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i) <br />j) <br />2. <br />An 8* wide bituminous surfaced public pedestrian/bicycle trail shall be constructed by the <br />Developer or his successors in ownership within Outlets A and D along Highway 12, <br />connecting to the trails constructed in Phase I. The construction of the portions of said public <br />trail adjacent to Highway 12 within Outlets A and D may be deferred until a determination <br />is made whether 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. The trails along <br />Highway 12 may be located within the Highway 12 right-of-way if a 20' separation is <br />maintained from the traveled roadway of Highway 12, and if MnDOT approval is obtained. <br />Portions of the trail may be located within the ri^t of way of Kelley Parkway north of the <br />stormwater pond. The trail shall provide a continuous connection along Highway 12 from <br />the east boundary of the property to the west boundary; connection across the stormwater <br />pond area may be along Highway 12 or may jog up to and back down from Kelley Parkway <br />along the stormwater pond perimeter. <br />The City shall be responsible for maintenance of the public trails upon their completion and <br />acceptance. Public easements including a suitable shoulder width shall be granted over all <br />the public trails not located in dedicated right-of-way. <br />Sidewalks along both sides of Kelley Parieway shall be provided by the developer as depicted <br />on the approved plan sheets, including 5' concrete sidewalks separated from back of curb by <br />8* to accommodate deciduous trees and landscaping in boulevard. <br />All trails and sidewalks, whether public or private, shall be installed concurrently with tb< <br />residential development phases and prior to occupancy of residential units. <br />Maintenance of the sidewalks within the right-of-way of Kelley Parkway shall be the <br />responsibility of the Developer or the homeowners association or commercial maintenance <br />association. <br />Utilities and' tormwater Mans ’.emeni <br />Developer shall construct municipt.' sewer and water lines as shown on Sheets C4.1 through <br />C4.10, subject to final design deta.’ approval by the City Engineer. The Developer shall <br />provide a -h2 24-month warranty on all utility construction. <br />The City will own and maintain the sanitary sewer and water mains within the development. <br />The City will inspect these systems dunng their construction to ensure proper installation. <br />Developer shall grant Drainage and Utility Easements to the City of Orono over all municipal <br />sewer and water lines and facilities, including the rights of way necessary to maintain same. <br />Applicants’ architect shall submit final development plans to the Metropolitan Council <br />Environmental Services to determine the exact number of SAC units to be charged at the <br />time of the issuance of building permits. <br />Page 2 of 4