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HomeMy WebLinkAbout20- Temporary Access Agreements - New Hyalite View Subdivision Sanitary Sewer Improvements Project TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Joseph A Wharton, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main: or access across Owner's prope is not needed but the proposed work is expected to impact Owner's property. WHEREAS the New Hyalite Subdivision plat recorded June 25 1959 states in par -'.._..reserving, as a permanent easement for the purpose of the installation and maintenance of electric as telephone, water, sewer, surface 0 ina e or such other public or quasi-public utilities as may generally be used in the area ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use " WHEREAS, City of Bozeman Municipal Code 40 03 460 "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements cleared rights of way and permits necessary to enable the utlity to supply the service required WHEREAS City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to anv customer has been installed the utility, at its own ex ease shall maintain the service lines up to the public right-of-way r4ght-of-way line with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following. described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS 1.4- Cedar-VV�ctnDzernaFl II�T591_ LEGAL DESCR. N IN-I*-�ALGTE;-V—BE-�1 SUB St7 T02 S x206 E BCOC}C7 Doty-'19 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ one noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: BA0o By: '�P 4 A , G�I By: its: �+ Date: �Z 7A Date: i el RESIDENT NOTES: 1115 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE i HOUSE.FENCE/GATE REMOVAL WILL LIKELY BE REQUIRED. 2. THERE IS A SHED AND TWO MATURE TREES ADJACENT TO PROPOSED EXCAVATION LIMITS. 1 1121 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE VIA A 10'WIDE GRAVEL PATCH.THERE IS A GATE THAT IS—6 FT WIDE.IF GATE IS TOO SMALL,REMOVE SHORT SECTIONS OF FENCE ON EITHER SIDE. 2. PROPERTY IS MANAGED BY CREEKS TO PEAKS PROPERTY MANAGEMENT(BOZEMAN,MT) EDARVIEW DR 1116 N.CEDARVIEW DR S17,T02 S,ROB E.BLOCK 7,Lot 1122 N.CEDARVIEW DR 1126 N.CEDA NEW HYALITE VIEW SUB,SW,T02 S.R06 E,BLOCK 7,Lot 3 NEW HYALITE VIEW SUB,S17,T02 S.ROB E,BLOCK 7,Lot 4 NEW HYALITE VIEW SUB,517,l s w N 7 N O 1 I N O N O U 1 N n FENCE/GATE a N DARVIEW DR 1115 S.CEDARVIEW DR N17,702 S.R06 E,BLOCK 7,Lo121 E YALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7,Lot 20 1121 S.CEDARVIEW DR 1127 S.CEDAR n NEW HYALITE VIEW SUB,SIT T02 S,R06 E,BLOCK 7, t NEW HYALITE VIEW SUB,S17,T02 0 r FENCE/GATE 3 U I NO N M LEGEND w —@— EXISTING SANITARY SEWER MAINS rn OO EXISTING MANHOLES _ —OE— EXISTING OVERHEAD ELECTRICAL U L___J APPROX.EXCAVATION LOCATION/LIMITS U �` S.CEDARVIEW DR. K-71 PROPERTY ACCESS LOCATION N M N m N H PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 BOWL 1115 & 1121 S. CEDARVIEW DR 2090 Stadium Drive - EXHIBIT A N Bozeman,Montana 59715 j 406-586-8834 a _ 1;F � • •. .� J - r I -� t� r.1 , ,;i . � . Nor V. 'L* 1 •rL 1. •� �' IN -61 L 4- F rL LL 1 ' IN I 1 . , 7 � 7 .i-k 1:1 . a-AN*r-vIN. , • r,f • • . I Z� * • 0 •1% •L■{'r, l -•, -I •* }y -ijINI N. r � 1r _ .' � � � L.�. ' ram r rt. LL•i •�1 1 TT y�.�L 'fir`.■ 1.` .r �, -` . ` T: L r. i '1� r7 ti '1• r• R• .7Ilk. L NrL IN l m- IL.- r J' 1 % F L • 1.41 % I1 1.JJ •-L ' 1. '. .� 91.1E F 'i• ♦� :i1• •� } '1 1 j.11 ti AL - ..?.m ;trL LL ir eAr i. It • , �% Y �� f : IL 1 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this A day of 2020, by and between the City of Bozeman and Brannan Sheely, hereina er referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a ,permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1115 S Cedar View Dr; Bozeman, MT 59715 _ _ LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E,BLOCK 7, Lot 20 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(B): City of Bozeman: ` 1 By: By: lgilflG�<'I Y By: Its: C'�yD�naV Date: S��� 7-V Date: Co -� T 1 RESIDENT NOTES: 1115 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE.FENCE/GATE REMOVAL WILL LIKELY BE REQUIRED. 