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HomeMy WebLinkAbout78- Sebena Conditional Use Permit Agreement Rt: City of Bozeman ',/ .. Fee: ----- , -' ~,. ; . ~~:, . fiLM 44 f^GE 1514 \ State of Mont., Ceunty of Gallatin. ss Filed for record .Tnl y 6 , 1978 at 8, De:.. A M.. and recorded In Book 44 of MISCELLANEOUS ~514 .. ,1 ol: SlurL, Recorder. By ~...u./ 4Jj. ~ r uty CONDITIONAL USE PERMIT AGREEMENT THIS AGREEMENT, made and entered into this 24th day of May, 1978, in the City of Bozeman, by and between the CITY OF BOZEMAN, acting by and through its duly appointed City Manager, pursuant to the direction of the City commission of and for the City of Bozeman, hereinafter for convenience collectively referred to as "City," and WILLIAM J. SEBENA, of Bozeman, Montana, hereinafter for convenience referred to as "Applicant," is as follows: WIT N E SSE T H : WHEREAS, Applicant heretofore requested a Conditional Use Permit for the construction, installation and operation of an asphaltic concrete batch plant and associated and necessary accessory office and shop facilities on a parcel of real property located in the City of Bozeman, State of Montana, and more particularly described as follows, to wit: 2.77 acres in the SWI/4SWl/4SWI/4, Section 31, Township I South, Range 6 East, M.P.M., which parcel of real property is located on the north side of East Griffin Drive and west and adjacent to the Burling- ton Northern Railroad right of way: and WHEREAS, the City, pursuant to notice given, held a public hearing, at which public hearing testimony was offered and received in support of and in opposition to said Conditional Use Permit: and WHEREAS, the City is desirous of giving and granting said Conditional Use Permit to Applicant, subject to certain terms, covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the giving and granting of a Conditional Use Permit by City to Applicant . ~ . ~ .: ... t,- . FILM 44 f^CE 1515 for the construction, installation and operation of an asphaltic concrete batch plant and associated and necessary office and shop facilities on the hereinabove described real property, and further, for and in consideration of the terms, covenants and conditions hereinafter set forth, reserved and contained on the part of the Applicant to be kept and performed, City does hereby grant and give unto Applicant the Conditional Use Permit applied for, subject to the following terms, covenants and conditions, to wit: l. Submission and approval of a site plan for the entire property showing the general and approximate location of all facilities to be con- structed thereon. 2. Submission and approval of a landscaping plan for the front (south) area of the property with a suggested vegetative planting proposal. 3. That all trucks, machinery, and miscellaneous paraphernalia be housed and maintained to the rear (north) of the property, behind shop area. 4. That no gravel be washed on the property. In the event applicant should desire in the future to wash gravel on the property, he will be required to apply for and receive a Conditional Use Permit to do the same. 5. That the applicant comply fully with the rules, regulations and laws of the State of Montana, insofar as air quality control is concerned, as the same exists from time to time, specifically the New Source Performance Standards, as are implemented and overseen by the Pepartment of Health and Environ- -2- . ... . ,,"" fILM 44 PAGE 1516 mental Sciences of and for the State of Montana, including, but not limited to, rules, regulations and standards governing odor, noise, noxious sub- stances and water quality. 6. That the site, and the whole of it, be kept in a well maintained manner and fashion, free and clear of all trash and rubbish. 7 . That a 40 foot buffer be provided on the front (south) area of the property to assure and allow for future development of East Griffin Drive. 8. That no permit shall issue until the site plan, landscaping plan, construction permit from the Air Quality Control Division of the Department of Health and Environmental Sciences, and the requisite approval of the County Sanitarian insofar as the use of the existing septic tank system are received. 9. That the premises be reviewed by the Zone Enforcement Office, or an appointed representative thereof, for compliance of each and everyone and all of the conditions set forth within the Conditional Use Permit agreement within one (I) year of the issuance of the same, and thereafter on an ongoing basis. 10. That a violation of any condition herein stated shall be grounds for revocation or suspension of the Conditional Use Permit. 