Loading...
HomeMy WebLinkAbout3288Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com oo BARR December 20, 2001 Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO Mr. Wayne Houle City of Edina 4801 West 50th Street Edina, MN 55424 Dear Mr. Houle: Enclosed is payment in the amount of $17462.91 for the Nine Mile Creek Watershed District's portion of the "Superdeck System" boardwalk at Braemar Park. Sincerely, Robert C. Obermlyeri Barr Engineering Company Engineers for the District Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com Go3PR- BARR December 20, 2001 Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO Mr. Wayne Houle City of Edina 4801 West 50th Street Edina, MN 55424 Dear Mr. Houle: Enclosed is payment in the amount of $17462.91 for the Nine Mile Creek Watershed District's portion of the "Superdeck System" boardwalk at Braemar Park. Sincerely, Robert C. Oberm ye Barr Engineering Company Engineers for the District 5400, !70 5- NINE MILE CREEK WATERSHED DISTRICT BLOOMINGTON, MINNESOTA PAY TO THE ORDER 0 oFiilA Seel fen 4hcuS4rndi 'guy- ht,ndfed d- q 1/I00 Ilk INN Norwest Bank Minnesota, N.A. WINNE Bloomington Office HORNIEST BANKSMIN7900XerxesAvenueSouth FOR U«r(Z S eBlodiGCK S'(55Sk r. NINES gl is 11 00 24 L 711' 1:09 L0000 L9': 34897 SO 29 r DATE Jzlzl o 1 2417 18910 17,(447_• 91 ARSE- NINE Fik E CREEK WATERSHED DISTRICT December 10, 2001 Mr. Robert Obermeyer, PE Nine Mile Creek Watershed District 4700 West 77th Street Minneapolis, MN 55435-4803 RE: Boardwalk Funding Braemar Pathway City of Edina Dear Mr. Obermeyer: The City of Edina is requesting payment of $17,462.91 for fifty percent funding of the cost to install the "Superdeck System" boardwalk at Braemar Park area. Total cost to install the boardwalk is $34,925.82. The funding request for this project was approved at the January 17, 2001 Nine Mile Creek Watershed Board of Managers meeting. Attached you will find a copy of Partial Pay Request No. 1 & 2 for Perkins Landscape Contractors. The boardwalk portion of the project is complete the remaining portion of the trails will be completed early summer of 2002. If you have any questions or need additional information please call me at 952-826-0443. Sincerely, e EttfoUte, PE Assistant Public Works Director c: Fran Hoffman - City of Edina John Keprios - City of Edina John Valliere - City of Edina City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 952) 927-8861 FAX (952) 826-0390 TDD (952) 826-0379 Page 1 of 1 Pages ESTIMATE FOR PARTIAL PAYMENT NO. 1 CITY OF EDINA CONTRACT NO. 00-3 PK NATURE PATHWAY - BRAEMAR PEDESTRIAN TRAIL IMPROVEMENT NO. PK 00-3 Location: Braemar Park Contractor: Perkins Landscape Contractors Contract Date: July 20, 2001 Contract Price: $42,003.52 For Work Completed Through: September 30, 2001 I ITEM NO. 1 3.5'x 5'x3.25" FLOATING WALK PANEL 2 CLEAR & GRUBTREES AND BRUSH CLEAR & GRUB TREES BY 7768 WEST 78TH STREET 3 (IF REQUIRED) 4 COMMON EXCAVATION 5 4' CRUSHED BITUMINOUS TRAIL (4" THICKNESS) 6 SOD WITH 4" TOPSOIL TOTAL COST: NATURE PATH - BRAEMAR PEDESTRIAN TRAIL SUMMARY: ITEM CONSTR. CONTRACT UNIT QUANTITY QUANTITY UNIT PRICE TOTAL 2300 2185 SF 15.28 33,386.80 0.18 0.171 AC 9,000.10 1,539.02 SUBTOTAL CONTRACT 00-3 PK NATURE PATH - BRAEMAR PEDESTRIAN TRAIL LESS 5% RETAINAGE LESS PARTIAL PAYMENTS TOTAL PARTIAL PAYMENT NO. 1 Prepared By: /61 Checked By: 4 70 3,800 260 EA 175.00 CY 21.85 SF 0.45 SY 5.00 - 34,925.82 Francis J. Hoffri an Director of Public Works and City Engineer 34,925.82 1,746.29 33,179.53 33,179.53 Page 1 of 1 Pages Dec. 14, 2001 ESTIMATE FOR PARTIAL PAYMENT NO. 2 CITY OF EDINA CONTRACT NO. 00-3 PK NATURE PATHWAY - BRAEMAR PEDESTRIAN TRAIL IMPROVEMENT NO. PK 00-3 Location: Braemar Park Contractor: Perkins Landscape Contractors Contract Date: July 20, 2001 Contract Price: $42,003.52 For Work Completed Through: November 30, 2001 Percent of Project Complete: 83% I ITEM NO CONSTR. CONTRACT UNIT QUANTITY QUANTITY UNIT PRICE TOTAL 1 3.5'x 5'x3.25" FLOATING WALK PANEL 2300 2185 SF 15.28 33,386.80 2 CLEAR & GRUBTREES AND BRUSH 0.18 0.171 AC 9,000.10 1,539.02 CLEAR & GRUB TREES BY 7768 WEST 78TH STREET 3 (IF REQUIRED) 4 COMMON EXCAVATION 5 4' CRUSHED BITUMINOUS TRAIL (4" THICKNESS) 6 SOD WITH 4" TOPSOIL TOTAL COST: NATURE PATH - BRAEMAR PEDESTRIAN TRAIL SUMMARY: ITEM 4 70 3,800 260 EA 175.00 CY 21.85 SF 0.45 SY 5.00 34,925.82 SUBTOTAL CONTRACT 00-3 PK NATURE PATH - BRAEMAR PEDESTRIAN TRAIL LESS 0.5% RETAINAGE LESS PARTIAL PAYMENTS TOTAL PARTIAL PAYMENT NO. 2 Partial Payment No. 1 - $ 33,179.53 Prepared By: Checked By: Francis J. Hoffman Director of Public Works and City Engineer 34,925.82 174.63 34,751.19 33,179.53 1,571.66 i E9-46aktiat. 471A- ‘c. SC)wS2 wti.tLL 2 f .Jz 3 Cat. Co14.4 40 "le 4 co * Vic . 1s \.t.,L1.0it 3i-2 5P C f - (3(4,7, a3ser_. Its s i73— 75 c reja./ l (off 381 c.fs C, `5 sF (7/‘73, zs- os" 4s145111 LYQ AL , 1 Povkt , ( x) r. ._E MINNEAPOLIS NEW YORK SEATTLE DENVER WASHINGTON, D.C. NORTHERN VIRGINIA DES MOINES LONDON ANCHORAGE SALT LAKE CITY BRUSSELS DORSEY & WHITNEY LLP SUITE 1500 50 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 FAX: (612) 340-2868 www.dorseylaw.com deEtt Allen Paralegal 612) 340-2882 FAX (612) 340-2644 allen.deett@dorseylaw.com May 17, 2002 Mitzi Wicklund Engineering Administrative Assistant City of Edina 4801 West 50th Street Edina, MN 55424-1394 Re: Edina/General 94802-168 Dear Mitzi: COSTA MESA BILLINGS FARGO HONG KONG GREAT FALLS ROCHESTER. TOKYO MISSOULA VANCOUVER TORONTO SHANGHAI Enclosed is a copy of the Easement for Public Walkway Purposes filed this morning with the Registrar of Titles at 11 a.m., as well as a copy of the Easement for Public Walkway Purposes filed with the Hennepin County Recorder this morning as Document No. 7728621, each covering a part of Lot 1, Block 1, Braemar Business Center. As I mentioned, the original copies will be returned at a later date. Let me know if you need anything further. Very truly yours, dz deEtt Allen Enclosures cc: Jerry Gilligan r 2 3 Q s, EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this 8th day of January, 2002, by and between AMB Property, L.P., a limited partnership under the laws of the State of Delaware, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 1, Block 1, Braemar Business Center according to the recorded plat thereof. The center line of said easement is described as follows. Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said lot 1 a distance of 118.69 feet to the beginning of the center line to be described; thence easterly deflecting to the left 76 degrees 28 minutes 50 seconds a distance of 33.07 feet; thence easterly deflecting to the left 20 degrees 48 minutes 51 seconds a distance of 479.82 feet; thence southeasterly deflecting to the right 60 degrees 46 minutes 12 seconds a distance of 27.69 feet; thence easterly deflecting to the left 52 degrees 33 minutes 09 seconds a distance of 28.73 feet; thence southeasterly along a tangential curve, concave to the southwest, having a radius of 40.00 feet, a central angle of 78 degrees 49 minutes 13 seconds, a distance of 55.03 feet; thence southerly, tangent to said curve, a distance of 168.00 feet; thence southeasterly deflecting to the left 25 degrees 54 minutes 12 seconds a distance of 11.41 feet; thence southerly deflecting to the right 35 degrees 29 minutes 59 seconds a distance of 128.00 feet; thence southeasterly deflecting to the left 26 degrees 27 minutes 08 seconds a distance of 16.12 to a point on the southeasterly line of said Lot 1 distant 13.72 feet southwesterly from the southeast corner of said Lot 1, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. r,,, IN WITNESS WHEREOF, the grantor has executed these presents this day of TO 2001 GRANTOR: AMB Property, L.P. Title: /fia n e ' STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Zvi The foregoing instrument s acknowledge before me this / day iiiofc b' , 2001, iO i 5 F /1if6 izo -L , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. DARLENE R. WALUPNOTARYPUBUC-MINNESOT Sly Commission Expires Jan. 31, 2005 Notarial SeOt STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged be ore me this day of (J%CCE/11 F f'c , 2001, by 2C/e1)O,f 2 . U AJ- _S , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. DARLENE R. WALLIN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2005 Notarial Seal) Notary Public EXHIBIT A CITY OF EDINA CITY OF BLOOMINGTON 10.00' N coco WALKWAY / EASEMENT/ 69'811 u) Co N rO r 68.00' 40 80 128.00' u' w < oI_ PaPC1U 160 N I n N O N N N 793 NN ZO NDIDNIN00-1S JO A1I3 VNIG3 .J ) II3 PUBLIC WALKWAY EASEMENT HENNEP'z e`Y:..-..,:SOTAOFFICEOF C., _Er,‘ ;Pi R p`70PCEC CN C 2 MAY 17 AM 10; 41; 28S21 co. REC. DEPUTY Duplice.e Filing Certificate EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this 8th day of January, 2002, by and between AMB Property, L.P., a limited partnership under the laws of the State of Delaware, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 1, Block 1, Braemar Business Center according to the recorded plat thereof. The center line of said easement is described as follows. Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said lot 1 a distance of 118.69 feet to the beginning of the center line to be described; thence easterly deflecting to the left 76 degrees 28 minutes 50 seconds a distance of 33.07 feet; thence easterly deflecting to the left 20 degrees 48 minutes 51 seconds a distance of 479.82 feet; thence southeasterly deflecting to the right 60 degrees 46 minutes 12 seconds a distance of 27.69 feet; thence easterly deflecting to the left 52 degrees 33 minutes 09 seconds a distance of 28.73 feet; thence southeasterly along a tangential curve, concave to the southwest, having a radius of 40.00 feet, a central angle of 78 degrees 49 minutes 13 seconds, a distance of 55.03 feet; thence southerly, tangent to said curve, a distance of 168.00 feet; thence southeasterly deflecting to the left 25 degrees 54 minutes 12 seconds a distance of 11.41 feet; thence southerly deflecting to the right 35 degrees 29 minutes 59 seconds a distance of 128.00 feet; thence southeasterly deflecting to the left 26 degrees 27 minutes 08 seconds a distance of 16.12 to a point on the southeasterly line of said Lot 1 distant 13.72 feet southwesterly from the southeast corner of said Lot 1, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified against any Toss, cost or damage or expense, including, without limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of JA u a r- 7 , 200t a GRANTOR: AMB Property, L.P. By: Title: eff e 71 /hiM e of bt ua nt 0I'AC4 r partnership on behalf of said partnership. Notarial Seal) GRANTEE: City of Edina By s City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of E-4Ra E ' 4 ptinownwf.14,1, WIllGssacLitl-k STATE A) nt) ba ui- ) SS COUNTY OF HENNEPTN) The foregoing instrument was acknowledged before me this ' day 2002 by Chris‘s i-. li-fmboutras , the of AMB Property, L.P., a Delaware limited STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss The foregoing instrument wa` of , 2001, by oft a City of Edina, a municipal corporation on behalf of the munici DARLENE R. WALLIN NOTARY PUBLIC-MINNESOT My Commission Expie$ Jan31, Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF-HE-NNE-P N-}- acknowled under the h ed bre me this/% day 9 // A /2CZb , the Mayor laws of the State of Minnesota, Notary Public The f9regoing instrument wa acknowledged bef re me this IS `day of. C , 2001, by e7n/ , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. IIINIAMAAMAAAAAAMMAAAMAAMOVIWN" DARLENE R. WALLIN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 200S' Notary Public Notarial Sealik.ANkAAAAAAAAAAAAAAANNAAAmmAivvvvig i• T e) cu EXHIBIT A 40 80 160 W1 cnHO U Oa o N cu NDIDNIWDD7a JO k113 VNIG3 JO AlI3 PUBLIC WALKWAY EASEMENT EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this 8th day of January, 2002, by and between AMB Property, L.P., a limited partnership under the laws of the State of Delaware, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 1, Block 1, Braemar Business Center according to the recorded plat thereof. The center line of said easement is described as follows. Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said lot 1 a distance of 118.69 feet to the beginning of the center line to be described; thence easterly deflecting to the left 76 degrees 28 minutes 50 seconds a distance of 33.07 feet; thence easterly deflecting to the left 20 degrees 48 minutes 51 seconds a distance of 479.82 feet; thence southeasterly deflecting to the right 60 degrees 46 minutes 12 seconds a distance of 27.69 feet; thence easterly deflecting to the left 52 degrees 33 minutes 09 seconds a distance of 28.73 feet; thence southeasterly along a tangential curve, concave to the southwest, having a radius of 40.00 feet, a central angle of 78 degrees 49 minutes 13 EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this ? day of 1 h ,, c r% , 2004', by and between AMB Property, L. ., a under the laws of the State of Delaware, party of the first part, an the City Edina, a municipal corporation organized under the laws of the State Minnesota, rty of the second) part: P. I; rh; 4 .J Pri-herr1:p WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part an easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 1, Block 1, Braemar Business Center according to the recorded plat thereof. The center line of said easement is described as follows. Commencing at the northwest corner of said Lot 1; thence southerly along the west line of said lot 1 a distance of 118.69 feet to the beginning of the center line to be described; thence easterly deflecting to the left 76 degrees 28 minutes 50 seconds a distance of 33.07 feet; thence easterly deflecting to the left 20 degrees 48 minutes 51 seconds a distance of 479. 82 feet; thence southeasterly deflecting to the right 60 degrees 46 minutes 12 seconds a distance of 27.69 feet; thence easterly deflecting to the left 52 degrees 33 minutes 09 seconds a distance of 28.73 feet; thence southeasterly along a tangential curve, concave to the southwest, having a radius of 40.00 feet, a central angle of 78 degrees 49 minutes 13 seconds, a distance of 55.03 feet; thence southerly, tangent to said curve, a distance of 168.00 feet; thence southeasterly deflecting to the left 25 degrees 54 minutes 12 seconds a distance of 11.41 feet; thence southerly deflecting to the right 35 degrees 29 minutes 59 seconds a distance of 128.00 feet; thence southeasterly deflecting to the left 26 degrees 27 minutes 08 seconds a distance of 16.12 to a point on the southeasterly line of said Lot 1 distant 13.72 feet southwesterly from the southeast corner of said Lot 1, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of Tam., 4,7 , 2001: GRANTOR: AMB Property, L.P. By: Title:sf,--/- /'r a A gj e GRANTEE: City of Edina By By THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 1' ' C i l.! SQ t WI ) SS COUNTY OF HENNEP1N) The foregoing instrument was acknowledged before me this day of V1A1u^ , 200i-, by C In vi.s1?u r Ittrit urns , the A2,Qk Vi onu , of AMB Property, L.P., a Delaware limited partnership on behalf of said partnership. Notarial Seal) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument s acknowledge before me this , i day of ?c 'iii `Je-' , 2001, /641/ S F /Jl / z01-// , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. ss sAmAANWWWWWWWWWWWIMAAMs DARLENE R. WALLI r NOTARY PUBLIC-MINNESOT Commission Expires Jsn. 31, 2005 Notarial Sett STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) thL&` Notary Public p The foregoing instrument was acknowledged be ore me th•is D day of (J%CCE 16- E fc-- , 2001, by '6Y'voiki L - Lt frf6' _S , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. ESOTA C (. My Commission Expires Jan. 31, 2005 Notary Public Notarial Seal) EXHIBIT A NOIONIWOOla JO AlI3 PUBLIC WALKWAY EASEMENT L. TO: City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826-0371 CB Richard Ellis 7760 France Avenue South, Suite 770 Minneapolis, MN 55435 ATTN: Tony Aspholm 1- 1 ITEM(S): PURPOSE: NO. COPIES DESCRIPTION 4 Revised Easements REMARKS: Tony: DATE: 17-Dec-01 PROJ.: Braemar Pathway PROJ. NO.: 00-03PK As you requested 0 Review and return For your information Reply to sender I For your approval 0 Other (see remarks) Please have the proper people sign and return to myself. Thanks FROM: TELE: s1 Wayne D. Houle, PE Assistant Public Works Director 952-826-0443 master copy in g:/outside/transrnittal form.xls TO: City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826-0371 CB Richard Ellis, Inc. 8000 West 78th Street, Suite 150 Edina, MN 55439-2534 ATTN: Ms. Barb Sorenson 411— A ITEM(S): PURPOSE: NO. COPIES DESCRIPTION 1 Frontage Road Plan REMARKS: Barb: DATE: PROJ.: PROJ. NO.: 18-Apr-02 Braemar Pathway PK 00-03 O As you requested Review and return O For your information Reply to sender For your approval Other (see remarks) This is all I have that shows the slip ramp remaining. Also, the other easement has been signed so we will proceed to complete the pathway in May or early June. Thanks FROM: 427 Wayne D. Houle, PE Director of Public Works / City Engineer TELE: 952-826-0443 email: whoule(a7ci.edina.mn.us master copy in T./outside/transmittal form.xls NLIW, k. aNH ISM V 1110AYI Tinaito i10.il `),:ki .,0 i li Lt.! '.,L.:1.7! L'-i.3 Nw 'Qu!P 1 ,, I i ,',, -, I •: ,i,..L, i',-3,`, ilidv v VNI(Iff A.L.13 '-z-.:' IIVZII NVIHIS3aad linos HVNIHVZIE1 Lsose 1,,, ,.ic 711.VCI 6.1 kti6i3S az o iir'. tf.AeS Z 1 g 4 ;.-.... Cg b 4 VelV4.1-31 Ad 711 Vt IN S.Jfv,,Pi, X., 11,,,S Jt11 Ivi.K.,IS iP,.3.1 ',;,1;,:,11,,,It.)i,:l i. 1,.,Ill dj,..h,lt 1 ' to j .,,Y% L1"; , L., r` lTV 1- 1MTKI A I. CITY OF BLOOMINGTON- SEE PATHWAY DETAIL ------ _ dOOD STEPS ON SHEET 2 BY OTHERS C.) ES 2..."-- e ^ PARKING LOT TRAIL SIGN 77°° - 7768 SHARED PARKING LOT 1 TRAILIN4i' i 7 11i q t r . i i 4 Ili., i o 1___ .1. •, • f ;/1 kti U al L- 4.i4 , . • ii i , 1; I I 1Zi]tar 7 • .. il ' Vo.'