0 2. THERE IS A SHED AND TWO MATURE TREES ADJACENT TO PROPOSED EXCAVATION LIMITS. 1121 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE VIA A 10'WIDE GRAVEL PATCH.THERE IS A GATE THAT IS—6 FT WIDE.IF GATE IS TOO SMALL,REMOVE SHORT SECTIONS OF FENCE ON EITHER SIDE. 2. PROPERTY IS MANAGED BY CREEKS TO PEAKS PROPERTY MANAGEMENT(BOZEMAN,MT) EDARVIEW DR 1116 N.CEDARVIEW DR 517,T02 S,RO6 E,BLOCK 7,Lot2 1122 N.CEDARVIEW DR 1126 N.CEDA NEW HYALITE VIEW SUB,817,T02 S,R06 E,BLOCK 7,Lot 3 NEW HYALITE VIEW SUB,817,T02 S.ROB E,BLOCK 7,Lol4 NEW HYALTE VIEW SUB,577,l i o YT rc w m m — o_ N O 12 0 I D N O WN F Q O W Q m a FENCE/GATE - N DARVIEW DR 1115 S.CEDARVIEW DR 1121 S.CEDARVIEW DR 0 17,T02 S,ROB E,BLOCK 7,Lot 27 1127 S.CEDAR No E ALITE VIEW SUB,577,T02 S,ROBE,BLOCK 7,Lot 20 NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7, t N NEW HYALITE VIEW SUB,S17,T02 a 0 FENCE/GATE 3 U i O N N M . N LEGEND w —8— EXISTING SANITARY SEWER MAINS m © EXISTING MANHOLES ur / —OE— EXISTING OVERHEAD ELECTRICAL a L___J APPROX.EXCAVATION LOCATION/LIMITS 0 PROPERTY ACCESS LOCATION s S.CEDARVIEW DR. N N MI N m H PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 4OLDOWL 1115 & 1121 S. CEDARVIEW DR m 2090 Stadium Drive Z Bozeman,Montana 59715 - EXHIBITA i 406-586-8834 1 .iT f 1 1 .` ■ F�l JI ' ' 1 r {, ■ Z ti. S f L J M _1 7 7 1 r ! 1 . � - �� :F . 3 �,� �• .AFL t � N� � ' 1 • • ti rl' • Fo 1;% %i I . % lb .11 lb . r 1' i jr- L1 +. , { r ` K ell _ 1. 1 f 1 _t ■R F ■ 1 1 IJ a L . � r �ti J• �� ti� i J ••, ' IL .: 16 1 Tv Ll r Ilp r) JJ r 1. ' 1 1 • . i i TEMPORARY ACCESS AGREEMENT Til THIS AGREEMENT is entered into this 3 0 day of l ,�'� 2020, by and between the City of Bozeman and Eleanor L Schwarzkopf, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS 1140 N Cedar View Dr, Bozeman, MT 59115 _ LEGAL DESCR: NEW HYALITE-VIEW SUB, S17, T02 S, R06 E, BLOCK,7, Lot 7 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (buff not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(5): City of Bozeman: By: 4f By: By: Its: Date: Date: N. CEDARVIEW DR. RESIDENT NOTES: nu 1140 N.CEDAR VIEW DR: 1. THERE ARE GATES ON BOTH THE EAST AND — -- WEST SIDE OF HOUSE. 1139 S.CEDAR VIEW DR: 1. BEST ACCESS TO SEWER SERVICE IS VIA THE GATE ON SOUTH SIDE OF HOUSE,ACCESSED VIA THE DRIVEWAY. 2. THE SECOND CHOICE FOR ACCESS IS VIA THE FENCE ON THE EAST SIDE OF THE HOUSE. GATE l DARVIEW DR 1140 N.CEDARVIEW DR S17,T02 S,R06 E,BLOCK 7,Lol6 E HYALITE VIEW SUB,517,T02 S.R06 E,BLOCK 7,Lol7 1146 N.CEDARVIEW DR 1202 N.CEDA NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 6 NEW HYALITE VIEW SUB,S17,T02 S,F r, ti S N I 1 I 0 N WN F Q W Q n 1139 S.CEDARVIEW DR " NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK I _ )ARVIEW DR T02 S,R06 E,BLOCK 7,Loln �- 1145 S.CEDARVIEW DR 1203 S.CEDAR\ N w NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7,Lot 15 NEW HYALITE VIEW SUB,SIT T02 E a 0 GATE 3 SECOND CHOICE FOR ACCESS I N h " LEGEND w —3— EXISTING SANITARY SEWER MAINS I rn rn -_ 0 EXISTING MANHOLES oe— EXISTING OVERHEAD ELECTRICAL APPROX.EXCAVATION LOCATION/LIMITS U i PROPERTY ACCESS LOCATION S.CEDARVIEW DR. S , N N m PROJECT 4528.12322.01 p W L NEW HYALITE SUBDIVISION DATE 05 15 2020 1140 & 1146 N. CEDARVIEW DR 2090 Sntana 9715 1139 & 1145 S. CEDARVIEW DR EXHIBIT A z Bozeman,Montana 59715 N 406-586-8834 16 J� 1:�■ 11' •y • ' 1r or IN I IN. IN f'� ' •�•1 _ . - 1 ti � ••� ' �1 - ~ � 1FA IL lip .jNNN' r _ 1leaf - TTT 116 IN .31 tJ6 4•� `1 ' 1 T ` . 