HomeMy WebLinkAbout20- Temporary Access Agreements - New Hyalite View Subdivision Sanitary Sewer Improvements Project (2) MEMORANDUM
July 13, 2020
To: Julie Hunter, Executive Assistant
From: Kellen Gamradt, Engineer II, P.E. Kvu(sf-
Re: New Hyalite View Sewer Renovations Project
Temporary Access Agreements
Attached are three temporary access agreements 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 these documents 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
TEMPORARY ACCESS AGREEMENT
THIS AGREEMENT is entered into this 3C day of pp-jL, 2020, by and
between the City of Bozeman and Shirley J Elliott, 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: '1103 S Cedar View Dr; Bozeman, MT 59715
LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 22
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 Bozemian:
By: By.::;
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By:--- Its:
Date: z Date: -7 - 1 5- e -0
TEMPORARY ACCESS AGREEMENT
THIS AGREEMENT is entered into this day of 2020, by and
between the City of Bozeman and Todd & Lorrie Luckey, 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 maV generalIV be used in the area, ten (10) feet in
width from either side of all rear lot lines of al/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 bV 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.
I
WHEREAS, CitV 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 i
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.
f
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 i
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 i121 ,$-Spruce.Dr,xBozeman M l`597 ,
LEGAL DESCR NEW HYALIT IEIN SUB`_S17 T02 S R06 E :BLOCK10 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 CitV'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.
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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):
C None noted.
❑ The City of Bozeman hereby agrees to pay the Owner the amount of
$300.00 per tree for unavoidable damage anticipated to existing tree($)
from work completed by City or its authorized agents on Owner's land for
the above purposes.
OWNER(S): City of Bozeman,
By; By.
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LN.SPRUCE DR.
RESIDENT NOTES: _
1115 S.SPRUCE DR.
1. RESIDENTS WOULD LIKE A VISIT FROM THE
s, ENGINEER/CONTRACTOR TO MAKE A PLAN FOR
y. ACCESS.
2. MATURE TREES AND A STEEP BERM WILL MAKE
ACCESS CHALLENGING.
1121 S.SPRUCE DR.
1. NO RESIDENT NOTES.ACCESS SHOWN IS
TENTATIVE.CONTRACTOR TO COORDINATE
DURING CONSTRUCTION.
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SPRUCE DR 1116 N.SPRUCE DR
S17,T02 S,ROB E,BLOCK 10,Lot2 NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 10,Lot 3,N 1122 N.SPRUCE DR 1126 N.SPF
VIEW HYALITE VIEW SUB,577,T02 S.ROB E.BLOCK 10,Lol4,PLAT F-1 NEW HYALITE VIEW SUB,517,P
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PRUCE DR 1115 S.SPRUCE DR
7,T02 S,R06 E,BLOCK 10,Lot 17 '1121 S.S PRUCE DR
a HYALITE VIEW SUB,S77,Toz S.ROB E,BLOCK 10,Lot 18 1127 S.SPRL
o N t-YAUTE VIEW SUB,517,T02 S,R06 E,BLOCK 10,Lot 15 NEW HYAUTE VIEW SUB,S77,T021
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STEEP HILL
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LEGEND
EXISTING SANITARY SEWER MAINS
u TWO LARGE QS EXISTING MANHOLES
SPRUCE TREES,ONE
COTTONWOOD —OE— EXISTING OVERHEAD ELECTRICAL
u L___J APPROX.EXCAVATION LOCATION/LIMITS
PROPERTY ACCESS LOCATION
S.SPRUCE DR.
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/ PROJECT 4528.12322.01
J� p W L NEW HYALITE SUBDIVISION DATE 06 Oa 2020
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1116 & 1122 N. SPRUCE DR
j 2090Sntana 9715 1115 & 1121 S. SPRUCE DR EXHIBIT A
rZ, Bozeman,Montana 59715
j 406-586-8834
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TEMPORARY ACCESS AGREEMENT
THIS AGREEMENT is entered into this day of 2020, by and
between the City of Bozeman and Todd R & Rhonda R Meyer, hereinafter referred to
as "Owner", whether one or more. j
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. i
WHEREAS, the New Hyalite Subdivision plat recorded June 25 1959 states in
part "...reservin-g, as a permanent easement for the purpose of the installation and
maintenance of electric, -gas, telephone, water, sewer, surface drainage or such other j
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 a#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 i
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: ;MT 5971
LEGAL DESCR NEW HYALITE W1EIN SUB;S,'f.7,_` 0�S=R06E,,BLO,CK_:'1 �`LQfi.
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 I
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.
i
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):
o/ None noted.
Ei 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:
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By:` ,;i�i ` , „ By:
By: Its:
Date:
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Date: �d �= 3Z`.' s% �S