$. I „ i.‘ 11 IR • '.. • ' . a df I` L,...'..-^ tt 1 , r , , . • .. rii A , \ I 1 ' I i I \ II i4 , I. ' i ._ . :__ , . _ .. NOIDNINIX1711 JR A113, 17#11arkl ATIj — 4.----- f: 11 4 I I In V- - :..- i Ili 4; pii Iai•-• w 1.113 4444 r CRUSHED BI1 BOARDWALK) D WETLAND H ST w A A 2 0 Ce0LI J 6 LJ Z 1 T C IA' tAll 1-1a3:1-.3:11-il: 1 i- I— N' IA:II i. t, ttitialyttillt,-cti,11 IA 1.11,1 V.1-471I: I < Z 0 I— a- I-- t-/ Z ZyD....1 0 X 0 Ll fc,,,,,, 4"::“. • 1 SNDMA-3N SANVW3N AQ 1N Qua pisa Lno t nano VAIIGH ,IO IUD II 2IZ NVI LLS3Qad HM1OS IVN VI5 LSO§a TPA Yid I JNL 1 11111 :i I trvlz)NJ 11 Ii! V I YVV I L'v'111. t]NV d JJ1r' I(l Jr J+JN! t1 UJ< < 1JJ n NV Id 5Ii-L LV t[ %JLLNJJ :.BJdJN I ai'cC ca 2 C.2 N010NI1400la 40 AlI3 VNIQ3 40 A1I3 4a Nei H O < a- H LD UZ W 1Z z -I O U LJ ti le pis (U J<I— W W AA2 IX V) Q W W Z R1VeO g S 11 tY>11 13:3:3 7 L &J: 1_1<L 1J.:1_t_L.t1 t,'7 1::1.t 11 t.j j:i 1 ttL111J 11I--1;1 HD,L BLOOMINGTON J rr L.1_ A a U F- --W H a L V) W Z V) O L J1 w+ 1— M CQ PATHWAY ( CRUSHED J Q ZLo I—V) PATHWAY ( BOARDWALK) 1 DELINEATED WETLAND 8000 78TH ST CO C) l I Sra.'21.1\1:Fd 71.1,VG SwllVLaU QNa Isva VIVI(LY AID HJJJOS ' HVHLL NVIZIISHad HVNIT/HEI 14 1,1,1 'iv pi I 1.,v.1123,1 v,., 1,4v I 1., t11./ ,111 4. g J CY< 0 PATHWAY ( CRUSHED BIT) PATHWAY ( BOARDWALK) DELINEATED WETLAND J Z4:C 1- 0 FUTURE PEDESTRIAN TRAIL 0/Gel J>ivi 9 a J 0 0-1 Z a. ce0LaiLyifYs-s 1- 0 1- x 0 1-- 1=1 0 0 >... 0 pq 1 HSflff LT) P 1 Lr.. jIj Li l_LJ 1 ILrJ V) L V) LJ1 7JLi01- LJLL. 2- vL-7 ,L)) ) L. J L) 1..„ ; [7:„I I:1- t.-1-i j 1,1 .-1. Cl-,,, I. ,, f..Y. LY L.,...! ;,- Li LI, LI-1 LI.. 1-. L. ,..-.--) (.1., LLJ --'- I- — -,, (..,1 I.') -1.- L ) N: L1LiL.) EL i--- -.,--J 1 ,1,' Z ,...--1 -11: F--,, 1. 11111.J F - C. ) ,L "4-, , i -2: 1Z —,,. -.15. CIT'. (7) ,.1- 1,1- .,-., l L. —..) li ? Ci 1:172, , Cv.) LI. 1.— ) 01-1 LT? 4. ak PATHWAY SNUISIKid ixavyna Aff V(1 UR ISM 1,110A.Y1 IMMO ILL.0 1‘16,1 ow, tr;rk-7.z..1 VATIaff JO IL19 NVIILSaaad HMOS HITINHATEI isosa ur 'Jib v 11,., Jr1,1 I 'HI, 1,1N,1 ,NON 16 11,11) -NI I, 1,I4V l(INV t.t1 NV 11 11,1 1VItt 3118J.) 111 .18.NI I II I in 1ItIN „„,e : JA! I ) i z i I i / It 1 •If r r Vi I I 1 rit,,, 1 a , cAia Tor ttithe A a•I NapN11413c1111 JO A113 tiNK13 40 A113 — — — 1111,V11 11 LJ J 1- 1-- .cr 1-4 U I— I— I—. Lai 1—I tr La 11. La0 W Z V) 0 1 It rxl, Cti I-- 41 I-- 41 1=1 A X IX 0 6 biz sJ A I st 2 A * •-t: LI 3 -A:A ‘ . I- ...i.,•' I.3.1.111.1.111.12:1 -I ,t, tr. iL, L. t_t: tiLLLI -1-11:11 - ill i Ftt 1 L1J-- cl:-. ALiCQ -(S.' 06C . 0 Z A Z 0Zi-i D X 1 L3 LaJ z LLJ r— CL LIJLLJ 0 0 > 0 cca za ce I-- PATHWAY ( CRUSHED PATHWAY ( BOARDWALK) Z I—V) DELINEATED WETLAND 0 J A I-62' La F.. .cr IX IC Ce 70 1- 00 CD CD X) CO 0 CD Stint/V-2;6 1;4. siiviaa UN3 Isva 141 VAll(LY iO AlL9 NVIHISaaad HE1OS HITNIT/HEI Lcitt LIN VL I 1 J iil a 2 CV b CV Uj CUj PATHWAY ( CRUSHED BIT) PATHWAY ( BOARDWALK) DELINEATED WETLAND FUTURE PEDESTRIAN TRAIL W 78TH ST 03 a't Qua 3>IV1 HSflff 0- Ix w xGI 0 )- 0 pq t, t L SNCIISL13d 11IV tN 911 Jtvu gNHisai mom man uUz u „ 11;13v VNICIff JO AID II'ILL NVIaLSa d HJJ1OS HV} IV IU Y J 3 3 A Z00¢ WWI —a ID ZH 0X I Irfi:2lL i'r'!! c Y N rjs W W A A 2 V1 Q W O W Z Co? 111 1 i'1 t 11.j;_y 3 LCl_Ia_GLt.L1_ LiUaLt :3.:• tl:7.YL.Cf:Li'1=1- I LII JIJI `i31 JIJI Iv Nur,. : iU. U UTZ: J1.I:). 3Z.1 II ill , V9v 11v111 (]NV nS 1i.Yr 'Ut(1 1 i, U31V ?j '2;VN Nb' Id 1.'vrtl :.J:,LJJ:1 ,l8138.311 0 It W o a cu i- H W L-+ Q d N W W Z Vl O L v PATHWAY ( BOARDWALK) aZ H 0 DELINEATED WETLAND N a SlIVIaa aN3 ,LSVa VIVIlifff JO ALLI3 '‘'-'-',-'-' lIVUI NVIHISHaad 11,1,110S HV14131/2111 1.'S.i5.ZAeSeg 8 k8 ---iiVO ON J . „, : „tti ,,,,,, L •' , , 1 1 J / 1".. Z 0 1—(' o 4 0JA 0- ixLaw0 -I Lai s-4 4Z 1 in 1 0 In CO , v ce , / g i_ • ) i ..-) l... ) 0 le• ,. ,, , SO , IZ 0 1. , 1- - Li opir, r a ,..i. z i 5." I Lk'. L-- -.1._ L., i- ......... 4. i, Cr LI': II: , i_ J Z 0I i Z t C0L0—aD_1I J I-- zrI 1-- 1 U 0 , 1 , ,.,,•,., l'-. i---1 .-I <1: (.1. j • . L.L. 7 D.: i 7 Li • Lti L.' L • '''- ::_p --"J Li J -. • 1 i - ..* ty'' ' k...3 LA Clu'-.,. LjL' dI„,--- N. L1J Li- 4.-'.-"-.-_,-';,-.'•11 0L,JI- LJ-J,, I' L,( I.',,',..-,- . z. Llza LJ 1). i1. a.-- --1 i JZC-' --1- ( ILI.l-,_-.,- 4tr... Vil () 10 I) v- Z il u Lj1a Z 41sr!. I-Z.- W Vs g 6=1 WIzACL 2AI- w ot .... ad 3>N1 HSOG i OP o ce w M 0 P:1 pi Li I- I-- -I 7 ! 0 n , . ti... .. LI LI I- i r. v. v.v.r. w. v.v. wo.www. w. v. v. v.,.... • 4' CRUSHED BITUMINOUSo W s•- i , Lal IV) I- ttl 2.-.;',....•- , i • 0 A D HaliVil ' 0 -1 3 , 4.11 JIVCI IN TINKLY JO AID NVIHISTaad HE1OS Lsosa ;!16 J1,1,1,1 0 t,71 C-2 HXLVY 1- 0 _I Z 4:r J IX NC IX Q ff. 03I— 0 Z r•-• LI LJ 4:( 4Z 0- V) LI $441 LI X 0 W 78TH 0 v aa 3>IV-1 Hsna Q 7 L L. 1. tC.:)1 J • LJ LL Li L_J LI.. (.) 124 L71 i A J LL J LLJ 11 PATHWAY SWOISIAid QNa'1 ISMism no o I til it y 1 l 'o Idy r "' l l `- ',tit, , 'Jl i l ( 1{ lu NIQY , O At10 Yw IIV 1L N'I2IZSaaad W HZllS J 5 hi, ' I1 va L' 55R o o 1 1 I L ._ 1 i, I.ta t c glb C12 vmI vl SYaVW: 9 AEI it U1'LN 1. t u. ttt, I till 1 IlIN i '.I 1111 lll:I IVI l . U L It dS III, , v , VII _INA 1 Ors, i l .1i I NII l tia 1 LI it I. V ii it Vh INV I, t` nit . l'IS'3:; 1.8]:,JN I U CITY OF EDINA CITY OF EDINA / I r YOy lra CITY DE EDINA I = C _ —' CITY OF BUNININOTON T' G; _ Ag NMI i air e zr... ire ur a 4' , PIIIMMINII MIL kl,: k. MO 7en sT v - -- - - i gar ' 1 - ( noc - nse a MS. 1 \ 4 I= A, I aasas -_ zF / r W.` t' / v rn sr ' I6 I r k. Yyrk _ IJ 10 i1Vi t L .. ..._ f I 1 I I - v7s' S • - x I 494 CITY ri — EDINA CITY F BLEGMINGTON _____ SEE PATHWAY DETAIL E" N SHEET 2 WOOD STEPS A: BY OTHERS r ym, w. Mt , r' ' rr x stir 7._:-: E' s— T_":_- I' u = ,,. x"` , x . TRAIL ems. SIGN kai ' -. 1.-, 4a..' OVCURB STOPS 4' TOSOUTH PPEPARKINGSTALLS__ _ ARKING TRAIL ..`" LOT 7o0- d 7BTH ST / SIGN SHARED PARKING LOT I N RUSHED BIT) ' BOARDWALK) 1 WETLAND i ST ` w' Y1- 4 J < I- 41 A 2 Ce V) 4. Y OWZ 1 a 3 3 a O a 1— 0 I= 1XA Q W A r: 1; r l r etc ti S<G 4 LY 11Y:1': I-t Y 1 j 7':i f.Cl"_LI_I: Li 11.1.11 t' ilL/11.111i'F'11:1.1 1'C:C.t :C1_11 "1 t11- 4 I 1 SNDISI/AN gNittikai AEI aNa Ism L11021Y1 TIVIIHAO I I Or) [tjt A,LI3 1IVZII NVIHISaaad HMOS HVIIHVZIII sosa 'UN ;YidiU Jiil L1,1,11,111 iNr„)N,I Al V Yi',/ IL NV u tL V 1, Iva! A11.2.13,) A.L1Jei.111 i=1 ( 8 V 6 173 u at CITY OF EDINA- Is !if 4 gt, 441 t.„\ tontl- A r NOIDNIII0010. 40 A1.13 . VNIO3 .16 AUO Y J el- A X Ce o < z o I- LI PI 1.3 Z La 1--'. 0 OX •,. liltL.) Ll t,1 1111 1-1-1.1-1ti. LILL L I, t_t:tiLL,I.-L.Lttlt.3 Li& IA 141.i Et" k' OF EDINA HDIVN BLOOMINGTON 1.• 1---I 4tr LAJ U a- LJJ Z V) CM 1 4.4 PATHWAY ( BOARDWALK) fr O. 0 I 0, I I- ,r J CAI 4 V) 0- Z 1-1 D1 0 IX' G\ ce , CL: C7)i 0 Li X M DELINEATED WETLAND 1-- v) co cD 2) co jiiA 121V1,11.`1 fljU JN SlItLaa CIO LISVH KVITYJO AIL) --\> NYIHISHaad HEIOS ZPINT/HEI 8 1! .LIJI1 PATHWAY ( CRUSHED BIT) HDIVN PATHWAY ( BOARDWALK) DELINEATED WETLAND t 7/ s-4 I— 0 FUTURE PEDESTRIAN TRAIL W 78TH ST f. 4 6.aa j>ivi Hsn0Iti;L 11 11 1 Li '3 LJ aI ; 4L LL ce 12- LEJ Li) i - L CY CL Cl_ i...J CD Li. SI') ft (0 PATHWAY A v.) LiJj ED e CY X JD 1-4 SNOISIA3a AR 31va IN 111 aNa ISM & ino c TIVII3n0 s 1 2 1 ivJJ}`J {FJ.. iSar`) llllJv VNHI3 A,LI3 li! /p 1. 1IVHZ NVI2IZSaaad HM1OS aVN Vxs N017NIN0011 .10 AlI3 VNIQ3 30 A113 44.t3.1't'{1113..i:7_id4^9i L.tt:Cl1:kit•L1_1:111'ftit f.f.i9aia-.fSiptL1'1"4==i:L1. LSO UN 11 1I1NI1 1VtsUL . iiUuci t; '?!1iSC).i `Jli h. V Y1V 'VIII (INVflli _ L i3Jll`, 12111 .l1'1 JNII dr? ed JJJ V.1 bd SVm NV Id VI1LA dJtdJ At1Jti31i i aZr I— ' it 3 E— V) T 00 N O Co Z 8 n co Lso a c3 r\ Va aNa ISVa VAIKLY AlL9 "-" HJJ1OS 1IVZ11 NVIZIISaaad HVIIHVZIEI Lose !tit •I •J0V‘ 1 0:;.! ' :1 ; flit I 8 1:3 z I T, cfrEllLJJiEJ EJ I H-- H-; r 'cp 1 1- J t.3 L1J Z " it IX I - co a_ a PATHWAY ( CRUSHED BIT) HaliVPI PATHWAY ( BOARDWALK) 11 DELINEATED WETLAND FUTURE PEDESTRIAN TRAIL A4 Ct. ceLiLa t.- PI 0 0 >- 0 Fq 91 X) la 3>idi HSFIE1 V) CL L.1 I- 0 1- 0 0 cq r-', 1- 1 it 11 1 i 7 11 LJ ftt' tc!'t L.LZJ ' 7) .> tt- CI C.-) LL L.:: L k.,-J LI? CD n Lk: y)a. (7) Li 0, Li at; LO, r V) LL 6;0 L,. Li Ls) -5 L.! J L) <1: PATHWAY DETAIL z 4.4 NLIISIA:121 SN'6V14-321 31.1 aisla ISM MOM TIVIRAO V,' V IT.) ITNI(Iff JO 4JI3 llVLL NVIHISaaad HMOS ZIVIIMEI II! h\ NOIDNIN013111 AlI3 VNI(13 .413 A/I3 ea 31 LI 11 LL, vl 1 1:713.12,1.1. .1LI 7 HaLVYi CITY OF BLOOMINGTON z UJ LL_ a 0 a LGOSi7N v 1 Pi., iv 1.1„.1 e.3 33.14 iel )1'1 01,3v,,iJ,,V N. NV I:1 1 ' 111 A 1116j., A.1J..11.1if, I V) 0. LiJ w 0 1- a PATHWAY ( CRUSHED PATHWAY ( BOARDWALK) 0 11 LE 1-- 0 0' a. z Y' z 0\ RI N MLiJC.) 13- WLLI V) 0 La I CY 0. 3,3 3 DELINEATED WETLAND co r•-• CD C> C> 03 Z 115 71.11.1.1 TIN SwilVLaa aNa ISVa VAIITY NVIZI1Saaad HEWS ZIVNI3VHS GI:6a 41E Oes u) cu 44' PATHWAY ( CRUSHED BIT) HaLITYi PATHWAY ( BOARDWALK) DELINEATED WETLAND FUTURE PEDESTRIAN TRAIL 1— LJ ZLli-":1 IX IL CY CC CC T CL elf A4 (,) el. IX 1--, 1.1.1 La 0A 0 >- 90 /XI co N c0 6° Gel 3>IV7 HSrla PATHWAY v) UJ Z CK X D F- FAX COVER SHEET ENGINEERING DEPARTMENT City of Edina, Minnesota 4801 West 50th Street, Edina, Minnesota 55424 Project Number: o03- pg. Date: co.n.40/ Time: ? taco AM 1.IL-34o - 2444 TOTAL PAGES I I MS. ti-Y a .44o ss FAX No.: TO: Organization: FROM: Subject: pet .mgY 4- LI. IITNeY LAYNG +64t.. i al:Mc:MAW Er sEMeNTT COMMENTS: r1AsiiY Pc.eaa E trolrrrAc.T &M6 AT Etri-!Iu -424W3 /f rJIss AID$ Att`,TI id - /F TAM" MO Ac tI740eAS'i Do yor itAisou MrT* 77111 Lim& Plii,t .Aytiwv rot/7 /S. PLEASE CONTACT 952-826-0371 IF TRANSMISSION IS NOT SATISFACTORY EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 4 foot easement for public walkway purposes across Lots 2 and 3, Block 1, Braewood Park according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows. Commencing at the northeast corner of said Lot 2; thence westerly along the north line of said Lot 2, a distance of 70.00 feet; thence southerly deflecting to the left 90 degrees 12 minutes 38 seconds along a line parallel with and 70.00 feet west of the east line of said Lot 2, a distance of 113.69 feet to the beginning of the line to be described; thence easterly deflecting to the left 81 degrees 28 minutes 55 seconds a distance of 8.27 feet; thence easterly deflecting to the left 8 degrees 37 minutes 41 seconds a distance of 391.38 feet; thence easterly deflecting to the right 13 degrees 37 minutes 46 seconds a distance of 26.17 feet to a point on the east line of said Lot 3 distant 118.69 feet southerly from the northeast corner of said Lot 3, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and other currently existing title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: GRANTEE: City of Edina By Its Mayor By Its City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by , the of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) EXHIBIT A PUBLIC WALKWAY EASEMENT EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 2, Block 1, Braewood Park, according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows: Commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2, a distance of 208.95 feet to the beginning of the centerline to be described; thence southeasterly deflecting to the right 25 degrees 38 minutes 14 seconds a distance of 48.38 feet; thence southerly deflecting to the right 49 degrees 00 minutes 00 seconds a distance of 35.79 feet; thence southerly deflecting to the right 7 degrees 49 minutes 00 seconds a distance of 43.56 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 16.00 feet, a central angle of 74 degrees 08 minutes 59 seconds, a distance of 20.71 feet; thence easterly, tangent to said curve, a distance of 9.19 feet to a point 70.00 feet west of the east line of said Lot 2 distant 113.69 feet southerly from the north line of said Lot 2, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any Toss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and other currently existing title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: GRANTEE: City of Edina By Its Mayor By Its City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by , the of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) EXHIBIT A o co 0 rn I!") 00 69'ETT WALKWAY EASEMENT NSP EASEMENT in I ` C4emi4pre) 0 20 40 80 N O O O CO PUBLIC WALKWAY EASEMENT October 1, 2001 Ms. Mary E. Honess Dorsey & Whitney LLP Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-1498 RE: Braemar Pathway Easements MONY Life Insurance Company Dear Ms. Honess: Attached you will find four copies of the Walkway Easements for 7900 and 8000 West 78th Street. Please process all copies and return to: Wayne Houle, PE Assistant Public Works Director City of Edina 4801 West 50th Street Edina, MN 55424-1394 Thank you for you time and patience during this process. If you have any questions or need additional information please contact me at 952-826-0443. Sincerely, 7/.4-711-) Wayne D. Houle, PE Assistant Public Works Director Enclosures City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 952) 927-8861 FAX (952) 826-0390 TDD (952) 826-0379 EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 4 foot easement for public walkway purposes across Lots 2 and 3, Block 1, Braewood Park according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows. Commencing at the northeast corner of said Lot 2; thence westerly along the north line of said Lot 2, a distance of 70.00 feet; thence southerly deflecting to the left 90 degrees 12 minutes 38 seconds along a line parallel with and 70.00 feet west of the east line of said Lot 2, a distance of 113.69 feet to the beginning of the line to be described; thence easterly deflecting to the left 81 degrees 28 minutes 55 seconds a distance of 8.27 feet; thence easterly deflecting to the left 8 degrees 37 minutes 41 seconds a distance of 391.38 feet; thence easterly deflecting to the right 13 degrees 37 minutes 46 seconds a distance of 26.17 feet to a point on the east line of said Lot 3 distant 118.69 feet southerly from the northeast corner of said Lot 3, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any Toss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and other currently existing title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: GRANTEE: City of Edina By_ By Its Mayor Its City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this — day of the 2001, by ' of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) EXHIBIT A 0 0 O 69'811 CO Y) N 0 14,00' WALKWAY EASEMENT N co LOT 2 co eco 69'£IT N PUBLIC WALKWAY EASEMENT EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 2, Block 1, Braewood Park, according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows: Commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2, a distance of 208.95 feet to the beginning of the centerline to be described; thence southeasterly deflecting to the right 25 degrees 38 minutes 14 seconds a distance of 48.38 feet; thence southerly deflecting to the right 49 degrees 00 minutes 00 seconds a distance of 35.79 feet; thence southerly deflecting to the right 7 degrees 49 minutes 00 seconds a distance of 43.56 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 16.00 feet, a central angle of 74 degrees 08 minutes 59 seconds, a distance of 20.71 feet; thence easterly, tangent to said curve, a distance of 9.19 feet to a point 70.00 feet west of the east line of said Lot 2 distant 113.69 feet southerly from the north line of said Lot 2, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees, officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and other currently existing title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: GRANTEE: City of Edina By Its Mayor By Its City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by , the of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) EXHIBIT A 69'E11 ! ON in O CD OU O CD1- O H o Q r , al CD( c I, p II U 6 0 o O eX - ram WALKWAY EASEMENT EASEMENT 0 Z U) N 0 20 40 80 N O O CO 9 9 i 1PUBLICWALKWAYEASEMENT September 21, 2001 Mr. Scott Johnson Ecel Energy 414 Nicollet Mall Minneapolis, MN 55402 RE: NSP Easement Consent 8000 West 78th Street Edina, Minnesota Dear Mr. Johnson: The City of Edina is in the process completing the Braemar Nature Pathway located in the southwest quadrant of Edina. To do so the City needs to acquire a public walkway easement from the property owner of 8000 West 78th Street. This proposed pathway easement will encroach on the existing NSP easement. The City of Edina is requesting Ecel (NSP) approval or consent prior to the City obtaining the public pathway easement from the owner. I have attached a proposed copy of the easement for this pathway along with a copy of the plans. We would like to construct this pathway as soon as possible. Please contact me directly at 952-826-0443 if you have any questions or need additional information. Sincerely, Glr N AM** DI Houle, PE Assistant Public Works Director Enclosures c: Mary E. Honess — Dorsey & Whitney LLP City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 952) 927-8861 FAX (952) 826-0390 TDD (9521 826-0379 TO: City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826-0371 Dorsey Whitney 2200 First Bank Place East Minneapolis, MN 55402 ATTN: Ms. Mary E. Honess 4- 4 ITEM(S): PURPOSE: NO. COPIES DESCRIPTION DATE: PROJ.: PROJ. NO.: 4 7900 West 78th Street Easement (revised) 4 8000 West 78th Street Easement (revised) 1 copy of letter to Scott Johnson REMARKS: Mary L 23-Sep-01 Braemar Pathway As you requested 0 Review and return For your information Reply to sender O For your approval 0 Other (see remarks) Attached is the revised easements. Scott Johnson of Ecel is working on the consent portion. Please call with questions. Thanks FROM: TELE: fire i'' Houle, PE Assistant Public Works Director 952-826-0443 master copy in g:/outside/transmittal form.xls EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 2, Block 1, Braewood Park, according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows: Commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2, a distance of 208.95 feet to the beginning of the centerline to be described; thence