1 r i % dr jlprl JL IN r ■ •� r a h �• S T .f � , 11•■1 L •1 � 7 ...7 - ; INK., 9 IL • 1 r L. f ti t L 1 ■ 1 s � I r r r tit 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Carl L & Lois Wambolt, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS 1139 S Cedar View Dr; Bozeman, MT 59715 _ LEGAL DESCR: NEW.HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 1 61 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditioris apply to this property (check one): ❑ None noted. f� The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes.(TliiS MAY NOT BE RE4UIRr��' OWNER'S): City of Bozeman: By: �� By ::�4 AdeU By:O�(04 Its: Date: MDate: N.CEDARVIEW DR. RESIDENT NOTES: - C 1140 N.CEDAR VIEW DR: 1. THERE ARE GATES ON BOTH THE EAST AND P WEST SIDE OF HOUSE. 1139 S.CEDAR VIEW DR: 1. BEST ACCESS TO SEWER SERVICE IS VIA THE GATE ON SOUTH SIDE OF HOUSE,ACCESSED VIA THE DRIVEWAY. 2. THE SECOND CHOICE FOR ACCESS IS VIA THE FENCE ON THE EAST SIDE OF THE HOUSE. GATE DARVIEW DR 1140 N. CEDARVIEW DR 517,T02 S,R06 E,BLOCK 7,Lot 6 NE HYALITE VIEW SUB,S17,T02 S,ROBE,BLOCK 7,Lot 7 1146 N.CEDARVIEW DR 1202 N.CEDA NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lol6 IJEW HYALITE VIEW SUB,517,T02 S.F 1 1 rn N t0 o S N .J O I 0 N WN F Q 0 W J a rn n 1139 S.CEDARVIEW DR N NEW HYALITE VIEW SUB,S17,T02 S,RO6 E,BLOCK 7, t 18, )ARVIEW DR N T02S,R06E,BLOC K7,Lot17 1145 S.CEDARVIEW DR 1203 S.CEDAR\ NEW HYALITE VIEW SUB,S17.T02 S,R06 E,BLOCK 7,Lot 16 NEW HYALITE VIEW SUB,517,T02: 0 GATE 3 SECOND CHOICE U FOR ACCESS I 4' 0 N eNI LEGEND w I � —2— EXISTING SANITARY SEWER MAINS sO EXISTING MANHOLES i —OE— EXISTING OVERHEAD ELECTRICAL U APPROX.EXCAVATION LOCATION/LIMITS i PROPERTY ACCESS LOCATION N S.CEDARVIEW N N m N H PROJECT 4528.12322.01 4fLD W L NEW HYALITE SUBDIVISION DATE 05 15 2020 1140 & 1146 N. CEDARVIEW DR N Bozeman Montana 59715 1139 & 1145 S. CEDARVIEW DR EXHIBIT i 406-586-8834 L� • r• r _�y A IIIr r 1 M; _•.dw 1 ti �Ty 7� • ar i . kjL i• % - .` Il M L i L 1` � � 1 L � � 11 _a 1 A• ,D Lr. ■ ' • ' r , '- i •■1' ., r L T 1 . T in ' ` • f • L • • { ' ! L i •1 1 ■• 1 T' r - • - i _— 1 � • ' ■ 'f • 1 �� 1y � '•1'' , �� ■ I � � '� _ ■ 7 Fry ' ' �i 11 r r ''+ �1 .J ■ -3. Lr F _ J NJ 1� a { EL `y NJ 7 i 1 ` `'•• - 1 '1 7 1 A ' Orp .L .1` F 1 PI 0 . r 1 i ' L �L , e r 1 ' 7 r •, �' ALL _, •L• �J S 1 � •• r L' ' + ■� r r1 r�'J+ � ' 1.11 � 1•■ •L ` .1L�� 1X 1 k • • . 51 NJ r. �.r W, r L 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this I9 day of Atow , 2020, by and between the City of Bozeman and Philip A & Diana A Hartman, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property, WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed bV utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-waV line, with the exception that removal of tree roots and resultant line repair shall be borne bV the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1127 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 18 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNED) City of Bozeman: �i By: By: By; 'L Its: Man. Date: J y 2-o Date: I N.CEDARVIEW DR. RESIDENT NOTES: -- —- - I 1127 S.CEDAR VIEW DR: 1. BEST ACCESS IS VIA THE WEST SIDE OF THE RESIDENCE.THERE WILL BE SUFFICIENT — _ SPACE FOR A SKID STEER AFTER CHAIN LINK FENCE REMOVAL. 1133 S.CEDAR VIEW DR: 1. ACCESS VIA THE EAST SIDE OF THE HOUSE. i 1 T EDARVIEW DR 1126 N.CEDARVIEW DR S17,T02 S,R06 E,BLOCK 7,Lat 4 NEW HYALITE VIEW SUB,SIT T02 S.R06 E,BLOCK 7,Lot 5 1134 N.CEDARVIEW DR 1140 N.CEDA NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7,Lot NEW HYALITE VIEW SUB,SIT N 1 , O I 0 N o ' M 1139 S.CEDAR N DARVIEW DR 1127 S.CEDARVIEW DR NEW HYALITE VIEW SUB,sn,Toz co 1133 S.C EDARV I EW R 17,T02 S.R06 E,BLOCK 7,Lot 19 NEW HYALITE VIEW SUB,SIT T02 S,R06 E,BLOCK Lat D o NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7 III N N H O CHAIN LINK FENCE 3 U 1 4 lV N - LEGEND —111— EXISTING SANITARY SEWER MAINS m Q EXISTING MANHOLES - w —Or— EXISTING OVERHEAD ELECTRICAL a L___� APPROX.EXCAVATION LOCATION/LIMITS S.CEDARVIEW DR. PROPERTY ACCESS LOCATION i N N N m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 OWL 1127 & 1133 S. CEDARVIEW DR 2099 Stadium°"va - EXHIBIT