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2004-53 e e e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: AU2Ust 9. 2004 RESOLUTION NO: 2004-53 MOTION BY: Labatt SECONDED BY: Lundquist A RESOLUTION APPROVING THE LIMITED USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL ON TH 41 FROM WEST 78TH STREET TO A POINT 500 FEET SOUTH OF LONGACRES DRIVE 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 on Highway 41 from West 78th Street to a point 500 feet south of Longacres Drive as shown on Exhibit A. Passed and adopted by the Chanhassen City Council this 9th day of August 2004. ATTEST: T ~A Thomas A. Furlong, Mayor YES NO ABSENT Furlong Ayotte Labatt Lundquist Peterson None None e STATE OF MINNESOTA DEPARTMENT OF TRANSPORT A TION 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 right-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 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. e 2. 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. 3. 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. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right-of-way. 5. 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. 6. 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. 7. 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. e 1 8. 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. . 9. 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. 10. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11. 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. 12. 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. 13. 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. e 14. 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. 15. 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. 16. 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 e 2 e e e 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 Permittee (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. 3 -" .i e e ~ ;:;J ,. ~ " It EX\-\\OlT A ~ ~ .... i" ~ r- .... !'> >> ~ Ql 8<:,0/.0/ B{/.t1 ~ Ql .... ~ ,. I HERfllY COO'f WIoS PR(PNI[D AN{) THAT I ,.. UNOER THE 1M PRlHT _:_ .r1. Bonestroo ~ Rosene ~ Anderlik & .\J. Associates Engineers &. Architects www.bonestroO.com St. Paul Office 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 SlCNAlIJAE:_ @BOHESTROO. ROSENE. ANOERlIK t ASSOCIATB. IHC. 2003 Il/.TE CHAN HASSEN t MINNESOTA 2004 HIGHWAY 41 TRAIL PROJECT LOCATION PLAN