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09-10-1990 Council Packet
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09-10-1990 Council Packet
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has been yven to the Grantors and/or their successors in interest <br />pursuant W this Paragrapgh 4.A. <br />B. If the event, events or circumstances causing the Gty to consider <br />making Outlot C fully public Involve the comparative cost of <br />making Outlot C and adjacent private roads fully pubUc as opposed <br />to making some odter reasonably suitable access way to land in the <br />vidnlty of Outlot C fully public, or, as opposed to acquiring other <br />reasonably suitable access by condemnation, the Oty agrees that it <br />%irill accept financial assistance from Grantors and/or their <br />successors in Interest if such financial assistance will enable the <br />Gty to obtain reasonably equal or better access to the particular <br />area in question over an access way completely different from <br />Outlot C and adjacent private roads, and will also permit Outlot C <br />and adjacent roads to retain their character as private roads. <br />C The Gty agrees that any vote of its governing body In order to <br />constitute a Full Dedication Event causing Outlot C to become <br />fully public as provided for in this Road and Utilities Agreement, <br />must be a vote of four/fifths of the members of such governing <br />body voting In favor of the proposal to cause Outlot C to become <br />fully public <br />5. Any notice required or permitted hereunder shall be in writing and shall be <br />deemed g^ven when personally delivered by prepaid courier or messenger or when <br />mailed by United Sutes Mail, postage prepaid, re^tcred or certified, to the addresses <br />of each of the parties executing this Agreement, as set forth below, or at such other <br />address given in the same manner as a notice by any such party or their successors, <br />heirs and assigns to any other such party for the purpose of notice. Likewi^, any <br />notice shall be deemed given hereunder when serv^ in the manner provided for <br />the service of a summons in any dvil action in District Court In Hennepin County, <br />Minnesota. The addresses of the parties to this Road and Utilities Easement are as <br />follows; <br />Whitney MacMillan <br />and Elizabeth S. MacMillan <br />c/o Wayorosse, Inc. <br />By Mail: <br />P.O. Box 9300 <br />Dept 28 <br />Minneapolis, MN 55440 <br />By Courier: <br />15616 McGinty Road, <br />Wayzau, MN 55391
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