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HomeMy WebLinkAbout20- Temporary Access Agreements - New Hyalite View Subdivision Sanitary Sewer Improvements Project (3) MEMORANDUM July 20, 2020 To: Julie Hunter, Executive Assistant From: Kellen Gamradt, Engineer II, P.E. Re: New Hyalite View Sewer Renovations Project Temporary Access Agreement Attached is a temporary access agreement for a sewer renovations project in New Hyalite View Subdivision. This project will address root intrusion issues at the connection from services to our city sewer main in multiple locations throughout the subdivision. This work will require isolated excavations of our sewer main to replace these service connections. Many of the excavations will be within utility easements thru private property in the back yards of residences. Although we have easements to maintain our sewer infrastructure, we will need to cross private property in order access the excavations which is the reason we are acquiring temporary access permits. This project will be funded through our annual wastewater pipe replacement program fund (WW08) which has a budget of$1 million per year. Design of this project was awarded to DOWL earlier this year by the city commission as part of the March 23`d commission consent agenda and we are currently in the process of publicly bidding construction of the project. Please review the document with Greg Sullivan and upon your acceptance, I recommend presenting these agreements to our City Manager for signatures. If I can be of further assistance,please feel free to contact me. Cc: Project File,ERF Enclosure I TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of , 2020, by and between the City of Bozeman and Mark William Tumason, 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: 1209 E Kagy Blvd: Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot 10 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. CHERRY DR. ,'�` fF :HERRY DR 1204 CHERRY DR 1210 CHERRY DR 517,T02 S.R06 E.BLOCK 13, 018B NEW HYALITE VIEW SUB,517,Tot S,ROB E,BLOCK 13,Lo19 NEW HYALITE VIEW SUB,S 17, NEW HYALI IE VIEW SUB,917,T02 3,ROB E,BLOCK 13,Lo110 INE 1 0 a I�av o E . n ri o N S o ' o _i 0 N O a R AGY BLVD k T.T02S.Ro6E.BLOCK 14,W8 1203 E. KAGY BLVD 1209 E.KAGY BLVD o NEW Hvnl I7 H vu-`a sue 5 t� I u7 f-.,eub F bl oCH hf.Lol 9 NEW HYALITE VIEW SUB,577,T02 S,RO6 E,BLOCK 14,Lot 10 do s d U I i P 1 N ' ' 1 } / LEGEND —�— EXISTING SANITARY SEWER MAINS sO EXISTING MANHOLES b —of— EXISTING OVERHEAD ELECTRfCAL 0 n E.KAGY BLVD. �---� APPROX.EXCAVATION LOCATIONILIMITS N m N PROJECT 4528.12322.01 4fLOOWL NEW HYALITE SUBDIVISION DATE 04 20 2020 s 1204 & 1210 CHERRY DR I 2090SIaontana ana 59715 91 Bozeman,M 1203 & 1209 E. KAGY BLVD EXHIBIT A m / 406-586-8634 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: By: By. Its: Date: o-:� IZ� 12::p Date: P-- t�& 2� -llo3) l �,