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- M <br />approval from the Community Development Director, the <br />developer may commence clearing, grubbing and grading the site <br />and installing utilities such as the storm water system, water <br />and wastewater, electric, telephone and the like <br />notwithstanding the fact that the site plan has not been <br />released. The activities described herein shall be limited <br />to the area for which site plan approval and development <br />permits have been granted." <br />CONDITION 35: DAY CARE <br />On the sixth line from the bottom of paragraph 35*change "within <br />two years" to "within three years". <br />CONDITION 38: TRANSPORTATION <br />:38.a to be modified to read: <br />"The developer hereby agrees to set back any and all development <br />from the project's western boundary a distance sufficient to <br />:accommodate a landscape strip (minimum width of 101) and a future <br />dedication of a strip of right-of-way (from 26th Street to S.R. <br />60) wide enough to accommodate the ultimate 66th Avenue road <br />improvement section. Said right-of-way strip shall be dedicated <br />without compensation to the County upon notification to the <br />developer by the County that the dedication is needed to <br />accommodate the expansion of 66th Avenue or the provision of other <br />improvements. The right-of-way strip and landscape strip shall be <br />depicted on all site plans covering this area." <br />ADD CONDITION 49, TRANSPORTATION <br />New Condition 49 to read: <br />"The County recognizes that in order for the developer to meet the <br />requirements of the transportation section of this Development <br />Order it may be necessary for the developer to acquire road right- <br />of-way which is currently under private ownership. Upon written <br />request by developer, County agrees to file a petition in eminent <br />domain as is necessary to exercise its power of eminent domain to <br />acquire such right=of-way, subject to court approval of proper <br />public purpose and public necessity. Should a court enter an order <br />finding no public purpose or public necessity,. and the <br />transportation conditions contained herein cannot be satisfied, the <br />developer must 'file for' and -obtain *modification(s)- to the <br />development order if the project or a modified project is to <br />proceed. All' -costs associated with the County's exercise of its <br />power of eminent domain or its attempt ..to exercise .its power of <br />eminent domain, including compensation to land owners, shall. be <br />borne by the developer. <br />old 51, new 52 <br />1152." INTEGRATION WITH ADJACENT AREAS AND USES <br />a. In order to minimize trips on the adjacent roadway <br />network, vehicular and pedestrian access improvements <br />shall be planned, and accommodated to connect the <br />internal regional mall facility traffic circulation <br />network to the "unplanned DRI area" and "not included <br />parcel" shown on Exhibit G. Said connections shall be <br />considered to be required improvements that shall be <br />constructed as the "unplanned DRI area" and "not <br />included" parcel (see Exhibit G) are developed or re- <br />developed. <br />EP 2 5 1990 59 BOOK 01Fa,EK 7k <br />