southeasterly deflecting to the right 25 degrees 38 minutes 14 seconds a distance of 48.38 feet; thence southerly deflecting to the right 49 degrees 00 minutes 00 seconds a distance of 35.79 feet; thence southerly deflecting to the right 7 degrees 49 minutes 00 seconds a distance of 43.56 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 16.00 feet, a central angle of 74 degrees 08 minutes 59 seconds, a distance of 20.71 feet; thence easterly, tangent to said curve, a distance of 9.19 feet to a point 70.00 feet west of the east line of said Lot 2 distant 113.69 feet southerly from the north line of said Lot 2, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any loss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and, then title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 4 foot easement for public walkway purposes across Lots 2 and 3, Block 1, Braewood Park according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows. Commencing at the northeast corner of said Lot 2; thence westerly along the north line of said Lot 2, a distance of 70.00 feet; thence southerly deflecting to the left 90 degrees 12 minutes 38 seconds along a line parallel with and 70.00 feet west of the east line of said Lot 2, a distance of 113.69 feet to the beginning of the line to be described; thence easterly deflecting to the left 81 degrees 28 minutes 55 seconds a distance of 8.27 feet; thence easterly deflecting to the left 8 degrees 37 minutes 41 seconds a distance of 391.38 feet; thence easterly deflecting to the right 13 degrees 37 minutes 46 seconds a distance of 26.17 feet to a point on the east line of said Lot 3 distant 118.69 feet southerly from the northeast corner of said Lot 3, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any Toss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employees officers, agents, representatives or contractors in so maintaining, or failing to so maintain, the pathway. This grant of easement is subject to all easements, covenants, restrictions and, then title matters of record. All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: GRANTEE: City of Edina By It's Mayor By It's City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by , of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) 09/11/01 TUE 10:47 FAX 6123402644 DORSEY & WHITNEY DORSEY & WHITNEY LLP Z001 M INNPAPOLIS NOV YORK SEATTLE DENVER. WASHINGTON, D.C. NORTWBAN VIRGINIA DES MOINES LONDON ANCHORAGE SALT LAKE CITY PILLSBURY CENTER SOUTI3 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 FAX: (612) 340-2868 www dorseylaw.com FAX COVER SHEET BRUSSELS COSTA MESA BILLINGS FARGO HONG KONC CRBAT PALLS ROCHESTER TOKYO MISSOULA VANCOUVER SHANGHAI he information contained in this facsimile message, if a client of this firm is a named addressee, or the message is otherwise intended for a client. is presumptively legally privileged and confidential information. If you are not a named addressee, or if there is any reason to believe that you mayimavcreceivedthismessageinerror. (1) do not read the rnessage below; (2) do not distribute or copy this facsimile; and (3) please immediately call us collect at the number of the sender below. DATE: TO: FIRM NAME: September 11, 2001 Wayne Houle City of Edina TOTAL # OF PAGES (INCLUDING THIS COVER SHEET): FAX #: TELEPHONE #: 952) 826-0390 952) 927-8861 TO: Bruce W. Borgeson FIRM NAME: MONY Life Insurance Company FAX #: TELEPHONE #: TO: Bill Suenkens FIRM NAME: The MONY Group FAX #: TELEPHONE #: 212) 708-2278 212) 708-2266 312) 739-1175 312) 739-1755 TO: FIRM NAME; Camilla Gunderson CB Richard Ellis, Inc. FAX #: TELEPHONE #: 952) 829-1170 952) 829-1178 FROM: TELEPHONE #: COMMENTS: Mary E. Honess 612) 340-2689 Original will be sent via: E Mail fn Messenger FAX It: EMAIL: 612) 340-2644 honess.mary@dorseylaw.com Originator's Signature Air Courier n Will not be sent PLEASE CONTACT MARION E. LAOESON AT (612) 340-2658 IF THIS TRANSMISSION IS INCOMPLETE OR CANNOT BE READ. Dof o--odi 1Anci4dd2nr1n2 09/11/01 TUE 10:48 FAX 6123402644 DORSEY & WHITNEY 1j002 MINNEAPOLIS NEw YO0.14: SEATTLE DENVER WASI.IINGTON, U.C. NOKTn Q1LN VIRCINIA 0I;S MOINES LONDON A NCI.IORAGE SALT LAKI° CITY VIA FACSIMILE DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402-1.498 TELEPHONE: (612) 340-2600 FAX: (612) 340-2868 www.dorseyUw.com Wayne D. Houle Assistant Public Works Director City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 MARY E. HOFESS 612) 340-2689 FAX (612) 340-2644 honess.mary@derseylaw.com September 11., 2001 Re: MONY Life Insurance Conlpany/City of Edina Office Buildings located at 7900-8000 West 78th Street Edina, Minnesota DRVSSELS COSTA MESA RILLINGS rAROO HONG KONG GREAT FALLS ROCHESTER TOKYO MISSOULA VANCOUVER. SHANGHAI Dear Wayne: Attached please find a copy ofthe proposed Easements for the properties at 7900-8000 West 78t1i Street which I have marked with my handwritten comments. From our prior discussion, I know you would like to start construction of the pathway in the near future. Accordingly, I am sending my comments on the Easements to you and MONY at the salve time. My comments are subject to any additional ones which. MONY may have. I look forward to hearing from you. Sincerely, Mary )ones MEH/m1 Enclosures cc: Bruce Borgeson (w. enc., via facsimile) Bill Suenkens (w. enc., via facsimile) Camilla J. Gunderson (w. enc., via facsimile) 09/11/01 TUE 10:48 FAX 6123402644 DORSEY & WHITNEY f j 003 EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRU NT, made this day of 2001, by and between Life Insurance Compan a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: c WITNESSETH, that the sai• .arty of the first part, in c sideration of One and No/100 Dollars ($1.00), to it in h- d paid by the said party of second part, the receipt whereof is hereby acknowle • , ed, does grant, bargain, sell nvey sioili !s to said party of the second part, asement in perpetuity for pub ` walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for pedestrian path purposes across Lot 2, Block 1, Braewood Park, according to the recorded plat thereof, Hennepin County, Minnesota. The center fine of said easement is described as follows: Commencing at the northwest corner of said Lot 2; thence easterly along he north line of said Lot 2, a distance of 208.95 feet to the beginning of the centerline to be described; thence southeasterly deflecting to the right 25 degrees 38 minutes 14 seconds a distance of 48.38 feet;, thence southerly deflecting to the right 49 degrees 00 minutes 00 seconds a distance of 35.79 feet; thence southerly deflecting to the right 7 degrees 49 minutes 00 seconds a distance of 43.56 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 16.00 feet, a central angle of 74 degrees 08 minutes 59 seconds, a distance of 20.71 feet; thence easterly, tangent to said curve, a distance of 9.19 feet to a point 09/11/01 TUE 10:48 FAX 6123402644 DORSEY & WHITNEY Z 004 70.00 feet west of the east Tine of said Lot 2 distant 113.69 feet southerly from the north line of said Lot 2, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now th efore, until the parties hereto agree otherwise in writing, Edina shall maintain the athway in good and operating condition without cost to the property owner and shall old the property owner and its officials,. officers, employees, agents, representatives and contractors harmless from and indemnified again loss, cost or damage or expense, including, without limitation, reasonable attorn=.es whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, he negligence of Edina, its employees officers, agents, representatives or contractors i so maintaining, or failing to so maintain, the pathway. All of the provisions hereo shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of T 2 2001. 2;r1e,tc., fie O :/ A°7otiy Life Insurance Company By: Its: THIS DOCUMENT IS EXEMPT FROM DEED TAX 09/11/01 TUE 10:49 FAX 6123402644 DORSEY & WHITNEY 005 This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 2001, by the of Life Insurance day of Company a New York corporation on behalf of aid corporation. Notarial Seal) ihcAi/ 09/11/01 TUE 10:49 FAX 6123402644 DORSEY & WHITNEY Z 006 EXHIBIT A v bp co 0 In Q 6 0 0 69'6tt m CA o00 CD o ( U CD Co o II Q CN o U II II 6ON IINrr o WALKWAY EASEMENT 0 20 40 80 LOT 2 LYING W PUBLIC WALKWAY EASEMENT 09/11/01 TUE 10:49 FAX 6123402644 DORSEY & WHITNEY r 00i 176/4 C.'/'LM8 ".6 9//0`0 EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INST ENT, made this day of 2001, by and between Life Insurance Company a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: a* L W1TNESSETH, that the id party of the first part, in c sideration of One and No/100 Dollars ($1.00), to it in nd paid by the said party of he second part, the receipt whereof is hereby acknowle ged, does grant, bargain, sell, convey, to said party of the second part eft easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 10 foot easement for public walkway purposes across Lots 2 and 3, Block 1, Braewood Park according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as 1' follows. Commencing at the northeast corner of said Lot 2; thence westerly along dthe north line of said Lot 2, a distance of 70.00 feet; thence southerly deflecting to the Ieft 90 degrees 12 minutes 38 seconds along a line parallel with and 70.00 feet west of the east line of said Lot 2, a distance of 113.69 feet to the beginning of the line to be described; thence easterly deflecting to the left 81 degrees 28 minutes 55 seconds a distance of 8.27 feet; 5141 thence easterly deflecting to the Ieft 8 degrees 37 minutes 41 seconds a distance of 391.38 feet; thence easterly deflecting to the right 13 degrees 37 minutes 46 seconds a distance of 26.17 feet to a point on the east line of 09/11/01 TUE 10:50 FAX 6123402644 DORSEY & WHITNEY Zoos said Lot 3 distant 118.69 feet southerly from the northeast corner of said Lot 3, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Nowt refore, until the parties hereto agree otherwise in writing, Edina shall maintain the athway in good and operating condition without cost to the property owner and shall old the property owner and its officials, officers, employees, agents, representatives and contractors harmless from and indemnified again - y loss, cost or damage or expense, including, without limitation, reasonable attorn es whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the negligence of Edina, its employees officers, agents, representatives or contractors in maintaining, or failing t so maintain, the pathway, All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. he4d 5lt,-„. 7724 - LAJ , GRANTOR: e• + e; Life Insurance Company et-Nevefork— By: Its: THIS DOCUMENT IS EXEMPT FROM DEED TAX 09/11/01 TUE 10:50 FAX 6123402644 DORSEY & WHITNEY Z 009 This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by s- s ct' the Company)c ..4r Yo Notarial Seal) of reel ,# rF Life Insurance a New York corporation on behalf ofaid corporation. 09/11/01 TUE 10:50 FAX 6123402644 DORSEY & WHITNEY lj olo EXHIBIT A OF EDINA WALKWAY EASEMENT PUBLIC WALKWAY EASEMENT MINNEAPOLIS NEW YORK SEATTLE DENVER WASHINGTON, D.C. NORTHERN VIRGINIA DES MOINES LONDON ANCHORAGE SALT LAKE CITY VIA MESSENGER DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 FAX: (612) 340-2868 www.dorseylaw.com Wayne D. Houle Assistant Public Works Director City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 MARY E. HONESS 612) 340-2689 FAX (612) 340-2644 ho ness. mary@dorseylaw. co m September 6, 2001 Re: MONY Life Insurance Company/City of Edina Office Buildings located at 7900-8000 West 78th Street Edina, Minnesota Dear Wayne: BRUSSELS COSTA MESA BILLINGS FARGO HONG KONG GREAT FALLS ROCHESTER TOKYO MISSOULA VANCOUVER SHANGHAI Pursuant to our telephone conversation yesterday, I enclose for you a copy of the ALTA Survey which was prepared by Egan, Field & Nowak, Inc. in 1999 for MONY Life Insurance Company. In addition, I also enclose a copy of easement Document Nos. 3644604 and 3648628. The documents as well as several others contain an easement in favor of Northern States Power over the northerly 75 feet of the property. Pursuant to the terms of the easements, you will need to obtain NSP's consent prior to placing any structure on the property. Your plans indicate that a boardwalk would be constructed across the easement area in favor of NSP. When I measured the location of the easement against the ALTA Survey, it appeared to me that the easement might encroach more than a few feet into the bituminous area. While MONY Life Insurance Company is supportive of having the walking trails on the property, it DORSEY & WHITNEY LLP Wayne D. Houle September 6, 2001 Page 2 cannot afford to lose any parking at the property. Please have your surveyor re -confirm the location of the easement in relation to the edge of the parking area. Sincerely, Mary E. Honss MEH/ ml Enclosures cc: Bruce Borgeson (w.o. enc., via e-mail) Bill Suenkens (w.o. enc., via e-mail) MARY E. HONESS 612) 340-2689 FAX (612) 340-2644 honess.mary@dorseylaw.com September 6, 2001 VIA ELECTRONIC MAIL MONY Life Insurance Company 1740 Broadway New York, New York 10019 Attn: Bruce W. Borgeson City ofEdina 4801 West 50th Street Edina, Minnesota 55424 Attn: Wayne Houle Re: Office Buildings Located at 7900-8000 West 78th Street, Edina, Minnesota Dear Messrs. Borgeson and Houle: MONY Life Insurance Company and the City of Edina have asked Dorsey & Whitney LLP to represent each ofthem in connection with a walking path easement at the above - referenced properties. As we have discussed with each of you, the interests of MONY Life Insurance Company and the City of Edina are potentially or actually adverse for purposes of professional rules. We are writing to confirm your approvals of the goals and the terms of our representation. MONY Life Insurance Company and the City of Edina have differing individual interests which are actually or potentially adverse. We cannot advocate for either of you against the other. If contentious disputes or litigation would develop between you, we could not represent either of you in the disputes without the consent of the other party and, in any event, even with consent, we could only represent one of you in the disputes. We understand from our consultations with you that MONY Life Insurance Company and the City of Edina consent to our representation of both clients in this transaction. We further understand that each of you agrees that if, in the course of this matter, either client retains MONY Life Insurance Company City of Edina September 6, 2001 Page 2 separate legal counsel, as is your option at any time, we may continue to represent the other. In any event, MONY Life Insurance Company and the City of Edina agree that our representation in this matter will not disqualify us from any representations of MONY Life Insurance Company and the City of Edina on matters not related to this matter, so long as such unrelated matters do not involve litigation against MONY Life Insurance Company and the City of Edina. Please confirm the consent of MONY Life Insurance Company and the City of Edina by signing the enclosed counterpart of this letter and returning it to me. Sincerely, Mary E. Honess MEH/ml Enclosure cc: Jerome P. Gilligan Confirmed this day of September, 2001. MONY Life Insurance Company By: Its: Confirmed this 17 day of September, 2001. City of Edina By: 09/25/01 TUE 12:09 FAX 6123402644 DORSEY &1VHITNEY Zoo]. MINNEAPOLIS NEW YOP.X S ATTLE DENVER QASHINGTON. D.C. NORTHERN VIRGINIA OAS MOINES LONDON ANCHORAGE SALT LAKE CITY DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 Ax:(612) 340-2868 www.dorseylaw.com FAX COVER SHEET mivasau COSTA MESA BILLINGS FARGO IONG LONG GASAT PALLS ROCIi sTER TOKYO MISSOULA VANCOUVER SHANGI.IAI rhe information contained in this facsimile message, ifa client ofthis firm is a named addressee, or the message is otherwise intended for a client, isresumptivelylegallyprivilegedandconfidentialinformation. If you are not a named addressee, or if thcrc is any reason to believe that you maylavereceivedthismessageinerror, (1) do not read the message below; (2) do not distribute or copy this facsimile; and (3) please immediately call us ollect at the number of the sender below. DATE: September 25, 2001 TOTAL # OF PAGES (INCLUDING THIS COVER SHEET): / TO: Wayne Houle FAX #: (952) 826-0390 FIRM NAME: City of Edina TELEPHONE #. (952) 927-8861 FROM: Mary E. Honess FAX #: (612) 340-2644 TELEPHONE #: (612) 340-2689 EMAIL: honess.mary@dorseylaw.com COMMENTS: Wayne, thanks for the revised Easements and your letter to Scott Johnson. I have reviewed theEasementsandnotedthattherewerejustafewtyposthatstillneedtobecorrected. I also notice that you have used the phrase "thcn title matters of record". I would prefer to say "other currently existing title matters of record" because that is more clear. I have no issue with limiting it to currently existing title matters. If youwouldpleasehavetheEasementsrevisedandthecorrectedversionfaxedtome, I can review and approve them before you send me the execution copies. Thanks for your assistance. Original will be sent via; E Mail nMessenger Originator's Signature Air Courier X ! Will not be sent PLEASE CONTACT MARIQN E. LAGESON AT (612) 340-2658 IF THIS TRANSMISSION IS INCOMPLETE OR CANNOT BE READ. Reference# 16O8JR4410i2OR DORSEY & WHITNEY Zo04 09/25/01 TUE 12:10 FAX 6123402644 GRANTEE.. City of Edina By Its Mayor By It City Manager 1,19 Asti 05 1 11\7hP/-' 1 ?("Qum THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina4801VV. 50th StreetEdina, MN 55424 STATE OF MINNESOTA) SS OF HENN`EPIN) day of COUNTY before me this of MONY foregoing instrument was acknowledgedration. The f id corps2001, by on behalf of sa Life Insurance Company, a New York corporation O SS e SS i , Notarial Seal) 09/25/0. 