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E litLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2009-035 A RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR STATE OPERATIONS, OLD SNELLING AVENUE TRAIL—CP RAIL UNDERPASS, STATE AID PROJECT 187-020-013. WHEREAS, the City of Arden Hills wishes to construct a bike trail along the west side of Old Snelling Avenue at the CP Rail bridge crossing, approximately 1,100 feet north of County Road E; and WHEREAS, the available spacing between the existing CP Rail bridge piers and abutment inhibits the construction of 2-foot shoulder/clear zones on each side of the trail as required by Rule 8820.9995, for a distance of approximately forty feet underneath the bridge; and WHEREAS, State Aid Rules provide that a political subdivision may request a variance from the Rules; and BE IT FURTHER RESOLVED, that the City of Arden Hills hereby indemnifies, saves and holds harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the Old Snelling Avenue Trail—CP Rail Underpass project in accordance with Minnesota Rules 8820.9995 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting of this _ variance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, RAMSEY COUNTY, STATE OF MINNESOTA: That a variance be requested from Minnesota Rules for State Aid Operations to permit the construction of the Old Snelling Avenue Trail—CP Rail Underpass, without the construction of the adjacent shoulder/clear zone areas. CADocuments and Settings\becky.brazys\Local Settings\Temporary Internet Files\OLK15F\2009-035 Reslution Requesting Variance for CP Rail Underpass.doc