1I. That no trash or rubbish shall be burned on the site. It is agreed and understood by and between City and Applicant that this agreement, the whole of it, and the terms, -3- . 1 , , I' t: 'I - ,/I ~ I . ' , . FILM 44 rAGE 1517 covenants and conditions herein set forth, reserved and con- tained, are intended to be, and are, covenants which shall run with the land for so long as an asphaltic concrete batch plant is located and operated thereon. IN WITNESS WHEREOF, the parties hereto have hereunto signed this Conditional Use Permit Agreement as of the day and year first above written. CITY OF BOZEMAN: By , ,/Z--- E -- APPLICANT: ~~~~S~" ILLIAM J. -4- , ._ ~ . I- ".'~"'\ I ~. :~. t ,) . . . STATE OF MONTANA ) FILM 44 f^CE 1518 : ss. County of Gallatin ) On thi s 24 th day of May, 1978, be fore me, a Notary Public for the State of Montana, personally appeared SAMUEL C. GESKO, JR. and ERNA V. HARDING, known to me to be the Ci ty Manager and City Clerk, respectively, of Bozeman, Montana, and acknowledged to me that they executed this instrument on behalf of the City of Bozeman, Montana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. ,<(\I,'.\,:'~\i., ~. ."~f "" .,\ .~\('\..l',,,"'. ",,' J ,.,' IT ..... ~~..~ ',...1iII1'''",j. ~~." '>'.. .::""r:-",'" ~,&~.,., ~--a.....~ ~.:> .. . ublicor theStat~"(!).: ':~~~~b\ I/> \ Resldl '1 a~ Bozem~n,Monta~':'.i. ~,:~'~} ; My Commlsslon explres .-g....~;-.1.?:l!I'f-:;.l~4 ~. ~~. . t 1. I. .. - ~:' ;;;', ""'III r J.. '.. " .. .. "..".... ..It,_\,,, ..... "IIV ,1;;..tfP..t\~\~:",_~~ STATE OF MONTANA ) ~;.::,,~.(J \,' ".\\;:' I, ,,,,,.T'" \ : ss. County of Gallatin ) On this Ci( day of May, 1978, before me, a Notary Public for the State of Montana, personally appeared WILLIAM J. SEBENA, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. .,,' !tn".,) .,.. ,';r'"": :;.'c ~'}I,,! ... :. ,~.(>:..,.. "'<>"~>~, Notar Pu lC for the Sta~~~h~~al1~;) % Resid' ng at Bozeman, .Mon.t.an...~ ~. \..:.... ~: i I" I ~' \ '''1.''''' ,~' t,.. I'. '& My Commlsslonexp1res ~~!,~ A "'. ~. l~. xr $: . . " '''1 1 , .~ .~ ,/;'". ' ',':~ '..,..'} 1\,,,\.... ; .>1'"... ..,,/~... "II"' ,".", '0:.... ~.. ../ .:;.~. ~..~~',':':'~:;'.~~:''''' -5- ---- . ..' _.- .-. ....... ~,JP r . ." .~ GALLATIN COUNTY EN ~CHMENT APPLICATION AND PERMIT Griffin Drive (Project 01' Road Affected) (Maintenance Number) Install two ~pprn~~ha~ (Insert Nature of this Perm~t -..... J.. Name of Applica~t: William J. Sebena '1 Address of Applicant: % Lewis & Clark Motel .. . Bozeman, Montana , .l . If Applir.:?nt is a C~=poration give State of incorportation and names of President & Secretary: 4. Nature of Permit (lel'Jired: (Give sufficient detail to permit thorou~h understanding, and su'b!nit blueprints or sketches, in triplicate, if desired by Commissioners.) Install two (2) approaches on North side of road ". Geographical points at or ne3r which installations or structure"; will be i!lst<1l1~d: sw 1/4 Sw 1/4 of SEC 31, T2S, RSE, South & 6. For how long a per1118StsOth~Up~iIil'~O!eW'f~a~rn Right-ot-way 209 W Permanent Griffin DR 7- REMARKS: Two (2) Wide approaches located on westerly edge of property. The approach to the East will be for truck going in and the west approach for trucks goin~ out. Dated at Dozeman, Montana, this 24 ay of ~rr 1972-- ~\ X Subject to t h ~.~ following ~erms and conditions, the permit herein applied fv!.-- -- ~ he::eby granted: 1. TERh. This pet"mit shall be in full force and effect from from the date here of until revoked as herein provided. 2. RENTAL. Rental shall be .',- 3. REVOCATl~~ This permit .sy be rev~~ by the County upon giving 5 days' not ice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the County reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set forth herein. 4. COMMENCEMENT OF WO&K. No work shall be commenced until Permittee notifies County Road Superintendent when he proposed to commence work. 5. CH:_NGES IN HIGHWAY: If State or County changes highway nece:~sitating changes in structures or installations installed under this permtt, Permittee shall make necessary changes without expense to State or County. 