The URL can be used to link to this page

Home My WebLink AboutLilac bushes � �� HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 (612) 348-9260 FAX: (612) 348-9710 September 11, 2006 Re: Permit 36-06 for Removal of Lilac Bushes - Replant Deciduous David Flick Bay Ridge Road Wayzata, MN 55391 Dear Mr. Flick: I have enclosed two copies of the above permit. Piease review the permit and, if you agree to the terms, sign both copies and return one copy to this office. If you have any questions, please contact me at 612-348-9265. Thanks. Sincerely, �-------�--..__ l.� ohn Tripp Sr. Planning Analyst Cc: Ron Moorse, City of Orono Enclosures (2) BOARD OF COMMISSIONERS Peter McLaughlin Linda Koblick Mark Stenglein Gail Dorfman Mike Opat Randy Johnson Penny Steele Chair Vice Chair Secretary Treasurer HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 (612) 348-9260 FAX: (612) 348-9710 LANDSCAPEAND PLANTING PROJECT PERMIT File No. 73-37216B Permit No. 36-06 Name of Applicant David Flick, Permittee, Address 1461 Bav Ridqe Road, Wayzata, Minnesota 55391, desires to be a steward of Hennepin County Regional Railroad Authority (HCRRA)'s Dakota Rail Corridor by participating in the Dakota Rail Corridor Landscape and Planting Project for the purposes of beautifying the Corridor for Permittee's benefit and the benefit of the Corridor and surrounding community. As participants in the Project, Permittee will contribute piantings, landscapirg and related maintenance activities on the Dakota Rail Corridor on certain property owned by the Hennepin County Regional Railroad Authority (HCRRA), hereafter referred to as the "Permitted Property" in accordance with the terms of this Permit. Specifically Permittee has permission to: remove lilacs bushes located on HCRRA riqht-of-way such that approximately three deciduous trees can be planted and maintained on Bay Ridqe Road riqht-of-wav to restore and complete existinq line of trees, as shown on Exhibit A ("Permitted Work"). Permittee is responsible for the manner and method of performing the Permitted Work and shall ensure that the Permitted Work is performed in a careful and skillful manner and in a matter that does not conflict with the terms of this Permit. The Permitted Work, and all materials and labor supplied in regards to said work, shall be at Permittee's sole cost and expense and not that of HCRRA. Upon termination of this Permit, all plantings and other property shall be considered part of the Dakota Rail Corridor and not the property of the Permittee, unless otherwise specifically stated in this Permit. The Permitted Property is marked in pink on the attached Exhibit A and described as follows: The easterly 42 feet of that part of HCRRA's Dakota Rail Corridor riqht-of-way which is between the north and south lines of Tracts D and O of Reclistered Land Survey No. 0192 extended westerlv, in the City of Orono, Minnesota, and as shown on Exhibit A. Exhibit A is attached and incorporated bv reference in this Permit. GENERAL REQUIREMENTS 1. No work shall be started until this Permit is approved and issued. 2. During installation and landscaping Permittee shall protect the work site, as necessary, with proper signs and barricades_ 3. Permittee must notify HCRRA that work has been completed and ready for final inspection. BOARD OF COMMISSIONERS Peter McLaughlin Linda Koblick Mark Stenglein Gail Dorfman Mike Opat Randy Johnson Penny Steele Chair Vice Chair Secretary Treasurer 4. Permittee shall not make changes in the use of this Permit without the permission of HCRRA. 5. HCRRA retains the right at its sole discretion to revise, relocate or close any entrance to the Dakota Rail Corridor, and to revoke this Permit for any or no reason. 6. Permittee acknowledges and understands that HCRRA at its sole discretion may modify or remove any plantings and landscaping materials placed on the Permitted Property due to future implementation of Light Rail Transit or other transportation improvements, or for any other reason. 7. Permittee is responsible to abide by all local, state or federal ordinances or regulations in the exercise of the rights herein given. 8. Permittee must protect all existing utilities, including fiber optics, waterways and drainage lines. 9. Burning or disking operations and/or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without prior written approval from the HCRRA. 10. Permittee is responsible for correcting any failures due to settlement, erosion, lack of vegetation growth, rutting, or other problems related to the use of this Permit, at the expense of the Permittee. 11. Permittee shall restore all disturbed areas to original or better condition. 12. Permittee shall not use, employ, store, dispose of, or otherwise release any hazardous substance or pollutants or contaminants on HCRRA property. 13. Upon termination of this Permit, Permittee and Permittee's volunteers and employees shall have no claim of right to the Permitted Property. Nor shall they have any claim of right to any property placed upon the Permitted Property except as specifically stated in this Permit or at the time HCRRA grants written permission for installation of the property on the Permitted Premises. 14. The cost of this Permit shall be One and 00/100 Dollars ($1.00). SPECIAL PROVISIONS 1. Permittee hereby agrees to plant and maintain at least three dedicous trees on Bay Ridge Road right-of-way, adjacent to Permitted Property, if and when Permittee removes lilac bushes on HCRRA right-of-way. 2. Permittee shall remove all branches and debris and smooth and seed any disturbed areas. 3. The rights granted in this Permit are non-exclusive and Permittee shall not install fences or barricades or make other improvements or install plantings on Permitted Property that restrict the general public from entering and using Permitted Property. 4. Permittee shall design landscaping and planting work to benefit both Permittee and the general public using trail. 2 5. Permittee shall not remove any trees or other naturally occurring vegetation from Permitted Property without prior consent of HCRRA, unless otherwise stated in this Permit. 