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payment of just compensation and the right to terminate the left-in/left-out access <br />at Brimhall A\ enue without payment of any compensation; provided that Lot I's <br />access to Highway 12 will not be terminated unless the Highway 12 accesses of <br />the other parcels ser\ ed by the frontage road are similarly terminated. <br />3. The City reser\es the right to control access to Lot 1 from the Wear property <br />directly east of Lot 1 in the commcru li ite plan review process. Applicant <br />shall, if found necessary by the Cit>. pi. . harriers to prohibit access from the <br />Wear property. <br />4. Lot 1 shall bear the total reasonable costs of constructing the portion of the <br />frontage road directly adjacent to Lot 1. If the frontage road is built, the owner <br />of Lot 1 reserves the right to contest the necessity and feasi*- itv of the frontage <br />road improvement. The su’>dividers and City have executed ' ccial Assessment <br />Agreement to guarantee th .t the owner of Lot 1, Block 1, Sugai . oods 2nd Addition <br />will bear such reasonabl - costs. <br />5. Prior to City release of the plat for filing, applicant shall provide evidence of fee <br />ownership of the property in a form acceptable to the City Attorney, and applicant <br />shall meet any other title requirements as may be required by the City Attorney. <br />6. Applicant shall provide all documents noted in this resolution in a format <br />acceptable to the City Attorney prior to release of the plat for filing. <br />7. The aforesaid plat shall be filed by the City of Orono with either the Hennepin <br />County Recorder's Office or Registrar of Titles Office on or before July 11,1999 <br />together with a certified original copy of this resolution and executed copies of the <br />easements, deeds and covenants noted ubove. <br />The approval granted by this resolution shall expire if the plat has not been filed by the date <br />specified above. In that event, it will be necessary to file a new application with the City of Orono <br />for subdivision review. Dated this 1 1th day of January, 1999. <br />Page 3 of 6