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� °� � � o 0 �b. - C ITY of ORONO � F '�' RESOWTION OF THE CITY COUNCIL ��9kE H�4�G NO. � �. � � S permitting access over the triangular parcel of land owned by MnDOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall Avenue will not be allowed. 2. The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to provide alternative access to- Lot 1, the City shall have the right to terminate the right-in/right-out access at Brimhall Avenue upon payment of just compensation and the right to terminate the left-in/left-out access at Brimhall Avenue without payment of any compensation; provided that Lot 1's access to Highway 12 will not be terminated unless the Highway 12 accesses of � the other parcels served by the frontage road are similarly terminated. 3. The City reserves the right to control access to Lot 1 from the Wear property directly east of Lot 1 in the commercial site plan review process. Applicant shall, if found necessary by the City, place barriers to prohibit access from the Wear property. 4. Lot 1 shall bear the total reasonable costs of constructing the portion of the � � frontage road directly adjacent to Lot 1. If the frontage road is built, the o�vner of Lot 1 reserves the right to contest the necessity and feasibility of the frontage road improvement. The Council will require at the time of final platting security in the form of a cash escrow, letter of credit or other form of security acceptable to the City. 5. Applicant shall grant the City a drainage, utility and trail easement over Outlot D. 6. A triangular segment of right-of-way shall be platted as Outlot A, SUGAR WOODS 2ND ADDITION, per Exhibit A attached, and applicant shall grant to the City road, trail, drainage and utilities easements over said Outlot A. • Page 7 of 10