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FROM FAEGRE & BENSON (MON) 4.19'90 12:33/ST. 12;5l/K0.436505SS4o P 5 <br />EXHIBITD <br />FSSOLtrnON NO. 3902 r <br />TRAIL AGREEMENT <br />CITY OF ORONO <br />HENNEPIN COUNTY, MINNESOTA <br />THIS AGREEMENT, malt tni entered into Ihia day of — . 1997, <br />by md bebmen the City of Orono, a municipal coiporatioa organized unde^h^ laws of ^ State <br />of Minnesota Q^ereinaiter called *City*') and Spring Hill Golf Club, a Minnesota nonpro5t <br />eorpexadon, itsheizs, auceesaors and assigns, (hereinafter called "Spring Hill") <br />. TVITNESSEIH: <br />WHEWAS, Spring Hill has made q)plication to the City Council for approval of the <br />construction and operation of a golf course; and <br />YiHER£AS»tbe City Council has granted ^iproval for such development on the condition <br />dist Spring Ifill will pro^de easements and construction activities and centralize certain costs <br />for the City’s trail system on the perimeter of the Spring Hill property. <br />NOW THEREFORE, in consideration of the premises, and of one dollar and other good <br />valuable consideration, it is hereby agreed as follows: <br />1. Spring!^ will deed to die City for stominal consideration an easement to extend the <br />Cit/s right-of-way qiproximately ten feet north of its existing right-of-way along Spring ICU Road <br />ftom East L^ lake Road to County Road 6, and ten feet east of the right-of-way of Tamaraclc <br />Drive fiom County Road 6 to the City line. In some cases, more than ten feet will be required. The <br />predse e)q)anrion of the right-of way will vary deperxling on the topography and may in some cases <br />exceed of be leas than ten feet. Any modification of the ten feet easement referred to in this <br />paragr^h is subject to mutual agreement of the City and Spring Hill. <br />2. Orono will design a trail system within the City right-of-way, as expanded, which <br />trail system to the extent it b on the ri^t-of-way donated by Spring HIU will be subject to the <br />reasonable approval of Spring Hill. It is the intent of the parties that the proposed trail provide a <br />scenic off-Toad pedestrian and cross-country sict trail vritb minimum impact i^n Golf Club and <br />without hazardous conditions for the trail users. <br />Page 1 of3