270016 �T � __�
WHITE - CITV CLERK COUIICII -� .'+ ���
PINK - FINANCE ��
CANARV - DEPARTMENT G I TY OF SA I NT PA 11 L
BLUE - MAVOR File NO•
RETURN COPY TO VALUATION BUREAU ouncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By_ Date
RESOLVID� that the proper City officials are hereby authorized
and directed to execute a Limited Use Permit, (a copy of which is
attached hereto and incorporated herein by reference) between the
Minnesota Department of Tx�nsportation and the City of Saint P�ul,
which is necessary for the construction of the Mississippi Street
Bridge No. 62536 over the Burlington Northern tracks (City Pro�ect
B-1071 & B-1071R).
COUNCILMEN �
Yeas Na}�s Requested by �Department of:
Butler � Fi e and Ma ent Services
Hozza [n Favor �
Hunt
Levine v __ Against BY r
Roedler
Sylvester
Tedesco NQV � �9�; Form Approved by ity Attorne
Adopted by ncil: Date
Certi d Passed ounci ,ecretary � BY
Approved b � ; or: Date f � ` � �7� N�V 2` �'�77 App d by Mayor for b issian to Council
By , BY
RUBIISHED �`1�v � 19��
. - c� �p�±-� �' s.P. 628o(T.H.35v=3g3)
�..� .__'�� gq_y7_ppg �."
��rr� Us� r�srr
A limited use permit i� hereby �rented by the �Iinrzesata Department of Transpor-
tation lzerei�aPter referred to ae the "St�te" to the City oY St. Paul, I�Li.nnesota
hereinaf'ter referred to a.� th� "City" to ent�r upon the hi�t�ay right o�f way
of Interstate Highway No. 35W-393 to r�place existing City bridge �92235 over
the Burlington Nortbern Rait�ay with City bridge �/{�7536. Such constxuction
shal]: require the use oY the State ts xight o� way r�s shc�rn in red and blue on
Exhibit "A" a-�tached her�o a.nd m�de a part hertoY. In addition the S�ate .
ftizrth+er gr�nts permission to �h� City to enter and construct on that partioa
o� 1a.nd as shawn in g�een on Exhibit "A" which i.s land cx�ed by the Hurling�tan
�forthern Inc. grant�cl ta the State for higY�Y P�Poses, on condition that. the
�ity first obtain permisaiozt frorr the Burlington I�orth�rn L�c. to enteaar on�o
said area and perPorra the construction as h�rein desdcibed. All work will be
accompYisb�d right c�' Engineer's Station 36gt5o to 3TT�: on Higt�ray �o. 35E_
393 $nd in accorciance with the fo].lvwings
SPEC7I�L PROVISIONS
(1) Thia pe�ait is granted soleiy to tha Ci�y to co�p�.ete eity pro�ect 5-1071
and B-i471R, t8e constructio� ot bridg� �6253�i and related construction
�rithin the 19,.mits of the highwa� rights o� way as indicated by the colors
"red, blue and gre�n" t>n Exhtl�f.t "A" to the satis�actian oP the Assistant .
District Engineer-S�.ate Aid, for th+e State aY Minneaot.a, Depe1rtmen� of
Tra.nspertation looe.tad �►t 3�35 I�.dieyr Avenue �ox°th, North S�. Paul,
I�Iinn�esota.
(2) All disturbed area� �k�ll be sodded or seeded and maintained urrtil tur�
ia e�tablish�d in aacordance with the Standa.rd SpeeiYiGe�tions P� Highxra�
aonstruction.
(3) Az�y highway teacing remrnred by the C3.ty s2�a11 be �einsta2led iu a�cordance
with SpeciYicat�.on �4. 255'T of the 1q72 Sta,ndard SpeciPications for H�gYmray
Construction at the �.ocation mg directed by the Assistant Distriet Director-
State Aid. Any fencirsg damaged or destroyed shall be xep]�aced 3n kind at
the City's expense.
