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FEOM LEONARD. STREET AND DEIHARD (MON) 2. 1'9D 10:50/ST. 10:49 NO. <250433399 P 4 <br />1. <br />2. <br />3. <br />Temporar y Access. Temporary access between the Service 800 Parcel and Wayzata <br />Boulevard may continue at the existing curb cut along the southerly boundary of Outlot E, <br />SUGAR WOODS, until the earlier of (a) a tight of permanent access is acquired and a <br />permanent access road is built pursuant to this Road Agreement, or (b) the first <br />anniversary of the filing of the final plat of SUGAR WOODS 2ND ADDITION. Exhibit A <br />is a sketch depicting temporary access to the Service 800 Parcel. <br />Option 1 •- Reconveyance of BnmhuJl Triarn>1 e to Otten. T.*ie preferred method tor <br />acquiring permanent access to the Service 800 Parcel is as follows: <br />a. <br />b. <br />Otten purchases fee simple title from the heirs of Franc P. Daniels, Sr. <br />Otten then petitions the Minnesota Department of Transportation (‘‘MnDoT'*) for <br />reconveyance of the State’s casement over the Brimhall Trianele to them. <br />c.Otten must grant the City a right-of-way through the Brimhall Triangle for a public <br />road and public utilities. The right-of-way must be 70 feet vnde and the centerline <br />of the right-of-way must be the northeasterly extension of the centerline of <br />Bnmhall Avenue, as shown on Exhibit B. The easement document will be executed <br />as soon as possible and the easement in favor of the City will become efifective <br />when Otten acquires fee simple title to the Brimhall Triangle and MnDoT <br />reconveys its highway casement to Otten. <br />d.Otten must grant to the Developer a permanent easement for a private road <br />between the 70-foot City light-of way in the Brimhall Triangle and the Service 800 <br />Parcel, as shown on Exhibit B. The easement document will be executed as soon <br />as possible and the easement in favor of the Developer will become effective when <br />Otten acquires fee simple title to the Brimhall Triangle and MnDoT reconveys its <br />highway casement to Otteu. <br />e.The Developer must build its road in the City’s 70-foot right-of-way and the <br />Developer ’s adjoining right-of-v/ay in th^ Brimhall Triangle as sho\Mi on Exhibit <br />B. <br />Option 2 — Turnback of Brimhall Triangle. If Otten does not achieve step 2.a by March <br />13, 1999 or if Otten does not achieve step 2.c by April 30, 1999, the next preferred <br />method of acquiring access to the Service 800 Parcel is as follows: <br />a.The City of Orono and the City of Long Lake will jointly petition MnDoT for <br />“turnback” of the Bnmhall Triangle to the City of Orono for a public road to be <br />owned by the City of Orono. <br />b.The Developer will build an access road in the Brimhall Triangle between Wayzata <br />Boulevard and the Service 800 Parcel as shown on Exhibit C. <br />t7a7S29.0l