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269573 WHITE - CITV CLERK ��^��� PINK - FINANCE COUi1C11 �� CANARV - DEPARTMENT GIT�Y OF SAINT PAUL File NO. ~ BLUE - MAYOR RErURN COPY TO VALUATION BUREAU Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVID, that the proper City officers are hereby authorized and directed to e.xecute a Li.mited Use Permit between the Minnesota Depaxtment of Transportation and The City of St. Pau1, which is necessary to construct the Mississippi Street Bridge from Cayuga to Ca.se Street (City Project B-1061 and P-1062). , COUNCILMEN Requested by Department of: Yeas Nays � Butler gi„n _ and MaTY� t Services � J In Favor � Hunt 'rector Levine � __ Against BY Roedler � Tedesco 9 1977 Adopted b ouncil: Date — AU� Form Appr b City rney Ce ied Pas Coun teiary BY Appr ved by ate _ AUG 1 O �9T7 Appro b May or Submi 'on o ncil � By By QuB��st�E� AUG 2 Q 1977 . ,' . �U.,1V�� S.P. 6280 (T.x. 35E-393) 76-90-�23 LIMLTED USE PERMCT A limited use permi.t is hereby granted by the Minnesota Department oP • Transportation hereinafter referred to as the "State" to the City oP St. Paul, Minnesota hereinafter referred to as the "City" to enter upon the highway right of way of Interstate Highway No. 35E-393 to construct a bridge and realign the existing route of State Aid Route 167. Such construction shall require the use of the State's right of way as shown in red on Exhibit "A" attached hereto and made a part hereof. In addition the State flzrther grants permi.ssion to the City to enter and construct on that portion of land as shvwn in green on Exhibit "A" whieh is land awned by the Burlington Northern Inc. granted to the State for highway purposes, on condition that the City first obtain perm�.ssion from' the Burlington Northern Inc. to enter on�o said area and perform the construction as herein described. All work will be accomplished ri�ht of Engineer's Station 392+30 to 399+00, on Highway No. 35E-393 and in accordance with the following: Special Provisions (1) This permi.t is granted solely to the City to complete city pro�ect B-1061 and P-1062, the construction of a bridge and realignment of State Aid Route 167, within the limits of the highway rights of wa.y as indicated by the color "red" and "green" on Exhibit "A" to the satisfaction of the Assistant District Engineer-State Aid, for the State of Minnesota, Division of Highways, � located at 3�$5 Hadley Avenue No., North St. Paul, Minnesota. (2) All disturbed areas shall be reshaped, covered with 3" of topsoil, sodded or seeded and maintained unti�l turY is established in accardance with the Standard Specifications for Highway construction. (3) �Y �.6�aY fencing removed by the City shall be � reinstalled in accordance with Specification No. 2557 of the 19?2 Standard Specifications �or Highway Construc- tion, and any fencing damaged or destroyed sha11 be replaced in Idnd at the City's expense. (�+) ,Any clamage within the State's right of way caused by the City's dperation shall be restored by the City at �the City's cost to the satisfaction of the Assistant District Engineer-State Aid or his representative. (5) Except for the 20 foot immediately ad�jacent to inplace brid.ge 6515, the area as shown in red on Exhibit "A" will be canveyed by the State to the City pursuant to Minnesota Statutes 1976, section 161.16, Subd. �+ (b). It is understood that the consideration for said conveyance w3.11 be the future cost of maintenance, improvement and reconstruction of State Aid Ro�ute 167 including bridge 6253�+• s.P, 6280 (T.x, 35E-393) 76-90-123 (b) No additional drainage areas shall be directed on to the highway ri�ht oP way and the present draa.nage patterns and systems within the axea as shown in red and green on Exhibit A shall not be changed withrnzt prior approval from the State. (7) If it becames necessary to remone the 3 cable guard- rail und�r Bridge 6515 the City agrees to dispose of same at their cost. (8) All public utilities afPected by said proposed �rading shall be reinstalied, ad�justed or replaced at the City's-expense. (9) No permission will be granted by the State to the City, its employees, or his contractor or his employees to work f�om or to park on the highway ro�.ciway, including the shoulders, during the course of said construction. (10) This permit is granted, wi.th the cost for all work performed or required, to be the responsibility of the City. (11) This permit is non-exclusive and is granted sub�ect to the ri.ghts of others including but not limited to utilities which may occupy the highway's right of way. (12) The City oY St. Paul will hold ha.rm7.ess and indemniPy the State of Minnesota, its Commi.ssioner of Transpor- tation and its employees from liability a.nd clai.ms for damages because of bodily in�ury, death, property damage, sickness or loss and expense ari.sing from the applicant's opera.t3;ons on the portion of the Department of Highway's right of way over which this pex7tri.t is granted, (13) The City for itself, its heirs, its personal representatives, successors in interest and assigns, agrees to abide by the provisions of Title VI of the Civil Rights Act of 196�+. Subscribed and Sworn Before Me This CIT7 OF ST. PAUL Dayr of 19 By Mayor Date Notary Public A�jy C�mnission By Director of Fina.nc�eax,v,dCeasnagement Date APPROVED . RECO�iDID FOR APPROVAL District Engs.neer is ric ngineex District State Azd Eng�.neer OM 0].: 12�1975 ; Rev. : 9/8/76 EXPLANATION OF ADMZNISTRATIVE ORDERS, • � SOLUTIONS, A�iD ORD�NANCES .. ' . ��6►!���� Date: Ju�,,v �9� 1977 . ; TO: ' MAYOR GEORGE LATIMER r � FR: J. 1�. Do�no�vaa, Valuation �gi.z�eer, Dcpt. of Finance b HM�g�nt 8ervic�es�. 5 ?) - �. i - gE; I.imd.ted Use Permi.t bet�raen City and State �or City Use oY Interstate Hi�h�ro,y . " RLg1�it-of-Way to conatract Missi�sippi 8treet Br3.d$e. , . t g � ; AC'TION REQUESTED: . . . . . . - . . . . ..k� S l�ttached reaolution anthori�es e�aecatica� c�f' Limited Use Ptr�eit aad al].a�ra �ork � to proceed. _ r .j:: ; , , ' ; � - � j PURFOSE AND RATIONALE FOR THIS ACTION: F _ f _ Raw Hridge 3s to be cvwstsucted aver �tl.sais$ippi Street (�ity Pro�ect 8-1061, R1462�, ;;, xhich is located psrtia]1y, sr3.thin Iateratate 3�$ right-p�-way, ancl t�3.s a�eqaieition; xae e�thoM:ed by P'inal. Order, Caunc3l F1.le 266643, approv�ed January 20, �197�. � All priv�atel.y crt�ned Broper'tY ha8 been �cqui.red and th3s wi.11 cclnplet�e th� ` acQuisit3ca� phase of the prc�,�ect. ? - . I f , � � � , ,. . t ATTAC�MENTS: � l. Ccn�ncii Aesointion j 2. Capy of i,�id.ted Us�e Per�tt � 3. � , _ r . � ;, ;