6. Permittee shall not plant any trees or large stemmed bushes or install any decorative rock within 20 feet of the centerline of the proposed recreational trail, nor shall Permittee plant or disturb natural vegetation occurring within a ditch, including a ditch adjacent to trail (for water drainage purposes). 7. Permittee shall plant only native or hardy plant stock suitable to grow in area with minimal maintenance. 8. It is Permittee's responsibility to construct a landscape plan prior to installing any new plantings or landscape work and Permittee shall not install any new planting or landscaping work without prior approval of the landscape plan by HCRRA; landscape plan shall include location, variety, and number of proposed trees or other plants. 9. Fire pits or bonfire sites are not permitted on Permitted Property. 10. Permittee shail erect no compost bins, sheds, or other structures on Permitted Property. 11. Permittee shall not store boats, boat trailers, or other private property on Permitted Property unless otherwise stated in this Permit. 12. Permittee shall not dump waste materials such as branches, grass clippings, or leaves on Permitted Property or HCRRA right-of-way. 13. It is Permittee's responsibility to be certain that all participants in landscaping or other work done by Permittee on Permitted Property are aware of the safety precautions outlined in the attached "Guidelines and Safety Tips". Additionally, it is Permittee's responsibility to be certain that all participants in Permitted Work have sufficient health insurance coverage. 14. Permittee and HCRRA agree that the installation of architectural artifacts, sculpture art pieces, or other non-plant hardscape shall be approved on a piece by piece basis and shall be installed only after Permittee receives written permission from HCRRA. Whether said permission will be granted is at HCRRA's sole discretion. 15. Permittee shall be responsible for correcting any unsafe or unsightly condition resulting from Permittee's use of the Permitted Property, including but not limited to, those related to erosion. HCRRA's determination of what constitutes an unsafe or unsightly condition is within HCRRA's sole discretion. 16. Permittee understands that HCRRA owns the Dakota Rail Corridor, of which the Permitted Property is a part, and that HCRRA acquired this right-of-way for light rail transit and other permitted transportation uses. HCRRA anticipates granting Three Rivers Park District permission to use a portion of the right-of-way for trail purposes subject to HCRRA's future use of the property. Permittee shall obtain prior approval from the Three Rivers Park District to use the proposed trail for delivery of materials such as dirt, compost, or wood chips by contacting Del Miller, Trails Coordinator, 763-559-6754. 3 17. Permittee is aware that underground fiber optic communication cables, in addition to other underground utilities, may have been installed on the Permitted Property, it is the Permittee's sole responsibility, at the Permittee's sole expense, to properly locate and protect these and all utilities. 18. At all times during its occupancy of the Permitted Property, Permittee shall be responsible for 100 percent of the expense of maintaining the Permitted Property and keeping any permitted landscaping in good repair. Permittee shall use reasonable precaution to prevent waste, damage, or injury; and shall modify, repair, or replace permitted plantings and landscaping as necessary during the term of the Permit. 19. At no time in exercising the rights granted in this Permit shall Permittee and Permittee's volunteers and employees be considered employees of HCRRA, nor shall they be considered covered volunteers or other covered third parties under the Workers' Compensation Act of Minnesota, nor in any other manner be the obligation or responsibility of HCRRA. Nor shall HCRRA be responsible for the actions of Permittee and Permittee's volunteers and employees. 20. Permittee shall be solely responsible for payment and satisfaction of any claims for work performed on the Permitted Property and any claims for plantings, landscaping, materials and any other equipment or materials furnished pursuant to this Permit and shall promptly remedy any claim for which a mechanic's lien is asserted. 21. Permittee shall defend, indemnify and hold harmless HCRRA, its commissioners, officers, agents and employees from any liability, claims, damages, costs, judgments or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of Permittee, its contractors, subcontractors, officers, agents, employees, volunteers, customers or invitees arising out of the work permitted to be done herein and the continuing uses permitted, including but not limited to the placement, construction, reconstruction, maintenance, relocation and other use of the Permitted Property under this Permit. This Permit is revocable at any time and at the sole discretion of HCRRA and without any compensation to Permittee. THIS PORTION OF THE PAGE IS INTENTIONALLY LEFT BLANK 4 (I, We), the undersigned, herewith accept the terms and conditions of the regulations as laid down by HCRRA and agree to fully comply therewith to the satisfaction of the HCRRA. Permittee Date • Permittee � . • HCRRA ` Date ��Z� • ' ' Director, H usi g, Community Works and Transit 5 � O � . _� � �_ � � - � � . � � � - � r � _ � ' , � � � ' o , � ye � - � � ,- \ . ,\ ., � , � �- � `� �� 'cS _ _ � ' \ . _ � C ~� � � � y � �, � _ _, D� �1� /�� - � �1v'`�._ \ � � � � . � "� ;°�+"`; , ''� �\ � �� V✓ r� � I . �_ \\\ ` � � � �� , , _, , � � �,�lD � Q i-� �,l � ' � _ � G � � � , a�,� � `�` pR� o ,\ \ � , -� �O �j � . I ; , , \ P SED � , � �0� , � D !� _ ,\ � , � � _ , T�jL , G � _ S�8 _ � � S � , . , , d�—�� _ . .� � � -r� � , . , �p� �� , � � � ' �8 � �� ' � �8 � � � . , � � � � � � � � D Tj �v � � � _, . � , 8 � �� -� `�� -� , � . �,, �0� ; � s �. . �t8 � � � ; � ra -�. � w � � � � . � � � � � � � . � -� � .� �. o .� o --�, :a C.� � � n W � � 7p oo c�' -� O� c�, � --� � � � � 1 � � � \ � .� �� s � � � ►� bd w � -� v� �3 �� r, , , � � � 7�. , � � - � ,� � � � �O --I rf � \ � � , � ;s1 \ I • �� I �, '� � �� 1 _ A < � VO � . /_' '�-�� o m \�� Q o, C7 .� � � ��+-, � � _ ,� . ��,. n� -:-_ _