1g TH 41 Trail Limited Use PermCITYOF
CHANHASSEN
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Cha~ass{}n MN 5531
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MEMORANDUM
TO:
FROM:
DATE:
Todd Gerhardt, City Manager
Todd Hoffman, Park and Recreation Director
August 4, 2004
SUB J:
Resolution Supporting Application for Limited Use Permit for
Construction of a Trail Adjacent to TH 41 from West 78th Street to
a Point 550 feet South of Longacres Drive. City Project
No. RA-649
This project has been approved by the City Council with bids being awarded this
past month. The project requires a limited use permit from the State of
Minnesota. The Minnesota Department of Transportation has completed their
review of the project plans and specifications, noting that the final document they
need is the aforementioned resolution from the City Council. I anticipate
construction will commence shortly after submittal of this resolution.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution
supporting the application for a limited use permit (LUP) from the Minnesota
Department of Transportation for City Project RA-649. Approval requires a
simple majority vote of those City Council members present.
G:\park\th\limitcd use permit
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STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
County of Carver
City of Chanhassen
TH 41 Trail from West 78th Street
to a Point 500 feet South of
Longacres Drive
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 recreation trail, (hereinafter called trail), within the fight-of-way of Trunk
Highway No. 41 as shown 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.
o
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 fight-of-way.
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 Permittee to call the Gopher State One Call System at
1-800-252-1166 at least 48 hours prior to performing any excavation.
o
10.
11.
12.
13.
14.
15.
16.
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 to the trail, the Permittee shall restore all disturbed
slopes and ditches in such a 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 ninety (90) days written
notice of such intent. Upon said notice of cancellation the trail shall be removed within
ninety (90) days by the Permittee. Upon cancellation of said permit, or any portion
thereof, the Permittee 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.
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
2
highway right-of-way over which this permit is granted, so at to maintain safety of both
the motoring public and trail users.
17. No assignment of this permit is allowed.
18.
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.
19.
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.
20.
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.
21.
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.
22.
The PmTnittee (for itself, its contractors, subcontractors, its materialmen, 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, materialmen 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.
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.
EXHIDIT
?
CHANHASSEN, MINNESOTA
2004 HIGHWAY 41 TRAIL PROJECT
LOCATION PLAN
/j~ Bones~roo
Rosene
Anderlik &
'~ Associa~es
Engineers & Architects
St. Paul Office
2335 West Highway 36 AND [itAT I AM
St. Paul, MN 55113 PRiNt NAME
Phone: 651-636-4600
Fax: 651-636-1311