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2012-07 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 13, 2012 RESOLUTION NO: 2012 -07 MOTION BY: Ernst SECONDED BY: McDonald APPROVE RESOLUTION FOR A LIMITED USE PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN A PEDESTRIAN TRAIL WITHIN THE RIGHT -OF -WAY OF TH 41 BETWEEN MINNETONKA MIDDLE SCHOOL WEST AND CHASKA ROAD, INCLUDING AN AT -GRADE CROSSING OF TH 41 IMMEDIATELY SOUTH OF CHASKA ROAD PROJECT NO. PK &T -110 WHEREAS, the City of Chanhassen is a political subdivision, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Chanhassen has approved a plan to construct a pedestrian trail in the right -of -way of Trunk Highway 41 between Minnetonka Middle School West and Chaska Road, including an at -grade pedestrian crossing of TH 41 immediately south of Chaska Road; and WHEREAS, the State of Minnesota Department of Transportation (MnDOT) requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. Hereby enters into a Limited Use Permit with MnDOT to construct, operate, and maintain a pedestrian trail within the right -of -way of Trunk Highway 41 of the State of Minnesota. The City of Chanhassen shall construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by MnDOT. 2. Hereby executes the Limited User Permit and any amendments to the permit. Passed and adopted by the Chanhassen City Council this 13 day of February, 2012. ATTEST a 7 Tod. Gerhardt, ' • " anager Thomas A. Furlong, Mayor YES NO ABSENT Furlong Ernst Laufenburger McDonald Tjornhom