near Intersection of Mitchell Road and Valley View Road - 09/05/1978 Sept. 5, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-166
RESOLUTION PROVIDING TEMPORARY
ROAD EASEMENT
WHEREAS, the Board of American Missions of the Lutheran Church in
America, a Minnesota non-profit corporation, (hereinafter"Board") is the
owner of a 3.5 acre parcel of land lying northerly of and adjacent to the
intersection of Mitchell Road and the proposed Valley View Road in Edenvale
2nd Addition, City of Eden Prairie, Hennepin County, Minnesota, shown and
depicted on the Exhibit "A" hereto attached, and
WHEREAS, there had been granted an oral temporary road easement
along the easterly portion of said tract, the same being forty (40) feet
in width, by Board's predecessor in title to the City of Eden Prairie
(hereinafter "City") to provide access between Mitchell Road and Valley
View Road, which easement expired July 1, 1975, and
WHEREAS, it is needful , prudent and desirable that the City of
Eden Prairie continue said temporary easement pursuant to a more definite,
formal easement reducted to writing, and that such easement be limited as
to time, there being no compensation afforded to Board by City for past
use or continued use of Board's property.
RESOLVED, that City, for and in consideration of One Dollar and
other good and valuable consideration by it paid to Board, hereby accepts,
ratifies and confirms the temporary easement for road purposed granted to
it by Board by Quit Claim Deed in the form hereto attached as Exhibit "B" ,
said easement to terminate July 1, 1982, and
FURTHER RESOLVED, that City shall not apply its setback require-
ments or any other zoning requirements in such a manner as to penalize
Board for the granting of said easement, and that it will use its best
efforts to assist Board in gaining tax exemption for the property devoted
to the easement, as well as abatement of taxes, if any, that have been paid
by Board on said property subsequent to July 1, 1975, the date when the
temporary easement granted by Board's predecessor expired.
FURTHER�RESOLVED, that on or after July 1, 1982, at the request of
the Board, the City shall , at its cost, remove said temporary road surfacing
and restore said easement area with.topsoil and seeding.
ADOPTED by the Eden Prairie City Council on 5th day of September, 1978.
gan H. enzel , Mayor
ATTE T: W fSEAL
JrD. e, Clerk