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I'InS nc;rtr,l.nnl;N'r, Made and catered into Witti#` i1a� "f ;''P'''r"h�•r.
1!)76, by and hot.wecn We Cl,,, Uh li(YLI:MAN, u Municipal Cor-poration.
nrganiaed under We laws of tlrc State of Rlontana, horcinaifter called We 1'crrry
of llte First fart, and IIAIIVty M. DAUM and KATII ?Ar\lit:
husband and wife, of Parma Idaho, hereinafter called the Part.ic-S nl' in " 'ond
Part,
W I T N E S S E T II:
That the panics of Lhc second part ar-e the o""ers of a %•alirl
lease dated April 16. 1!,76. I'rorn nlbert .J. Michel and Ramona Michel Nicki-an
of the fallowing described real estate situate in the ('ountl of Gallatin. S: ilr of
Montana, lo-wit:
Two (2) South, ttan{(e clue (5)
n tract of land in lire South 11a1C (S�) of Urc Southwest Quarter (titt•.i
of Section Eleven (i 1 n reTownshipParticularly
tic
M, P.M. .
Last, and mot•c particulat•ly dcsc•rihcd as fallo�cti: lir•I:rn-
r of
nin� at We Southwest
valcng Olt! West
line ofS-kid :icctinn�ll to tl"�
28 Last, o 1!11 . as now laid out and
Northerly right of way of U.S. llighwa}' rw l7'30" Eas,
constructed, a distance crf 56,61 feet, thence North 8•
on and along said right of way, a distance• of 8!'3. OG feet to th the
e
Sout)lcas tcorner
beg nof the ning; thence TNorth Montana 22 28`, 1•!ast on and along thr•
true porn
Last line of tile ugh it!), 1c7 30"Westnry lontan t agony llret,Nortlr lint: ul lo
feet; Wence So Dint on the East line of a Parer 1 0'
Veterinary Clinic. property to a p
land owned b We State of Montanahe atstanee aicf East tli 50or the Slat' or
�•
North 1° 22'28" taro n and along
goth g the We S•'_SW„ a distance- of
Montana properly
id
+-
!)Gn l4 the tNort Northwest crornerc sa
or the R East
on anti Stratford ptrr'operty pre t
lc a thence South 0° 1 G'25" �'cst on and aloof! the
Lance of 1470.1 J feel;
t operty a distance of 4Ci0.54 feet, U"rn c
West line of said Stratford p
South 24°05'35" East on and along the Southwestet•ly line of said Stratford property. a distance of 264.58 feet, to a point on theon and
right
of way curve ° of way to0the righot having a radiu1. s enc of 1�860 fret
along said rightY
through a central angle of 45°33'38" a aist11ence South UT 17 O'�tWest
the right of way P,C. Station 271 { 77•�•
on and along; said right
of way tract a distance
c38 G12 acres,csubject Tour
point of beginning. its lint-, and
existing casements for irrigation ditches, power• linrrs, 6�
water lines as the Same now exist over and across said Pr•opr'c•IN''
s
� ri..;i�� J•
1�
'chat ,ccumd parties are building a coll"llercial shopping t:n4•ti•r 1-11 :ii•
above described lands, and in connection therewith have secured an
from the owners or the abi1ve described Innd lire V011;trurtion of sewer ;infl
water lines on said lands in such manner as shall be agreeable with t!iv ('q
of Ilozeman and second parties; and
•L'hat'second parlies,are also the owners of casc•nienis v77 ' •tutin :i nn
the above described lands in n northerly direction over and acre;, 11:1d: W,a•t•,011
by Gary L. Cook and .loan W. Cook, husband and xvife. George H. C'i.,ii: :o-d
Alice M. Cook, husband and wife, Lowell C. Curtis and Shirley E. ('nr1i.,
husband and wife, and Erwin Lachenmaier and lava A. Lachenmaier. hos!-and
and wife, to Durston Road for the construction of a sewer line exterdi'19 tram
tlic above described property to Durston Road, anti that second partil•. d� .irc
to extend said sewer line easterly along Durston Road to connect with 'hi-
present sewer line of the City of l3ozeman as the same now exists in Ourr;ton
Road;
NOW, TiiEREFORE. it is agreed between the parties hereto as fellows:
1. That in consideration of the parties of the second part heitig lect-nitted
to connect onto the City sewer and water lines, second parties for thwnsviveti,
their heirs, executors, administrators, successors. and assigns du hervby akrev
and consent to the above described properly being included within tht• Co.% hinit.
of the City of Bozeman at any time the City of 13ozeman requires thai t!n• saine
be annexed.
2. Second parties agree to construct a sewer line extending from the
above described property north to Durston Road and east along Durnitin liond to
connect with the present sewer system of the City of Bozeman at serviid parties'
Initial cost and expense with the understanding that second par!ios will in•
reimbursed by the owners of the lands benefited by the installation, n! ,!iv .i•wer
line as hereinafter provided.
3. That upon the request or the City of P iceman svcord part it s will
i1
assign all of lhpir interest and tights in the easenivnt, I'm- the I01- eo
the City of 1,3ozeman.
4. That second parties will assign their interest in the water :tnrl .sewi•I
lines constructed on the property leased by second patties as he re'inlrt•f„r c
described to the City of Cozeman.
fr, That the construction of said sewer line and water lint, stall Ill,-
constructed anti installed in accordance with die retluirrments of tl,e 01% of
Bozeman ant] the City Engineer.
