HomeMy WebLinkAbout16- Access Agreement, 310 E. Koch Street ACCESS AGREEMENT
Ms. Jacqueline P. Persons, as Owner of property located at 310 E. Koch Street, described as
LOT B IN GUYS 2ND 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) 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 construct a
pool within the owner's portion of Bozeman Creek as part of the Bozeman Creek
Enhancement at Bogert Park Project. The pool will be excavated between stations 8+40
and 9+00. All work associated with the pool excavation ("Permitted Activities") will be
performed within the existing channel and will not impact the west bank or vegetation on
the west bank. Owner(s) also grant the City access reasonably necessary to construct a
high flow swale adjacent to the east of the owner's property.
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.
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.
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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
epoissantabozeman.net Phone: 406.582.2908 i
Owner Contact: Name V e rs, V^
Address
Email: .01-' �I
Phone: ySCU 3:jC>r
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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.
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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.
G0qoAi&#- LeCVVI-5 Date:
Jacqueline P. Pe sons, Owner (Printed Name)
310 E. c St eet
Bozem 7
Signature,
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Date: i —2-
City of Bozeman
Chris A. Kukulski, City Manager
Signature
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EXHIBIT A
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ACCESS AGREEMENT
ACROSS A PORTION OF FRACTIONAL LOT B IN GUYS 2ND 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 I
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"12251 S" PER C.O.S. No.
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CREEK CHANNEL
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ACCESS AGREEMENT
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EDGE of HATER kk
_.__...._....._.._. _.._._..__._... TOP OF BANK 1
CENTERLINE OF NEW
----.... ---- CREEK CHANNEL.
ACCESS AGREEIME'NI &
PROJECT LIMITS
PROPERTY LINE k
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I•I10NIAS,DEAN R 1I0SIONS,INC. I
0 SU' ENGINEERING CONSULTANTS
DRAWN BY: C6
5 C A L F QUALITYCHECK:
nAyE: 71 3m§j Fs: _ TD&4') -
JOB NO, 1312.014
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CAD NO 12014X1,dwa TAB.PERSONS I
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