HomeMy WebLinkAbout76- MT Country Coors, Inc. Easement
~
..
, .
.
'. . j
~
f
A G R E E MEN T ." ;~.'~ ~S 1759
~~_._-~~-
THIS AGREEMENT, made and entered into this 22nd day of
December , 197~, by and between the CITY OF BOZEMAN,
a municipal corporation, organized under the laws of the state
of Montana, hereinafter called the Party of the First Part, and
MOUNTAIN COUNTRY COORS, INC., hereinafter called the Party of
the Second Part.
WIT N E SSE T H :
WHEREAS, the Party of the Second Part is the owner of certain
real property located north of the city of Bozeman in the county of
Gallatin, State of Montana, which real property is set out and
described in full on Exhibit "A" attached hereto and by reference
made a part hereof.
WHEREAS, the Party of the Second Part has petitioned the
city of Bozeman for permission to connect the property described
herein with the existing sewer lines of the city of Bozeman at
the point to which said lines have been presently extended, pursu-
ant to the provisions and authority given by Section 11-1001,
R.C.M., 1947, and as amended by the 1974 Legislative Assembly,
and
WHEREAS, the Party of the Second Part agrees to pay all
fees and costs required by the city of Bozeman in connection
therewith, and further agrees, upon request by the city of Bozeman,
to consent to the annexation of the tract of land herein described
to the city of Bozeman.
NOW, THEREFORE, it is mutually agreed by and between the
parties hereto, as follows:
l. The Party of the Second Part may at any time hereafter
connect the above described tract of land, includinq the improve-
ments in place thereon or hereafter constructed with the existing
sewer lines of the city of Bozeman, Montana, at the point to
which said lines have been presently extended.
:4
.
, I
. . l.?~O
f \LM 3:;
t...
2. It shall be and is hereby agreed that the Party of the
First Part being the city of Bozeman, Montana, shall have full
and final control on the type, condition, and amount of sewage
entering the sanitary sewer mains. The Party of the Second
Part hereby agrees to pay any and such fees as imposed by the
city of Bozeman for processing and treatment of said sewage.
3. In consideration of the permission hereby granted to
connect with the existing sewer lines as herein provided for,
Second Party agrees to pay all costs and charges required by
the city of Bozeman in connection therewith and agrees to pay
all construction costs and charges incurred in the excavation
for said sewer lines and the pipe and materials, including the
laying thereof, used to connect the property herein described
with the existing sewer lines of the city of Bozeman, and agrees
that all work done in connection therewith shall be done pursu-
ant to the plans and specifications furnished by a professional
engineer licensed in the State of Montana and approved by the
Bozeman City Engineer.
4. In consideration of the right to extend said sewer lines
and connect thereto, Party of the Second Part agrees, that upon
request by the city of Bozeman, Second Party will permit annexa-
tion of the real property herein described into the incorporated
limits of the city of Bozeman.
THIS AGREEMENT is hereby made binding upon the successors
and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed the day and year first above written.
CITY OF BOZEMAN,
a Municipal Corporation
,.,
PARTY OF THE FIRST PART: '\ - . /
B '. ...'1.
"'.' > '. ,. .
...y ..... IU.// .'_ ~ i ...-'. &:::r/.", <...." . .. ....,------'"
{/ ....Mayo r " ,I
/ ~;.
"..i ,.t 1'/. .. " /'
.~ j . / i' "'..' ,,;-:.:.,:.' , ' '.
(;..'" '" /d' .' .,' ~""""":' ~'>" ...,.~__~
Clerk I" ",//
. .'
.
.
..
35 ~C'.
1 L '..JI ' ,'" lr 0.1
:;.,J;". .... II
Description
A tract of land in the Northwest one quarter (NW~) of
Section Six (6), Township Two (2) South, Range Six (6) East,
Montana Principal Meridian, Gallatin County, Montana and des-
cribed as follows:
Commencing at the northwest corner of said Section Six
(6), thence North 880 10' 08" East, along the north line of
said Section Six (6), a distance of 425.07 feet to the southerly
right of way of the Northern Pacific Railroad;
Thence South 380 55' 00" East, along said right of way a
distance of 1243.20 feet to an iron bolt found in place. Said
bolt being the true point of beginning.
Thence continuing along said right of way South 380 55' 00"
East, a distance of 1293.29 feet to the northerly right of way
of I-90;
Thence along said right of way, along a curve to the left
having a right of way radius of 2964.93 feet, through a central
angle of 120 54' 52" for a distance of 668.29 feet to right of
way Pt. Station 29 + 37.2;
Thence continuing along said right of way, North 740 48'
50" West, a distance of 176.07 ft.;
Thence North 010 49' 00" West, a distance of 714.53 feet
to the point of beginning. Said tract being 6.055 acres along
with and subject to any existing easements and in particular
that City of Bozeman sewer easement as recorded in Miscellaneous
Book 14, Page 393, Gallatin County Records.
.
.
. , .
.
"'. . . j ...,'~ 3
~-
f \L \,\ , .~ ...' tJ
\, ,-,'
PARTY OF THE SECOND PART: MOUNTAIN COUNTRY COORS, INC.
..~--:>_.. '- ./
,/ t
/.(. (", ',- ,.' . ~...
- James W. Kack
STATE OF MONTANA )
County of Gallatin)
On this 22 day of December 197 ~, before me,
a Notary Public for the state of Montana, personally appeared
James Vollmer, Mayor, and Erna V. Harding, Clerk, known to me
to be the persons whose names are subscribed to the within instru-
", ;.: mer'l't., and acknowl edged to me that they executed the same on behalf
<~~~'~":"ttl:~ ,.~.
:,\\~TJU9.f th,e.city of Bozeman.
'i'~ .
rli:: 'f-
\. . --
i) )..,t ;..:.,' . '-
.. ;'; .....~, ;r'~.. ,_ ~ .~
~~""~ . Io.~ ," ; () ,))' Ir/I!LI
."', ....".. ..*' ~,\l"" '......... $-""" j J--
" ......... \. "...' \,
: OF ~l('\"" ::\"", Notary Pp~lit for th~ State of Montana
"U.'.IH\I~~\.\1 Residing at Bozeman, Montana
My Commission expires /1/11 /} 7
STATE OF ~10NTANA )
County of Gallatin)
On this dll41day of CLJP~" C- 197 ~_, before
me, a Notary Public for the state of Montana, personally appeared
James W. Kack, known to me to be the person whose name is sub-
scribed to the within instrument and acknowledged to me that
she executed the same.
,) ~~
':':1 A~, '
~-:'--_.--, .
~ ""'......~~ ......-t' ,- Notary--p. lic for the State of Montana
t" ~ ...... Residing at Bozeman, ~
,.! ,0j0'0. ~ ... .':\ .-
, My Commi ss i on expi res __<, ~ I ~- / '? 7 Y
,/ / -r---
"- '<,
"" """ Iri" .', -. ,\, .'. ".
/
3 .-H'\1 0 INDEXED j/
It. t.)' ./..;... I PLATTED ..
State of Montana } s"
County of Gallatin 5.
Filed_______;!'a!1ua!'L2---, 1977
at __~_; 19______.,.____~_. _~.;" d Ild
f~ecordcd in bocv_ _35 n_ ot
MI SCELLANEOUS p;jf'e__J.?5_9
~.~___._' ---,-,-,., '._J
CARL L. STUCKY
-~;j-- .-
Coo 'yCI .~
. ,
By - "~,._.. ---
D puty
fee $ --
--~~~
Rt: City of Bozeman