A N Bozeman,Montana 59715 i 406-586-8834 NOL: �� t. ?V -b,. .1 1 ., _{ r - 1.A ti• 1 ■ 06 •, _ 1 + I' L F1 Pein JL 1 ti. rl 1 ti M.L ��`�11: : _ L m 1 I r 41�. im rL ti _ P6 �- 1A r. •1 � f , J 1 1-d r • lr r� • . - ; r:; Fly. , + )INF 1 ` •V 1 1� f - L TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this ,fig day of Kc, 2020, by and between the City of Bozeman and Robert A & Carol S Sharrock, Nreinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitarV sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New HValite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) meet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed bV utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1133 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 17 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement. and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: B Y: Y By: I F / , Its: f l Date: 5 /aa-f a o Date: ( - (( `6b0-cl- r N. CEDARVIEW DR. RESIDENT NOTES: 1127 S.CEDAR VIEW DR: 1. BEST ACCESS IS VIA THE WEST SIDE OF THE RESIDENCE.THERE WILL BE SUFFICIENT SPACE FOR A SKID STEER AFTER CHAIN LINK FENCE REMOVAL. 1133 S.CEDAR VIEW DR: e 1. ACCESS VIA THE EAST SIDE OF THE HOUSE. I EDARVIEW DR 1126 N.CEDARVIEW DR S17,T02 S,R06 E,BLOCK 7,Lot 4 1134 N.CEDARVIEW NEW HYALITE VIEW SUB,517,T02 S.ROB E,BLOCK 7,Lot b DR 1140 N.CEDA NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 6 NEW HYALITE VIEW SUB,S17,l o � N I 0 I 0 N N I '1 Q W J N 1139 S.CEDAR o DARVI EW DR ' NEW HYALITE VIEW SUB,S17,T02 " 1127 S.CEDARVIEW DR _ y 17,T02 S,R06 E,BLOCK 7,Lot 19 NEW HYALITE VIEW SUB,S17,T02 S,RO6 E,BLOCK 1133 S.CEDARVIEW DR NEW HYALITE VIEW SUB,817,T02 S,R06 E,BLOCK 7 t 1� N O N W H Q CHAIN LINK FENCE U I N N e7 LEGEND EXISTING SANITARY SEWER MAINS U ® EXISTING MANHOLES N w —U OE— EXISTING OVERHEAD ELECTRICAL APPROX.EXCAVATION LOCATION/LIMITS S.CEDARVIEW DR. PROPERTY ACCESS LOCATION s N N 17 N m N ® PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 \ W L 1127 & 1133 S. CEDARVIEW DR 2090 StadiumDrive - EXHIBIT A N Bozeman,Montana na 59715 i 406-586-8834 V. _ 1 7 f ir . 4,Lr . -A rrAN. Iti r�}I 444 T. • i • - _ _ _ ` Re' 1 1,I 1 '1 T l i . . 1 j -' • .� LI •% . - •,1. 1 jr r .1 ■ - - - ILL - •r r r. L4 ' 1 ti r•l r •• L •• , 4 TIi• I , r 1 1•' -,••- 1 �t 1 r r• J r 1 1r L 11+may[ r '�_ Li •■ 1 r' 1 •1 1 Ta f it .1 1 1 1 ,� 1+ �,V ,fl 1 m Nir �' 1 1 LI 1 r• ~ 1 L L �• = i of r� e1 _ 1 1 } ■ •1 1 L, 1 1 T .. ti r T .13 1 �L _ — 1 t -� • r % , AF Iro1 -y 1 •� r . ■ ■ SFr ; ++ 1'• L fF :o NI L L •. 1 ■ �■� J 1 .• 1 ■� 1 '1 1 1 �� r � •1 • r 1 3r J... • • t • - r I a J : •1 1 L . ti 7 1 + : : •� • r 1 N6. y ITL •1 + r '•� L. 1 • r ' r .r TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this a' day of 2020, by and between the City of Bozeman and Kathleen J Fisher, hereina er referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving. as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1110 Chevy Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 13, Lot 2 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. Odi►'NER(S): City of Bozeman: By: 4 (C-(-C ,,P, / mil By: By: its: Date: Date: to �� CHERRY DR. RESIDENT NOTES: 1110 CHERRY DR: 1. SEWER SERVICE CONNECTION IS LOCATED AT 1116 CHERRY DR.ACCESS TO 1110 WILL NOT BE NECESSARY.SEE RESIDENT NOTES FOR 1116 CHERRY DR FOR ACCESS DETAILS. 1104 CHERRY DR 1110 CHERRY DR NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 13,Lot 1 1116 CHERRY D I NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 2 NEW HYALITE VIEW SUB,S17,T02 S,R06 9 o w ut 0 N J (\� I co �J O Q O Z N O N J a (� 0 = a N M O N I 0 N N 1103 E.KAGY BLVD 1109 E.KAGY BLVD ao NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 14,Lot 1 1115 E.KAGY BLV[ F NEW HYALITE VIEW SUB,517,T02 S.ROB E,BLOCK 14,Lot 2 NEW HYALITE VIEW SUB,S17,T02 S.R06 E. 0 3 T U I N N M N I 2 i I N N LEGEND —�— EXISTING SANITARY SEWER MAINS U < OO EXISTING MANHOLES U —0E— EXISTING OVERHEAD ELECTRICAL E.KAGY BLVD. L_� APPROX.EXCAVATION LOCATION/LIMITS N N m N N PROJECT 4528.12322.01 pNEWWL HYALITE SUBDIVISION DATE 05 15 2020 1104 & 1110 CHERRY DR j 2090Sntana59715 1103 & 1109 E. KAGY BLVD EXHIBIT A Z Bozeman,Montana 59715 N i 406-586-8834 . `.