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FROM LEONARD. STREET AND DEINARD (FRI) 2. 5 ’99 14:42/ST. 14:S$ N0.42604SS2E9 ?• 5 <br />documentation of the reconveyance to Often in exchange for payment of the fair market <br />value. <br />d. Often hereby grants to the City of Orono a perpetual, nonexclusive easement <br />through the Biimhall Triangle for a public road and public utilities. The casement will <br />become effective if and when Otten acquires fee simple title to the Brimhall Triangle free <br />of the State of Minnesota’s highway easement. The right-of-way is 70 feet wide and the <br />centerline of the right-of-way is the northeasterly extension of the centerline of Brimhall <br />Avenue, as platted in LONG LAKE COMMERCIAL-INDUSTRIAL PARK. See the <br />sketch of Option 1 attached as Exhibit B. <br />e. Otten hereby grants to Developer a perpetual, nonexclusive easement through the <br />Brimhall Triangle for a private road and private utibties. The easement shall become <br />effective if and when Otten acquires fee simple title to the Brimhall Triangle free of the <br />State of Minnesota’s highway easement. The easement area is the 70-foot vridc right-of- <br />way described in the preceding subparagraph and that portion of tlic Brimhall Triangle <br />lying easterly of that 70-foot wide right-of-way. See the sketch of Option 1 attached as <br />Exhibit B. <br />f. Within four months after the Option 1 easements become effective, Developer <br />shall build its private road as shown on £.xhibit B at Developer’s expense. <br />3. Option 2 ~ Turnback of Brimhall Triangle. <br />If Otten does not acquire fee simple title to the Brimhall Triangle by March 15,1990, or if <br />MnDoT does not approve reconveyance of the Brimhall Triangle to Otten by April 30, 1999, then <br />permanent access between the Service 800 Parcel and Way2ata Boulevard shall be acquired as <br />follows: <br />a. The City of Lena Lake Orono shall apply to KfnDoT for a permit to install a <br />public road in the Britnhall Triangle as shown on Exhibit C. Developer shall provide all <br />plans and specifications required by MnDoT at Developer’s expense. The plans and speci­ <br />fications shall be revised as necessary to meet any reasonable demands by MnDoT, such as <br />extension of the public road to reach the Otten Parcel as well as the Service 800 Parcel. <br />b. Within four months after MnDoT issues the public road permit, Developer shall <br />install the public road at Developer’s expense and shall dedicate it to the City of tong <br />take Orono The City of Lon« Lake Orono shall accept the dedication, if the road <br />complies with the requirements of this Road Agreement and the requirenvents of NLiDoT. <br />The designation of the road as public and the acceptance of the dedication of the road <br />shall not change the maintenance and repair obligations set forth in paragraph 6 below. <br />c. Promptly after the public road has been built and dedicated to the City of Long <br />Lake; the Ci^ of Long Lake Orono. it shall apply to MnDoT for “turnback” of the