Loading...
HomeMy WebLinkAbout16- Access Agreement, 322 Lindley Place ACCESS AGREEMENT BLACK LOA LLC , as Owner(s) of property located at 322 Lindley Place, and described as LINDLEY AND GUY ADD, S07, T02 S,R06E,BLOCKB,Lotl3,ACRES0.238,S4.5' DIXON TRACT B, PLAT C-10 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 j 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. I 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 cpaissant€ hozeman,net Phone: 406.582.2908 J! i Owner Contact: Name 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. i - Cfr VILLId Gallardo Trust—Owner's Authorized Representative(s) (Print Name) i' Date:— S i g n a t u r {s) Date: - �I City of Bozeman Chris A. Kukulski, City Mana er Signature ;f iE d I� li K ---------- EXHIBIT A ACCESS AGREEMENT I, ACROSS PORTIONS OF TRACT 1 OF COS C-10-C,THE TRACT OF LAND DESCRIBED IN FILM B4,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 ems_ uNGtfr ttc- r1en.fS LOl Il P Dam or tol to II 1 2" ALUMINUM CAP ON rn;otEr a,o cur'S ADa'rrox 1 EXTENDED LOT LINE Yr/ i { I I EXTENSION DISTANCE STAMPED ON CAP, TYP. (SEE i { C.O.S. NO. 2801) 2" ALUMINUM CAP 1 1 G.i 6' WC 14,7 k' 28.00' F.; 1 SA+.N RfA!£S1AY(!NC.-UEANk:"! for 1? ! I tuafY AND DVYS ADDIR6,M Ql' ACCESS AGREEMENT AND,-- PROJECT LIMITS 1.5" ALUMINUM CAP 21.14 WC h 5.29 I — 6,66' ! / J t� 8L1CX LDA ttlie. -txetumt rn JJ Of BpQprc 5oT FiLu 84,PAGE i?Jl 55' 0 8 CENTERLINE OF NEW CREEK TOP OF BANK ---� /'(�%`r;%i. i CHANNEL 3.73' EE (:. J NORTH LINE OF BOOK 65, 2" ALUMINUM CAP PACE 111 pE1i CORD l2}.82 ' . / 22.00' EDGE OF WATER — EXISTING CREEK CHANNEL SOW REAL 1SIAIC R;C. - t1£6VA17t J 1 1'OCS�P7J3S8DB .J1.'...''.•r�{{'.., `1tio%f650Pa1GE tlt to 1" OD YIP i 39.66' 1'M 33 J. 33.59';� 1 2200' JJ1- � 39.92' I DCCx lJo. PAC£r'1J i ! II LEGEND rf Ij O 30' SYMBOL DESCRIPTION f 1 5 C _... _.. E(}GE OF' :WATER ' J i� --— -......_....--- TOP Of t3ANK -----_-_- CENTERLINE OF NEW CREEK CHANNEL i ACCESG AGREEMENT PROJECT 1. .111S i o PROPERTY LINE -1110NIAS,DEAN&110SIONS,INC. WG WITNESS CORNER 1.:NGI\EERINC_('ONSUI:I*AN7_S __ DRAWN BY: CB QUALITY CHECK: 1 _ DATE: 7113115._FB: .: TD& ) j JOB NO. B12.014 I _.______._..._........... CAD NO. l2014Xl.dwq TAB:LIEBMANN 1 II ii