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April 10, 1997 <br />Page 4 <br />#2212 Rebers - Preliminary Subdivision <br />The City’s preferred access solution for Outlot E is development of the planned frontage road, <br />bringing all traffic to the semaphored intersection at Willow Drive and eventually to the future <br />semaphored Brown Road intersection. <br />1989 Sugar Woods Approval Conditions <br />Approval Condition H of Sugar Woods final plat approval Resolution No. 2653 (Exhibit J) indicates <br />that a road will be de\ . .i jped within Outlot D at the time of the development of Outlots E or F or the <br />development of the Wear property, unless the City has obtained an alternate legal access through <br />Outlot E to the Wear property. The preliminary plat approval Resolution No. 2554 also indicates <br />that the access road will be fully installed at the time of either the applicant’s development of the <br />commercial corridor or as a result of ’’any other condition that may require the installation of the <br />road prior to applicant’s development of the commercial corridor". <br />These two conditions of approval, then, indicate that installation of a road segment in Outlot D must <br />be concurrent with development of Outlot E. <br />Easement Limitations <br />The City was granted road and utility easements over the East Willow Woods and Sugar Woods <br />frontage road segments when each was platted, although both road outlots remain in ownership of <br />the respective developers. The City has the right to build a road within Outlots C and D subject to <br />specific limiting conditions of the easements (sec Exhibits G and H) which appear to complicate <br />matters. The City’s easement for Outlot C East Willow Woods states that no road shall be <br />constructed until: <br />1. <br />2. <br />The owner of Outlot C, East Willow Woods, requests that it be built; or <br />Until such time that an east/west frontage road is constructed from Willow Drive all <br />the way to BrowTi Road with southerly extensions from Sugar Woods to Highway 12 <br />and another southerly extension southward to line up with Brimhall Lane; or <br />3.Upon rezoning of the two residential properties north of East Willow Woods, to <br />commercial; or <br />4.Upon development of Otten’s easterly parcel as a separate entity from the currently <br />developed w'esterly parcel, unless the City determines that the easterly parcel doesn’t <br />need such access. <br />The City’s easement over Outlot D of Sugar Woods states that the City can’t install a road in Outlot <br />D until a building pemiit has been issued for Outlot E (in which case only a segment directly behind <br />I i^m rJM-■ ■ MiT*!• I I llllUl >11 ■ ■ 11 >J