1f. Permit-Non-Motor Rec TrailCITYOF
CHANHASSEN
Box 94,7
Ch~l u;~sscu r~lu 55317
Administration
P ';,ri~ 952 227 ti00
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P! :,r~ ')52','2/l~Sii
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P,"} le 91,2 227 116,3
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Finance
Ps:q' 952
Fa×: 952 227 1!
Park & Recreation
Prate 9,52 227 !120
Fx q5'2 ;'27 1! ~0
Plsre 952 227 1400
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Planning &
Natural Resources
Pnon~ 952 227 1!30
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Public Works
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Senior Center
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Web Site
MEMORANDUM
TO:
FROM:
DATE:
Todd Gerhardt, City Manager
Todd Hoffman, Park and Recreation Director
April 2, 2004
SUBJECT:
Resolution Approving the Limited Use Permit for
Non-Motorized Recreational Trail from CSAH 17 to
Carver/Hennepin County Line.
Recently the Minnesota Department of Transportation discovered that a
limited use permit has not been issued for the "Highway 5" pedestrian trail
located in downtown Chanhassen. This trail segment was constructed over
ten years ago as a part of the Highway 5 upgrade from the Hennepin County
line to Powers Boulevard. The Department of Transportation would tike to
rectify this oversight by completing the LUP process today.
Attached please find a resolution calling for the approval of said limited use
permit. The City Attorney has reviewed the permit and called for a 23rd
condition. That condition being that, "The Permittee's duty to indemnify and
hold harmless set forth in this agreement are subject to the limitations and
immunities in M.S. Chapter 466 which are not waived." This LUP is similar
to those already in place for other city pedestrian trails existing in MnDOT
right-of-way throughout the City.
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the
limited use permit for a non-motorized recreational trail from CSAH 17 to the
Carver/Hennepin County Line.
ACTION REQUIRED:
Approval of this agreement requires a simple majority vote of members
present.
ATTACHMENTS
1. Draft Resolution
c:
Paul Oehme, City Engineer/Public Works
Dale Gregory, Park Superintendent
Mike Wegler, Street Superintendent
The City of Chanhassen · a ,Uo.,,','m8 i3,3. IqiPqL;II ty with cean lakes quahly schools a charming downtown thri~.,ing businesses .¢:uuj ng trails and beatJt!fLJi parks A gear place; [o live work. and p:ay
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING THE LIMITED USE PERMIT FOR NON-MOTORIZED
RECREATIONAL TRAIL FROM CSAH 17 TO CARVER/HENNEPIN COUNTY LINE
BE IT RESOLVED, that the Chanhassen City Council hereby approves the Limited Use
Permit for Non Motorized Recreation Trail, per attached document. This permit is for the purpose
of constructing, maintaining and operating a non-motorized recreation trail from CSAH 17 to
Carver/Hennepin County Line as shown on Exhibit A.
Passed and adopted by the Chanhassen City Council this day o£ April 2004.
ATTEST:
Todd Gerhardt, City Manager
YES
Thomas A. Furlong, Mayor
NO
ABSENT
FEB-26-2004 08:29 MNDOT 6515821496 P.¢2
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
· LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
C.S. 1002
County of Carver
City of Chanhassen
TH 5 Trail from CSAH 17 to
CarverlHennepin County Line
In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as
the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the, City of
Chanhassen, Permittee. This permit is for the purpose of constructing, maintaining and
operating a nonmotorized recreational trail, (hereinafter called trail), within the right of way
of Trunk Highway No. 5 as shown in red on Exhibit "A", which is attached hereto and
incorporated herein by reference. This permit is executed by the Permittee pursuant to the
attached resolution. In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
The construction, maintenance, and supervision of the trail shall be at no expense to the
Minnesota Department of Transportation.
Before construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the District Engineer.
No permanent structure(s) or advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
No commercial activity or activities shall be allowed to operate upon said State of
Minnesota right of way_
Any and all maintenance of the trail shall be provided by the Permittee; this includes,
but is not limited to, the plowing and removal of snow, and the installation and removal
of regulatory signs.
This permit is non-exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
Page 1 of 4
FEB-26-200~ 08:29 MNDOT 6515821~96
10.
11.
12.
13,
14.
The Permittee shall preserve and protect all utilities located on the lands covered by this
permit at no expense to the Minnesota Department of Transportation and it shall be the
responsibility of the Permit'tee to call the Gopher State One Call System
at 1-800-252-1166 at least 48 hours prior to performing any excavation_
Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the highway and shall provide and ensure reasonable and adequate stopping sight
distance.
The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
that the construction geometrics and procedures result in a trail that is compatible with
the safe and efficient operation of the highway facility.
Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the approved plan.
Upon completion of the construction of the trail, the Permit'tee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
This permit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation
purposes. This permit does not grant any interest whatsoever in land, nor does it
establish a permanent park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does
this permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
days written notice of such intent. Upon said notice of cancellation the trail shall be
removed within 90 days by the Permittee. Upon cancellation of said permit, or any
portion thereof, the Permit'tee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer.
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
Page 2 of 4
FEB-26-2004 08:29 MNDOT 6515821496 P.04
15.
16.
17.
18.
19.
20.
21.
22.
The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and/or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety of
both the motoring public and trail users.
No assignment of this permit is allowed.
The Permittee shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations,
at the sole expense of the Permittee.
The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
disease, or loss and expense arising from the operations of the trail or from the use of
the portion of highway right of way over which this permit is granted.
The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or resulting from the temporary or permanent termination of trail user
rights on any portion of highway right of way over which this permit is granted.
The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary or
permanent changes in drainage patterns resulting in flood damages.
The Permittee (for itself, its contractors, subcontractors, its materialman, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall
be filed or maintained by it or by any subcontractor, materialman or other person or
persons acting for, through or under it or any of them against the work and/or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
Page 3 of 4
23.
The Permittee's duty to indemnify and hold harmless set forth in this
agreement are subject to the limitations and immunities in M.S.
chapter 466 which are not waived,
Page 4 of 4
23.
The Permittee's duty to indemnify and hold harmless set forth in this
agreement are subject to the limitations and immunities in M.S. chapter 466
which are not waived.
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF CHANHASSEN
By:
Its
And
Its
Date
By:
District Engineer
Date:
APPROVED BY:
COMMISSIONER OFTRANSPORTATION
By:
Director, Office of Land Management
Date:
The Commissioner of Transportation by the
Execution of this permit certifies that this
Permit is necessary in the public interest and
that the use intended is for public purposes.
Page 4 of 4
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