� rt _ _• ! - 1 N. IN 1 1 .� %1' 1 ' ` '�'' L '•i ''''�', ' F 'i mil• F A rl '' p6r 1 �. i �L ` r 1• 1 1 ;Idrr MbkT 1 1 ti - 4 1 J• 1 � 1 1 F �x z ! _ AT ' N ■ 1 r L• •� 1 ■ Z Sr ' r a 1 L '• 1 ' 41 11 i . , 1 a J k . 1 - I gh•TA.%+L * '��r IL 1% I `` rr1 - 1' �' =1 + ti F • 1 . ■1 1 ♦ . POT IO f .. 1 ti i t 1 , ti '• 1 LLr r �• 1 ' � .� 7 r ; 7� J f L 11%4_ �. i' 1 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Benjamin P & Traci Klein, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states in part ",,.reservinq, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-waV and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to anv customer has been installed, the utility, at its own expense shall maintain the service lines up to the public right-of-way line with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: d 115 S Spruce Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 10, Lot 16 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. Ov' NER(S): City of Bozeman: By: — By: S)Z&AZL" By: Its: C. ��t Date: 5 Z 0 Date: N.SPRUCE DR. i RESIDENT NOTES: iWNW 1115 S.SPRUCE DR. 1. RESIDENTS WOULD LIKE A VISIT FROM THE ENGINEER/CONTRACTOR TO MAKE A PLAN FOR ACCESS. 2. MATURE TREES AND A STEEP BERM WILL MAKE ACCESS CHALLENGING. SPRUCE DR 1116 N.SPRUCE DR 517,T02 S,R06 E.BLOCK 10,Lat2 NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 10,Lot 3,N 1122 N.SPRUCE DR 1126 N.SPF tIIEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 10,Lo14,PLAT F-1 NEW HYALITE VIEW SUB,S17,T I - " w N .�I o_ I � 0 I N N � 1 Q Q (n N M N I I I o -1 PRUCE DR 1 1115 S.SPRUCE DR F T T02 S,ROBE,BLOCK 10,Lot 17 1121 S.SPRUCE DR HYALTE VIEW SUB,S17,T02 S.R06 E,BLOCK 10,Lot 16 NEW HYALITE VIEW SUB,517,T02 S,ROB E,BLOCK 10,Lot 15 1127 S.S PRl F NEW HYALITE VIEW SUB,517,T02: a STEEP HILL I I s N N LEGEND EXISTING SANITARY SEWER MAINS TWO LARGE SPRUCE TREES,ONE © EXISTING MANHOLES COTTONWOOD —ol:— EXISTING OVERHEAD ELECTRICAL U r APPROX.EXCAVATION LOCATION/LIMITS PROPERTY ACCESS LOCATION M S.SPRUCE DR. N m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 BOWL 1116 & 1122 N. SPRUCE DR 2090 Stadium 9715 1115 & 1121 S. SPRUCE DR EXHIBIT A N Bozeman,Montana 59715 i 406-586-8834 kl ti ' z� ■■ N. I � 1 .I' �� jr'r J� _ ' L 71 r � •` ,, ' +•_ � � � • IFS L• r Ii J L� 1 r 1. _ r r 1 y` Lt& g .jr L 7 r Z 1 y • JPP % L J *L � L � 1 r 'rL T + f 0. 1{` ti"• 1 I • r16 � 1 ■ 11 ' L flrl� f ._Z •r_i 1 •L .LJ 1 L. 1 11 - 1+ _ Iti • ' L . '% ' L r ti 1 1� % re - ' 1JA , 2+ _ ■y 3 - 1 1 r 33pliJ t ' 1 �T � r '�4 ti {� 1 1 r• ;'+• r .1 16 — �• 5 �"• L #•Fr L � 1 - t ti, 7 '; � I .. 1 . r 'I. ■ - - F y ' .L . r f 7e . TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this ,&d) day of o^Yc,� 2020, by and between the City of Bozeman and Bruce R & Jeanne P Smith, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1116 Cherry Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 13, Lot 3 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. ^OWNER(S): City of Bozeman: By: �! c cc� y�.r� By. By: Its: Date: Date: CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE -- REMOVED.RESIDENT WOULD LIKE TO BE CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND CLOTHESLINE BE PROTECTED IF POSSIBLE. 