09/25/01 TUE 12:10 FAX 6123402644 DORSEY & WHITNEY l 1005 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) 09/25/01 TUE 12:10 FAX 6123402644 r DORSEY & WHITNEY E 006 EXHIBIT A in CO c, 1 69'Ett ON ON U) Cb o^( 1JO l0o II CD ON 0' 1 p II II d II a o f J E— A m r Ic I I 3 N WALKWAY I -- EASEMEN T V) 1 O CO I- }--1 Z IwLio V) 1 , o 0 W i,I CO ri In 1I\ I 0 20 40 80 011111111. PUBLIC WALKWAY EASEMENT 09/25/01 TUE 12:10 FAX 6123402644 r DORSEY & WHITNEY Z 007 EASEMENT FOR PUBLIC WALKWAY PURPOSES THIS INSTRUMENT, made this day of 2001, by and between MONY Life Insurance Company, a corporation under the laws of the State of New York, party of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part: WITNESSETH, that the said party of the first part, in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does grant, bargain, sell, and convey to said party of the second part a non-exclusive easement in perpetuity for public walkway purposes in, under, and over the following described property situate in the County of Hennepin and State of Minnesota, to -wit: A 4 foot easement for public walkway purposes across Lots 2 and 3, Block 1, Braewood Park according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows. Commencing at the northeast corner of said Lot 2; thence westerly along the north line of said Lot 2, a distance of 70.00 feet; thence southerly deflecting to the left 90 degrees 12 minutes 38 seconds along a line parallel with and 70.00 feet west of the east line of said Lot 2, a distance of 113.69 feet to the beginning of the line to be described; thence easterly deflectingtotheleft81degrees28minutes55secondsadistanceof8.27 feet; thence easterly deflecting to the left 8 degrees 37 minutes 41 seconds a distance of 391.38 feet; thence easterly deflecting to the right 13 degrees 37 minutes 46 seconds a distance of 26.17 feet to a point on the east line of 09/25/01 TUE 12:11 FAX 6123402644 DORSEY & WHITNEY said Lot 3 distant 118.69 feet southerly from the northeast corner of said Lot 3, and said center line there terminating. As shown on Exhibit A attached hereto and made apart hereof. Now therefore, until the parties hereto agree otherwise in writing, Edina shall maintain the pathway in good and operating condition without cost to the property owner and shall hold the property owner and its officials, officers, employees, agents, representatives, tenants and contractors harmless from and indemnified against any Toss, cost or damage or expense, including, without limitation, reasonable attorneys' fees whether suit be brought or not, due to any claim or demand arising out of or claimed or alleged to arise out of, the pathway or the negligence of Edina, its employer icers, agents, representatives or contractors in so maintaining, or failing to so mai n, the pathway. This grant of easement is subject to all easements, covenants, restrictions an pen title matters of record. a4-1..CA-4-4-,VA'n.ilbt)...11")C1 Srh,d All of the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has executed these presents this day of , 2001. GRANTOR: MONY Life Insurance Company By: Its: 09/25/01 TUE 12:11 FAX 6123402644 DORSEY & WHITNEY Z 009 s 135` U s4`v ossz rn r' r GRANTEE: City of Edina By Ifs Mayor By I s City Manager THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: City of Edina 4801 W. 50th Street Edina, MN 55424 STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2001, by , of MONY Life Insurance Company, a New York corporation on behalf of said corporation. Notarial Seal) 09/25/01 TUE 12:11 FAX 6123402644 DORSEY & WHITNEY l oio STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS The foregoing instrument was acknowledged before me this day of 2001, by , the Mayor of the, City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001,by ,the City Manager of the City of Edina, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Notarial Seal) 09/25/01 TUE 12:11 FAX 6123402644 DORSEY & WHITNEY Zion I c5 N ao M EXHIBIT A 69'8TT 1- z w w d z in b 0 P-1 14.00' WALKWAY EASEMENT. LOT' 2 69'CIT I CD N PUBLIC WALKWAY EASEMENT z 1 8: TO: City of Edina, Minnesota ENGINEERING DEPARTMENT 4801 West 50th Street, Edina, Minnesota 55424 (612) 826-0371 CB Richard Ellis Braemar Office Park 8000 West 78th Street, Suite 150 Edina, MN 55439-2534 ATTN: Ms. Camilla J. Gunderson, CPM, CCIM ITEM(S): PURPOSE: NO. COPIES DESCRIPTION 6 proposed parking lot REMARKS: Camilla: DATE: 4-Apr-01 PROJ.: Braemar Nature Path PROJ. NO.: As you requested 0 Review and return El For your information 0 Reply to sender 2 For your approval 0 Other (see remarks) Please contact me at 612-826-0443 if you need anything before 9:00 AM this morning otherwise call me at 952-826-0443 and I will return your call this afternoon. Thanks FROM: TELE: Wayne D. Houle, PE Assistant City Engineer 952-826-0443 master copy in g:/outside/transmittal form.xls H I January 17, 2001 Mr. Robert Obermeyer, PE Nine Mile Creek Watershed District 4700 West 77th Street Minneapolis, MN 55435-4803 RE: Boardwalk Funding Braemar Pathway City of Edina Dear Mr. Obermeyer: The City of Edina requests Nine Mile Creek Watershed District funds for a portion of the proposed boardwalk to complete Braemar Pathway in the City of Edina. The proposed boardwalk will consist of a rigid foam -filled polyethylene boardwalk system that will eliminate impacts to the wetland that it will be crossing. The total estimated cost for this boardwalk is $54,000. The City of Edina is requesting funding for up to fifty -percent of this cost, for a total of $27,000. This funding could be reimbursed to the City over a period of time as set by the NMCWD. If you have any questions or need additional information please call me at 952-826-0443. Sincerely, Wayne D. Houle, PE Assistant Public Works Director c: Fran Hoffman - City of Edina John Keprios - City of Edina John Valliere - City of Edina City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 612) 927-8861 FAX (612) 826-0390 TDD (612) 826-0379 NA-02622 (W540) Rev. 4/99) Application for a Permit To Work In Public Waters or Public Waters Wetlands Statutory Authority Minnesota Statutes, Section 103G.245 makes it unlawful for the state, any person, partnership, association, private or public corporation, county, municipality or other political subdivision of the state, to change the course, current or cross-section of any DNR public waters or public waters wetlands without a written permit previously obtained from the Commissioner of Natural Resources. WARNING- Proceeding Without a Permit Any work in DNR public waters or public waters wetlands which requires a permit cannot legally be started until a permit and a Notice of Permit Card have been issued by the Department of Natural Resources. Any work in public waters or public waters wetlands without a permit is a misdemeanor and is punishable by fines up to $700 and/or 90 days in jail. The Commissioner also has the authority to require restoration of any work done without a permit or beyond the work authorized by a permit and shall assess double the additional application fees, as well as the actual cost for any field inspection. You should also be aware that other federal, state and local permits may be required, which are your responsibility to obtain. Who Applies Application must be made on the attached form and submitted to the Department of Natural Resources Regional Office for the area where the proposed project is located (see map on last page). 1. Application must be submitted by the riparian (shoreline) owner of the land on which the project is proposed, except: a. A government agency, public utility or corporation authorized by law to conduct the project may apply if the property rights acquired or to be acquired are fully described in the application. An authorized agent should be identified on the application in Part 1 and sign in Part XII. b. A holder of appropriate property rights such as a lease or easement may apply provided that the application is countersigned by the owner and accompanied by a copy of the lease or other agreement. A permit will be issued for the term of the lease only. c. A prospective lessee of state-owned lands may apply for a permit in their own name after a lease has been requested from the Department responsible for the affected lands. The lease request and the permit application will be processed concurrently. Fees Minnesota Law requires the Commissioner of Natural Resources to collect certain fees for the processing of public waters work permits. No DNR permit can be processed until all application fees have been paid. Fees must be paid by check or money order made payable to 'Department of Natural Resources ". Cash payments cannot be accepted. Application fees can only be refunded when it is determined that no permit is required for the proposed project. Application Fee All DNR permit applications must be accompanied by an application fee based on the following list: Type of Permit Applied For Fee General Permits, Build or Repair Dam under Minnesota Dam Safety Rules, $75 Install Riprap Shore Protection or place fill to recover shoreland lost to erosion Township permits for the construction or alteration of a town road, bridge or culvert $100 maximum All other projects $75 minimum up to $500 maximum based on projects cost and size (See enclosed fee calculation sheet)' NOTE: Be sure to specify the actual cost of the project, the amount of shoreline to be affected and the amount of fill or excava- tion in the lake, wetland, or stream bed in your application. These parameters will be used to determine the total application fee for you project. No permit will be issued until all fees are received. Field Inspection Fees The Department will charge for the cost of field inspections for any project which: (1) requires an Environmental Assessment Worksheet (EAW) or an Environmental Impact Statement (EIS) pursuant to Minnesota Statues Section 116D; (2) is undertaken without a permit application; or (3) is undertaken is excess of an issued permit. The inspection fee will include the costs of neces- sary surveys and will be based upon the actual cost of the inspection. The cost of field inspections will be the actual cost of the field inspection, but not less than $100.00. 1 Application Instructions Each section below corresponds to the appropriate section on the application form. Please type or use black ink. Part I. Applicant's and/or Authorized Agent's name, address and phone number. Part II. Location of Proposed Project: The application must include the location of the project described by Government Lot, parcel, quarter section, section, township number, range, and county as shown on the abstract of title. If the project is in a platted area, the lot and block number and the subdivision name must be reported. The fire number, box number or address of the project site must be indicated and a location map included in order to assist in locating the premises. Include the name and number (if known) of the lake, wetland or watercourse involved. (Attach a drawing showing how to get to the site). Part III. Estimated Project Cost: What is the total estimated cost of this project? Include the cost of all materials, services, equipment purchase or rental, and labor expended for the portion of the project actually affecting public waters or public waters wetlands. Length of Shoreline Affected: Indicate the total number of feet of shoreline that will be affected by the proposed project. Projects that affect both sides of a watercourse must include the shoreline affected on both sides. Part IV. Volume of Material Filled or Excavated: Indicate the total number of cubic yards of any material to be filled or exca- vated in protected waters. Calculate volume by multiplying the shoreline affected by the thickness or depth of the material, then multiplying by the distance the project extends waterward. One (1) cubic yard equals twenty-seven (27) cubic feet. If the proposed project does not involve fill or excavation, place "none" in this space. Part V. Type of Work Proposed: Please check the appropriate box(es): See the Additional Information Required section of these instructions regarding supporting information to be submitted with the application. Project Area: Please check the appropriate box(es). Brief Explanation of Project: Briefly describe the proposed project. How will the work be done? What types of equipment or materials will be used? Part VI. Project Purpose: Explain why this project is necessary and what the environmental impacts are. What benefits will the project provide? Be specific as to what the objectives of the project are. Replies such as "lake improvement" or "naviga- tion improvement" are to vague to be of help in assessing the merits of the application. If more space is needed to fully explain, or to supply other applicable information, attach extra EXHIBITS (plans, sketches, photos, etc.). The description of environmental impacts should include information on proposed changes in land and water resources, character or quality and also effects that are, or may be harmful but unavoidable (i.e., loss of wildlife habitat, increased downstream flooding, etc.). For large or very complex projects, Minnesota Statutes Chapter 116D may require an Environmental Impact Statement (EIS) or an Environmental Assessment Worksheet (EAW) before a permit can be issued. Part VII. Alternatives: Describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts. Attach additional sheets if necessary. Part VIII. Dates: Proposed start of activity. Proposed completion. (Identify any completed work on an attached drawing). Part IX. Adjoining property owners: Names and addresses of property owners adjacent to the project site. Part X. Permits: Identify all permits that have been received or applied for. Additional Information Required I. Additional Project Data - for all Projects. Before your application can be considered complete, the following information and attachments must be included. A. General Attachments: The following data is required in support of a permit application. 1. Ground level photo(s) showing: a. Water conditions at the project site. b. Upland conditions. c. Aquatic vegetation, if any. d. Proposed spoil disposal site (if applicable). 2. Plat maps -mandatory if proposed project is on project within a platted area. The property boundaries of all adjoining land owned by the applicant in the project area should be indicated on the plat or submitted as a separate map. 3. Sketches/Engineering Plans -The applicant must attach a detailed sketch or engineering plan displaying the following information: a. Cross -sectional (side -view) sketch. This sketch should display the following information as it pertains to your project (include specific dimensions where possible): 1. Water level fluctuations (present, highest and lowest levels). 2. Water depth. 3. Lake bed elevation or stream bed slope. Continued on next page) 2 Continued from previous page) 4. Location and dimensions of proposed project/structure (length, width, elevation, depth, side slope, etc.). 5. Location and dimensions of any aquatic vegetation. 6. Identify and label lake bed and stream bed conditions and materials. b. Top view (overhead) sketch. Include the following (Include dimensions where possible): 1. Property boundaries and lot dimensions. 2. Shoreline and water location. 3. Dimensions of proposed project (length, width, elevation, etc.). 4. Points of reference (existing homes, structures, docks, etc.). Be sure to indicate which direction is 'North': 5. Extent and location of any aquatic vegetation. 6. Location of spoil and disposal sites (if applicable). 7. Aerial Photos -Mandatory for watercourse realignment proposals. 8. Additional information -Any additional information that you feel will further explain your Project is helpful and should be included. B. Extensive or Complex Projects -For extensive or complex projects, the Department may request supplementary information including but not limited to the following: Topographic map, water table map, soil borings, depth soundings, aerial photographs, environmental assessment, and/or engineering reports. Additional information will be required. II. Drainage Projects: Minnesota Rules and Statutes prohibit the total drainage of a DNR public waters or public waters wetlands. Please direct any questions you may have regarding temporary or partial drainage to the Regional Hydrologist at the DNR Regional Office serving you. III. Bridge and Culvert Projects: If you are proposing to construct, reconstruct or relocate a bridge or culvert you will be asked to submit additional hydro- logic/hydraulic information. If you have any questions regarding bridge and culvert projects, please contact the Regional Hydrologist. IV. Dams (Dam Safety Projects): If you are proposing to construct, enlarge, alter, remove, abandon or conduct major repair on a dam, you may be asked to submit additional information. For further information on dam safety requirements, contact the Dam Safety Unit, Division of Waters, Department of Natural Resources, 500 Lafayette Road, St. Paul, Minnesota, 55155-4032, telephone (651) 296-4800. V. Utility Crossings: Minnesota Statutes, Chapter 84.415 and Minnesota Rules Part 6135 prohibit utility passage over, under or across public waters or public waters wetlands unless a license has been previously obtained from the Commissioner of Natural Resources. Utilities include telephone, telegraph, and electric power lines, cables or conduits, underground or otherwise, or mains or pipelines for gases, liquids or solids in suspension. Projects requiring a utility crossing license will not require a public waters work permit. Further information concerning utility crossings can be obtained by contacting: Real Estate Management, Department of Natural Resources, 500 Lafayette Road, St. Paul, Minnesota, 55155-4030, telephone (651) 296-4097. Submitting Application Make sure that you furnish all information that is requested and sign the application form. Forms that are incorrectly filled out or lack requested information will cause delay in your application. After you have completed the application, keep a copy and instruction sheet for your records, and forward the remaining copies with five (5) sets of all supporting maps, plans, specifications, etc., to the DNR Regional Office serving you. Mailing addresses can be found on the last page. BE SURE TO INCLUDE ALL APPLICATION FEES WITH YOUR APPLICATION. Questions If you have any questions on the procedure for making application, please contact the DNR Regional Office serving you. The address and telephone number of each DNR office can be found on the last page. SEE MAP ON OTHER SIDE OF THIS PAGE (Bottom of page 4) NOTICE - Waters of the United States You should be aware that projects which will involve drainage, excavation, fill or impoundment of wetlands or waters of the United States, even those wetlands outside of the jurisdiction of the DNR, may require an individual permit from the U.S. Army Corps of Engineers. Persons proposing such projects should contact the Department of the Army, St. Paul District, Corps of Engineers, Attn: CO-R, 190 Fifth Street East, St. Paul, Minnesota, 55101-1638, telephone (651) 290-5375 for further information. 