HomeMy WebLinkAbout76- Daum Easement
,
I ,
", '" .-
AGHEEMENT
Tins ACrILEEME:NT, Made and t'ntcrcd into thi s ~-d/.., day nf Septpmbcr.
1976, by and between the CITY OF BOZKlVfAN, a!Vluni,'ipal Cor'poraLion.
organjzed under the laws of tile State of Montana. Iw/'('inaHfT calh~d t.hr'Part.y
of the First Part, and IIAHHY M. DAUM and KA Tl1LEEN IVIAI\\ FLLFN UAUM,
husband and wife, of Parma Idaho, hereinafter called the Partie:-; of rhe Spcond
Part,
WITNESSETI-I:
That the parties of the second part are the OWnf.TS of a valid long (term
lease dated April 16. IH76. from Albert.T. Michel and Hamona IVlichc1lVlc.t\can
of the following described real estate situClte in the Count)! of C~allatin. State of
Montana, to- wi t:
A tract of land in the South Half (S~) of t.he Southwest Quarter (s\:\'l)
of Section Eleven (11), Township Two (2) South, lbnge Five (S)
East" M. P. M. , and more particularly described as fol1oWici: Beg irl-
ni~r ~t the Southwest corner of sa,id Sectio,n I}. tJH~nce North 1" 22 r
28 East, on and along the West hne of sald SectJon II, to t.he
Northerly right of way of U. S.Highway 1 D1. as nO\\7 lai d ou 1 and
constructed, a distance of 56.61 feet, thence North l):yJ 17':30" East
on and along said right of way. a distance of aD3. 06 feet 10 the
Southeast corner of the Southern Montana Veterinary ('lini(~, the
true point of beginning; thence North P 22'28" E:ast on and along the
East line of the said Veterinary Clinic property a distance of :300.00
feet; thence South ago 17'30" West on and along the North bne of said
Veterinary Clinic property to a point on the East line of a parcel of
land owned by the State of Montana a distance of 150.00 feet; thence
North 1022'28" East on and along the said East line of Hie State of
Montana property to the North line of the S-~-SW,;, a distarwc of
963. 74 feet; thence North SDo 24'39" East on and along said N o1'tl1
line to the Northwest corner of the R. L. Stratford prc)perty. a dis-
tance of 1478. 19 feet;1hence South 00 16' 25" W es t on and along the
West line of said Stratford property a distance of 459.54 fect; t.llence
South 24005'35" East on and along the Southwesterly line of said
Stratford property. a distance of 264. 58 feet. to a point on the right
of way curve of U.S. Highway 191, Station 286 f DB. 3.; thence on and
along said right of way curve to the right having a radius of 1860 feet
through a central angle of 450 33':~Slr a distance of 1479. 04 feet to
the right of way P. C, Station 271 f 77.5; thence South l:lH' 17':~0" West
on and along said right of way a distance of 143.15 feet to the t.rue
point of beginning. Said tract contains 38.612 acres, subject. t.o
existing easements for irrigation ditches, power lines, gas lines and
water lines as the same now exist over and across said property.
,.,\w.
, -,
That second parties arc building a cornnH'!'l'ial shopping Clie'l!'I' (In ellC
. ' ,
above described lands, and in connecti on therc1,vitll have sc'cuY'l'd ~i:l ('a;,; ('-" ('111
from the owners of the above described land for ('on:::;(t'L!ejjon of 5('\\,(1' ,ltld
water lines on said lands in such manner as shall (w agn'cahlc vvi1.h L!l(' ('j ty
of Bozeman and second parties; and
Tliat second parties are also Uw o\vnel'S (if pas~'rnents c";il'~'](iing frUiTl
the above described lands in a northerly directil)t1 O\T'l' and <-1<'1'0;-;:0 lands u',nled
by Gary L. Cook and .loan W. Cook. husband and "Nifc, George I':. COllk an,i
Alice M. Cook, husband and wife, Lowell C. Curtis and Shirley T':, ('111' ti s,
husband and wife, and Erwin Lachenmaier and Eva A. Lach enr,naicl', ilushand
and wife, to Durston Road for the cons truction of a sewc I' litH' exic'ndi ng from
the above described properly to Durston Road, and t.hai ",<"concl partie", desir-c
t.o extend said sewer line easterly along Durston Hoad t.n connect. wit.h tIlP
present sewer line of the City of Bozeman as the sarn" tlO\V ('...i;;;_~-; in l)ur';:;\()n
Road;
NOW, THEREFORE, It is agreed behveen the parties hereto as i'olhJ\\/s:
1. That in consideration of the parties of the St'l'ond p3.l't bei ng permi ttcd
to connee t onto the City sewer and water li.nes, second parties fell' thr-rrlsf'!vCS,
their heirs, executors, administratol's, successors and assigns du hereby agree
and consent to the above described property being included "ii tlrirl the C rty lim its
of the City of Bozeman at any time the City of Bozcrnan rt'q\ljrf~s that the samf'
be annexed.
2. Second parties agre(-~ to construct a sewer line extc'ndlllJ.~ h'rnn 11w
above described property north to Durston Road and cast along Dursion HOD_d to
connect with the present sewer system of the City of BU7clllan al s('('ond parlles'
i.nitial cost and expense with tilt' understanding that St",:(I11d pal'lici'> wiH be
reimbursed by the owners of the lands bencH ted by Uw i llstalla ticm of ,:w S PWPl'
line as hereinafter provided.
:3. That upon tlw rTqucst of the C'ity of lh,>zPnlan SC'C'(ll,(l par'tifs \vilI
- I) __
.:.,
.\" , "
assign all of thrir interest and rights in the ('<:1.Sl'n1('ol:,:; for tilt' f;C'\\Cl'litH: 11)
tbe City of Bozeman.
