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CITYof ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. . 3 a 7.2____ <br />20. An y development proposed within proposed Lot 1 will be subject to a <br />commercial site plan review process before the Planning Commission and City <br />Council. <br />NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of <br />the findings noted above, the City Council of the City of Orono hereby approves the <br />prel iminary plat application of Sidney and Barbara Rebers p>er plat drawings by Wayne D. <br />Cordes, a licensed surveyor employed by BRW, Inc. dated March 4, 1997, for the conversion <br />of the Property into Lot 1, Block 1, and Outlot A, SUGAR WOODS 2ND ADDITION, subject <br />to the following conditions: <br />1. <br />2. <br />3. <br />Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants <br />are successful in relocating their existing access to Highw'ay 12, by obtaining an <br />access permit from the Minnesota Department of Transportation (MnDOT) <br />permitting access over the triangular parcel of land owned by MnDOT across <br />from the intersection of Biimhall Avenue and Highway 12. Any direct access <br />to Highway 12 which is not directly opposite Brimhall Avenue will not be <br />allowed. <br />The right-in/right-out access of Lot 1 to Highway 12 at Brinhall Avenue is <br />approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway <br />12 at Brimhall Avenue is approved on an interim basis. At such time as a <br />frontage road is installed to provide alternative access to Lot 1, the City shall <br />have the right to terminate the right-in/right-out access at Brimhall Avenue upon <br />payment of just compensation and the right to terminate the left-in/left-out access <br />at Brimhall Avenue without payment of any compensation; provided that Lot Ts <br />access to Highway 12 will not be terminated unless the Highway 12 accesses of <br />the other parcels served by the frontage road are similarly terminated. <br />The City reserves the right to control access to Lot 1 from the Wear property <br />directly east of of Lot 1 in the commercial site plan review process. Applicant <br />Page 6 of9