02-08-1999 Council Packet - Laserfiche WebLink

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PROM LEONARD. STREET AND DEINARD (FRl) 2. 5’99 14:42-ST. 14:33 NO.42604SS259 F 6 Brimhall Triangle, in other words, assignment of the State of Minnesota’s highway easement over the Briiniiall Triangle to the City ofLoag-Loke. Orono. A .Prfmiptly tki> h^f-Knon **rurna<t hftclr” d. The parties are aware that, while MnT)oT has au****^*'^^ “#nrn hark” the hiphwnv easeii City of Long Lake, became tht»Hrimh«ll Triangle is in the city limits of Long Lake. Therefore, the nartie< witi a<ik the City of Long Lake shaU to plav the role nf the rit\ assign all of its rights and obligations in the Brimhall Triangle to the City of Orono promptly after MnDoT *Turns back** the highway easement to the City of Long Lake 4. Option 3 — Fallback Option. If neither Option 1 nor Option 2 is ftUly implemented by February 1, 2000, then permanent access to the Service 800 Parcel shall be provided through the Brunhall Triangle and the Otten Parcel as shown on Exhibit D as follows: a. Developer and Otten shall jointly apply to NtnDoT for a permit to install a private road in the Brimhall Triangle as shown on Exhibit D. Developer shall provide all plans and specifications required by MnDoT at Developer’s expense. The plans and specitications shall be revised as necessary to meet any reasonable demands by MiiDol b. Otten hereby grants to Developer a perpetual, nonexclusive easement through the Otten Parcel for a private road and private utilities. The easement shall become cftcctive on February 1, 2000. if by that date neither Optiuu 1 uoi Option 2 is fully imptemented. The easement area is a 30-foot wide right-of-way. The centerline of the right-of-way begins at Point A, continues to Point B and terminates at Point C, as sbowti on Exhibit D. Point A is the intersection of the northeasterly extension of Brimhall Avenue with tlie south line of the Otten Parcel 65 to 70 feet west of the southeast comer of the Ouen r'arcel. Point B is 35 feet south of and 55 feet west of the northeast corner of the Otten Parcel, measured parallel with and perpendicular to the east line of the Otten Parcel. Point C is on the cast linr. of the Otten Parcel and 35 feet south of the northeast corner of the Ouen Parcel. c.Within four months after MnDoT issues the private road permit. Developer shall install the private road through the Brimhall Triangle and the Otten Parcel as shown on Exhibit D at Developer’s expense. d. If Developer fails to install its access road as shown on Exhibit D by June 1, 2000, then the City of Orono shall install or complete the access road and charge all costs to Developer. As security for Developer’s obligation to reimburse the C ity ot Orono, Developer shall provide the City of Orono with an irrevocable letter of credit in the amount ofS S20.000. The form of tlie letter of credit must be acceptable 174751902