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3.5. SR 08-24-1998~ITEM 3.5. ~ Howard R, Green Company OONSULTING ENGINEERS August 19, 1998 File: 803691J-0071 CONSUl,TING ENGIN~RS Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: GUARDIAN ANGELS IMPROVEMENTS Dear Council Members: As you are aware, the Park and Recreation Commission has requested that, as part of the Guardian Angels utility improvements, a 10-foot wide bituminous pedestrian pathway be placed in the Mn/DOT right-of-way from the southeast corner of the Guardian Angels project to the driveway of the Elk Bowl. Placing a pedestrian pathway in the Mn/DOT right-of-way requires a special Limited Use Permit. Attached is a copy of the permit. All of the special provisions seem to be somewhat standard in nature. It is worth noting that special provision 16 requires the City to hold Mn/DOT harmless in the case of any injury or death resulting from the use of the trail. There are also hold harmless conditions regarding any flooding caused by the trail or resulting from the termination of the user's rights of the trail. We anticipate no adverse impacts to drainage, and do not foresee Mn/DOT revoking the permit. Therefore, I believe that the only issue that the City should be concerned with is any injury or death arising from a pedestrian using the trail. Attached is a draft resolution for the City Council's consideration. The resolution approves the permit and authorizes the Mayor and City Clerk to execute the Limited Use Permit on behalf of the City. Should you have any questions regarding this permit, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM/st Enclosures O:\PROJ\803691 J\0071\691-1903.aug.do¢ 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389 RESOLUTION 98 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION OF THE CITY OF ELK RIVER APPROVING A MN/DOT LIMITED USE PERMIT FOR THE INSTALLATION OF A PEDESTRIAN PATHWAY ALONG TRUNK HIGHWAY 169 WHEREAS the City has determined that the Guardian Angels improvement project should include a 10-foot wide bituminous pedestrian pathway from Guardian Angels to Elk Bowl; and WHEREAS the route for such a trail needs to be within Mn/DOT Trunk Highway 10 right-of- way; and WHEREAS the placement of a bituminous pathway in Mn/DOT right-of-way requires a Limited Use Permit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. Limited Use Permit S.P. 7102 (TH 10) for the installation of a bituminous pedestrian pathway along Trunk Highway 10 is hereby approved by the City Council. 2. The City Council authorizes the Mayor and City Clerk to execute the Limited Use Permit on behalf of the City of Elk River. Passed and adopted this 24th day of August 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk O:\PROJ\803691J\0071\691-1906.aug. Res.doc Minnesota Department of Transportation District 3 1991 Industrial Park Road Baxter, MN 56425 Tel: 218/828-2460 Fax: 218/828-2210 Toll Free: 1/800/657-3971 August 13, 1998 Mr. Terry Maurer City of Elk River Engineer Howard R. Green 1326 Energy Park Drive St. Paul, MN 55108 Dear Mr. Maurer: RE: Limited Use Permit for Bikeway Enclosed are three original Limited Use Permits to the city of Elk River for the bikeway from the Guardian Angels Development to Gary Street as shown on Exhibit A. Please have all three copies executed by the City. Certified city resolutions are required before Mn/DOT will approve said permits. Please return all permits along with the certified resolutions to me at the above address. Upon receipt of these documents, I will process the permit and return one fully executed permit to the City. If you have any questions or concerns, please feel free to contact me at (218) 828-2477. Sincerely, Marv Martin Right-of-Way Project Manager Enclo sure: Permits (3) MM:rjn An equal opportunity employer STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT S.P. 7102 (TH 10) County of Sherburne Bikeway City of Elk River In accordance with 1Wmnesota Statutes Sec. 161.434, and Federal-Aid Policy Guide, Part 652, a Limited Use Permit is granted to the City of Elk River, Permittee. This permit is for the purpose of constructing, maintaining, and operating a bikeway within the fight-of-way of Trunk Highway No. 10 as shown in red on Exhibit "A~" which is attached hereto and incorporated herein by reference. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the bikeway will 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 fight-of-way. 4. No commercial activity or activities shall be allowed on the State of Minnesota fight-of-way. Any and all maintenance of the bikeway shall be provided by the Permittee; this includ'es, 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 fights of others, including, but not limited to public utilities which may occupy said right-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. Sheet 1 of 4 10. 11. 12. 13. 14. 15. Any crossings'bfthe bikeway 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 bikeway at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation' s District Engineer at Brainerd, that the construction geometrics and procedures result in a bikeway that is compatible with the safe and efficient operation of the highway facility. Approval from the Minnesota Department of Transportation's District Engineer shall be required for any changes from the approved plan. Upon completion of the construction of the bikeway, the Permittee 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 rights 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 60 days written notice of such action. Upon said notice of cancellation the bikeway shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit, or any portion thereof, the Permitt'ee will be required to return and restore the area satisfactory to the Minnesota Department of Transportation District Engineer. 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 bikeway. Sheet 2 of 4 16. 17. 18. 19. 20. 21. The Permitteffshall 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 bikeway or from the use of the portion of highway right-of-way over which this permit is granted. T-he 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 bikeway user rights on any portion of highway right-of-way which this permit is granted. The State oflVfinnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of bikeway users on the highway right-of-way which this permit is granted, so as to maintain the safety of both the motoring public and bikeway users. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent change in drainage patterns resulting in flood damage. 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 (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 materialmen's' 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 agrOement or any amendment or supplement thereto; and agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. Sheet 3 of 4 RECOMMENDED FOR APPROVAL MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF ELK RIVER By: Brainerd Transportation District Engineer By: Mayor Date: Date: APPROVED BY: By: City Clerk COMMISSIONER OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION BLDG. ST. PAUL, MN 55155 By: Director, Office of Land Management Date: 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. Sheet 4 of 4 NEG. Minnie Wexier 0.04 AMD. WIDTH 203 :/er 13. R$ A~orri~ W~xler E xk;l~i+ "A"