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h) An 8' wide bituminous surfaced public pedestrian/bicycle trail shall be <br />constructed by the Developer or his successors in ownership within Outlets <br />A and D along Highway 12, eonnecting to the trails constructed in Phase I. <br />The consimetion of the portions of said public trail adjacent to Highway 1 2 <br />within Outlets A and D may be deferred until a determination is made whether <br />the Highway 12 boulevard area will be converted from a rural section to an <br />urban section and/or until Outlets A or D are developed for commercial uses.. <br />The trails along Highway 12 may be located within the Highway 1 2 right-of- <br />way if a 20' separation is maintained from the traveled roadway of Highway <br />12, and if MnDOT approval is obtained. Portions of the trail may be located <br />within the right of way of Kelley Parkway north of the stormwater pond. The <br />trail shall provide a continuous connection along Highway 12 from the cast <br />boundary of the property to the west boundary; connection across the <br />stormwater pond area may be along Highway 12 or may jog up to and back <br />down from Kelley Parkway along the stormwater pond perimeter. <br />i) The City shall be responsible for maintenance of the public trails upon their <br />completion and acceptance. Public casements including a suitable shoulder <br />width shall be granted overall the public trails not located in dedicated right- <br />of-way. <br />j) Sidewalks along both sides of Kelley Parkway shall be provided by the <br />developer as depicted on Sheets_______, including 5* concrete sidewalks <br />separated from back of curb by 8' to accommodate deciduous trees and <br />landscaping in boulevard. <br />k) All trails and sidewalks, whether public or private, shall be installed <br />concurrently with the residential development phases and prior to occupancy <br />of residential units. <br />l) Maintenance responsibility for the sidewalks within the right-of-way of Kelley <br />Parkway shall be the responsibility of the Developer or the homeowners or <br />commercial maintenance association(s). <br />Page 8 of 17