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2. <br />3. <br />4. <br />On City right-of-way if the City is successful in having MnDOT <br />turnback the right-of-way easement over the triangle to the City for <br />public road purposes; or <br />On ar easement over Lot 2, Block 1, East Willow Woods (Otten <br />Property) entering Lot 1, Block 1, Sugar Woods 2nd Addition at a <br />location near the north end of said Lot 1. <br />c.The developer shall provide all easements, agreements and financial <br />security necessary to guarantee to the satisfaction of the City Attorney that <br />Option #3 noted above will be completed if neither Options #1 or #2 can <br />be successfully completed. <br />The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is <br />approved on a permanent basis. The ieft-in/left-out access of Lot 1 to Highway <br />12 at Brimhall Avenue is approved on an interim basis. At such time as a <br />frontage road is installed to provide alternative access to Lot 1, the City shall <br />have the right to terminate the right-in/right-out access at Brimhall Avenue upon <br />payment of just compensation and the right to terminate the left-in/left-out access <br />at Brimhall Avenue without payment of any compensation; provided that Lot I's <br />access to Highway 12 will not be terminated unless the Highway 12 accesses of <br />the other parcels served by the frontage road are similarly terminated. <br />The City reser\'es the right to control access to Lot 1 from the Wear property <br />directly east of Lot 1 in the commercial site plan review process. Applicant <br />shall, if found necessary by the City, place barriers to prohibit access from the <br />Wear property. <br />Lot 1 shall bear the total reasonable costs of constructing the portion of the <br />frontage road directly adjacent to Lot 1. If the frontage road is built, the owner <br />of Lot 1 reserves the right to contest the necessity and feasibility of the frontage <br />road improvement. The subdividers and City have executed a Special Assessment <br />Agreement to guarantee that the owner of Lot 1, Block 1, Sugar Woods 2nd Addition <br />will bear such reasonable costs. <br />Page 3 of 4 <br />1