IV.12. Approve Limited Use Permit – Blake Road Pedestrian Improvements Within Trunk Highway 7 Right-of-Way; Stanley (CR2018-008)
January 2, 2018 Council Report 2018-008
APPROVE LIMITED USE PERMIT
BLAKE ROAD PEDESTRAIN IMPROVEMENTS WITHIN
TRUNK HIGWAY 7 RIGHT-OF-WAY
Proposed Action
Staff recommends the following motion: “Approve Limited Use Permit with the State of
Minnesota Department of Transportation for a pedestrian trail in the right-of-way of Trunk
Highway 7 at Blake Road (CSAH 20).”
Overview
As a part of the Blake Road Improvements new trail extensions are being constructed along
both sides of the road from Excelsior Boulevard (CSAH 3) to Trunk Highway 7 (TH 7).
These new trails are critical to the project and will provide much needed accommodations for
pedestrians along Blake Road.
Since a portion of the new trails are being constructed within MNDOT right-of-way (see
attached Exhibit) but will be owned and maintained by the City, MNDOT requires a
mechanism to allow for the continual use and existence of the trail. A limited use permit
(LUP), which is similar to an easement, will serve this function. Staff recommends approval
of the resolution to enter into the LUP.
Supporting Documents
• Resolution 2018-004
• Limited Use Permit Exhibit
_______________________________________
Nate Stanley, P.E.
City Engineer
Financial Impact: Budgeted Y/N Source: Related Documents
(CIP, ERP, etc.):
Notes: __________________________________________________________________
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2018-004
RESOLUTION APPROVING LIMITED USE PERMIT
WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF
TRUNK HIGHWAY 7 AT BLAKE ROAD (CSAH 20)
WHEREAS, the City of Hopkins is a political subdivision, organized and existing under
the laws of the State of Minnesota; and,
WHEREAS, the City Council of the City of Hopkins has approved a plan to construct a
pedestrian trail in the right-of way of Trunk Highway 7 to promote the orderly and safe crossing
of the highway; and,
WHEREAS, the State of Minnesota, Department of Transportation requires a Limited
Use Permit for the construction and utilization of said pedestrian trail.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins,
Minnesota hereby authorizes the Mayor and City Manager to enter into a Limited Use Permit
with the State of Minnesota, Department of Transportation for the following purposes:
1. To construct, operate and maintain a pedestrian trail within the right- of- way of Trunk
Highway 7 (TH 7 = 012) of the State of Minnesota along Blake Rd (CSAH 20). The City
of Hopkins shall construct, operate and maintain said trail in accordance with the Limited
Use Permit granted by the Minnesota Department of Transportation.
BE IT FURTHER RESOLVED that said Limited Use Permit shall generally be in the form of
the document attached hereto as Exhibit A, subject however to review and amendment by City
staff, and only when deemed satisfactory to the City engineer and the City attorney.
Adopted by the City Council of the City of Hopkins, Minnesota, this 2nd day of January, 2018.
By_______________________________
Molly Cummings, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk
514259v2 DTA HP145-30
EXHIBIT A
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 2706 (T.H. 7)
County of Hennepin
LUP # 2706-0197
Permittee: City of Hopkins
Terminates: 12/27/2027
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota,
through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use
Permit (the “LUP”) to City of Hopkins, (“Permittee”), to use the area within the right of
way of Trunk Highway No. 7 as shown in red on Exhibit "A", (the “Area”) attached
hereto and incorporated herein by reference. This Limited Use Permit is executed by
the Permittee pursuant to resolution, a certified copy of which is attached hereto as
Exhibit B.
Non-Motorized Recreational Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and
operating a nonmotorized recreational trail ("Facility") and the use thereof may be
further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 12/27/2027 (“Expiration Date”) subject
to the right of cancellation by MnDOT, with or without cause, by giving the
Permittee ninety (90) days written notice of such cancellation. This LUP will not be
renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for
a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later
than ninety (90) days prior to the Expiration Date, a written request to extend the
term. Any extension of the LUP term will be under the same terms and conditions
in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the
Facility and Area are compatible with the safe and efficient operation of the
highway and the Facility and Area are in good condition and repair. If, in
MnDOT’s sole determination, modifications and repairs to the Facility and
514259v2 DTA HP145-30
Area are needed, Permittee will perform such work as outlined in writing in
an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the
applicable governmental body authorizing the Permittee’s use of the Facility
and Area for the additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will
expire on the Expiration Date.
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 of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s
sole cost and expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the
MnDOT District Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after
the Expiration Date or earlier termination, Permittee will remain subject to all
conditions, provisions, and obligations of this LUP, and further, Permittee will pay
all costs and expenses, including attorney’s fees, in any action brought by MnDOT
to remove the Facility and the Permittee from the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility
shall be at no cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved
in writing by the MnDOT's District Engineer. Approval in writing from MnDOT
District Engineer shall be required for any changes from the approved plan.