6. STATE AND COUNTY SAVID HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/hiS successors or assigns, agree to protect the State and County and save them harmless from all claims, action, , , .i -. . . .. , . or damage of every kind and descri~tion which may accrue to, or be suffered by. any person or persons, corporations or property by reaSon of the performance of any such work. character of materials used, or manner of installation. maintenance and operation. or by the improper occupancy of said highway right of way. and i,l case any suit or action is brought against the State or County and ari~ir~ out of, or by reason of, any of the above causes. the Pc rm i ttee , i ~s/hls successors or assigns, wi 11, upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and ~citisfy any Judgment which may be rendered against the State or County in any such suit or action. 7. PR01ECTION OF TRAFFIC. Insofar as the inter~sts of tne State and County and the traveling public are concerned, all work performed under this permit shall be done under the supervision of the County Superintendent of Roads and his authorized representatives, dnd he/they shall indicate barriers to be erected, the lighting thereof o:.t night, placing of flagmen and watchmen, manner in which traffic 15 ~" ~)e hand 1 ed, and shall specify to Pe rm it tee how road ~u r f i.1ce is to be rapi2cc~ :f j ': i~ disturbed during operations. but said supervision shall in no wa; opcrnte to reli~ve or discharge Permittee from any of the obligation':> ilSSUli1l:d by acceptance of this rermit, and especially those set forth u~cler ~(~tion 6 hereof. 8. HI GHWAY DRAINAGE. If the work done under this ~ermit i;1 ti': rf c res in any way with the drainage of the highway affect\~d, rernlittce shall, at its/ his own expense, make such provisions as the County may direct to take eare of said drainage. 9. RUBB I SH Arm DEBR IS. Upon completion of war'. c.<':'ntemplated under this pc rm It, a 11 rubbish and debris shall be 1111:1,;"-' i ate 1 y removed and the roadway and roadside left in a neat and presentable condition that is satisfactory to the County. 10. WORK TO BE SUPERVISED EY COUNTY. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the County. and the County hereby reserves the right to order the change of location or rt:llloval of any structure or installation authorized by this permit at any time, said changes or removal to be made at the sole expense of the Permittee 11. COUNTY'S RIG~T NOT TO BE I NTE RF ERE 0 \-! !TIt. A~E ~,~lch changes, reconstructing or relocation shall be done by Permittee in such c manner as will cause the 1 eas t interference with any of the County's work, and the COUGty shall in no wise be liable for any damage to the Permittee by reason of any such work by the County, its agents. contractors or representatives, or by the exercise of any rights by the County upon the highways by the installations or structures placed under this rermit. 12. REMOVAL OF INSTALLAflONS OR STRUCTURES. Unless waived by the County upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this Permit and restore (he premises to the condition existing at the time of entering upon the s~ne under this permit, reasonable and crdi,1ary wear and tear end damage by the elements, or by circumstances over '",hieh the Permittee has no control, excepted. 13. MAINTENANCE AT fXFENSE OF PERMITTEE. rermittee shall maintain, at Its / his sole expense: the installations and structures for which this permit is granted, in u condition satisfactory to the County. 14. COU~ITY NOT LIABLE FOR OAHAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or Injury done to said installation or structures by a contractor working for the County or by any County employee engaged in construction. alteration, repair. maintenance or improvement of the County highway, sh_11 be at the sole expense of the Perm i ttee. . 15. COUNTY TO EE REIMBURSED FOR REPAIRING ROAO\.IAY. Upon being billed therefor Permittee agrees to promptly reImburse County for any expense incurred in repairing surf.ace of roadway due to settlement at Installation, or for any other damage to roadway as a r.sult of the work p.rformed under this permit. ol .. .;r. " . . . . 16. All culverts placed In driveways connecting to County or secondary roads must be new and galvanized. and the size recommended by the bridge foreman. No abutments ~ be placed at the ends of the culverts. which will extend above the surface of the driveway. end no curvlngs or obstructions above the level of the existing road In the County rlght..-way. 24 April 78 DATED at Bozeman. Montana. this day of . 19 . COUNTY OF GALLATIN . /' ) ; . '1- BY ATTEST: -1 y-/ ~' ~ 1h . u:t:"c!. l )-} 7 h.A.l /77 ' County Clerk and Recorder / ' The undersigned. the "Permittee" mentioned In the foregoing Instrument. hereby accepts this permit. together with all of the terms and conditions set forth therein. ~\\\"Q",,\ ~,c=:~\a. v-J('--- "'..">~ ~<0.' ~~,,--....j X \ ~e rm I ttee