HomeMy WebLinkAbout16- Access Agreement, 326 Lindley Place ACCESS AGREEMENT
SAAM REAL ESTATE C/O GALLARDO TRUST—, as Owner(s) of property located at 326
Lindley Place, and described as LINDLEY AND GUY ADD, S07, T02 S, R06 E,
BLOCK B, Lot12, ACRES 0.248, PLATJ-316 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 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. 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 6+23 — 7+00. 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. Construction of a floodplain bench on the inside of the newly constructed meander
between stations 5+35 and 6+83. The floodplain will be constructed in the existing
channel bed and 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.
d. 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,
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
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Manager of Trails, Open Space and Parks Design and Development "
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230 y
cooissant bowman,net Phone. 406.582.2908
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Owner Contact: Name
2
Address
Email:
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.
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.
Owner's Authorized Representative(s) (Print Name)
Date.-
Signature (s)
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Date:
City of Bozeman
Chris A. KukulskiCity Manager
Signature
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EXHIBIT A
ACCESS AGREEMENT
ACROSS PORTIONS OF TRACT 4 OF COS C-10-C,THE TRACT OF LAND DESCRIBED IN FILM 84,PAGE 4231,
AND LOT 12 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
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(lrrplfY LLC-ltamfs I
Lot 11 h P0Rr10rr or Lot 10 I 2" ALUMINUM CAP ON
tn;0t£rprep Gur's apptr0v I 1 EXTENDED LOT LINE W/
I EXTENSION DISTANCE
STAMPED ON CAP, TYP, (SEE
I C.O.S. NO. 2801)
2" ALUMINUM CAP J
16.16' V!C
.49 9128''
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twnLer AND cvr�s AparroR
ACCESS ACREEMENI AND ;•l,j i ;
PROJECT LIMITS
ALUMINUM CAP
21.14' WC 2ET;95', ', ( 32.00'
6.66' / /
1 / CN OF
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VL4CK LOA LLC.-LrEBvARN `ll��;':'.
FILM 84,PACE 423f
CENTERLINE OF NEW CREEK
TOP OF BANK — ► ,I:'.%,':'.%: CHANNEL
3.73' I + / NORTH LINE OF BOOK 65, t
2" ALUMINUM CAP S PAGE I 11 PfR €CORD 31.00' "—
22.00'
'!C ;21.82'!..; / - —
EDGE OF WATER %•25:55:'; j
EXISTING CREEK 1
CHANNEL
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AN
Cos.C580 3) 8 1 "4t ag650pA�6 1
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39.66' WC .33' I', 33.59'
22,00'
r 39.92' 1 {I
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LEGEND I� r a 30'
SY BO DESCRIPTION
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-- ------——--— -- •- E'OGE or, 'r1.v7ER � 'I
-- -— TOP OF BANK EII
_....._... �- CENTERLINE OF NEW I
CREEK CHANNEL
ACCESS AGREEMEaN7 & I
PROJECT €MUTS ! j
PROPERTY LINE 1'110JIAS,DEAN&110SIONS,I\C.
Vic WITNESS CORNER ENGINE IiING CONSULTA\-PS j
DRAWN BY: CB
QUALITY CHECK: ✓ - �>
DATE: 710115 FB: -• TD&] -)-))+
JOB NO, 512.014 1 I
___.—.---.__._.._........ _. CAD NO, 1201AXl,dwa- TAB:I IEBMANN I
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