4. That second parties will assign their iukn,'st in lhe water :'Lnd SVWCl'
lines constructed on the property leased by second pal'tics as fH'I'I'inbefure
described to the City of Bozeman,
5. That the construction of said SPWCl' line and vlalc)' line. shall be
constructed and installed in accordance with the 1'cqui rt'nH~ll ts of ti:e- C It:v of
Bozeman and the City Engineer.
6. That second parties agree to comply wi th the requirenlf'nt.s of the
building codes as to plumbing, electrical and mechanical construction for any
buildings built by second parties.
7. Second parties agree to pay to the City of Bozeman al1 regular
connection fees and service costs for sewer and water connections.
8. In connection with the construction of said seWl't' line, it is agTPed
that second parties wi11 pay the initial cost of cons Ll'uding the same, but that
the cost thereof including engineering expenses shall he proratt~d on a pel'
square foot basis over property bordering or abutting said s ew(>l' or Llsi ng the
same, and the prorated cost thereof together with inierest at the rate dett'rmined
by the City from the time the same is construct.ed until paid. compounded
ann ually . shall be paid by owners of property borderi ng 01' abu tUng sai d sewer
at the time said property is connected to and using said sewer. .In this connec-
tion, it is estimated 111at bordering or abutti.ng area is approximately 250 acres
and the exact area will be determined by the City. It is agr(-'ed tJJat as }'cim-
bursement moneys are collected by the City of Bozeman they \\-"i]] IJ(-~ paid by the
City of Bozeman to second parties as partial reirnbursemerd uf the cost of
constructing the sewer line. The above reimbursement charge S cit'(' in addition
to the usual and normal charges that will be made by the C'i ty of j'\uzt'rnan for
service connections and monthly service charges.
"
~ ,)-
..-, ~, t'
IN WI'rr\JFSS WTIF:HE01<' the partie:'> Ilt'ITLo :ld\( i,: c'unh' ('Xl','llj/.d
this instrlHllent the day and yt~ar first ahovl' \\iTi U.C'n,
CITY OF BOZF\U\\, a \luni,,'ipa1 Corporation
O--d /d-L-~-~J
Mayor.
//1 --'
, !\...k/<-A...,....'<' ~'Lr.A-V"---J-r;r
(~:l'Vvf--< J 1'1' k / :
'['JH' Par ty 1:)1' the I 'I t':~; 1),Jl'i,
---"...,
/
''77 j?//' ~
.....(..:__:1' CLL::-.e.,~-/ ~'_<_~
.. f<ath) (l1'LL'J':vi'lh'" iJalltr,
The r'arlil';,-; .)i' i,IH' ~;l'l''.)nd ]-};Jd.
CONSENT
The undersigned, A LBEH T ,I. I\llCIJF:L, :1 single niiHI, an,! FU\:VICF,i\
IVITeI-TEL McKEAN, owners of the hereinbefore dcser-i_bed l't<Ji pr()pl:'l'iy sub,led
to a lease to Harry M. Daum and Kathleen l\!f;lry Ellen DaUtTl. du tler-eb) consent
and agree t.o the foregoing agreement and agree to con1pJywith the contents
thereof including waiving any objection to said land being induclt,d \Vilhin tlw
City limits of liozeman at any time that the City shall n-'qlH-'st ll1al lhf' same bt~
annexed.
_ cac1!;--h~,
DATED this c2-'1~ day of ~~"lJi'''ll!JWt.. 1876.
~:J ~~/U
Albert ,). 1 i chel"
~ ~' ~~ ,"
/ ~ /
, --'<:-?1 ct-- ,l.-t:;f..e e. ,1: ~,,,<-?1"
l{amona I, icnel _ild<can
, :+
. ,
.'1 I'. ,~) "
STATE OF MONTANA )
) 88.
C'ounty of (rallatin ) / " / ,,'
S / / /"~ /, c '/
C L,......,'..0:" C {;'; /. ----.: /~____
On this / - day of SCI/l.t"lIlln'1', l~17G. l)('j'()T'(:' Inc. a :\012.<"\ Public
i'(K the State of Montana, personally appearc'd .fan-H's 'IV. V(\1Ir[1('\', V:avor. and
",' - ','," ",,/ . ' .) _/ . ,7" ..
~;("i>/iL- ~:AL;,LV..-;'~/y ,--te<:-~-;~jI' aA:.-k-
/ __llli::l. V. II ,diitg, Clelk, known to me to ble' the persons \vhosc' na fncs ~t1T
subscribed to the within instrUlnent and acknowledged tu 11'(' II)at they E'_'{('('utec!
the same on behalf of the City of Bozeman.
<:. " -..' i) /,
({ ,,' Jc.::-'-/ i1
,.~ .,. .-,~ ,~.,.,"" .y
Nomry Public jo1' HIP Sial'.. 1'+ f ,onl,'dicL
Residing at Bozeman.1Vl'h!~W';(')
My Commission expi ('('s ^"~)\">:'~ // f'7'1
(/" - "
STA TE OF MONTANA )
) 5S.
County of Galla tin )
~~~
()n this 02~ day of: f.t::C, ~, 1976. before' me, ;1 :\01<11')' Public for
the State of Montana, personally appeared Harry:Vl. Daum and 1< a thl een;\Iat'y
,Ellen Daum, husband and wife, and Albert .J. Michel, a single man. and J{amona
Michel McK ean, known to me to be the persons whose namr's an' subscribed t.o
the wi thin instrument, and acknowledged to me tha t. tJl (':V executed the sanw.
,-
-- ;) -