G, That second parties agree to comply wi th the requirement, of tite
building codes as to plumbing, electrical and mechanical cons trtic!iun fur any
buildings built by second parties.
7. Second parties agree to pay to the City of Bozeman all regular
connection fees and service costs for sewer and water connections.
8. In connection with lire construction of said sewer line, it is agreed
that second parties will pay the initial cost of constructing the same, but that
the cost thereof including; engineering expenses shall he prorated on a per
square foot basis over property bordering or abutting said sewer or using t.lre
same, and the prorated cost thereof together with interest at the rate docrmint
�.�1 p..�- by the City from the time the same is constructed until paid, cotnpuundo'd
,tlsi¢• annually, shall be paid by owners of property bordering or abutting; said sewer
at the time said property is connected td and using said sewer. In this t•tmnec -
tion, it is estimated that bordering or abutting area is approximately 250 acres
and the exact area will lie determined by the City. 11 is agreed that as reim-
bursement moneys are collected by the City of Bozeman they will Ire paiel bl• tl.t
City of Bozeman to second parties as partial reimbursement of the! vast of
constructing the sewer line. Tlie above reimbursement charges Tire in additiol.
to the usual and normal charges (rat will be made by the Cl ty of Rozenian for-
service connections anti monthly .4ervice charges.
� � + �
1
IN WITNFSS W I I ERE01" 111L' P"I'Lies ltcrt la hat t h
this insb'lllnent the day and year l'i rst above wri 1-tell.
()F BOZEMAN. a NItinicipal C-1-POV"Li011
1v
nu. Park:v tit' the First 1'.1 I-!.
.e
fary
CONSENT
Tit(., undersigned. A1,111-flIT -1. NIICIll:.1, .1 sjilgit- 1-nan, and RAMIONA
MICIIEI., McKEAN, owners of the hereinbefore described rual propert... sub.1vet
to a lease to Harry M. Daum and Kathleen Mary E'llen Dauni, tic) Msent
and agree to the foregoing agreemvnl and agree to c.-twiply with lilt-
rung nts
thereof including waiving any objection to said land being included within 0.iv
City limits of Bozeman .11 ally time that die City shall request lilll lilt, s.-tiliv be
annexed.
DA,rED uiisg day or 1976.
RanT(_)_n_aT%TwTiv1 WC_Kvan
' _ s_
STAIT, OF moN•rANA 1
County of Gallatin 1
On this/- clay of Sertt'Tabur, 1976, bofore me. a Notai•v i''ul�lic
fov the state pr Montan�.3. personally appeared James \V. Vollmer. Mayor, and
`rrYa V—H:frciififi;-Clrrfcv, known to me to be the persons whose namos :ire•
subscribed to the within instrumenL and acknowledged to nn• that !hw;. i•xi•e•ulud
the same: on behalf of the City of Bozeman.
oEary Puolic for the . to vu om.o.a.
Residing at Bozeman. I.l +ntrua
My Commission e•xpive•s �,�G•'7.tvf^� ��
v `
s,rATE OF MONTANA )
ss.
County of Gallatin ?
On thi8 ,7 ' day (if '. 1976 brfory mvr. a \olar\ Public for
the State of Montana, personally appeared liar•ry M. Daum and Katldev•n Mary
Lllen Daum, husband and wife, and Albert J. 11•lichel, a single man, and ilantona
Michel McKean, known to me to be the persons• whose namt•s are subst•:•iln•d to
the within instrument. and acknowledged to me that thv-v e se•c'uted the saint..
o ary PuMic"Tor We Sia Montana.
Residing at Bozeman, IvIomtunn.
My Commission expires January 14. 1!17 7.
A G R E E M E N T
THIS AGREEMENT made and entered into this Sth day
of November, 1980, by and between THE CITY OF BOZEMAN, a municipal
corporation, hereinafter referred to as "City", and NARY M. DAUM
and KATHLEEN MARY ELLEN DAUM, husband and wife, hereinafter referred
to as "Developer",
W I T N E S S E T Ei
WHEREAS, the parties have previously entered into a
sanitary sewer agreement on the 29th day of September , 19 76 , a por-
tion of said agreement providing that the City shall collect interest
from property owners when such.property owners hook onto the sewer
system; and
WHEREAS, the parties desire to omit any requirement of
the payment of interest to insure prompt hookups to the sewer
system by said property owners;
NOW, THEREFORE, in mutual consideration of the covenants
and conditions contained herein, it is hereby agreed as follows:
1. That said sewer agreement previously mentioned is
hereby amended to exclude any requirement that property owners who
hook onto the sewer system should be required to pay any interest.
2. That this addendum shall not release any property
owner from paying his proportionate share of appropriate cost of
installation and construction of said sewer system.
3. That except for the deletion of the requirement of
payment of interest, all other provisions and terms of said agree-
ment are hereby confirmed and ratified.
DEVELOPER: THE •CITY•'OF BOZEMAN, a
municipal corporation
HARRY M. DAUM ey I J
MAYOR
KATHLEEN MARY ELLEN DAUM ATTEST: - ✓. /
Clerk o the C. ty Comm: ss on
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