LUP - Approved 10-5-18fr- }l8-o)-
ml DEPARTMENT OF
T RAN S PO RTAT I ON
October 5, 20 18
George Bender, P. E.
Assistant City Engineer
City of Chanhassen
7700 Market Blvd
Chanhassen, MN 55317
RE: C.S. 2701 (T.H. 5)
c.s. 1oo2 (T H 5)
LUP # 1002-0032
Dear Mr. Bender:
Enclosed is a final executed original of the Limited Use Permit (LUP) for a Non-Motorized
Recreational Trail. The final executed copy is for your permanent record.
Prior to the performance of work an application for Miscellaneous Work on Trunk Highway Right
of Way will be obtained through the Mn/DOT District Permit Office.
lf you have any questions feel free to call me at 651-234-7585.
Since
Metro District Right of Way
''1500 W. County Road 82
Roseville, MN 551 13
rely,
Dan E. Phelps
Engineering Specialist
Enclosures
File
Office Tel: 651 -234-7 5OO
Fax: 651-234-7708
E -mail: Dan. Phelps@state.mn. us
CITY OF CHAN!
EECrr 'u -:
9cT | 2 20t8
ENGF{EEEtrr-G DEpT
1OCI
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AMENDMENT OF LIMITED USE PERMIT
#1
c.s.2701 cr.H. 5)
c.s. 1002 (T.H. 5)
Counties of Carver, Hennepin
LUP # 't002-0032
Permittee: City of Chanhassen
Term inates : 1 2124 12025
'Area" means the area within the Right of Way as otherwise defined the LUP.
"Additional Area' means the area outlined in yellow on the attached Exhibit A amendment 1 (9 of
10) and (10 of 10).
"Facility" is hereby amended to include the nonmotorized trail to be constructed on the Additional
Area (9 of 10) and the existing nonmotorized trail previously constructed on the Area (10 of 10).
'Term' for the Additional Area means that period of time commencing on March 23, 2018 and
terminating on the same date that the LUP terminates, December 24,2025.
All other words and phrases, unless otherwise defined herein, have the meanings attributed to
them in the LUP.
ENGIN
The State of Minnesota, Department of Transportation ("MnDOT") and the City of Chanhassen
('Permittee"), entered into Limited Use Permit No.1002-0032 ("LUP") involving the construction,
maintenance and operation of a Facility as further described in the LUP.
The parties desire to expand the existing trail with additional pages to the Exhibit A and update the
existing provisions of the LUP, and the parties deem certain amendments terms and conditions
mutually beneficial for effective continuation of said LUP.
NOW THEREFORE
MnDOT and Permittee agree as follows:
(a)
(b)
(c)
(d)
(e)
MnDOT hereby permits the Additional Area to Permittee, and Permittee accepts the permit of the Additional
Area to have and to hold during the Term, on the same terms and conditions as are contained in the LUP,
except as herein otherwise provided, and excepting the following:
1 . Effeclive on March 23,2018, MnDOT agrees to permit Permittee to construct, maintain and
operate the Additional Area for an expansion of the nonmotorized trail in accordance with
SPECIAL PROVISIONS ltem 3. CONSTRUCTION of the LUP.
LuP-Amendment LUP Form Page'l of 3 LU'1013 6/'t4l2018
2018
1. ln this Amendment of Limited Use Permit:
o(J20
2. Effective on March 23,2018 ExhibitA amendment 1(9of 10) and (10 of 10) are added to the
Exhibit A set forth in the LUP.
3. Effective on March 23,2018, the Special Provision ltem 'l . TERM will have the following
paragraph added:
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any ofthe claims released in this paragraph.
4. Effective on March 23, 2018, the SPECIAL PROVISIONS ltem 6. will have the following
paragraph added:
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations
issued by any federal, state or local political subdivision having jurisdiction and authority in
connection with said Area including the Americans with Disabilities Act ("ADA"). lf the Area
and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter
the Area and perform such obligation without liability to Permittee for any loss or damage to
Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus
10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's
invoice.
5. Effective on March 23,2018, THE SPECIAL PROVISIONS ltem 7. CIVIL RIGHTS paragraph will
be replaced with:
CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited
Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for
another purpose involving the provision of similar services or benefits, the Permittee will
maintain and operate such improvements and services in compliance with all requirements
imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted
programs of the United States Department of Transportation, Federal Highway
Administration, (as may be amended) such that no person on the grounds of race, color,
national origin, sex, age, disability, income-level, or limited English proficiency will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said improvements.
6. Except as specifically provided herein, the terms and conditions of the LUP are confirmed and
continued in full force and effect. By this Amendment of Limited Use Permit #1 the additional
Exhibit A pages 9 and 10, and the terms and conditions herein are incorporated into the LUP.
