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8/4/03wcg(PWD)jwd property line of Diamond Lake Subdivision sufficient to meet COUNTY' S minimum right-of--way width of 60 feet. The lands to be conveyed are depicted on the approved Preliminary Plat attached as Exhibit B and incorporated by reference herein. The property shall be conveyed by deed at the request of the COUNTY, but not later than June 30, 2004 . 3 . COUNTY desires to purchase an additional 30 feet of right-of-way to meet ultimate right- of-way needs for 13th Street SW. DEVELOPER agrees to sell and COUNTY agrees to purchase from DEVELOPER all right-of--way necessary to be obtained to meet the ultimate right-of--way needs not included in item 2 above . The purchase price for additional right-of-way acquisition for 13 `h Street SW shall be equal to the acreage to be purchased by COUNTY multiplied by DEVELOPER' S actual per acre acquisition cost of $25 , 000 per acre ( . 47 ac . @ $25 , 000 = approximately $ 11 , 750) . The additional right of way land to be conveyed is depicted on the approved Preliminary Plat attached as Exhibit C and incorporated by reference herein. The property shall be conveyed at the request of the COUNTY, but not later than June 30, 2004 . 4 . Prior to the issuance of the first Certificate of Completion for Diamond Lake Phase I Land Development Permit, the DEVELOPER shall design and obtain all necessary permits to construct 13 `I' Street SW as a two-lane road with 4' paved shoulders, from the easterly side of Diamond Lake Subdivision to the westerly side of Diamond Lake Subdivision, a total distance of 675+/- linear feet as depicted on Exhibit D and incorporated by reference herein. The COUNTY shall notify the DEVELOPER 30 days prior to the actual commencement of construction of the roadway and the DEVELOPER shall escrow to COUNTY, the cost of paving, which is $72 ,750 , which is exclusive of the cost of asphalt and striping . Said funds shall be deposited within fourteen days of notice . The County agrees to bear the cost of the asphalt and striping (approx . $ 15 ,000) . A County right-of-way permit shall be obtained by DEVELOPER prior to construction commencing . 5 . DEVELOPER has approximately 1 . 13 AC-FT of excess storage provided in its Stormwater Management Wet Detention Systems . This volume is the amount of storage that would be required to construct approximately 4 , 000 l . f. of two-lane roadway with a pedestrian path along one side of 13 `h Street SW from 58h Avenue east to the terminus of the existing paving in the vicinity of " The Groves" subdivision. DEVELOPER shall CADocuments and Settings\Ryan Davis\L.ocal Settingffemporary Internet Files\OLKC\Diamond Lake SD-Dev Agrl .doc