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March 13, 1997 <br />Page 4 <br />#2212 Rebers - Preliminary Subdivision <br />intersections at Brown Road or Willow Drive. The 1987 Comprehensive Plan Amendment <br />recommended a service road to the rear of the commercial property along Highway 12, linking <br />Brown and Willow, with a possible connection to Highway 12 across from Brimhall Avenue. <br />Outlot D of Sugar Woods was created to provide a segment of that corridor. Shortly thereafter, <br />when East Willow Woods was platted, a 60 ’ outlot corridor (Outlot C) was continued westward <br />from Outlot D to Willow Drive (see Exhibit B). <br />Approval Condition #4 of Sugar Woods final plat approval Resolution No. 2653 (Exhibit J) <br />indicates that a road will be developed within Outlot D at the time of the development of <br />Outlots E or F or the development of the Wear property, unless the City has obtained an <br />alternate legal access through Outlot E to the Wear property. The preliminary plat approval <br />Resolution No. 2554 also indicates that the access road will be fully installed at the time of <br />either the applicant’s development of the commercial corridor or as a result of "any other <br />condition that may require the installation of the road prior to applicant’s development of the <br />commercial corridor". <br />These two conditions of approval, then, indicate that installation of a road segment in Outlot <br />D must 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 <br />Woods frontage road segments when each was platted, although both road outlots remain in <br />ownership of the respective developers. The City has the right to build a road within Outlots <br />C and D subject to specific conditions of the easements (see Exhibits G and H) which appear <br />to complicate matters. The City’s ability to construct a road within Outlot C East Willow- <br />Woods may be somewhat limited. That easement states that no road shall be constructed until: <br />1. The ow-ner of Outlot C, East Willow Woods, requests that it be built; or <br />2.Until such time that an east'west frontage road is constructed from <br />Willow Drive all the way to Brown Road with southerly extensions from <br />Sugar Woods to Highway 12 and another southerly extension southward <br />to line up with Brimhall Lane; or <br />3.Upon rezoning of the two residential properties north of East Willow <br />Woods, to commercial; or <br />4.Upon development of Otten’s easterly parcel as a separate entity from the <br />currently developed westerly parcel, unless the City determines that the <br />easterly parcel doesn’t need such access.