02-08-1999 Council Packet - Laserfiche WebLink

Home Browse Search

LEONX^D. STREET AN'D DEINARD (FRl) 2. 5’99 14:41/ST. 14:SS.M0.425043S259 F 4 D. The Brimhall Triangle is in the city limits of Long Lake. It is owned in fee simple by the heirs of Franc P. Daniels, Sr., deceased, and is subject to a Highway Easement in favor of the State of Minnesota dated July 15, 1927. E. There are three options for permanent access over the Brimhall Triangle that are acceptable to the parties to this Agreement — Option 1, 2 and 3 shown on Exhibits B, C and D. F. Otten owns Lot 2, Block I. EAST WILLOW WOODS. Hennepin County, Minnesota (“Otten Parcel”). The Otten Parcel is cast of the Service 800 Parcel and north of the Brimhall Triangle. The Otten Parcel is necessary for Option 3 depicted on Exhibit D. G. As a condition of final plat approval of SUGAR WOODS 2ND ADDITION, the City Council of the City of Orono has required that this Road Agreement be executed, so that the various road access arrangements will be described and agreed upon. agreement In consideration of the fact recited above, one dollar and other good and valuable consideration, the parties agree as follows: 1. Temporary Access. Temporary access between the Service 800 Parcel and W^ayzata Boulevard may continue at the e?dstlng curb cut along the southerly boundary of Outlet E, SUGAR WOODS, until the earlier of (a) a right of permanent access is acquired and a permanent access road is built pursuant to this Road Agreement, or (b) August 31, 2000. Exhibit A is a sketch depicting temporary access to the Ser\icc 800 Parcel. 2. Option 1 — Reconveyance of Brimhall Triangle to Otten The preferred method for acquiring permanent access between the Service 800 Parcel and Wayzata Boulevard is as follows: a. Otten will use best efiforts to purchase fee simple title to the Brimhall Triangle from the heirs of Franc P. Daniels, Sr. b. Otten will then petition the Minnesota Department of Transportation ( MnDoT*) for “reconveyance” of the Brimhall Triangle to Otten - in other words, relinquishment of the State of Nllnnesota's highway easement over the Brimhall Triangle. c. .All parties expect MnDoT to determine that the Brimhall Trianglc is surplus highway right-of-way and approve the reconveyance to Otten If MnDoT approves the reconveyance to Otten, MnDoT will then take additional steps to implement the reconveyance, including appraisal of the fair market value ot the highway easement and 1767150 07