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93-013 - 02-02 Authorize Variance Right-of-Way 92 SI 3 Mendelssohn AveResolution 93-13 February 2, 1993 Member Johnson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING VARIANCE FROM MNDOT STATE AID STANDARDS (MINIMUM RIGHT-OF-WAY) MENDELSSOHN AVENUE - 92 SI 3 WHEREAS, the City of Golden Valley wishes to reconstruct Mendelssohn Avenue from Golden Valley Road to Plymouth Avenue; and WHEREAS, Mendelssohn Avenue is designated as a Municipal State Aid Street and is therefore eligible for State Aid funds to provide for said reconstruction; and WHEREAS, the provisions of State Aid Rules Section 8820.2500 require a minimum right-of-way width of 60 feet; and 169; and WHEREAS, the existing roadway is located within the right-of-way of T.H. WHEREAS, the City has no other option available to granting of said variance by the Commissioner of Transportation; and NOW, THEREFORE, BE IT RESOLVED, per the requirements of State Aid Rules Sec. 8820.3300, the City of Golden Valley is requesting that a variance from the State's Standards for Design of Urban Roadways be granted by the Commissioner of Transportation; and that as a condition to receiving a variance from the provi- sions of State Aid Rules Section 8820.2500, the Council of the City of Golden Valley does hereby indemnify, save and hold harmless the State and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance and further agrees to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of the granting of the variance. a ry A. < n, May r ATTEST: Shirley J lson, CityClerk The motion for the adoption of the foregoing resolution was seconded by Member Thompson; and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.