3 NA-02659-03 Rev. 10/93 DEPARTMENT OF NATURAL RESOURCES WATER PERMIT APPLICATION FEES Use this sheet to determine your permit application fee if the project will be in DNR public waters or public waters wetlands. Fees must be paid with a check or money order payable to the "Department ofNatural Resources". Cash cannot be accepted Fee for the appropriation of water $75.00 Annual water use report processing fee is based on volume appropriated) Fee for the construction or repair of a dam $75.00 Under Minnesota's Dam Safety Rules, M.R. 6115.0300-6115.0520) Fee for the placement of riprap shore protection $75.00 or place fill to recover shoreland lost to erosion) Fee for all other projects See Below* Minimum Fee: A) $75.00 Project Cost: $ x 1% = B) $ Length of Shoreline Affected: feet x 75 cents per foot = C) $ For channel excavation projects, the shoreline affected is the difference in length between the existing channel and the new channel.) Volume of Material Filled or Excavated: cubic yards x 75 cents per cubic yard = D) $ For channel excavation projects, the volume is only the material filled or excavated in public waters or public waters wetlands.) Maximum Fee: E) $500.00 DETERMINE YOUR FEE AS FOLLOWS: If B, C, and D are all less than $75 the fee is $75. If B, C or D is more than $75 but less than $500, the fee is the largest amount of B C or D. If B, C, or D is more than $500 the fee is $500. If you represent a Township applying for a road, bridge, or culvert project, the maximum fee is $100. NOTICE --- If a DNR permit is required for the work proposed, your application will not be processed unless the appropriate fee is submitted. Applications sent with no fee or an inadequate fee will be considered withdrawn after 30 days and no further action will be taken. The permit application fee for work partially or wholly completed prior to this permit application is double the normal fee; if a field inspection is also required, the application fee will be double plus the actual cost of the field inspection (not less than $100). ALL FEES ARE NONREFUNDABLE MINNESOTA DEPARTMENT OF NATURAL RESOURCES WATERS PUBLIC WATERS WORK PERMIT PROGRAM PERMITTING PROCESS 1. The project applicant completes a copy of the LOCAL - STATE - FEDERAL WATER RESOURCE PROJECT NOTIFICATION/ APPLICATION FORM (NA-02620-01) obtained from a local Soil and Water Conservation District (SWCD) or Department of Natural Resources (DNR) office. 2. Project Notification/Application Form is submitted to a DNR Regional Office. 3. Determination made if project is in public waters or public waters wetlands and subject to permit requirements: Yes: Any missing information, checklists or fees are requested. Upon receipt, application is distributed to Area Hydrologist for review, with copies of application distributed to the local government unit LGU), watershed district (WSD), SWCD, within DNR to Area Managers, and U.S. Army Corps of Engineers (ACOE). No: Copy of determination that no DNR permit is required is sent to applicant, ACOE, LGU. 4. Area Hydrologist compiles all submitted comments, prepares recommended Commissioner's Order, and signs or forwards to Regional Office pursuant to DNR signature authority. 5. Copies of the Commissioner's Order are sent to the applicant, LGU, WSD, SWCD, within the DNR, and ACOE. 6. Permit actions are subject to appeal by the applicant, WSD, SWCD, and mayor of a city. A demand for hearing, with $500 bond must be received within 30 days of applicant's receipt of Commissioner's Order. 7. Appeals are heard by an Administrative Law Judge from the Minnesota Office of Hearing Examiners. A recommendation is made to the Commissioner of DNR and a decision is made. The Commissioner's decision may be appealed to the Minnesota Court of Appeals. ADDENDUM - Notice to Applicants for DNR Permit to Change The Course, Current or Cross Section of Public Waters or Public Waters Wetlands The Department of Natural Resources (DNR) and the Pollution Control Agency (PCA) are working together to avoid duplica- tion in state agency permit review of proposed activities affecting public waters or public waters wetlands in Minnesota. The attached form was prepared by the DNR and the PCA to minimize your work in contacting state agencies for project approval. Please complete this form by placing an 'X "in the appropriate box or boxes. If your project does not involve any of the actions listed on this form, place an 'X "in the box after item 9. If your project will involve any of the actions listed for boxes 1 through 8, a copy of your DNR public waters work permit application will be forwarded to the PCA for their review. If a separate PCA permit or approval is required, you will be so notified by the PCA. Place an 'X "in the appropriate box(es): 1. The project will involve the deposition of asphalt, concrete, cut vegetation or other solid waste as fill material. 2. The project will involve excavation of materials from public waters or public waters wetlands through the use of any device which removes Materials by pumping or suction action (i.e. hydraulic dredging). 3. The project will involve excavation of more than 1,000 cubic yards of material from the beds of the following waters: Lake Pepin of the Mississippi River (River Miles 763 to 787 USCE charts). Pool #2 in the Mississippi River from Lock & Dam #1 (the Ford Dam) to Lock & Dam #2 (Hastings -River Miles 725 to 814 USCE charts). Minnesota River from Savage to its mouth at the Mississippi River (Mile 844 USCE River chart). Duluth Superior Harbor and the St. Louis Bay area of the St. Louis River extending to Spirit Lake. The Fairmont chain of lakes including Budd, Siseton, Hall and Amber Lakes in Martin County. Albert Lea Lake, Freeborn County. Warroad River Upper Harbor Area extending from the mouth of the Warroad River to CSAH No. 11. Red River of the North from Wahpeton to the Canadian Border. 4. The project will involve excavation and/or fill in public waters or public waters wetlands for construction of utility lines carrying any materials except treated water in a liquid or semi -solid state, including but not limited to petroleum or petroleum products, chemicals, sewage or cool slurries. 5. The project will involve construction of docks, piers or wharves which will involve new fuel handling facilities. 6. The project will involve new construction, reconstruction or repair of structures for generation of hydroelectric power. 7. The project will involve construction of new ancillary facilities for sanitary sewers, boat pumpouts, on -site waste. 8. The project will involve the on -site disposal by burning of vegetation to be removed during project construction. 9. The project will not involve any of the above. Applicant Name (type or print) Applicant Signature Applicant Address For additional information and assistance, contact the appropriate Regional Office of DNR Waters in St. Paul. Region 1 Region 2 2115 Birchmont Beach Road N.E. Bemidji, MN 56601 218) 755-3973 1201 East Highway 2 Grand Rapids, MN 55744 218) 327-4416 Region 3 1601 Minnesota Drive Brainerd, MN 56401 218) 828-2605 Region 4 Box 756, Highway S New Ulm, MN 56073 507) 359-6053 Region 5 2300 Silver Creek Rd. N.E. Rochester, MN 55906 507) 285-7430 Region 6 1200 Warner Road St. Paul, MN 55106 651) 772-7910 Central 500 Lafayette Road Office Si. Paul, MN 55155-4032 651) 296-4800 This information is available in an alternative format upon request. 1999 State of Minnesota, Department of Natural Resources 4 December 18, 2000 Mr. Travis Germundson Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 RE: Proposed Nature Pathway Braemar Park City of Edina Dear Mr. Germundson: The City of Edina is proposing to complete the Braemar Nature Pathway that currently is severed in two locations. The first location being the southerly portion of this system and the second location being the northwesterly portion of this system. The southerly portion is proposed to transverse through a Type 6 wetland. All other wetlands identified will not be impacted from this pathway due to aligning the pathway out of the wetlands. The impacts to the Type 6 wetland as identified as Wetland No. 5 in BARR's Wetland Delineation Report will be minimized with the construction of a boardwalk. This boardwalk will be similar to a "Superdeck System" that is utilized in many wetlands throughout the Metro Area. At your convenience, please review the following information: 1 - Plan of Nature Path 1 - Wetland Delineation Reports 1 - Joint Notification Form 1 - Superdeck Specification Sheet We would like to initiate this project later this winter with a completion date of mid -summer. If you have any questions or need additional information please call me at 952-826-0443. Sincerely, a'4#/w/°/1—e4'ea Wayne D. Houle, PE Assistant Public Works Director enclosures c: Joe Yanta - Army Corp of Engineers Bob Obermeyer - Nine Mile Watershed District Dave Thill - Hennepin County Soil and Water Conservation District John Keprios, John Valliere - City of Edina City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 612) 927-8861 FAX (612) 826-0390 TDD (612) 826-0379 A Oz6z0-ol LOCAL - STATE - FEDERAL WATER RESOURCE PROJECT NOTIFICATION / APPLICATION FORM Use this form to notify/apply to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, and your Local Government Unit of a proposedwater/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirements within 45 days. Some LGU's may also require submission of their own application forms. Fill out this form completely and mail a copy, with plans, maps, etc. to each of the agencieslistedonthereverseoftheform. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: LGU NUMBER: MDNR NUMBER: CORPS NUMBER: I. Applicant's Name (Last, First, M.I.) Authorized A ent, if any Area Code, Telephone i r r OF EU/NA WA Ynl d .1 (952) e - c,44-3 Address (Street, RFD, Box Number, City, State, Zip Code) 4' I IA fir5 T o m 5To , i/tiA, , r-1Ai SS4#z - i;94- II. Location of proposed project (attach drawing showing how to get to site) a.p-A e._ e. in AL.pia rOUNTY QUARTER SECTION(s) SECTIONS(s) No. TOWNSHIP(s) No. RANGE(s) No. Lot, Block, Subdivision v trPi4M ill 't2. / 76 ... ibry Zy- iI FIRE No., BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) III. ESTIMATED PROJECT COST: $ 00 p LENGTH OF SHORE AFFECTED (in feet): IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): (NOTE: You may substitute dimensions) f\a Fitt, c> g- 0C.C-A4AT(c"t P=o f 7 4..-. c t.,`, i,st3 5 LI Pe - 0 tx -u.- 5 'rSTurrIA ( 2i.oltc eL.) V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): G ACCESS PATH G BRIDGE G CULVERT G DAM G CONSTRUCT G DRAIN G EXCAVATE G DOCK G RIPRAP G SANDBLANKET G FILL G REMOVE G REPAIR G LAKE G SHORELINE G WATERWAY WETLAND OTHER (DESCRIBE): 14 - IZ-s'Apft Q 01 `/ PROPOSED TO BE FILLED/DRAINED: J t AYt L LWETLANDTYPE(S) AND ACREAGE(S) VI. PROJECT PURPOSE (why is this project needed -what benefits will it provide?): P.Pott I c 5 hi .42i 1--i1N) - Fob- Xibi-iiv ci /v/TTLlt -E PAWN 1.#)+4 (LE A ID )/Li c I 114 PAc-- ` .-iZ7 L&) GTt.-P.,.i0 VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets, if needed). J©N t — v At'Lti (A -fa c-,it.-- '5'; Tt.DILA 4rl i tom... F C.ii- "" i Wt,PA(-7r 0,-; 671-04"-0 1 ,9(4(2-0vUixL41., t,ou.,L. i a. &A5 / Lo/v:, 8y '3.Si W tD VIII. DATES: Proposed start of activity: Proposed completion: 5.Pi2-1A/61 2- x 1 S i.Ji'NM 6rt- zoo . IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) Name Address City State Zip MoN Y Re -AL- j;sT . IdJV, Ga g000 ie sT i1esr-17inii> ' 1-1ni SS-437 R) for (enter an A) from: DNR ARMY CORPS OF ENGINEERS COUNTYX. PERMITS have been received (enter an or already applied ___ I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determinationsconcerningthisprojectthatImustobtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal, State, and/or local administjative, civil and/or criminal penalties. Signature Pr posing Project or AgentPerson f z - j/-DO DATE: INSTRUCTIONS --PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. LOCAL GOVERNMENT UNIT (LGU): city, county, or waterp hed management organization. Specify the LGU to which you are sending the form: NiA/ 14 is G !,t 'Ar t.5r+re-P blSTn-4_t- The local SOIL AND WATER CONSERVATION DISTRICT (SWCD) for the project. Specify the county SWCD: WATERSHED DISTRICT (if one exists for the project area). Specify the Watershed District: f\l/NI L6 v MINNESOTADEPARTMENT OF NATURAL RESOURCES (MDNR) regional office U. S. ARMY CORPS OF ENGINEERS (ACOE). Send the ACOE copy to: Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project. ATTENTION ( FROM USDA): Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess th authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant. MVP/ 4 G Signature of Applicant Date Signature of Agent Date Note: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent' s Name and title: Agent' s address: Agent' s telephone: ( 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. SEE ATTACHMENT ABOUT MDNR PERMIT FEES P.A. # NINE MILE CREEK WATERSHED DISTRICT ("District") GRADING AND EARTHMOVING PERMIT Application for permit, permit, notification of completion and certification of completion Name of Applicant City of Edina Address 4801 West 50th Street Telephone 952-826-0443 Nature of Work Complete nature pathway Location of Work City of Edina - Braemar Park Muncipality City of Edina Projected duration of work Summer of 2001 Procedures to be used to control erosion and sedimentation Best Management Practices to include silt fence and straw bales as needed. If additional room is needed to provide the infomation requested attach the information to this application and in the space below briefly describe the attachments. Date Applicant Permit application received by the District on the day of 19 All work shall be completed by the day of 19 . The amount and nature of collateral required is This permit is permissive only and does not release the permittee from any lia- bility or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances. President of Board of Managers Notice of:completion of work authorized ; expiration of grading permit , is hereby given to the District on this day of 19_ Permittee Certification of the satisfactory completion of work authorized is hereby made on this day of 19 Inspector cn December 18, 2000 Mr. Travis Germundson Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 RE: Proposed Nature Pathway Braemar Park City of Edina Dear Mr. Germundson: The City of Edina is proposing to complete the Braemar Nature Pathway that currently is severed in two locations. The first location being the southerly portion of this system and the second location being the northwesterly portion of this system. The southerly portion is proposed to transverse through a Type 6 wetland. All other wetlands identified will not be impacted from this pathway due to aligning the pathway out of the wetlands. The impacts to the Type 6 wetland as identified as Wetland No. 5 in BARR's Wetland Delineation Report will be minimized with the construction of a boardwalk. This boardwalk will be similar to a "Superdeck System" that is utilized in many wetlands throughout the Metro Area. At your convenience, please review the following information: 1 - Plan of Nature Path 1 - Wetland Delineation Reports 1 - Joint Notification Form 1 - Superdeck Specification Sheet We would like to initiate this project later this winter with a completion date of mid -summer. If you have any questions or need additional information please call me at 952-826-0443. Sincerely, al-`71194(Le% Wayne D. Houle, PE Assistant Public Works Director enclosures c: Joe Yanta - Army Corp of Engineers Bob Obermeyer - Nine Mile Watershed District Dave Thill - Hennepin County Soil and Water Conservation District John Keprios, John Valliere - City of Edina City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 612) 927-8861 FAX (612) 826-0390 TDD (612) 826-0379 NA-02620-01 LOCAL - STATE - FEDERAL WATER RESOURCE PROJECT NOTIFICATION / APPLICATION FORM Use this form to notify/apply to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, and your Local Government Unit of a proposedwater/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirements within 45 days. Some LGU's may also require submission of their own application forms. Fill out this form completely and mail a copy, with plans, maps, etc. to each of the agencieslistedonthereverseoftheform. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: LGU NUMBER: MDNR NUMBER: CORPS NUMBER: I. Applicant's Name (Last, First, M.I.) Authorized A ent, if any Area Code, Telephone 6irr cF 617iA/A WAyA)e .1--V.).; __ (c76-2) 8z -a4`i- Address (Street, RFD, Box Number, City, State, Zip Code) 4GO I jci trt ,7 0in 5To . »iNA. 1 t1n1 SS424 -i?94- 1. Location of proposed project (attach drawing showing how to get to site) aP-A1G1nArZ p/1,-14_- 4-4 OUNTY QUARTTSECTION(s) SECTIONS(s) No. TOWNSHIP(s) No. RANGE(s) No. Lot, Block, Subdivision nitr>' in1 Nitz IT gib its FIRE No., BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) III. ESTIMATED PROJECT COST: $ (40p t] LENGTH OF SHORE AFFECTED (in feet): IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): (NOTE: You may substitute dimensions) Iva Ftt....., c>v— okc-P+,/A-1-tent P'-()c cQ J-= ctr-- i.15-6 6JPi-0 tx-ic— 5 '1'ST W\ (6%' 1-0w'N%el) V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): G ACCESS PATH G BRIDGE G CULVERT G DAM G CONSTRUCT G DRAIN G EXCAVATE G DOCK G RIPRAP G SANDBLANKET G FILL G REMOVE G REPAIR G LAKE G SHORELINE G WATERWAY WETLAND OTHER ( DESCRIBE): AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED:.->-B ja.ji—Iz f1-A-- VA v-f2Lc2L'z ' WETLANDTYPE(S) VI. PROJECT PURPOSE (why is this project needed --what benefits will it provide?): j' Rot/ i 170 5 N‘ t7 LAN k- P- i X,)J'r'Iry n)/rrl,llz E PAT-1l.&J 4-1 i 1 A IP )/t%C 1 M Plat-T --tc;' Lk) >...i 0 VII. ALTERNATIVES ( describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets, if needed). V©N e- — A:3C)Pl-49 WA. --- 'S '' S'i-t.1` 4A0 t L"- a*- Lf6xA i. i 'vveAC r '— t- -) 67'1.04A-io - F5at•> vU ixi;,(J t t.. 13 a C, S. 1-0N ., i'1' : '3 i LU I D " 6- VIII. DATES: Proposedstart of activity: Proposed completion: S' P I2-4 N el Z cr i S i.J / 1%4 e1z 2.OQ 1 IX. ADJOINING PROPERTY OWNERS ( Attach list if more than two) Name Address City State Zip II ON y ge- AL. S r. IN J, co 9 x c 1 S 5't 437 X. PERMITS have been received (enter an R) or already applied for (enter an A) from: _ DNR ___ ARMY CORPS of ENGINEERS __ COUNTY I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determinations concerning this project thatImustobtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal, State, and/or local administjative, civil and/or criminal penalties. Signature of Person Pr posing Projector Agent DATE: INSTRUCTIONS --PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. LOCAL GOVERNMENT UNIT (LGU): city, county, or waterp hed management organization. Specify the LGU to which you are sending the form: /)A) 41 ic.,G LAi/aT'-5+k V brS x J The local SOIL AND WATER CONSERVATION DISTRICT (SWCD) for the project. Specify the county SWCD: V WATERSHED DISTRICT (if one exists for the project area). Specify the Watershed District: N/NG 6 /1 f (.6 MINNESOTADEPARTMENT OF NATURAL RESOURCES (MDNR) regional office U.S. ARMY CORPS OF ENGINEERS (ACOE). Send the ACOE copy to: Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project. ATTENTION (FROM USDA): Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a Ianduser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess th'authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant. i. /7/id0 0 / Signature of Applicant Date Signature of Agent Date Note: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent's Name and title: Agent's address: _ Agent's telephone: ( 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements orrepresentationsormakesorusesanyfalsewritingordocumentknowingsametocontainanyfalse, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. SEE ATTACHMENT ABOUT MDNR PERMIT FEES Tuesday, September 19, 2000 4:45 PM Michael Boland 952-934-4719 p.01 Attention: Company: Mr. Wayne Houle City of Edina Fax Number. Voice Number: 95'2826L 390 From: Michael Boland Company: Fax Number: Voice Number: Subject: Comments: O'13eollain, Inc. 9c) )-93/1-1719 95?-9-1-7'2 79 Date: 9/19/00 Number of Pages: 4 Tuesday, September 19 2000 4,45 PM Michael Boland 952-934-4719 p.02 Superdeck System New, Rigid, Foam -Filled Modules Stiffer, Stronger Deck Panels Positive Full Flotation Longer Life, Less Flex -Fatigue So what's "new :Ind Inrprovt.c, about the CONi'F.I'I ill SUl'±RD1=,(:I<" deck/'walk panel' Well, t'e took an already unique monocoque coustructic,i: concept (where the outer skin is integrated with an internal bracing .system, much like an airplane Wingi then we filled that struc1inu lightweight polyst•r:'tu- 0 rcinloree it. Concept 111 SuperdecW2 Walk Panels 3.5'x5' panel 12'x5' panel 242"Wx60"Lx3.25 i ci; "•1x:,0"Lx3 25 thickSize: 30 lbs./panelWeight55Ibsr'panc:! --- Flotation: 250 Ibs./panct The resuit? We made the new CONCEPT ill SUPER1)ECK' pano1 stronger, stiffer and more stable with only a slight increase in the panel weight. In addition, the internal rigid polystyrene tilling assures long lasting rated flotation capacity. That's buoyancy you can count on. 140 ibs panel We Thickness: 1/4 inch Materials: 100 / virgin. high -density itr IV ir.t .kut<u: E.P.S. Pc ,ctyrc 1e foam. Colors: Sari -tar„ ,,^fir_,. or ::i"ite. Design: Features internally braced and reinforced Monccoque concept. Filled an:: reinforced with E.P.S.Polysiyrene foam. Molded -in- tread. Rotational molded for maximum strength. Concept Ili Superdeck'' Floats Part utG3F-i/ 10 Part 00102 JL X AC, U 2-t x x165"D t..1h .u 1e G rH 35 lU llOat t -:• i i o_t 4 600 ibs !float 1 r?:. i^ ._ 100 vlr (I-;, linear, low —density polyethylene with t`)\ ln.n.ilit0fii. Watt Trt ckr,e=s. Materials. Shell Rugged but easy to handle. Stainless steel hardware. Assemble with hand tools. Tough Trouble -Free Easy To Assemble Move Or Store The CONCEPT Ill SUPERDECK' has been designed, engineered and manufactured to solve problems for you, not cause there! It's "customer friendly" low maintenance and easy to manage: rugged, yet light enough to be easy to install, move or store...by hand. High quality materials such as 100% virgin polyethylene and stainless steel hardware. No rot. No splits, splinters or nail pop. Molded —in tread. Unaffected by oil, gas or mold. JLIN 19 21=1OO A9 : 51 FR BPRR ENGINEERING 612 F72 21;111 Ti:' 9E,2r,n39O P. A1/07 BARR ENGINEERING • ENVIRONMENTAL • INFORMATION TECHNOLOGY Facsimile Cover Page Attention: From: Regarding: yrts:2_ D . kI/e_ 1,<,( Y Eertr K x way Date: 6--00 Time: q : 4' S 4r-1 Fax number: g 2 <o - 0390 Project number: 3/2 — 35 4- ECO / / O tA.R4-iC \C S Fax only x Original to follow Total pages: The information contained in this fax is intended for the use of the individual named above. If this fax is received in error, or if the transmission is incomplete, please call (612) 832-2600 immediately and ask for Additional comments: GCS ,, ts„,„ p n, 5( 4700 W. 77th St Minneapolis, MN 55435 Phone: (952) 832.2500 Fax: (952) 832.2601 ag/5 7390 Ohms ln. Edna, MN 55439 Phone: (952) 832.2600 Fax (952) 832-2996 555 W. 27th St. Hibbing, MN 55746 Phone: (218)262.14m Fax (218) 262.3460 332 W. Superior St. Duluth, MN 55802 Phone: (218) 727-5218 Fax: (218) 727.6450 450 S. Wegner Rd. 0 3236 Emerald lane Ann Arbor, MI 48103 Jefferson Oily, MO 65109 Phone: (734) 327-1200 Phone: (573) 636-5331 Fax: (734) 327-1212 Far (573) 636.5323 r DR H ST DR JHN 19 20A0 09: 51 FR FARR ENGINEERING ti 0 tie P . 02/07 d_ 0 IZE < U) 0_ = Z CE CC < C.) 0 ( f) 000DJ SCOTIA DiB CI cc KERR) CL 04. d 44/ L.7..,.....-- - - --..........."-..-----.,--Z--: -- ,._.....,'.."'s r--7-.:-::-.-----„...„...;._ . ....:: : 2._---------:.- i . -------- 7..,-- Z_.--------r, --m z..--.._: 7..--7:7.,...„-----_,.._____:„... T a cc cn TH ST W co 1?` 0 0 < z fIw JD E-1\11 INN 19 21_II_11_I 0 +: 54 FR BARR ENGINEERING 612 832 261711 TO 9E:2r,0390 F'. f_I7i07 MINNEAPOLIS, MINNESOTA- HIBBING MINNESOTA DULUTH, MINNESOTA BARR ANN ARBOR, MICHIGAN - JEFFERSON CtTY, MISSOURI COMPUTED CHECKED BY BY DATE DATE SUBMITTED TO DATE DATE , "' .'.'p:? I SHEET NO. 1 PROJECT NAME :'f a., , 11'ct ac . ';: Y` r.a PROJECT NUMBER :% ! . -{ - 1 Is( t } "'^ SUBJECT We. a . l / f f rl C 2 t. . i p; T ie, W{ /q f 7) L( 5,6 L 'I{ f j ..`r r `'Z lt^ r , lvVA 'o c, / 09 0 I ,J' 4:Y 6 T s. be be IviCA I A T C -Few c1 1/1/-e /cr-? ci, mo p CC.t (o°- ,-1- we fir- 7C/fp CC L 12(71 L cJ jr'Cl/? 6 ! • G '/-) ca. s J Cc, , ,-1e • 1."/ 4 17,7' (7 c,,t_ 6-1/ W 1 >-; , 41,,G rCO1 G i er6arr,com 64o,-t' 93.2 - 3V-- V,$15 PEV.I2/ t/98 Jill 19 2.1_ll_10 l_19: 55 FR BARR ENGINEERING 612 872 251=11 TCI P.A4/A7 MINNEAPOLIS, MINNESOTA- HIBBING, MINNESOTA DATE 61/ 3 <2° DULUTH,MINNESOTA BARR ANN ARBOR, MICHIGAN • JEFFERSON CITY, MISSOURI PROJECT NAME /*. , } i'r L p V E'? • D /. PROJECT NUMBER X,27 - j 14/ ec o /10COMPUTED BY DATE CHECKED BY SUBMITTED TO DATE Vca 1 ley / e IN, (:?CJ SUBJECT 0C:GDATE a w:Lv- SHEET NO.. ? Cr1/%' + !w S 6- 0 1--F Cou r5e N W 17/e/-/ 4/0 - P; c, y 5 rc. l a &J€ J 144 1I , ,<,A WI-6 k f` l a-• d 17 te4(- Sir# 4. (L r X-) let-- 6 P;„ -P1c, 5 s per/ / 0. , w, f C •' of -.e rood edge. e) 1( -fk wefi./a_,1/ - 7 c-t- ;s REV 1211(9B JU 1 19 20t_ 0 1719: FR BARR ENGINEERING 612 32 2501 To 9'c26039L_1 F. 05.. 0 MINNEAPOLIS, MINNESOTA- HIBBING MINNESOTA DULUTH, MINNESOTA BARR ANN ARBOR, MICHIGAN - JEFFERSON CITY, MISSOURI COMPUTED BY CHECKED BY DATE DATE 8 V4 i€ y. Rd. SUBMITTED TO DATE DATE /d/, SHEET NO. 70T - rr114. PROJECT NAME Fr ;nri G{ '=y 1 PROJECT NUMBER - o o SUBJECT F 144/L-71- Coutr5 V 1Q,1 c/ /V27, f); ic:19 $ G rc. 1 G led + Y - I -1-10,c, L'2-3 brcf S' R C Ce 1- -F Icr5 s c r I r-f w:#t ; - I o -r- -tk rt)ci ci t ` .( . o,F • he 1,--e-7-/-, J x REV.1 ?J 1 /98 JI IN 18 2mO1 Li: 5A FR BARR ENGINEERING 612 21,aO1 Tn 9E7'1;a_1 90 F.06/E17 OP MINNEAPOLIS, MINNESOTA• HIBBING MINNESOTA DULUTH, MINNESOTA BARR ANN ARBOR, MICHIGAN - JEFFERSON CITY, MISSOURI COMPUTED CHECKED SUBMITTED BY BY DATE DATE l j o el 1'f t-In ItlorfiPQr,k,7i) TT:ce CI TO DATE DATE 6 j 3, .7,0 PROJECT NAME Orate., ,{ PROJECT NUMBER I` SUBJECT SHEET NO. ' O C 3,; 5 6Co i/o 71 o-{ l / G,r`'''s G v f: oc r 5 e. I-D ; -F0r era 76F.J1-e-X ( VO0 g-C) 0 0/ V 4/. - w -f-t,, 9 1/1/ 3 - / -f l't r t' s (-) _ (l w . _ W--ct /u,d Ah. L1- D>1, G W;1-L-, LI p P'cf9 5 I ci e fe c, Y LI '!` 7 7 . f { 17,..,,E I REV.121I /98 JUN 19 2020 I09 FR EARR ENGINEERING E 12 R72 2501 TO 98250390 F. 07/07 MINNEAPOLIS, MINNESOTA • RIBBING MINNESOTA DUI UTH, MINNESOTA BARR ANN ARBOR. MICHIGAN • JEFFERSON CITY, MISSOUR' COMPUTED By DATE CHECKED BY DATE f' crDATEh ;rf n ri SHEET N,O-./7 r'(( ll PROJECT NAME L/(QF'r. ,(( PUS ( C c L1-P_ 1-. D / SUBMITTED PROJECT NUMBER . / JJ I Cro / v TO SUBJECT l / DATE 1-0G677Io- I 0 1 / -i !ci.,f? I'Q,-1 A P osei Cr ; r 1- `/YZ y Y 3 • . G04/ P,•c• c A era' ,.,. ( i'P ?CC. Co •• + (r d. C! 90o -Soo, F5"--4 {/, 576 ) ir S - )a,, d / ). be cJ Ws- `C. , ,p,y` -... car 9 f b 5) REV.12/1198 TOTAL FADE. 0f * +' Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO May 23, 2000 Mr. Wayne D. Houle Assistant City Engineer City of Edina 4801 West 50`h Street Edina, MN 55424-1394 Re: Proposal and Cost Estimate for Wetland Delineation and Wetland Report for the Proposed Braemar Park Pathway System, Edina, Minnesota Dear Mr.Houle: In response to your request, Barr Engineering Company (Barr) has prepared a scope of work, schedule and cost estimate for identifying and delineating wetlands that intersect or that are adjacent to the proposed Braemar Park Pathway System in Edina, Minnesota. After the completion of the wetland delineation, a report will be drafted. It is Barr's understanding that the proposed pathway will be approximately four feet wide. We also understand the center line of the proposed pathway has been marked in the field, except in areas where the proposed pathway adjoins existing developed areas such as roadways and asphalt parking areas. We have prepared the following scope of work and cost estimate for delineating the wetland boundary in this area and completing a wetland delineation report. Scope of Services The scope of work for identifying and delineating the wetlands and completing the wetland delineation report will consist of three tasks. Task 1 - Wetland Identification and Delineation Barr will identify, delineate and classify wetlands that intersect or are adjacent to the proposed pathway. Wetlands will be delineated in accordance with the procedures specified in the 1987 Edition Corps of Engineers Wetlands Delineation Manual. Wetland data forms describing vegetation, soils, and hydrology in the wetland, at the wetland boundary and within the adjacent upland will be completed. The wetland boundary will be marked in the field with pink pin flags and brightly colored flagging. C:\ 1 lck\PRO\#Edina Wetlands.doc Mr. Wayne D. Houle May 23, 2000 Page 2 Task 2- On -site Meeting with LGU (Contingent) After completing a wetland delineation in an area disturbed by past construction practices or in which natural circumstances are not evident, it is often prudent to meet on -site with representatives of the Local Government Unit (LGU) technical evaluation panel to review the field -staked wetland delineation. The LGU is the administrator of the Wetland Conservation Act (WCA). The purpose of the meeting is to seek concurrence with the wetland delineation or adjust the delineation stake locations accordingly. If such a meeting is deemed necessary by Barr staff, and acceptable to you, Barr will schedule and participate in this meeting. If, on the other hand, field conditions are such that Barr field staff deem such a meeting at this time is not warranted (i.e., would not add sufficient value at this point in the pathway project to warrant its cost), then this task would not be conducted and no charges would be incurred by the City of Edina for Task 2. After Task 2 is either completed or deemed not warranted at this time, Barr understands the City of Edina will survey the wetland stakes and provide Barr with a representative figure(s). Task 3- Wetland Delineation Report A report will be provided describing the wetland delineation, classification method and a summary of the wetland areas identified. Wetland data forms describing the vegetation in the wetlands will be completed. The wetland boundaries as they intersect the pathway and those adjacent to the path will be plotted on aerial photographs in Arcview© software and provided as a figure in the report. Schedule If this proposal is acceptable to the City of Edina, and it is signed and received by Barr before end of day May 26, the wetland identification and delineation could be conducted starting on May 31, 2000, or shortly thereafter (assuming climatic conditions are suitable). The wetland delineation report can be completed within two weeks after completion of Task 1, Task 2 (if warranted) and receipt from the City of Edina of a survey of the delineated wetlands. C:\1lck\PRO\#EdinaWetlands.doc Mr. Wayne D. Houle May 23, 2000 Page 3 Cost Estimate Including contingency for completing Task 2 (if warranted), the total cost of the services will not exceed $3,900 without your prior consent. Barr estimates the cost of Task 1 (wetland identification and delineation) will not exceed $2,200. Barr estimates the cost of Task 2 (LGU TEP meeting), if warranted, will not exceed $600, including a limited amount of corrective action follow-up activities. Barr estimates the cost of Task 3 will not exceed $1,100. Please call me at with any questions. If this proposal is satisfactory, please sign the enclosed copy of this letter in the space provided, and return it to Barr. Sincerely, ob • bermeyer, P.E. Vice President 952) 832-2857 Accepted this 7A day of By Johr /alliere General Manager Braemer Golf Course City of Edina Accepted this day of ele;„ Jo n Keprios Director of P ks & Recreation City of Edina attachment 2000 2000 C:\ 11ck\PRO\#EdinaWetlands.doc f City of Edina February 29, 2000 Camilla J. Gunderson CB Richard Ellis 8000 West 78th Street Suite 150 Edina, MN 55439-2534 Dear Camilla, It was a pleasure meeting you and Michelle on Monday regarding the easement for the continuation of the Braemar Park walking path. As you and Michelle are aware, these things take time, especially when wetlands are an issue. Your enthusiasm and positive feedback helped me to feel very confident. To be certain, we have a number of hurdles to surmount in order for this to come to fruition. I will be working on the permit processing aspect with our city engineers and will soon provide you with aerial photos and conceptual drawings so that we may proceed with the legal nomenclature. I look forward to working with you and your firm to provide our communities and your clients with a nice amenity. Once again, thank you and please give me a call soon so that you and Michelle may be our guests at Braemar. John Valliere General Manager Braemar Golf Course cc: John Keprios, Park and Recreation Director Wayne Houle, Assistant City Engineer City Hall (612) 927-8861 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 FAX (612) 927-7645 TDD (612) 927-5461 Michelle M. Berg Assistant Real Estate Manager CB Richard Ellis, Inc. INSTITUTIONAL MANAGEMENT SERVICES Licensed Real Estate Broker CB ® Richard Ellis Braemar Office Park 8000 West 78th Street Suite 150 Edina, MN 55439-2534 612 829 1 180 Tel 612 829 1 177 Direct Line 612 829 1 170 Fax www.cbrichardellis.com Camilla J. Gunderson, CPM, CCIM Senior Real Estate Manager CB Richard Ellis, Inc. ASSET SERVICES Licensed Real Estate Broker CB © Richard EIIis Braemar Office Park 8000 West 78th Street Suite 150 Edina, MN 55439-2534 612 829 1 180 Tel 612 829 1170 Fax 612 924 4698 Voice Mail cjgunderson@cbrich'ardellis.com 1/11A#1e7 Tf ) TNTT bo,`L_p;,v s s o(I T H of -r-ti& coo/ se--R Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 612-832-2600 • Fax: 612-832-2601 BARR Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO 0 370 VIA FACSIMILE (612)-927 February 25, 2000 Mr. Wayne D. Houle Assistant City Engineer City of Edina 4801 West 50t Street Edina, MN 55424-1394 Re: Braemar Pathway Concept Wetlands Rules Considerations Dear Mr. Houle: Barr understands the City of Edina is considering development of a walking path in proximity of the south border of the Braemar Golf Course, located north of Interstate Highway 494 and east of US Highway 169 (Section 7, Township 116N, Range 21W). As