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CITYof ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 4 1 o <br />permitting access over the triangular parcel of land owned by MnDOT across <br />from the intersection of Brimhall Avenue and Highway 12. Any direct access <br />to Highway 12 which is not directly opposite Brimhall Avenue will not be <br />allowed. <br />2. The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is <br />approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway <br />12 at Brimhall Avenue is approved on an interim basis. At such time as a <br />frontage road is installed to provide alternative access to Lot 1, the City shall <br />have the right to terminate the right-in/right-out access at Brimhall Avenue upon <br />payment of just compensation and the right to terminate the left-in/left-out access <br />at Brimhall Avenue 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 served by the frontage road are similarly terminated. <br />3. The City reserves the right to control access to Lot 1 from the Wear property <br />directly east of Lot 1 in the commercial site plan review process. Applicant <br />shall, if ^ound necessary' by the City, place barriers 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 feasibility of the frontage <br />road improvement. The Council will require at the time of final platting security <br />in the form of a cash escrow, letter of credit or other form of security acceptable <br />to the City. <br />5. Applicant shall grant the City a drainage, utility and trail easement over Outlot <br />D. <br />6. A triangular segment of right-of-way shall be platted as Outlot A. SUG.^R <br />WOODS 2ND ADDITION, per Exhibit A attached, and apolicant shall grant to <br />the City road, trail, drainage and utilities easements over said Outlot A. <br />Page 7 of 10