1121 E.KAGY BLVD: 1. NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. FENCE HERRY DR 1116 CHERRY DR i17,T02 S,R06 E.BLOCK 13,Lot 1122 CHERRY DR 1126 CHERF HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 3 MEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13.Lot 4,PLAT F-1 NEW HYALITE VIEW SUB,S17,TO LILAC BUSH CLOTHESLINE CEMENT FOOTINGS +r• a N S 11 � + • __ w O N I ^� a N O a 1 0 o � a N M O N ` o AGY BLVD 1115 E. KAGY BLVD t- �,T02 S,R06 E.BLOCK 14,Lot z 1121 E.KAGY BLVD NEW H 1127 E.KAGY YALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 14,Lol3 o HYALITE VIEW SUB,S17.T02 S,R06 E,BLOCK 14,Lot 4 NEW HYALITE VIEW SUB,S17,T02: 0 a 3 U I [V N LEGEND —�— EXISTING SANITARY SEWER MAINS N r EXISTING MANHOLES —OE— EXISTING OVERHEAD ELECTRICAL U APPROX.EXCAVATION LOCATION/LIMITS U PROPERTY ACCESS LOCATION E. KAGY BLVD. N N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 W L19- 1116 & 1122 CHERRY DR N 2090Sntana 9715 1115 & 1121 E. KAGY BLVD EXHIBIT A Bozeman,Montana 59715 i 406-586-8834 I J jeLr 1 r r 1 7 1 K r l .Y rINN1 1 IL ■ �+ 1% `r• `•� f 7 T 1 r L 1_ Pr _1 r •L RL C 1 IN 1 1 �. . I IL ro: V L oir ` • ' 1 i 7 11•L 1 1 i r • % J� 1 L- - i 5 �■ 1 7 •J 1 i..1'}• , �� 1 •_r ' r .i •1 _+ •7 a ICI •i`11 • ill%"I. IJ r r lb 1 •� i • � I�r � Fr , F•I ` r f r' , 1 1 ' IF 1 ' ] 1• ' , It .r t. % 1 �1��1. tiles 1 } : � •� � J~ , 1 r :� .Ir..r 1 r III 1 _ 1 ' L 1p mr 1' •� r r = • 1 }, •� 4 1 �i 1 #, ."r r 1 cl Rr T 1�■�� FI •: 1. � 1 IN!*r •k' r. i Ir 1 -1 'm ti Z 1� '1 1 1 _ . I • 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this j�^—1 day of ) 2020, by and between the.City of Bozeman and Brian F Close, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1140 Cherry Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 13, Lod 7, PLAT F-13 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. fSV NER(S): CRy of Bozeman: By: C Its: ly Date: ,' �� L%�J Date: CHERRY DR. RESIDENT NOTES: 1140 CHERRY DR. 1. SEWER TAP AND SERVICE REPLACED IN FEB 2008. 2. ACCESS SEWER SERVICE CONNECTION VIA WEST SIDE OF HOUSE. 1145 E.KAGY BLVD. 1. ACCESS VIA EAST SIDE OF HOUSE.THERE IS _ —68"OF CLEARANCE IF BUSHES AND TREE BRANCHES ARE REMOVED. I 2. RESIDENT WOULD LIKE TO BE CONTACTED PRIOR TO START OF WORK.CONTACT GLORIA LARSON AT 406-581-1861 :HERRY DR 1140 CHERRY DR S17,T02 S.R06 E,BLOCK 13,Lot 6 HY LITE VIEW SUB,Sl7,T02 S,R06 E,BLOCK 13,Lol7,PLAT F-1 1146 CHERRY DR 1204 CHEF NEW HYALITE VIEW SUB,S17.T02 S.R06 E,BLOCK 13,Lot 8 NEW HYALITE VIEW SUB,S17,TC I ,f w f�t- ut IJ N H 1 o o a u• N _ I O :AGY BLVD 1139 E.KAGY BLVD F 7,T02 S,R05 E,BLOCK 14,Lot 6 1145 E.KAGY BLVD 1203 E.KAGY a NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14,Lot 7 HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14,Lot 8 p NEW HYALITE VIEW SUB,517,T02: 0 a 68"WIDE IF BUSHES ARE REMOVED r U I N N Y1 LEGEND w —�— EXISTING SANITARY SEWER MAINS I OO EXISTING MANHOLES m —OE— EXISTING OVERHEAD ELECTRICAL i APPROX.EXCAVATION LOCATION/LIMITS i PROPERTY ACCESS LOCATION 0 _ E.KAGY BLVD. N m N PROJECT 4528.12322.01 All, W L NEW HYALITE SUBDIVISION DATE 05 15 2020 1140 & 1146 CHERRY DR 'j 2090 Stadium Drive 1139 & 1145 E. KAGY BLVD EXHIBIT A Z Bozeman,Montana 59715 N i 406-586-8834 Vr T ?• •r { L. 1 + r• •r + 1 •� + 7•• r. 1 17 •. L Lirrr j {L' ' f 1 _ 7 IF. L. .9 IF f3 ;L. CF�■ 30 7 � IFr 1 tj m Alf R IN I �- 1 1 .ti ti - P,Y ■ I IF • 1 + 1. PL i ■•F Lr' •1 I 1 1'• %• T •ti"'1prr�1, 41 . tip ; • ' TAN... r+ r �• ',. •f , ti L. r • •�' FP6 .J7• + •+ �•. • • 1 - ri '''� • ' L r L' 1 't �LI _ 1 �i7� .7• 1 7 .L• �. 1 ♦' 1.•.L 1 L 1 L ' Ij IL IF • .1 r Ly + , ti ti L� + _• F I 1 ti •L 1 - 1 �. 1� I . . r TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this il day of Oo 2020, by and between the City of Bozeman and Kristin Davis, hereinafter referr6d to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "_-reservina, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code.40.03.460 - "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1115 E Kagy Blvd; Bozeman, MT 5971a� LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK.14, Lot 3 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. }Ytt� w;l� �n�zri �Lve,MU,JuK 0-0,wtvul w au 1��I��v� ovf ncz wit\ wc—I C 0'^V c 0 W 9� b� �; �� Ov NER(s): City of vozemnan: /�u^J __(�d Ak - By: Kv,�,hv` p���,s By: By: :�c��S12_�j �f—` Its: Date: 05 Date: — �� CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE REMOVED.RESIDENT WOULD LIKE TO BE CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND CLOTHESLINE BE PROTECTED IF POSSIBLE. 