requested, Barr Engineering Company has prepared some general information pertaining to wetlands and protected waters, for the City to consider while evaluating the potential benefits and costs associated with the development of such a pathway. This letter addresses pertinent wetlands rules, regulations, and permitting issues, as well as general information regarding the costs and scheduling aspects of tasks that may be necessary if pathway development proceeds. This information is presented for discussion purposes only. Barr would be happy to prepare more task specific proposals with better defined cost and schedule estimates based upon the City's specific project needs, should the City decide to move further ahead with this planning process. As you are aware, Barr is very familiar with the specific area of land under consideration due to Barr's previous project work in that area. Also, Barr represents the Nine Mile Creek Watershed District LGU on wetlands matters in this land area. C:\llck\CLIENI\Edina\Braemar Pathway.doc Mr. Wayne D. Houle February 25, 2000 RE: Braemar Pathway Concept Wetlands Rules Considerations Page - 2 - Wetlands Rules, Regulations and Permitting The information presented below is intended only as an overview of wetland rules, regulations, and potential permit needs. There are several types of impacts to wetlands and waters resulting from pathway construction which could require one or more permits from more than one local, state, and/or federal government agency. Most of these regulatory requirements stem from the Federal Clean Water Act and its amendments (CWA) and/or the Minnesota Wetland Conservation Act of 1990 (MnWCA). The attached figure (source: MnWCA) illustrates federal, state and local agency jurisdiction over wetlands, which (generally) correlates with different hydrologic conditions. The specific permit requirements Barr anticipates for the kind of pathway project the City is considering are three -fold: (1) a CWA Section 404 Permit; (2) a MNWCA permit; and, (3) a MnDNR permit for work in State Protected Waters. CWA Section 404 Permit CWA Section 404 regulates the discharge of dredged or fill material into waters of the United States, including wetlands. The program is jointly administered by the U.S. Army Corps of Engineers (ACOE), which has direct responsibility for evaluating permit applications, and the Environmental Protection Agency (EPA), which is responsible for environmental criteria that govern permit issuance and enforcement actions. As a general rule, all discharges of fill and dredged material in any wetland or water area requires a Section 404 permit. It may be possible to proceed with construction in a wetland without notifying or receiving confirmation from the ACOE, but only if the proposed construction has the potential to fill 400 square feet or less of water or wetland area, the area to be filled is not adjacent to or within 300 feet of lakes listed in the MnDNR Public Waters Inventory, and other provisions are met. Barr anticipates the total wetland area impacted by the pathway under consideration would require a Section 404 permit. Prior to submittal of a Section 404 permit application, a project proponent is required by CWA regulations to: (1) attempt to avoid wetland impacts to the extent practicable; (2) attempt to minimize the impacts; and, (3) propose a replacement plan for any impacted area with another wetland of equal function and value. In the past, ACOE offered a nation wide permit which allowed for the filling of a small area ofwetland or water area without needed mitigation. Although this nation wide permit is no longer available, a similar permit may be developed and made available later this year. Barr anticipates, however, that a mitigation plan will be required for the pathway under consideration. The Section 404 permit application narrative must clearly demonstrate that no alternative exists which would result in less adverse impact on the aquatic environment or other significant environmental problems that is practical to accomplish the purpose of the project. It must also be shown that the project will not violate other applicable laws such as the Endangered Species Act. In addition, CWA Section 401 must be complied with before a permit can be issued. Under Section 401, the Minnesota Pollution Control Agency (MPCA) must also certify that the activity complies with the State's water quality standards, or waive its right to so certify, or not take action within a specified time. C:\11ck\CLIENTEdina\Braemar Pathway.doc Mr. Wayne D. Houle February 25, 2000 RE: Braemar Pathway Concept Wetlands Rules Considerations Page - 3 - The timing to receive a permit decision from the ACOE is dependent on the magnitude of wetland and other environmental impacts. For minor impacts without a mitigation requirement, authorization can be given within 2 - 4 weeks from receipt of a complete application. More complex projects can take up to a year to receive authorization. Barr suggests that for planning purposes at this time, the City anticipate that a permit decision for this type of construction project would likely require at least 3 months. MnWCA Permit MnWCA and associated rules (MR Chapter 8420) regulate activities that impact wetlands in Minnesota by draining or filling. The MnWCA is administered by local government units (LGU) with oversight provided by the Board of Water and Soil Resources (BWSR). In most cases, there is sufficient overlap between the federal and state programs that one permit document can be prepared that will address the requirements of both programs. Generally, MnWCA requires that twice the amount of wetland area be provided to replace the impacted wetlands within Hennepin County. Certain exemptions may apply which can reduce the total required mitigation area. For instance, MnWCA contains a De minimis exemption, which allows an applicant to fill up to 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland protection. An application and wetland replacement (mitigation) plan are required to be submitted to the LGU, and the permit and mitigation plan must be approved before construction can take place. The MnWCA permit application review process currently takes approximately 45-60 days for approval. MnDNR Protected Waters Most creeks, rivers and lakes in Hennepin County are governed by the Minnesota Department of Natural Resources (MnDNR), and are referred to as MnDNR protected waters. Nine Mile Creek is a MnDNR protected water. MnDNR regulates and requires a permit for any change in course, current, or cross-section of any MnDNR protected waters. As you know, the MnDNR is aware of the City's consideration of having a pathway bridge span Nine Mile Creek in the project area under consideration. MnDNR has stated their position that the activity of constructing a bridge that would span Nine Mile Creek will require a MnDNR permit for work in state protected waters, even if the span bridge is designed entirely above the ordinary high water level for the creek, above the 100-year flood elevation for the creek, and above any wetland areas adjoining the creek. The MnDNR's permit application review process currently takes approximately 60 days for approval. C:\11ck\CLIENI\Fdina\Braemar Pathway.doc Mr. Wayne D. Houle February 25, 2000 RE: Braemar Pathway Concept Wetlands Rules Considerations Page - 4 - It is theoretically possible that no MnDNR permit would be required for the pathway under consideration. For example, it is possible that no permit would be required if the bridge was designed and installed on a seasonal basis. Barr anticipates that a MnDNR permit would be required for this pathway under consideration. Even if the pathway design were such that a permit may not be required, Barr recommends the City gain written concurrence from the MnDNR that a MnDNR permit is not required. Typical Wetland and Protected Waters Planning Tasks The following is a sequential list of tasks that are typically involved in a wetland permitting process for this the type of pathway construction under consideration: 1. Define the land areas that may be disturbed/impacted by the project. 2. Set up pre -application meetings with the ACOE, MnDNR, and LGU to discuss the proposed pathway. Included in the discussion might be information concerning the location and potential type of path as well as what method of wetland delineation will be acceptable. 3. Delineate the jurisdictional wetlands and protected waters within the project area and prepare a report mapping these areas. 4. Gain written concurrence on the accuracy of the delineation from the LGU and Technical Evaluation Panel. 5. Design project plans, and evaluates alternatives to avoid and minimize wetland impacts to the extent practicable. 6. Develop a wetland replacement plan that describes the project, discusses alternatives evaluated which would avoid wetland impacts, and discusses attempts to minimize wetland impacts. 7 Develop a wetland mitigation plan(s). Determine method(s) of mitigation (i.e. restoration of drained wetlands within the watershed, creation of wetlands on existing upland areas, purchase of wetland banking credits, negotiations to provide other measures of protection to waters of the U.S., a combination thereof, etc.). Develop design plans for wetland mitigation. Develop a schedule for completing the mitigation plan. Develop a monitoring plan to determine/verify the success of the mitigation. 8. Meet with the ACOE, DNR, and LGU to discuss the proposed impacts and mitigation plans. 9. Revise permit application, pathway design, and/or wetland mitigation plan, as needed, and submit appropriate requests for approval to ACOE, DNR, and LGU. C:\11ck\CLIEN'I\Edina\Braemar Pathway.doc Mr. Wayne D. Houle February 25, 2000 RE: Braemar Pathway Concept Wetlands Rules Considerations Page - 5 - 10 Address issues and questions raised by ACOE review for compliance with Section 404(b)(1) Guidelines, MPCA Section 401 review, DNR review for compliance with the Protected Waters regulations, the WCA, LGU and comments from the public interest review. Make revisions to plan as required. 11 Receive permit approval from each agency. Proceed with construction as approved. Typical Scopes of Work and Typical Cost Ranges Presented below are descriptions of typical scopes of work and typical cost ranges that Barr anticipates for a project of this nature, if the City were to request Barr's assistance in conducting. These cost ranges are based on Barr's experiences with past projects, but are presented for discussion purposes only. A more defined study area for the construction ofthe pathway project would allow for greater detail in each of the task cost estimates. Task 1.0 Wetland Delineation After receiving the location for the study area, Barr would review the United States Geological Service (USGS) topographical maps, National Wetland Inventory Maps, the Soil Conservation Service (SCS) Soils Survey for Hennepin County, and the DNR Protected Waters Inventory Map before conducting on -site wetland delineations. The wetland delineations would be conducted according to the Routine On -Site Determination Method specified in the U.S. Army Corps of Engineers Wetland Delineation Manual (1987 Edition). A report would be completed which would include the location, classification, and size of all wetlands identified within the study area. The estimate below does not include the surveying of any wetlands found in the study area and assumes all wetlands found in the study area will need to be staked in the field. The field work for such a wetland delineation must occur during the growing season (generally May -October). Typical Cost Range for Task 1.0 on other Similar Projects: $4,000 - $12,000 Task 2.0 Preliminary Evaluation of Construction Plans Barr would review developed construction plans, in conjunction with the wetland delineation report and work with City representatives to make recommendations of alternatives to avoid and minimize wetland impact possibilities. Typical Cost Range for Task 2.0 on other Similar Projects: $3,000 - $13,000 Task 3.0 Prepare Wetland Mitigation Plan(s) If wetlands cannot be avoided, a wetland mitigation plan will be needed to meet the requirements of the MnWCA rules and the CWA Section 404(b)(1) guidelines. All necessary application forms would be completed and submitted with the plan. Generally, Barr recommends that to the extent possible for any project that all necessary mitigation activities take place on site to help in controlling costs and to meet permit requirements. At a minimum, the components of the wetland mitigation plan should consist of the following: C:\11ck\CLIENI\Edina\Braemar Pathway.doc Mr. Wayne D. Houle February 25, 2000 RE: Braemar Pathway Concept Wetlands Rules Considerations Page - 6 - A description of the development project; A characterization of the existing environmental conditions at the project site, including a description of all wetlands delineated within the proposed site and in potential mitigation areas (on site); A quantitative evaluation of impacts to wetlands on the project site; and, A wetland mitigation plan that addresses avoidance and minimization of wetland impacts, and the compensation of unavoidable impacts. Typical Cost Range for Task 3.0 on other Similar Projects: $4,000 - $15,000 Task 4.0 Coordinate Permit Process with Regulatory Agencies The wetland permit process should be coordinated with the ACOE, Nine Mile Creek Watershed District, MnDNR, and other local, state, and federal agencies (i.e. Board of Water and Soil Resources, U.S. Fish and Wildlife Service). This coordination typically consists of a pre- and post - application meetings and assistance in dealing with issues that may arise during review of the application. Typically a project manager would attend anywhere from two to four to discuss the proposed project, review the project site, and the mitigation site, and discuss any issues that may arise during the permit review. Typical Cost Range for Task 4.0 on other Similar Projects: $2,000 - $7,000 Barr would be pleased to provide other information on this topic, as requested by the City. Please call me if you would like to discuss the information presented in this letter or to request other information. Sincerely, Charley Kubler Sr. Environmental Management Consultant Attachment C:\11ck\CLIEN1\Edina\Braemar Pathway.doc State and Federal Jurisdiction over "WATERS" Public Waters: Water Basin Non- Wetiond Corps/EPA — CWA Section 404 PCA — CWA Section 401 DNR (OHWL)* LGU/BWSR WCA Public Waters Yo% 6osiin) Waters of the U.S. LGU BWSR WCA f .1 M'ETLANDS, Ordlnerr Nish Water Iced The O11ML is .n elevation delineating the higher( ..ter level that h.. benn m.lnl.ln.d Ior • sufficient period of (im• to leave evidence upon the landscape. commonly the point. wh.r• the natural vegetation Otani. Iron predominantlyaquatictopredominantlyl.rrertrial. Non -Wetland Corps/EPA CWA Section 404 PCA — CWA Section 401 LGU/BWSR WCA Waters of the U.S. YETLANDS% Nele: most loe•1 government units (LCUS) here edopled stele sherel.nd end floodpl.in zoning requirements into th•ir toning ordinance.. Cheek wllh your local toning office for requirements related to building sues. .• wag. tr..tm.n(. grading •nd filling and vegetative remev.l. Public Waters: Water Course Corps/EPA a >— CWA Section 404 PCA — CWA Section 401 LGU/BWSR WCA Corps/EPA — CWA Section 404 PCA — CWA Section 401 LGU/BWSR Corps Non - Welland Waters of the U.S. 19E ZANOS) WCA FLOODPLAIN - 111,th Waters of the U.S. RHA — Section 10 r— Is'ETG4ND.S) DNR (OHWL)* Waters of the U.S. Public Waters DNR (OHWL)* rafetcouisej Ordinary H rh Paler Lova Mac local government units (LCUS) hove adopted state .horel.nd The O1(1L ((or water wanes) Is the elevation of the top and floodplala toning requirement. Into their toning ordinance. of the bank of the eh.nne4 Check with your toe.( toning office for requirements related to building atlas. sewage treatment. grading and filling and vegetative removal. Non- Welland JJ/p-oow 6/93 18 BARR ENGINEERING COMPANY MEMORANDUM TO: BCO FROM: LCK DATE 07 SEPT 1995 RE: BRAEMAR Path Wetland Delineation and MnDNR Waters Determination 23/27-022 JDD 012) - I have completed staking the wetland delineation line for the wetland adjoining Nine Mile - Creek in the area of the proposed path at the southern portion of Braemer golf course. A total of 57 stakes were utilized to mark this delineation line- (see attached sketch). Additionally, 6 stakes have been placed at the level of the Nine Mile Creek ordinary high water mark by Mr. Joe Ricter (MnDNR) in the area of the proposed path span bridge. These stakes are located from an area around the 25th tee (on the west) and the Welsch Properties buildings on W. 70th Street (on the east). Mr. Ricter and I have toured the site, held one meeting with you and have conducted several telephone conferences regarding Mr. Ricter's determination of whether MnDNR protected waters or wetlands occur in the site. Mr. Ricter determined that MnDNR protected wetland 1013-W is not situated within the work area described above. Mr. Ricter will prepare and submit a letter to Barr confirming this determination. Mr. Ricter further determined that a MnDNR permit will be required for the placement of the proposed span bridge even though the proposal includes installation of the bridge above the 100-year flood elevation. Mr. Ricter determined this after consultation with his supervisor. This determination is based uponthe MnDNR's need to ensure that no construction activity in the area of a MnDNR protected water (Nine Mile Creek) adversely impacts that protected water. Mr. Ricter will prepare and submit a letter to Barr confirming this determination. 1ckl3a: \ BRAEMER \ DNR.mem Post -it® Fax Note 7671 To (%,<lA t J..cY Co./Dept. . e3) 4 • Date From /4 Co. f3j2/A/ pages I 6, 5 Q..9, j;, iLRsr 1 t{ F) i J T a 1nT a< 4C 11 CC; CC c; v ik Oil 1,1 r_ P II t ...Nit d 00 i .,;;O, 4._ z i'' s: A tai i ce A oi 4 4 1.1 9 t I z3 L• u' M • i rl 43 tj Q s 11i 1 r tn N89' 40' 56" W 1! 