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� <br />�S�EN HzLLS <br />CITY OF ARDEN HILLS <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTIQN NO. 2009-035 <br />A RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR STATE <br />OPERATiONS, OLD SNELLING AVENUE TRAIL — CP RAIL UNDERPASS, <br />STATE AID PR03ECT 1$7-020-013. <br />WHEREAS, the City of Arden Hills wis�es ta canstruct a bike trail along the west <br />side of OId Sneliing Avenue at the CP Rail bridge crossing, approximately 1,100 feet north <br />of County Road E; and <br />WHEREAS, the available spacing between ihe existing CP Rail bridge piers and <br />abutznent inhibits the const�ction of 2-foot shoulder/ clear zones on each side of the t�-ail as <br />required by Rule 8820.9995, for a distance of approximately �orty feet underr�eath the bridge; <br />and <br />WHEREAS, State Aid Rules provide that a politicai su�division inay reQuest a <br />variance frorn the Rules; and <br />BE IT FURTHER RESOLVED, that the City of Arden Hills hereby indemnifes, <br />saves and halds ha�mless the State of Minnesota and its agents and ernployees of and frorn <br />clairns, demar�ds, actions, or causes af action arising out of or �y reason of the Old Snelling <br />Avenue Trail — CP Rail Underpass proj ect in accordance with Minnesota Rules 88209995 <br />and further agrees to defend at their sole cost and expense any action or �roceeding <br />con�rnenced for the p�upose of asserting any claim arising as a resul# af t�ie granting of this <br />variance. <br />NOW THEREFORE, BE IT RESOLVED BY THE C�TY CC}UNCIL OF THE <br />CYTY OF ARDEN HILLS, RA.MSEY COUNTY, STATE OF MINNESOTA: That a <br />variance be rec{uested frozn Minnesota Ruies for Siate Aid Operations to permit the <br />construction af the Old Snelling Avenue Trail — CP Rail Underpass, without the construction <br />of the adjacent shoulder/ clear zone areas. <br />11h+lefrp�inet.us4 rdenhliisL4dmialCounci1452esofutlons1200912409-035, Reslut�on RequesGng Variance for CP Rail Underpass.doc <br />