HomeMy WebLinkAbout16- Access Agreement, 306 Lindley Place ACCESS AGREEMENT
Ms. Linda R. Best, as Owner of property located at 306 Lindley Place, described as LOT 9 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, MONTANTA (Property) grants 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 grants the City access reasonably necessary to regrade a portion of
the existing channel bed through the Owner's property and to construct a rock toe along a
section of the bank within the Owner's property 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 will operate from either the east bank
of Bozeman Creek or in the channel bed. No heavy equipment 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. Construction of a rock toe along the base of the west bank between stations 4+59 -- 4+75.
The toe of the west bank will be excavated to a depth of approximately 3' below the channel
bed and a 2' thick layer of large cobble will be placed along the bank to provide
erosion/scour protection.
b. Channel Regrading. The existing stream bed will be regraded between stations 4+01 -
4+38. An excavator will remove bed material from the channel to a maximum depth of 1'
below existing bed. The west bank and vegetation along the west bank will be unaffected
by this operation.
c. Revegetation channel banks. Plants and shrubs will be planted along the lower portion of
the existing west bank as shown in the construction plans dated 7/15/15.
d. Any disturbed soils along the bank will be seeded with an appropriate seed mix to establish
vegetation.
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.
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
PO Box 1230
Bozeman, MT 59771-1230 s
Owner: Linda R. Best I
306 Lindley Place
Bozeman, MT 59715-4835
Email: Phone:
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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.
7. Binding on Successors. This Agreement is binding on the Parties and any person succeeding
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.
L_-��c�,r 3 Date: COA , 201
Linda R. Best, Owner (Print Name)
306 Lindley Place
Bozeman, T 59715
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City of Bozeman
Chris A. Kukulski, City Manager
Signature
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EXHIBIT A
ACCESS AGREEMENT
ACROSS A PORTION OF A TRACT OF LAND,SAID TRACT BEING LOT 9 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 G EAST,
PRINCIPAL MERIDIAN MONTANA
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
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(O184
COS C-10-8 I I
1.5" ALUMINUM CAP f I
11.08' WC f I 43.00'
12.591 I
I: i 2" ALUMINUM CAP ON
I I EXTENDED LOT LINE W/
I I EXTENSION DISTANCE
ACCESS AGREEMENT hNO�. I STAMPED ON CAP, TYP. (SEE
PROJECT LIMITS If". ''
/ C.O.S. NO. 2801)
TOP OF BANK9oPEPLE 5°?
EDGE OF WATER =S BppK P
EXISTING CREEK ^ I w CENTERLINE OF NEW CREEK
CHANNEL r— -__ CHANNEL
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LOl 9&P0.4Ti0.9 0f(or 10
UNDLLY'W curs 04=14v 1I
2 b I 34.29'
1 26.00' 5/8" REBIIR
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LEGEND
SYMBOL DESCRIPTION
- —— ——----— - EOGE OF WATER
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TOP OF BANK
CENTERLINE OF NEW 1 i
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j ACCESS AGREEMENT tt
FI PROJECT LIMITS i
} PROPERTY LINE
INC Yhl'NESS CORNER � s
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S C A L E ENGI\GF;RING CONSULTANTS
DRAWN BY: CB i
QUALITY CHECK: .._...__
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JOB NO. B12-014
................ — .._...._.....-- ...__............_.............,......_........_..........._...._........ CAD NO. 12014X1.dwu TAB:BEST ;!
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