HomeMy WebLinkAbout75- Bozeman Industrial Park
.~
..
. .
,
: 'I ....
,1__,
28 "A'-
' _ ',I.
1.'0...
561
A G R E E MEN T
THIS AGREEMENT, made and entered into this 2nd
day of
Ap ril
, 1975, 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
r
Bozeman Industrial park, 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 des-
cribed 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, pursuant to the pro-
visions 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:
1. The Party of the Second Part may at any time hereafter connect
the above described tract of land, including the improvements in place
thereon or hereafter constructed with the existing sewer lines of the
. '
"
,
(lU~
::'...8
;( ;~,~E
562
city of Bozeman, Montana, at the point to which said lines have
been presently extended.
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 pro~
cessing 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 pursuant 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 re-
quest by the city of Bozeman, Second Party will permit annexation 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~'_;:;;~;r;""
.,..,//~'~ .."
....,.......
........- ...--~----_.
...."
.../0.
/'
,_,.- I
.". .7"' /';.::.... ...:.<~'.2~~ .,,:,~:,.c;-/....-
. --.--;/
_~"_._'T'-'-.----'
....:.,i.. _\~
;:..
,.', _ ./ /.,' ~;U
Clerk
i.U. .....-,.
..j
./~:. /,~-.f
.,/'-"'
.
.
FilM
r<"\
"i;,;l >:I,~:
U .'t......
PARTY OF THE SECOND PART:
(/ . .,
· .;;:~"f,t. .S',/1:'l/
/
/'-
C
STATE OF MONTANA
)
,,{/ c.;" r//-)AI.Jc[>..J ;t:'r?(i'f'i?d( .; / ^" '-
~ rf?(j;JJL Q7,Wd,c~,
SSe
County of Gallatin)
On this 15th day of
April
1975, before me, a Notary
Public for the state of Montana, personally appeared Edmund p.
Sedivy, Sr., Mayor, and Erna V. Harding, Clerk, known to me to be
the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same on behalf of the
city o~ Bozeman.
~ ..' "
-:' ..,"'" ~
,:'"'1.
\W"".j 5~1 iL: .J;
Nota~/pu~ic for tne State of Montana
Residing at BoztIIWJfif'-M"p-t".Ana...
-~tie mBll(nor the Sfl!~ of Monfa,!,
My Commission '=f"lP." lf8ldloS' ,,' Rn'91lUR, Ml/Rtallll
'MY Commission expires Dpre'noer t J. 1011
.~,.
.} ..
, .
J . . I ~ I I . 1-' . .
STATE OF MONTANA )
sa.
County of Gallatin)
On this :2 9 fA day of
I~')
1975, before me, a
Notary Public for the state of Montana, personally appeared
WESTLAND ENTERPRISES, INC,
Everett Egbert and by R. G. Simkins, President, known to
me to be the persons whose names are subscribed to the within irS:ru-
ment and acknowledged to me that th~executed the same.
'I )" IJ +11
Notary P ic for the ate of Montana
Residing at Bozem~n~ ~f}e-fOf the S\~t8 oj Montana
My Commission expl.rl!~ Rs&illing ~t Bozeman. IVilJnlHn~ .
. . De'ember 11 1977
MY. Comm!ss!OO expnes c . .
.. .<,>'
\ 'NDEXEO--v('
}.!) ~~.fj rL^T:::.~.'~~~:V"l
563
29 ,.975
page-------261
Deputy
State of Mont., County of Gallatin. 58 Filed for record
at 9: 15 A. _M., and recorded in Book 2$ of
....
CARL L. STUCKI_.._"."_..... Recorder. By-
Rt: City of Bozeman