The Permittee will construct the Facility at the location shown in the attached
Exhibit "A", and in accordance with MnDOT-approved plans and specifications.
Further, Permittee will construct the Facility using construction procedures
compatible with the safe and efficient operation of the highway.
Upon completion of the construction of the Facility, the Permittee shall restore all
disturbed slopes and ditches in such manner that drainage, erosion control and
aesthetics are perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered
by this LUP at no expense to MnDOT and it shall be the responsibility of the
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Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48
hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the
centerline of the highway and shall provide and ensure reasonable and adequate
stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the
Permittee at its sole cost and expense, including, but not limited to, plowing and
removal of snow and installation and removal of regulatory signs. No signs shall
be placed on any MnDOT or other governmental agency sign post within the Area.
MnDOT will not mark obstacles for users on trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures
or no advertising devices in any manner, form or size shall be allowed on the Area.
No commercial activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to
use the property for highway and transportation purposes. This LUP 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. No rights to relocation benefits are
established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including,
but not limited to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP 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.
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”). If 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.
7. 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,
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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.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including
the parking of vehicles and assemblage of Facility users, on the highway right of
way over which this LUP is granted, so as to maintain the safety of both the
motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations,
warranties, or agreements have been made by MnDOT or Permittee to one
another with respect to this LUP.
11. ENVIRONMENTAL. 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 notify in writing MnDOT’s District Engineer
and 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.
12. MECHANIC’S LIENS. 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.
13. NOTICES. All notices which may be given, by either party to the other, will be
deemed to have been fully given when served personally on MnDOT or Permittee
or when made in writing addressed as follows: to Permittee at: and to
MnDOT at:
Mayor State of Minnesota
Hopkins City Hall Department of Transportation
1010 1st St S Metro District Right of Way
Hopkins, MN 55343 1500 W. County Road B2
Roseville, MN 55113
514259v2 DTA HP145-30
The address to which notices are mailed may be changed by written notice given
by either party to the other.
14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the
State of Minnesota, its Commissioner of Transportation and employees and its
successors and assigns, from and against:
(a) all claims, demands, and causes of action for injury to or death of persons
or loss of or damage to property (including Permittee's property) occurring on the
Facility or connected with Permittee's use and occupancy of the Area, regardless
of whether such injury, death, loss or damage is caused in part by the negligence
of State of Minnesota or is deemed to be the responsibility of State of Minnesota
because of its failure to supervise, inspect or control the operations of Permittee or
otherwise discover or prevent actions or operations of Permittee giving rise to
liability to any person.
(b) claims arising or resulting from the temporary or permanent termination of
Facility user rights on any portion of highway right of way over which this LUP is
granted;
(c) claims resulting from temporary or permanent changes in drainage patterns
resulting in flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of
any kind whatsoever filed or maintained for or on account of any work done or
materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of
regulated materials attributable to the construction, maintenance or operation of
the Facility.
514259v2 DTA HP145-30
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF HOPKINS
By__________________________
Its Mayor
Date_________________________
And_________________________
Its City Manager
Date____________________________
By:________________________
District Engineer
Date__________________________
APPROVED BY:
COMMISSIONER OF
TRANSPORTATION
By:_____________________________
Acting 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.
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NO.DATE BY CHK Design By:
Plan By:
Checked By:
Approved By:
REVISIONS SHEET
OF
SHEETS
Improvements
BLAKE ROAD (CSAH 20)
City of Hopkins, Minnesota
CITY OF HOPKINS, MINNESOTA9:04:34 AMK:\01787-330\Cad\Exhibits\LUP\Final Layout.dgnPATH & FILENAME:12/27/2017DATE:(763)541-4800 wsbeng.com
Minneapolis, MN 55416
701 Xenia Avenue South, Suite 300
S.P. 2706-242 (TH 7 ), S.A.P. 027-620-015, S.A.P. 132-020-018, S.A.P. 132-355-001
1
1
0
SCALE IN FEET
20
T.H.7 & BLAKE RD (CSAH 20)
LIMITED USE PERMIT EXHIBIT
PERM ESMT
PERM ESMT
PERM ESMT
PERM ESMT
INP R/W
{ TH 7 TURN LANE
RETAINING WALL 2
(EAST)
{ CAMBRIDGE ST
(WEST)
{ CAMBRIDGE ST
{ HOLIDAY ENTRANCE
RETAINING WALL 1
HOPKINS
CITY OF
PARK
ST. LOUIS
CITY OF
AVEAQUILA
(CSAH 20)
{ BLAKE RD NB
(CSAH 20)
{ BLAKE RD SB
INP MNDOT R/W
INP MNDOT R/W
BOUNDARY
MUNICIPAL
MUNICIPAL BOUNDARY
INP MNDOT R/W
MNDOT RIGHT OF WAY
PEDESTRAIN TRAIL IN
LEGEND
Final Layout.dgn 12/27/2017 9:04:43 AM