1121 E.KAGY BLVD: 1. NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. FENCE , HERRY DR 1116 CHERRY DR 317,T02 S,R06 E,BLOCK 13,Lat2 1122 CHERRY DR 1126 CHERF E HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 13,Lot 3 tIIEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lol4,PLAT F-1 NEW HYALITE VIEW SUB,Si7,70 LILAC BUSH CLOTHESLINE ' CEMENT FOOTINGS a O E. 1 O N WN F a 0 o a N n N ` I 0 AGY BLVD 1115 E. KAGY BLVD -- I,T02 S,ROBE,BLOCK 14,Lat 2 a NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 14,La[3 1121 E. KAGY BLVD 1127 E. KAGY o ,N HYALITE VIEW SUB,SIT,T02 S,R06 E.BLOCK 14,Lot 4 NEW HYALITE VIEW SUB,S17,T02: 0 a a U a N N LEGEND —�— EXISTING SANITARY SEWER MAINS �4 EXISTING MANHOLES • - —BE— EXISTING OVERHEAD ELECTRICAL U • ---J APPROX.EXCAVATION LOCATION/LIMITS PROPERTY ACCESS LOCATION i n E.KAGY BLVD. N m N PROJECT 4528.12322.01 u kD 13 NEW HYALITE SUBDIVISION DATE 05 15 2020 W L 1116 & 1122 CHERRY DR 209DSntana 9715 1115 & 1121 E. KAGY BLVD EXHIBIT A Bozeman,Montana 59715 i 406-586-8834 1 1 1 1 1• 1 'L 1 1 I r 'L%�,1 1 1 , — J %1 _ — ■` _ .1 �L ' 1 TT ' ~ 1 1 1 f r L1 •. 11 .. i. J 1 7 7 ril Ty7]■ 7 ` er •s :, • I = T �. J 1 IL 1 - -� f r r 1-W + • ' • — 1 1 1 - . ' • 1 F 1 1 r . .1 , 1 , 1• 'JL L •7a i .il 1 + L + ;ii + ri �L.L 31 Air ` r •J • 7 1 . ' L •JL 1 .ti ' i �T 1 t-1. L L 1 I AL " ti ' I r4 rl 1 ' '� �, r -iLir •� •� _■ •: ' Lir . 1 Y —.1 1 L 1 r •1 �1 1 Irie 1 • 1 �•L• ■ 51 ti r I% 1• 1 % P" �• r'1.1 L4 } 1� �L7: , ti T T � � 1 7 _ T L' 1 A •;_ % s L ` 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this k�day of i , 2020, by and between the City of Bozeman and Mark K & Debra S Miller,#hrein1­er referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: _1121 E Kagy Blvd; Bozeman, MT 59715 _ LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot 4 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. O'v"vNER(Si- %iiy of Sozernan; By: VI Jl / By: �� ��� � � l �� Its: Date: '�/ ` � " � Date: ` CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE REMOVED.RESIDENT WOULD LIKE TO BE .- CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND - CLOTHESLINE BE PROTECTED IF POSSIBLE. I 1121 E.KAGY BLVD: �+ I 1. NO RESIDENT NOTES ON RETURNED ACCESS 1 AGREEMENT. FENCE , 1 HERRY DR 1116 CHERRY DR 1122 CHERRY DR J 317,T02 S,ROSE,BLOCK 13,Lol2 E J HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 13.Lol 3 1126 C H E R F I+EW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 4,PLAT F-1 B NEW HYALITE VIEW SUB,S17.TO LILAC BUSH CLOTHESLINE ' CEMENT FOOTINGS 0 S > 0 N WN F Q O W 7 Q N I N n O_ N I I N N AGY BLVD 1115 E.KAGY BLVD a1,T02 S.R06 E,BLOCK 14,Let 1121 E. KAGY BLVD 1127 E.KAGY NEW HYALITE VIEW SUB,S17,T02 S,R05 E,BLOCK 14,Lat 3 HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 14,Lot NEW HYALITE VIEW SUB,S17,T02: 0 a 3 i. t U I 0 C4 N LEGEND w I —9— EXISTING SANITARY SEWER MAINS N © EXISTING MANHOLES / — —ol:— EXISTING OVERHEAD ELECTRICAL U U APPROX.EXCAVATION LOCATION/LIMITS i PROPERTY ACCESS LOCATION n N m N N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 4'tD OWL 1116 & 1122 CHERRY DR N Bozema0n9Montana59715 1115 & 1121 E. KAGY BLVD EXHIBIT A i 406-586-8834 . Nm 'o. f -, - A i 1.1 it J 1 LL c _ • . ■ ■ 7 qr '- .' r ■ J .� L ,• 7Ir % • • _ _ 1• F•�, , IN. , •1 1' r, _ . • �• • , J _ 1 1 ' ALL Y �j e INC � 1 J IN IN r 1 e } � '• , _ 1 Pr sL, .1 , IV d _ •' f ti , • I IN rl m . E' •M ti ' ' • 1 ,r 1 . Lp 06 • i. .e �r •ba• m . �i F•i , L 6K 1 IN .� J6 . 