HomeMy WebLinkAboutResolution - 83-218 - Setting Forth Specific Conditions - Burger King Restaurant - 09/20/1983 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-218
A RESOLUTION SETTING FORTH 'SPECIFIC CONDITIONS
OF COUNCIL APPROVAL OF THE BURGER KING RESTAURANT
AT THE SOUTHEAST CORNER OF HIGHWAY #5 AND COUNTY ROAD #4
BE IT RESOLVED that the proposal for a restaurant on 2. 15 acres for Burger King,
located south of Highway #5 and east of County Road #4, is herein approved subject
to the following specific conditions :
1 . The plans revised and dated August 8, 1983, and attached hereto a, Exhibit
A, shall apply.
2. Prior to building permit issuance, Burger King shall :
A. Submit detailed water, sanitary and storm sewer plans to the
Engineering Department for review and receive the Engineering
Department's approval of said plans.
B. Receive the approval of the Watershed District.
C. Provide a copy of the easement referred to in Exhibit B, Letter of
Intent, attached hereto and made a part hereof, to the City.
D. Prior to subdivision of the parcel , access from the future parcel to
the east shall be provided to the public road referred to in Exhibit
B, Letter of Intent.
3. Prior to occupancy permit issuance, the road referred to in the Letter of
Intent, Exhibit B hereof, shall be constructed to standards acceptable to
the City Engineer.
ADOPTED by the City Council on September 20 1983.
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RECITALS
Letter of. Intent I �1
Burger , !iq Corporation , Birchwood Laboratories and E. A. Swet-n 1
own properly abutting on a private driveway owned by E. A. Sween
which provides access to County Road 4 . Burger King Corporation
and Birchwood Laboratories want access to the driveway for the
purpose of giving their respective properties access to County
Road 4 . Both Burger King and E. A. Sween have development
applications and proposals at the present. time in front of the
City of Eden Prairie . The City has indicated a desire to resolve
the access to County Road 4 over the present driveway , as a
condition to the development of the Burger King proposals and the
E. A. Sween proposal and possible future development of Birchwood
Laboratories ' property . This letter is made for the purpose of
memorializing the intent of the parties with respect to the
question of access to County Road 4 from their respective
properties .
INTENT
The undersigned companies , for the purpose of setting forth their
respective intent , hereby state as follows :
1 . That it is the i.)tent of the parties that a roadway will
be constructed approximately 38 feet in width , with a concrete
curb and gutter , appropriate drainage and 3-1/2 " of bituminous
surface over 8" of Class 5 base , with 1" of overlay over the
existing bituminous roadway from County Road 4 going East
approximately 200 feet . * At said point there will be a turn-around
provided with an approximate 60 foot radius . There will be access
through the turn-around to the E . A. Sween property.
2 . That after completion of the roadway to the approximate
ftoregoing specifications and its acceptance by the City as a
properly constructed roadway , E. A. Sween Company shall dedicate
to the City of Eden Prairie said portion as a public roadway .
3 . That Burger King and Birchwood Labs shall pay the cost
of a security gate for E . A. Sween Company to be erected at the
existing Easterly end of the roadway up to a cost of $8 , 500 .
4 . That E. A. Sween Company shall allow Burger King access
IQ3 during the period of construction and up until acceptance by the
City of the public roadway. Provided , however , that in the event
Burger King and Birchwood Labs do not promptly move toward
completion of the roadway; or , fail to correct any conditions
necessary for acceptance by the City , said easement shall cease to
exist.
5 . Burger King and Birchwood Labs shall provide necessary
surveys to properly and adequately describe the area of public
dedication .
6 . That Burger King and Birchwood Labs , jointly and
severally , shall hold E. A. Sween Company harmless from the costs
of all construction contemplated herein .
��� *) or to city standards, if diffcrcrit from above
7 . That the foregoing is conditioned upon E . A. Sween
receiving approval to proceed with its office building development
presently before the City and shall not be effective until such
development is approved .
E. A. SWEEN COMPANY
By:
' Douq as M. Fincham
Its : Vine, President of i0pe-z-ations-
BURGER KING
Its :
B IRCHWOOD LABORATORIES
t
By:
John
Its : fiL