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Home My WebLink About20091221 - VI-10MEMO To: Honorable Mayor and City Council From: Nick Egger, City Engineer Date: December 9, 2009 Re: Resolution -Trail Limited Use Permit Enclosed for Council approval is a resolution to approve the attached Limited Use Permit (LUP) for the City to have amulti-use trail within MnDOT's right of way. The various trail segments covered by the permit will be constricted in conjunction with the Bridge replacement project, and will be the responsibility of the City to operate and maintain when they are completed. As indicated in the attached exhibit, the shaded areas will be those segments of the trail for which the City is responsible (between 3rd Street and 4th Street on the east side of Highway 61, and from 3rd Street north across 2nd Street to the River Trail). The trail segment along the highway between the new Bridge and 3rd Street, as well as to the north of the new Bridge, will remain MnDOT's responsibility. Procedurally, the Council must adopt a resolution approving the permit, which MnDOT will then sign and forward to the City for the Mayor's and Clerk's signatures. Staff Recommendation Staff is recommending that the City Council adopt the attached resolution to approve the Limited Use Permit. ~~, ~_~~ ~ ~rF _ ti,;t ,, '~ -~-~s .."y, ~~ CITY III IiA STl v t ~ti CITY OF HASTINGS Dakota County, Minnesota Washington County, Minnesota. Resolution No. RESOLUTION FOR APPROVAL OF A LIMITED USE PERMIT FOR TRAIL SEGMENTS WITHIN MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY WHEREAS, the City of Hastings is a Municipal Corporation Under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Hastings has approved the layout to construct a shared- Usepath in the right of way of Trunk Highway 61 to promote orderly and safe acconullodations for pedestrians; and WHERAS, the State of Minnesota, Department of Transportation requires a Linuted Use Pernut for the construction and Utilization of said shared-Use path. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. The City Council of the City of Hastings hereby enters into a Linuted Use Pernut with the State of Minnesota, Department of Transportation to operate, and maintain ashared-use path within the right of way of State Tn~nk Highway 61 from 4ti' St. to the Mississippi River. The City of Hastings shall operate and maintain said shared-use path in accordance with the Linuted Use Pernut granted by the Minnesota Department of Transportation. 2. The Mayor and City Clerk are authorized to execute the Linuted Use Pernut and any amendments to the Pernut. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21sT DAY OF DECEMBER, 2009. Ayes: Nays: Paul J. Hicks, Mavor ATTEST: Melanie Mesko Lee, City Clerk SEAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR Shared Use Path C.S. 1913 T.H. 61 County of Dakota L U P # 1913-0061 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 City of Hastings, Permittee. This permit is for the purpose of constructing, maintaining and operating a shared use path, (hereinafter called trail), within the right of way of Trunk Highway No(s). 61 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 maintenance and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 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, and all facilities a part thereof, 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. LUP - Nonmotorized Recreational Trail Page 1 of 4 LU1001 9/29/2009 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. 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. Mn/DOT 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 of the trail, Mn/DOT shall restore all disturbed slopes and ditches in such 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. 14. 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 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. Page 2 of 4 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 highway right of way over which this permit is granted, so as to maintain the 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 by the Permittee, its employees, or agents, or members of the public using the trail, 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, to the extent that that such changes in drainage patterns are the result of an act or omission by the city. 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. Page 3 of 4 MINNESOTA DEPARTMENT CITY OF HASTINGS OF TRANSPORTATION RECOMMENDED FOR APPROVAL By District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION 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. By Its And Its Page 4 of 4 W I 1 N ~ I I I ~ ~ 6 I W W = d H I N M I I I ___. - __- - _ - - - ~ ~ ~ __ ~ °o Li __ _- - ~ ~ ~ ~ ~~-- ~~ ,%, W ~. ~ o v .~. a r~3„ ~ ? 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