HomeMy WebLinkAbout16- Access Agreement, 32 Lindley Place ACCESS AGREEMENT
SAAM REAL ESTATE CIO GALLARDO TRUST_, as Owner(s) of property located at 320
Lindley Place, and described as LINDLEY AND GUY ADD,S07,T02S, R06 E,BLOCKB,
ACRES0.24,TRACT I PLATC-10-C 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 j
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 U,
Manager of Trails, Open Space and Parks Design and Development it
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
cooissant @bozeman.net Phone: 406.582.2908
Owner Contact: Name
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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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Owner's Authorized Representative(s) (Print Name)
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Signature (s) Date:
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Date:
City of Bozeman
Chris A. Kukul� { A-=
Signature
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EXHIBIT A
ACCESS AGREEMENT
ACROSS PORTIONS OF TRACT 1 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
UNOtCY UC-HWICS
tot Ir&Poxna,Of for ro I r 2" ALUMINUM CAP ON
I NOFtr aro OYS A014.1 I 1 EXTENDED LOT LINE W/
j EXTENSION DISTANCE
I STAMPED ON CAP, IYP. (SEE
I C.O.S. NO. 2801)
l 2" ALUMINUM CAP I I
16.18' wC -14.7?',
A9 9128• l -- I �- -
I 28.00'
sM.0 RtAt tsrnrt R;c. -t+tavA!ui
a
Lot
UNp1CY ANO CW S AM17QV
ACCESS ACREEMENI AND
PROJECT LIMITS
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1.5" ALUMINUM CAP
21.14' WC 32.00
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BLACK tcw tic. -trcoeArlN '•!,', ;, v 1 �� 55.
R1A 64.PACE 4231 ll'•' ��iA
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a I CENTERLINE OF NEW CREEK
TOP OF BANK ---� ��,'..%! '; "' CHANNEL €
3.73 I,:' ".•• : / —A_ NORTH LINE Of BOOK 65,
2" ALUMINUM CAP I PAGE 11 i PER Rl CORO I'
31. ' ViC 121.82.% : / 22.00'
EDGE OF WATER 1; 5:$5",• ;
EXISTING CREEK
CHANNEL
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COS. afbS0Pt 1�1
C-10-0 !j .': ';. ;: .1W A4T
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1" OD PIP
39.66' WC .33' 1.;: . 33.59' 22.00,
I 39.92• 1 i
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LEGEND I{ 0 30'
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SYMBOL -USCRIPTION j 1� —S`C-_A-`_ E 1
- EDGE OF' WATER
TOP OF BANK
CENTF-RI.INE OF NEW
CREEK CHAhINEL
_ ACCESS AGREEMENT 8t
PROJECT I,I1,7ITS 1
PROPERTY LINE T 10NIAS,DEAN&110S[iINS,INC.'.
Vic WITNESS CORNER ENGI\EER]ING C:ONS11IA'AN'I'S
DRAWN BY. CB
QUALITY CHECK:
DATE: 7113115 1FB: TDBC
JOB NO, 012.014
CAD NO. 12014X1.dwa TAB:LIEBMANN