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9. <br />10. <br />II. <br />the northwest comer of Outlot F. The intent was that at some future time when <br />Outlot F is developed, the remaining frontage road segment eastward to Brown <br />Road would be defined and platted <br />On December 12, 1988, the Orono City Council adopted Resolution No. 2554 <br />granting preliminary plat approval, conditional use permit and variances for the <br />plat of SUGAR WOODS. Page 8, paragraph 4.E stated that the subdivider's <br />agreement should: <br />"Clarify that Outlot D (portion of future east/west road) is to be fully <br />developed at the time of future development of the commercial <br />corridor. The access road will be fully installed at the time of either the <br />applicant's development of the commercial corridor or as a result of any <br />other condition that may require the installation of the road prior to <br />applicant's development of the commercial corridor." <br />The foregoing language was not put in the subdivider's agreement, but it was put <br />in the resolution granting final plat approval. On July 10, 1989. the City Council <br />adopted Resolution No.2653 approving the final plat of SUGAR WOODS. Page <br />4, paragraph 4 stated: <br />"4. Outlot D. a portion of future east/west road located within the <br />commercial zoned portion of the property, shall be installed at the time <br />of the development of Outlots E or F or the development of the Wear <br />property (unless the City has obtained an alternate legal access through <br />Outlot E to the Wear property all subject to the approval of the City)." <br />Pursuant to the terms of the preliminary plat resolution and final plat resolution, <br />on September 8, 1989, Rebers Construction Co. and Sidney and Barbara Rebers <br />granted public roadway easements over Outlot D to the City of Orono. Said <br />ea.sements were filed with the Hemiepin County registrar of Titles as Document <br />Nos. 2038791 and 2038792. <br />Page 3 of 9