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q^-rlCt'LlV) r--••^'*' . CnTXy^ < C^Ul:^ i'^LCxSy ^ J <br />d OtUa hw«by gnzjts to fi:t City of Oraoo perpetual, nonexclusive cascm«ts tfiroug}i <br />the Brimball Triangle for g public road and public utilities. The easements shall become <br />effective if and when Otun acquires fee simple title to the Brimball Triangle free of the State of <br />Minnesota's highway easemscL There shall be a north-south right*of*way and an east-west <br />right-of-way. The north-south right-of-way shall be 70 feet wide and its centerline shall be the <br />northeasterly extension of the ctnterlics of Brimball Avenue, as planed in LONG LAKE <br />COMMERCIAL-INDUCTRLU PARK. The cast-west right-of-way shall be that part of the <br />Brimball Triangle lymg within 150 feet of the south right-of-way line of U.S. Trunk Highway <br />12 as shown on the plat o^LONO LAKE COMMERCIAL-INDUSTRIAL PARK Within the <br />north-south right-of-way. ihe Cir>’*s easement shall be for a public road and public utilities. <br />Within the east-west ngbt-of-way. except its intersection with the oorth-souA right-of-way. the <br />City's easement shall be fbr public utilities only. See the sketch of Option I anached as Exhibit <br />E <br />e. Onen hereby grants to Developer a perpetual, nonexclusive easement through the <br />DrinohiU Triangle for a pi^e road and private utilities. The easement shall become effective if <br />and when Otten acquires fee sisple tide to the Brimball Triangle free of the State of <br />Minnesota's highway casemcni The casement area is the 70-foot wide right-of-way described <br />m the preceding subparagjraph and that portion of the Brimhall Triangle lying easterly of that <br />70-foot wide right-of-way See the sketch of Option 1 attached as Exhibit E. <br />f Witlun four months after the Option 1 easements become effective. Developer shall <br />build its pnvate road as sl^wn ca^xhibitB at Developer's expense and the City of Orono <br />shall vacate the 10-fcot wide ublity and drainage easement along the south line of the Otten <br />Parcel <br />3. Option 2 — Turnback of Brimhall Triangle. <br />ff Onen docs not acquire fee simple tide to the Brimhall Triangle by March 15, 1999, or if <br />MnDoT docs not approve rcconvcyante of the Brimhall Triangle to Otten by Apnl 30,1999, then <br />perma.nent access between the Service £00 Parcel and Wayzata Boulevard shall be acquired as follows: <br />a. The City of Orono shall apply to MnDoT for a permit to install a public road in the <br />Brimhall Triangle as sbo^ on ExUbit C. Developer shah provide all ph^ and speciftcahoos <br />required by MnDoT at Developer's expense. The plans and spedficauans shall be revised as <br />necessary to meet any reasonable demands by MnDoT, such as extension of the pubHc road to <br />reach the Onen Parcel as well as the Service 800 Parcel <br />b Within four months ahe: MnDoT issues the public road permit. Developer shall install <br />the public road at Developer's expense and shall dedicate it to the City of Orono The City of <br />Orono shall accept the dedcaooc, if the road complies with the requirements of this Road <br />Agreement and the requinemec3 of Mi:DoT. The designation of the road as public and the <br />acceptance of the dedicaooo of the road shall not change the mainisnance and repair obligadocis <br />set forth in paragraph 6 bdow <br />iirrma* <br />24 <c: