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10. <br /> <br />11. <br /> <br />described therein for purposes of laying out and <br />constructing 153rd Avenue. <br />Riqht of First Refusal. Upon execution of this <br />Settlement Agreement, WMMI shall execute and deliver to <br />the City the right of first refusal attached hereto as <br />Attachment 4 and by this reference made a part hereof. <br />Proposed Roadway. WMMI shall, within sixty (60) days <br />following the date of the execution of this Agreement, <br />convey to t~e City good and marketable fee title to an <br />80 foot wide road right-of-way approximately 2,300 feet <br />long and consisting of approximately 4.3 acres within the <br />parcel of real property described in Attachment 5 <br />attached hereto and by this reference made a part hereof. <br />The actual alignment shall be designated by the City and <br />be subject to approval by WMMIo WMMI shall coordinate <br />the final alignment and grades with the City Engineer to <br />minimize impacts on wetlands and to comply with <br />applicable wetland regulations. WMMI also agrees to <br />dedicate to the city by way of an easement a parcel of <br /> <br />land, not to exceed 2 <br />mitigate the affect of <br />through the wetlands. <br /> <br />acres in size, necessary to <br />the building of the roadway <br /> <br /> Any costs associated with <br /> <br />identifying, surveying and /or dedicating said easement, <br />and/or in performing said mitigation, shall be the sole <br />responsibility of the City. WMMI shall, following the <br />conveyance of the road right-of-way and prior to December <br /> <br />8 <br /> <br /> <br />