HomeMy WebLinkAbout16- Access Agreement, 316 Lindley Place ACCESS AGREEMENT
Lindley LLC / Mark Haynes, as Owner of property located at 316 Lindley Place, and described as
LOTS 11 AND A PORTION OF LOT 10 OF LINDLEY AND GUY'S ADDITION TO BOZEMAN,
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (Property)
grant the City of Bozeman (City) and its authorized consultants and contractors, access to the Property,
as reasonable and necessary to realign a portion of Bozeman Creek as part of the Bozeman Creek
Enhancement at Bogert Park Project. The project limits of work associated with the subject property
are provided in Exhibit"A" and further described in Section 1 below.
1. Grant of Access. Owner(s) grant the City access reasonably necessary to realign a portion of
Bozeman Creek as part of the Bozeman Creek Enhancement at Bogert Park Project.
Construction activities will be performed primarily with tracked excavators. Other heavy
equipment such as tracked skid steers, rock haul trucks, and loaders may also be necessary to
manage materials. All excavation equipment for the channel work will operate from either the
east bank of Bozeman Creek or in the channel bed. No heavy equipment associated with the
channel work will be allowed to operate from the west bank of the existing channel. The
activities necessary to perform the work("Permitted Activities") shall include:
a. Removal of existing trees as shown on Exhibit "A". Trees will be removed and hauled off-
site.
b. Construction of a new bank along the west bank of the realigned channel between stations
and 4+75 — 5+17. The bank construction will consist of placement of rock cobbles to
construct the toe of the bank, followed by construction of coir fabric encapsulated coir lifts to
form the upper bank.
c. Pool Construction. A pool will be excavated between stations 4+85 --5+16.
d. Construction of a floodplain bench on the inside of the newly constructed meander between
stations 5+00 and 5+34. The floodplain will be constructed in the existing channel bed and 1
excavated area between the west bank of the existing channel and west bank of the newly
constructed channel. The area will be filled with cobble, and capped with topsoil to
construct a floodplain.
e. Revegetation of newly constructed floodplain and channel banks. The newly constructed
floodplain will be seeded with an appropriate seed mix to establish vegetation. Plants and
shrubs will be planted as shown in the construction plans dated 7/15/15.
f. Realignment of existing overhead electric power line. The existing overhead electrical
service originating at the power pole located in the northeast corner of the owner's property
and serving Bogert Park shall be realigned as shown on the project plans. The realignment
may require utility company access into the owner's backyard via the owner's driveway.
2. Term of Agreement. This Agreement shall be in effect for two (2) years from the date of
execution, unless extended by agreement of the Parties.
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3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for
herein.
City Contact: Attn: Carolyn Poissant
Manager of Trails, Open Space and Parks Design and Development
City of Bozeman I
PO Box 1230
Bozeman, MT 59771-1230 !�
croissant apbozeman.net Phone: 406.582.2908
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Owner Contact: Name L-;A(0 1 �,. / ,-z(
Address C
—j 9'73 0
Email: K - i-)
Phone: ?,
4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall
obtain Owner(s)' written approval to proceed. The Permitted Activities will be designed to
maximize effectiveness with minimal impact to the Property.
5. Installation Costs. The City shall ensure that no liens or encumbrances related to the
Permitted Activities are placed on the Property and shall be responsible for all costs associated
with the Permitted Activities.
6. Termination. At any time 60-days prior to the end of any Agreement term then in effect either
party may, upon 60-days written notice to the other, terminate this Agreement. Upon
termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will
repair any damage to the Property that might have been caused in connection with any of the
Permitted Activities, and to the extent reasonably possible return the Property to the condition it
was in before Permitted Activities were conducted.
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7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding j
to the Parties' respective interests including agents, tenants, heirs, and assigns. Owner agrees
to disclose this Agreement to any person or entity holding or accepting any interest in the
Property.
8. Release. Owner releases and discharges the City from all claims for debt or damages
sustained by owner or existing in owner's favor, to the property and property rights on Bozeman
Creek, whether previously or in the future to be sustained or to accrue on account of the
Permitted Activities.
Lindley LLC, Mark Haynes, Owner (Printed Name)
316 Lindley Place
Bozeman, MT 59715
Date:Id- /3--2® ice
Signature
Date:
City of Bozeman
Chris.-A, Kuk lski, Cy Manag r li
Signature '
EXHIBIT A
1
ACCESS AGREEMENT
ACROSS A PORTION OF A TRACT OF LAND,SAID TRACT BEING LOT 11 AND A PORTION OF LOT 10 OF LINDLEY AND GUY'S
ADDITION TO BOZEMAN,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7,TOWNSHIP 2 SOUTH,RANGE 6 EAST, I
PRINCIPAL MERIDIAN MONTANA j
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA F
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11 SCSI, oam or Lot to I 1
VAPLEY AND a&S FV&71WJ I 1
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2.1 1 34.29'
8 9 1 26.00' 5/8" REUAR
ACCESS AGREEMENT AND
PROJECT LIMITS
EDGE OF WATER CENTERLINE OF NEW CREEK
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EXISTING CREEK j 1 1 CHANNEL
CHANNEL 1 1
902E G6 501
OR pf pP
TOP OF BANK --�► ; j Gll 55'
,•J"/ � god
for rr rr moor+or for to ff ,I 1 2" ALUMINUM CAP ON
UAVLCY Ano GUTS ALV4ROv I ,.f, 1 EXTENDED LOT LINE W/
I EXTENSION DISTANCE
STAMPED ON CAP, TYP. (SEE
I C.O.S. NO. 2801)
j 2' ALUMINUM CAP I I
16.16' 1YC 14 7?'
•49'9128' 28.00'
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st<se RtAt tstart AV. - utouVwl I
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VIVILY AND WrS A00I710r1 !
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LEGEND
SYMBOL DESCRIPTION
—————————— EDGE OF :PATER
--- — TOP OF BANK
_.__ _,...—_....... CENTERLINE OF NEW
CREEK CHANNEL
ACCESS ACREEM@11T &
PROJECT LINNTS
1 PROPERTY LINE
INC WITNESS CORNER e
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0 30'
1'II0NIAS,DEAN&IfOSICINS,INC,
-._....Ec nf>:Rlcrost't_r,►Na's _.-._.
DRAWN BY: CB
SCALE '
QUALIT_Y CHECK:
DATE: 71131151 FBt TDBc
JOB NO. B12.014 !
_ — CAD NO, 12014XI.dwa TAB:HAYNES j
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