(�+) Any damage wi.thin the Sta.te`s right of wa.y caused by the City'a operat3on
shall bc restored by the Cfty at the City'a cost to tt� satisfe.c�ion oP
th+e Assistaat �is�riat Director-S�te 14id or his xepresentativs.
(5) T2ie A.rea as �shown i.n red nn Exhibit "A" will be conveytd by the State to
the City pwc�su�.rrt to �tinnesota: Statutes 1976, section 161.16, Subd. 4 (b}.
It is uaderstood tla�xt the eo�sideration for sai.d conveyance wiLt be the
i�lzture coBt oF inain�e�a.nce, ittprovement �nd recon�truction o� bridge #62�36
and im�raveme�s to Sta.t� Aid Route 167.
(6) The City hereby agrees �o maintain the present dr�.inagt patterns ar,�d az�y
obs�ructions to the preseat draine.ge caused by its operations sha1.]. be
corrected hy the City at its a��rxn expen�e.
(7} Any treea or shrub�s dame.ged or destroyed, by the City's operatios� shall
be replaced by equal va].ue as determined by and to the satisfactian oP the
District Er3gi.neer-State Aid at no expense to the Stzte.
(8) A17. public utilities a�Pected by said proposed grading sha11 be re-
insf.alled, ad,�justed ar replaced at �he City's expartse.
(9) �io permission will be granted by the State to tbe City, its employeea,
or his eantractor or hi� en�ployees to W�rk fr�r► or to park on the hig2�ray
roac't�a.y, fncluding the shc�ul.dera, during the eourse o� sa.id conatructtion.
(10) This permit is granted, xith the coat �or all wark performed ar required,
to be the responsibility oP the City.
(11) This pe�ai.t is non-exclusive and is granted sub�ect to the rights og
oth�rs including but no� limited ta utiZities whicb u�a.y occugy th�
highWay's rigYrt af way.
�12) Th� City c�f St. P$ul wili hoZd �rmless and indemniPy the State of
Minnesotas it's C�iBS�ioner of Transportation and its emnioyees f"rom
liabil3.ty and claims for cYa�gss because oY bodily in�ury, death,
property dam�ge, sicknese arr loas ancl expease axieing fra� �he applicant's
opera�ionu on the portion af the Depart�ae� of Tra.nsportatiou's r.ight af way
aver which this per�i.t is granted.
(13} The City Por itself, its heirs, its persQn�al representatives, su,caessora
in intereat arnl as�iQns, agrees to abide by the provf.sions of Title VZ
oY the Civil Rights Ac� a� I.964.
Subscribed aad Swora BePo�e 1�Ie This CITY OF S�. PAUL
Day of 19� BY
riayor
Date
l�ota.ry Public
My Cos�issinn
BY
Director of Fina.nce and
Management Services
Da.te
APPROFID
B3+'
Director of Pub3.ic Wa�ks
District D3.rector �'�e
R£CO�ED FUR AFPROVAL
District R Eagineer
District State Aid Engineer
' � OM O1: 12/1�75
�tev. : 9j8/76
E�LANATION OF ADMINISTRATIV£ ORDERS,
. RESOLUTIONS, .AND ORDINANCES ����'�
�_.._.�. . . ��.�. .. , ,
DBte: October 21, 19?7
Tp; MAYCIA GEORGE LATIMER
. ���.
�: J. Wm. Donavan, Valuation b Assessment �gineer, Dept. of F`inance b Mgt. Serv3.cea (�ct.5�li
�� Mississippi,�reet Sridge Ao. 6253�6 over the Burlington Nor�he�n, Inc.
Limited Use Permit fietween the City aad the State De�artment of 3'rar�sportation
which prov3des permission for the City to construct refereneed �ridge on State
ProP�Y• •
ACTION REQUESTED: �
Execute the resolution authorizin� a Limited Use Permit.
. ,
. ,
PURPOSE AND RATIONALE FOR THIS ACTIQN:
Pro�ect is authorised by Administrative Order �3756,appreved,August 3, 197?. � �
ATTACBMENTS:
1. �esolution for approv�,.t � `
�. 2. L3mited Uae Perm3.t for approval