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property described as the "Right of Way Parcel" on Exhibit A. (Parcel <br />102 containing 3.75 acres or 163,552 square feet +/-) <br />3. The Petitioner agrees to construct a driveway from 66th Ave onto Parcel 102 <br />at a 6% slope (with a 36' width where the driveway connects to 66th <br />Avenue and at least 14' width at the right of way line) during the planned <br />66th Avenue roadway widening project (hereafter the Road Project). <br />Depending on the engineering requirements, the driveway may extend into <br />Parcel 102, in which case Defendant agrees to give Petitioner a temporary <br />construction easement or right of entry to construct the driveway. The <br />driveway will be concrete to the right of way line and will be located at the <br />median cut described below. <br />4. The Petitioner agrees that a median cut will be installed during the Road <br />Project and that the median cut will be centered on the property boundary <br />between Parcel 102 and the next property to the south. Further, the <br />Petitioner agrees to install a left turn lane at this median cut for northbound <br />66th Ave traffic. <br />5. The Petitioner agrees that it has no objection to Respondent installing a <br />code compliant culvert and driveway along 61st Street, however the parties <br />agree that such culvert is subject to approval by the water management <br />district with jurisdiction. The Petitioner will provide the driveway curb cut <br />for this driveway as shown on the Petitioners plans. <br />6. Within 30 days after the closing the Petitioner will stake the new right of <br />way line and the driveway located on 61st street. <br />7. This entire Agreement is subject to and contingent upon approval by the <br />