LUP -Amendment LUP Form Page 2 of 3 LU10136t14t2018
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
By:
District Engineer
Date b
APPROVED BY:
COMMISSIONER OF TRANSP
By:
PERMITTEE
CITY OF CHANHASSEN
Sig re
[:H;\""^. r L.o..i#rh,,q.r--T.,
Title MayoL ,/
Date G -ao -[t'
J
N
Signa
Date b
Di
ocT t 2 2018
ENGII{EEEING DEP
anagement
i:*"nal (,.r[,ordt
Title _City Manage
Date (o -zo't$
r
Signature
Print
Name
Title
Date
of La
o
LUP - Amendment LUP Fom Page 3 of 3 1U1013 6/1412018
CITY OF CHANHASSEN
CARVER AND HENI{EPIN COUNTIES, MIIYIIESOTA
DATE:14,2015 RESOLUTIONNO:2015-79B
MOTION BY: Tiornhom SECONDED BY: McDonald
RESOLUTION APPROVING A LIMITED USE PERMIT WITH THE
STATE OF MINI\ESOTA DEPARTMENT OF TRANSPORTATION
FOR A PEDESTRHN TRAIL IN TIIE RIGHT. OF-WAY OF
TH 5 FROM CSAH 17 TO THE CARVER/HEh{NEPIN COUNTY LINE
WHEREAS' the City of Chanhassen is a political subdivision, organized and existing under
the laws of the State of Minnesota; and
WHEREAS, the Chanhassen City Council has approved a plan to construct a pedestrian trail
in the right-of way of TH 5 to promote the orderly and safe crossing of the highway; and
NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
To construct operate and maintain a pedestian tail within the right-of-way ofTH 5
from CSAH l7 to the Carver/Flennepin County Line of the State of Minnesota. The
City of Chanhassen shall consfiuct, operate and maintain said tail in accordance with
the Limited Use Permit granted by the Minnesota Departrnent of Transportation.
NOW, TIDREFORE, BE IT FLIRTHER RESOLVED, that the Mayor and City Manager
are authorized to execute the Limited Use Permit and any amendments to the Permit.
Passed and adopted by the Chanhassen City Council this 146 day ofDecember,2015.
dd Gerhardt, City Manager Denny La
YES
1
Laufenburger
Campion
McDonald
Ryan
Tjomhom
NO
None
ABSENT
None
r
c
EXHIBIT B
WHEREAS, the State of Minnesota Deparunent of Transportation rcquiies a Limited Use
Permit for the construction and utilization of said pedesfian tail.
The City Council hereby enters into a Limited Use Pemrit with the State of Minnesota
Deparfinent ofTransportation for the following purposes:
CERTIFICATION
STATE OF MINNESOTA )
)ss
cotrNTY oF cARvER )
I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of
Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of
Resolution No.2018-34 "Approving an Amendment to the Limited Use Permit #1002-
0032 with the State of Minnesota Department of Transportation for a Panera Bread
Pedestrian Trail Connection in the Right-of-Way of TH 5 Planning Case File No.
2018-02" adopted by the Chanhassen City Council on May 14, 2018 with the original copy
now on file in my office and have found the same to be a true and correct copy thereof.
Witness my hand and offrcial seal at Chanhassen, Minnesota, this 16th day
of May,20l8.
Kim M euwlssen,CI
0cr 1 20 r8
CTTY OF CHANHASSEN
CARVER AIID EENNEPIN COI,]NTIES, MINIYESOTA
Mav 14.l8
MOTION BY: McDonaH SECOITIDED BY:T hom
RESOLUTION APPROVING AN AMENDMENT TOTIIE LIMITED USE
PERMIT #IOO2-0032 WITH THE STATE OF MINNESOTA DEPARTMENT
OF TRANSPORTATION FOR A PANERA BREAD PEDESTRIAN TRAIL
CONNECTION IN THE RIGHT-OF.WAY OF TH 5
PLANMNG CASE FILE NO.2OT8.O2
WHEREAS, the City of Chanhassen is a political suMivision, organized and existing under the laws
of the State of Minnesota; and
WHEREAS, the Chanhassen City Council has approved a plan to consuuct a pedesEian trail in the
right-of way of TH 5 to promote the orderly and safe crossing of the highway; and
YYHER.EAS, Panera Bread would like to make a sidewalUtrail connection to said pedestrian trail in
the right-of-way ofTH 5.
NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen:
The City Council hereby approves Amendment #l to Limited Use Permit #1002-0032 with the State of
Mimesota Departrnent of Transporation for fie following purposes:
To make a sidewalUtrail connection to the pedestrian trail within the right-of-way ofTH 5 for Panera
Bread, Planning Case File No. 201 &02.
NOW, TIIEREFORE, BE IT FLTRTIIER RESOLYED that the Mayor and City Manager arc
authorized to execurc Amendment # I to Limited Us€ Permit # I 002-0032 and any amendments to the Permit.
Passed and adopted by the Chanhassen City Council this 146 day of May, 2018.
ATTEST
-hx-Gerlrardt, City Manager
YES
Denny Ma
Denny Laufenburger
Mcflonald
Ijomhom
Ry*
NO
DATE:RESOLUTIONNO: 201&34
WHEREAS, the Chanhassen City Council approved a resolution approving a Limited Use Permit
(#1ffi2-0032) on December 14,2015 for the construction and utilization ofsaid pedestrian trail; and
I
ABSENT
Campion