04-12-1999 Council Packet - Laserfiche WebLink

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ROM LEONARD. STREET AND DEINARD IFRI) 4. 9’55 9:S4/'ST. 9:SS NO. 42604SS235 F of Minnesota ’s highway easement. There shall be a north-south right-of-way and an east- west nght-of-way. The north-south right-of-way shall be 70 feet wide and its centerline shall be the northeasterly CYtension of the centerline of Brimhall Avenue, os planed m LO.NC LAKE COM^ffiRCIAI.-INDUSTRlAL PARK. The east-west right-of-wav shall be that purl of the Brimhall Triangle lying within 150 feet of the south right-of-way lirie of U.S. Trunk Highway 12 as shown on the plat of LONG LAKE COMi\fERCL\L-INI)US 1 Rl.AL P.ARK V^ithin the north-souA right-of-way, the City’.s easement shall be tor a public road and public utilities. A'ithin the east-west right-of-way, c,\eept its intersection with ihc north-south right-of-way, the City’s easement shall be for public utilities only. See the sketch of Option 1 attached as Exhibit E. e. Otten hereby grants to Developer a perpetual, nonexclusive easement tltrough the Brimhall Triangle for a private road and private utilities. The easement shall become effective if and when Otten acquires fee simple title to the Drimhall Triangle free of the State ol Minnesota s highway easement. The easement area is the 70-foot vvidc right-of-way described in the preceding subparagraph and that portion of the Bnmhall Triangle lying easterly of that 70-foot wide right-of-way. See the sketch of Option 1 attached as Exhibit E. f Within four months after the Option 1 easements become effective, Developer shall build its private road as shown on Exhibit B at Developer ’s c.xpcnsc and the City of Orono shall vacate the 10-foot wide utility and drainage casement along the south line oflhe Otten Parcel. 3. Option 2 — Turnback of Brimhall Triangle. If Otten does not acquire fee simple title to the Brimhall Triangle by Mard(^ 1999. or if MnDoT docs not approve reconveyance of the Brimhall Triangle to Otten by 1999,\hen permanent access between the Service 800 Parcel and Wayzata Boulevard shall b^tticquired as follows: ^ _ ' \ I a. The City of Orono shall apply to MnDoT for a permit to install a public lOiid in the Brimhall Triangle as shown on Exhibit C. Developer shall provide all plans and specifications required by MnDoT at Developer ’s e.xpense. The plans and specificdlions shall be revised as necessary to meet any reasonable de. iands by MnDoT. such as extension of the public road to reach the Otten Parcel as well as the Serv'ice 800 Pared. b. Within four months after MnDoT issues the public road permit. Developer shall install the public road at Developer ’s expense and shall dedicate it to the City of Orono. The City of Orono shall accept the dedication, if the road complies with the requirements of this Road Agreement and the requirements of MnDoT. The designation otThe road as public and the acceptance of the dedication of the road shall not change the maintenance and repair obligations set forth in paragraph 6 below. c.Promptly after the public road has been built and dedicated to the City of Orono. it shall apply to MnDoT for **tumback ” of the Brimhall Triatigic, in other words, assignment of the State of Minnesota ’s highway easement over the Brimhall Triangle to the City ofOrono. d. 'fhe parties are aware that, while MnDoT has authority to “tum back ” the highw ay casement to the City of Orono, MnDoT would prefer to ’‘turn hack ” the highway easement n«?j:9,04 3