4-; r' 00 St 1. VO i .00N 09 *OV? oZV,Z1 AOS Ca CAD Ot 0 I '47V N \ N70 OD 4/e2 2 1"-c-0// ce .ss .aos City of Edina May 22, 1997 Mr. Jim Gates, PE Deputy Director of Public Works City of Bloomington 2215 West Old Shakopee Road Bloomington, MN 55431-3096 Re: Agreement for Placement of Pedestrian Bridge and Trail Between W. 78th Street & Corporate Boundary of Edina & Bloomington Dear Jim: Enclosed is four copies of the above agreement. This agreement was authorized by our council last Monday night. If this agreement is authorized by City of Bloomington, please sign and return two originals to the City of Edina, attention Candice Fiedler. Also enclosed is a copy of the report/recommendation to council for your information. Please contact me at 927-8861 if you have any questions or need additional information. Sincerely, Wayne D. Houle, PE Assistant City Engineer Attachments c: File City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 612) 927-8861 FAX (612) 927-7645 TDD (612) 927-5461 MAY 22'96 8:56 FR BARR ENGINEERING 612 832 2601 TO 99277645 P.01/03 Project number: Barr Attention: 8300 Norman Center Drive Minneapolis. MN 55437 Phone: 612/832.2600 Fax: 612/832-2601 555 West 27th Street Hibbing. MN 55746 Phone: 218/262-3465 Fax; 218/262-3460 Facsimile Cover Page r":"tu, 1-104rmap... From: 41i124-10141,1erft Regarding: & DNR deiterivenakeys4gretemar. iSsoculiwalK Date: 5/2a 74 Time: : Od AAA Total number of pages: 3 Fax number: 921'w ?44' 5 Long-distance code: 37 — 0227) ot2. Fax only Original to fofow The information contained in this fax is intended for the use of the individual named above. If this fax is received in error, pr if the transmission is incomplete, please call 612/832-2600 immediately and ask for l Additional comments: 4,4 recei tech C°PC444 /0- 27 -`l5 /3I»vll e7 e.r 1°/ 5 yolk h regrste 444:i Sowon Ei' a• P1aa.sL ca,Q,Q, , u JtaVt an c.o. S/ons . clee+ est"- MAY 22'96 8:57 FR BARR ENGINEERING 612 832 2601 TO 99277645 P.03/03 0 In d A4.0 U O 10) 1 In L c O 1n ., J im CO. c La.282 s la at a) Cs 1 am oft INF rr 7 MAY 22'96 8:57 FR BARR ENGINEERING 612 832 2601 TO 99277645 P.02/03 PHONE NO. MM STATE OF DEPARTMENT OF NATURAL RESOURCES0WATERS, 1200 Warner Road, St. Paul, MN 55106-6793772-7910 FILE NO. October 27, 1995 Mr. Charlie Kubler Barr Engineering Company8300NormanCenterDrive Minneapolis, MN 55437-1026 RE: Permit Status, Wetland 27-1013w, Braemar Golfcourse, City ofEdina, Hennepin County Dear Mr. Rubler: This letter is being written at your request concerning ourmeetingatBraemarGolfCourseonAugust9, 1995. Based on the field inspection mentioned above, the proposedboardwalkalongthesouthernedgeofBraemarGolfCourseis abovetheOrdinaryHighWaterLevelofPublicWatersWetland27-1013W. A DNR permit will not be required for constructing the proposedboardwalk. However, the trail crosses Nine Mile Creek furthereastoftheboardwalk. A DNR permit will be required toconstructtheproposedpedestrianbridge. The letter refers only to DNR Division of Waters requirements, and does not obviate the requirements of other local, state, orfederalgovernmentalunits. We recommend that actU.S. Army Corps of Engineers for any requirementsuthat conttheythe may haveconcerningthisproject. Thank you for contacting me on this matter. I apologize for the untimelinessofmyresponse. Should you have any questions concerningthisletter, contact me at 772-7910. Sincerely, L2 A4.A;& Joe Richter Staff Hydrologist JR/ cds c: Nine Mile Creek File I -- gg ks CS! 90.(05 O ti LD OzY 010116 CC lL i O 0 ZE CC Q j UU Cf) LL 1 FUTURE PEDESTR O ZET C7 QD O O -- rZ m Q O OD QD ZE Et W Cr) 1--- Q 1.1.1 l,L EXHIBIT A PROPOSED PEDESTRIAN TRAIL & BRIDGE BRAEMAR PATH - CITY OF ED I NA To: From: REPORT/RECOMMENDATION Mayor & City Council Francis HoffmanCityEngineer Date: May 19, 1997 Subject: Agreement for Placement of Pedestrian Bridge & Trail Between W. 78th St. the Corporate BoundaryofEdina & Bloomington Agenda Item # v.E. Consent 0 Information Only 0 Mgr. Recommends 0 To HRA To Council Action 0 Motion Resolution O Ordinance Discussion Recommendation: Authorize agreement and authorize Mayor and Manager to sign agreement for placement ofpedestrianbridgeandtrailbetweenW. 78th Street and the corporate boundary of Edina andBloomington. Info/Background: This agreement will help finalize the continuation of the Braemar Trail System. During thelatestconstructionoftheBraemarGolfCourseExpansionthesouthernportionoftheBraemartrailwassevered. The proposed path will be located along to the southerly side of Nine MileCreekandnorthofWest78thStreetwithinthecorporatelimitsoftheCityofBloomington. ThislocationisduetoboththelackofuplandpropertyalongthesoutherlylineofBraemarGolfCourseandthewetlandconditionswhichexistinthisareaalongNineMileCreek. The proposed pedestrian bridge and trail will connect the easterly Braemar Trail to the existingsidewalklocatedonthenortherlysideofWest78thStreetandWestBushLakeRoad. ThisconnectionwillhelpprovideaZinkbetweentheeasterlyBraemarTrailandthewesterlyBraemarTrailviaanexistingsidewalkalongWest78thStreet. The existing west Braemar Trail will beextendedtothesouthalongthewestpropertylineofBraewoodParktothesidewalkatWest78U' Street. A future trail will be constructed along the northerly property lines of Braewood ParkandBraemarBusinessCenter, providing a more natural environment for trail users. The futuretrailwillbeconstructedfollowingthereconstructionoftheintersectionatWest78tStreetandWestBushLakeRoad. Report/Recommendation Agenda Item V.E. Page Two The City of Edina staff and the City of Bloomington staff have been working on this agreement to place the pedestrian bridge and a portion of the trail within the corporate limits of Bloomington. The pedestrian bridge and trail will be constructed at the City of Edina's cost. All future maintenance, except for major maintenance of the bridge and trail will be at the City of Edina's cost. Any easements required from other property owners will be acquired at no cost to the City of Edina. As such, staff would recommend entering into this agreement with the City of Bloomington. AGREEMENT FOR PLACEMENT OF PEDESTRIAN BRIDGE AND PEDESTRIAN TRAIL BETWEEN WEST 78T" STREET AND THE CORPORATE BOUNDARY OF EDINA AND BLOOMINGTON THIS AGREEMENT, made and entered into this day of 1997, by and between the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Bloomington", and the City of Edina, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Edina". WHEREAS, Edina desires a Pedestrian Bridge and Trail within Bloomington's corporate limits to provide a link from the existing Braemar Pedestrian Trail to the existing pedestrian pathway/sidewalk along West 78th Street in Bloomington. WHEREAS, the plan to create this connection would involve the construction of a pedestrian bridge and trail (the "Pedestrian Bridge and Trail") within Bloomington's corporate limits and as generally depicted in attached Exhibit A hereto; WHEREAS, Bloomington concurs in the concept and is willing to cooperate in the construction of the Pedestrian Bridge and Trail as further described below; WHEREAS, Edina and Bloomington also desire to set forth their agreement regarding a second segment of pedestrian trail in the same vicinity which would be constructed in the future (the "Future Pedestrian Trail"); NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND TERM HEREIN, IT IS HEREBY AGREED THAT: The construction of the Pedestrian Bridge and Trail shall be under the supervision of Edina. Edina will prepare plans and specifications per governing regulations (including accessibility and safety standards), receive bids or quotes, enter into contracts for these improvements, and provide construction administration. Bloomington City Engineer shall cooperate with the Edina City Engineer and staff thereof, but will have no responsibility for the supervision of Pedestrian Bridge and Trail improvements. II. Edina shall acquire easements from non-public landowners, and required permits for the Pedestrian Bridge and Trail Improvements. III. Bloomington will allow the use of the necessary rights -of -way, easements for construction for the Pedestrian Bridge and Trail Improvements as it affects public right- of-way within the corporate boundary of Bloomington. 1 Iv. Edina shall pay construction costs associated with the Pedestrian Bridge and Trail Improvements, and shall be responsible for any costs incurred. Any additional projects constructed by Bloomington shall be constructed at Bloomington's expense. V. At the time of reconstructing the intersection of West 78th Street and West Bush Lake Road, Bloomington shall at its expense relocate the Pedestrian Trail if required and rough grade a Future Pedestrian Trail from the proposed bridge to the easterly property line of 7612 - 7700 West 78th Street. Thereafter, Edina shall at its expense, surface the Future Pedestrian Trail. VI. All records kept by Edina and Bloomington with respect to the Pedestrian Bridge and Trail Improvements and the Future Pedestrian Trail Improvements shall be subject to the examination by the representatives of each at reasonable times during normal business hours. VII. It is further agreed that any and all employees of Edina and all other persons engaged by Edina in the performance of any work or services required, volunteered, or provided for herein to be performed by Edina shall not be considered employees or agents of Bloomington, and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Bloomington. Bloomington shall not be held liable for any labor, material or contractual claims based on the proposed work performed by Edina. VIII. It is further agreed that any and all employees of Bloomington and all other persons engaged by Bloomington in the performance of any work or services required, volunteered, or provided for herein to be performed by Bloomington shall not be considered employees or agents of Edina, and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Edina. Edina shall not be held liable for any labor, material or contractual claims based on the proposed work performed by Bloomington. 2 Ix. From and after completion of the Pedestrian Bridge and Trail improvements and the Future Pedestrian Trail Improvements, Edina shall perform at their expense, routine maintenance to include minor repairs of the bridge and decking, annual maintenance of bituminous surface, and grading of any aggregate trail. Any major maintenance of these portions of the Pedestrian Bridge and Trail and the Future Pedestrian Trail located within the corporate limits of Bloomington will be a 50/50 split between Edina and Bloomington and will include bituminous overlay, and bridge replacement. X. Edina hereby agrees to indemnify and hold harmless Bloomington and Bloomington's officials and employees for any loss, costs, damages, and expenses including attorneys' fees) in connection with any claim or proceedings arising out of any use, design, operation or maintenance of the Pedestrian Bridge and Trail and the Future Pedestrian Trail, other than claims or proceedings arising from any negligent or unlawful acts or omissions of Bloomington or their contractors, agents, officers or employees. Any such indemnity sought from Edina shall be subject to the limitations of liability on any claim contained in Minnesota Statutes, Section 466.04. Promptly after receipt by Bloomington of notice of the commencement of any action in respect of which indemnity may be sought against Edina hereunder, Bloomington will notify Edina in writing of the commencement thereof, and, subject to the provisions hereinafter stated, Edina shall assume the defense of such action (including the employment of counsel , who shall be counsel satisfactory to Bloomington and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against Edina. Bloomington shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of Bloomington unless the employment of such counsel has been specifically authorized by Edina. Edina shall not be liable to indemnify any person for any settlement of any such action effected without its consent. XI. All notices, reports, or demands required or permitted to be given under this agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with the registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Edina: To Bloomington: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Engineer/Public Works Director 2215 West Shakopee Road Bloomington, Minnesota 55431 Attention: Director of Public Works 3 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDINA Its Mayor Its Manager CITY OF BLOOMINGTON Its Mayor Its Manager 4 PEDESTRIAN BRIDGE AND TRAIL Rio mIei 005< 3. 10.6I Apt reelrim===.' - 1Prityyra ' f I 9. 6 N. SI.90.2pS 3. EE.55.DOS I EXHIBIT A W CD CC Ea Q CC Q CC I LLJ LLJ a Io ruJv J 0 a 0 CC 0 BRAEMAR PATH - CITY OF ED I NA AGREEMENT FOR PLACEMENT OF PEDESTRIAN BRIDGE AND PEDESTRIAN TRAIL BETWEEN WEST 78Th STREET AND THE CORPORATE BOUNDARY OF EDINA AND BLOOMINGTON THIS AGREEMENT, made and entered into this day of 1997, by and between the City of Bloomington, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Bloomington", and the City of Edina, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Edina". WHEREAS, Edina desires a Pedestrian Bridge and Trail within Bloomington's corporate limits to provide a Zink from the existing Braemar Pedestrian Trail to the existing pedestrian pathway/sidewalk along West 78th Street in Bloomington. WHEREAS, the plan to create this connection would involve the construction of a pedestrian bridge and trail (the "Pedestrian Bridge and Trail") within Bloomington's corporate limits and as generally depicted in attached Exhibit A hereto; WHEREAS, Bloomington concurs in the concept and is willing to cooperate in the construction of the Pedestrian Bridge and Trail as further described below; WHEREAS, Edina and Bloomington also desire to set forth their agreement regarding a second segment of pedestrian trail in the same vicinity which would be constructed in the future (the "Future Pedestrian Trail"); NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND TERM HEREIN, IT IS HEREBY AGREED THAT: The construction of the Pedestrian Bridge and Trail shall be under the supervision of Edina. Edina will prepare plans and specifications per goveming regulations (including accessibility and safety standards), receive bids or quotes, enter into contracts for these improvements, and provide construction administration. Bloomington City Engineer shall cooperate with the Edina City Engineer and staff thereof, but will have no responsibility for the supervision of Pedestrian Bridge and Trail improvements. II. Edina shall acquire easements from non-public landowners, and required permits for the Pedestrian Bridge and Trail Improvements. III. Bloomington will allow the use of the necessary rights -of -way, easements for construction for the Pedestrian Bridge and Trail Improvements as it affects public right- of-way within the corporate boundary of Bloomington. 1 Iv. Edina shall pay construction costs associated with the Pedestrian Bridge and Trail Improvements, and shall be responsible for any costs incurred. Any additional projects constructed by Bloomington shall be constructed at Bloomington's expense. V. At the time of reconstructing the intersection of West 78th Street and West Bush Lake Road, Bloomington shall at its expense relocate the Pedestrian Trail if required and rough grade a Future Pedestrian Trail from the proposed bridge to the easterly property Tine of 7612 - 7700 West 78th Street. Thereafter, Edina shall at its expense, surface the Future Pedestrian Trail. VI. All records kept by Edina and Bloomington with respect to the Pedestrian Bridge and Trail Improvements and the Future Pedestrian Trail Improvements shall be subject to the examination by the representatives of each at reasonable times during normal business hours. VII. It is further agreed that any and all employees of Edina and all other persons engaged by Edina in the performance of any work or services required, volunteered, or provided for herein to be performed by Edina shall not be considered employees or agents of Bloomington, and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Bloomington. Bloomington shall not be held liable for any labor, material or contractual claims based on the proposed work performed by Edina. VIII. It is further agreed that any and all employees of Bloomington and all other persons engaged by Bloomington in the performance of any work or services required, volunteered, or provided for herein to be performed by Bloomington shall not be considered employees or agents of Edina, and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Edina. Edina shall not be held liable for any labor, material or contractual claims based on the proposed work performed by Bloomington. 2 O F- CITY OF BLOOMI J Saz d.Li.00S S P2 __ 3,[t,iE.105 1/ p la 2.¢ I Ct L 3 4. 3 d[ .55.005 EXHIBIT A c[ ca cc cc J 0_ rLU v J Q cc a gizr Lu UL O U a Cc Q CC 2169 Energy Park Drive • St. Paul, MN 55108 612) 646-8119 FAX (612) 646-0289 April 5, 1997 John Keprios City of Edina Parks Department 4801 W. 50th St. Edina MN 55424 The enclosed photos are of projects we have done in the metro area. One is at Wargo Nature Center in Lino Lakes and the other is McCullogh Park in Shoreview. Bridgco has done a number of similar projects including floating and ground mounted walkways. Recently we completed a floating platform for Dakota County to be used as a wetlands classroom for elementary children. I would like an opportunity to talk with you about your upcoming projects for which you feel our products might be appropriate. Please call for further information or to arrange a meeting to discuss what we might be able to do for you. Sincerely Tom Howard