0 p �% • , • , rr 1 7 - 1 15 fLm .5 W 3 LE T •i 1 • '. f . L % - �•r 1 ti L '1f IL Ly I _�•• % r 1 I 1 r 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of , 2020, by and between the City of Bozeman and Gary Lee & Gloria Elaine Larson Rev Trst, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25 1959 states in part "...reserving, as a permanent easement for the purpose of ti7e installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work Performed by utility" states: Once service to any customer has been installed, the utility, at its own expense shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1.145 E Kagy Blvd; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: By: C// 4 �V'wI` l� L �, By: Q-�Jz Z:;Du �dd% By: Its: n Dater �7 �. Z-f� 2-E7 Date: Cl - �� � Cf TERRY DR. RESIDENT NOTES: 1140 CHERRY DR. 1. SEWER TAP AND SERVICE REPLACED IN FEB 2008. 2. ACCESS SEWER SERVICE CONNECTION VIA WEST SIDE OF HOUSE. 1145 E.KAGY BLVD. 1. ACCESS VIA EAST SIDE OF HOUSE.THERE IS —68"OF CLEARANCE IF BUSHES AND TREE BRANCHES ARE REMOVED. r 2. RESIDENT WOULD LIKE TO BE CONTACTED PRIOR TO START OF WORK.CONTACT GLORIA LARSON AT 406-581-1861 a :HERRY DR 1140 CHERRY DR 1146 CHERRY DR 517,T02 S,RO6 E,BLOCK 13,Lot 6 y HY'LITE VIEW SUB,S17,T02 S,RO6 E,BLOCK 13,Lot 7,PLAT F-1 1204 CH E F NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 13,Lot B I NEW HYALITE VIEW SUB,517,T( N •t-. J O N � S ` s o o N n, o a � N a o � t N :AGY BLVD 1139 E.KAGY BLVD 7,T02 S,ROB E,BLOCK 14,Lot 6 NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 14,Lot 7 1145 E.KAGY BLVD 1203 E.KAGY o E HYALITE VIEW SUB,S17,T02 S,ROB E,BLOCK 14,Lot 8 NEW HYALITE VIEW SUB,S17.T02: 0 a 68"WIDE IF t BUSHES ARE REMOVED U I o n LEGEND m —�— EXISTING SANITARY SEWER MAINS I _ ut ut ® EXISTING MANHOLES i —OE— EXISTING OVERHEAD ELECTRICAL i U APPROX.EXCAVATION LOCATION/LIMITS N i - PROPERTY ACCESS LOCATION I n E.KAGY BLVD. N D) N H PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 BOWL 1140 & 1146 CHERRY DR i 2090Sntana Drive75 1139 & 1145 E. KAGY BLVD EXHIBIT A Z Bozeman,Montana 59715 N i 406-586-8834 1 ' tiir 1 + �•j L 1 1 � 1 ■ �.rJ �: � • � t _ T 1 ■ , L �= J qL • ' L • r�y1 _ 1 'J_ '�1 ■ L . ' 1 - _ 1 .+ � r . �_- JM, , _ 131 rV I. ■ � � � ti 06 '1 I -TFFr. .�■. 1• ti 1 1 L 'ti 1 L •. �- r _ , 1 � 1 . - y ''r•-�11 � ti (Jiro r L IL F ti . 1 rm ti e +yRit � i• LL1 Tr 1 Al i_ M� tiF P. f T T•J r � I I-L S. 1%, *. Lrr * Y rn • 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Donald B Demetriades, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the Purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance - "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1127 E Kagy Blvd; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot_ 5 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: r By: z By: JJ Its: By: Date: 2 2- U Date: CHERRY DR. RESIDENT NOTES: 1127 E KAGY BLVD: 1. ENTER IN THE GATE ON EAST SIDE OF HOUSE. i HE RRY DR 1126 CHERRY DR 02 S.R06 E.BLOCK 13,Lot 4,PLAT F-1 NEW HYALITE VIEW SUB,S17.T02 S.R06 E,BLOCK 13,Lot 5 1134 CHERRY DR 1140 C H ER NEW HYALITE VIEW SUB,S17,T02 S,R06 E.BLOCK 13,Lol 6 MEW HYALITE VIEW SUB,S77,T02 S,R t,. .6 N DE —. J O I I o N wN F Q O W N N O " AGY BLVD 1127 E.KAGY BLVD F ,Tot S.Ras E,BLOCK 14,Lot 4 1133 E.KAGY BLVD 1139 E. KAGY < NEW HYALITE VIEW SUB,S17,T02 S,ROG E,BLOCK 14,Lot d NEW HYALITE VIEW SUB,S77,T02 S,R06 E,BLOCK 14,Lot 6 � NEW HYALITE VIEW SUB,517,T02: 0 GATE 3 U I 0 N N Y1 N_ x I d LEGEND —�— EXISTING SANITARY SEWER MAINS a OO EXISTING MANHOLES U N —OE— EXISTING OVERHEAD ELECTRICAL E.KAGY BLVD. �___� APPROX.EXCAVATION LOCATIONILIMITS n N m N h PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 05 15 2020 D13W L 1126 & 1134 CHERRY DR 2090Sntana59715 1127 & 1133 E. KAGY BLVD EXHIBIT A H Bozeman,Montana 59715 i 406-586-8834 Ar t qr ■ ■, 1 ■ 7i• ' 1 �••r�ti�i'•1 r { � �. 17-�• 7 � 'jr a• IL �•F • LLF Lie pr ' • �•F�'• r1 _ 1 1 1 r� _ r .,4� 91 - ' 5 •� � 1. . ` 1�' 'fir AV � � L ..� t' ` . . r + . R� 1 . . J.1 . �. 1 . ON ` 11'_ k l a. 0; F r 1 t Sir. � :, � 1 IL in ad IL �y , 71 ti ti ti 1 r . . . 1•. � - y 1 - 1 1