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.
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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
PO Box 1230
Bozeman, MT 59771-1230
cpaissant€ hozeman,net Phone: 406.582.2908
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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.
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Gallardo Trust—Owner's Authorized Representative(s) (Print Name)
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Date:—
S i g n a t u r {s)
Date: - �I
City of Bozeman
Chris A. Kukulski, City Mana er
Signature
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EXHIBIT A
ACCESS AGREEMENT
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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/
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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
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ACCESS AGREEMENT AND,--
PROJECT LIMITS
1.5" ALUMINUM CAP
21.14 WC
h 5.29 I —
6,66' ! /
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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
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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
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--— -......_....--- TOP Of t3ANK
-----_-_- CENTERLINE OF NEW
CREEK CHANNEL
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ACCESG AGREEMENT
PROJECT 1. .111S
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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
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