HomeMy WebLinkAbout72- Celander; Crabb Agreement
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AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of July,
1972, 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 HARLEY A. CELANDER and JOSEPHINE L.
CELANDER, husband and wife, and GLEN II. CRABB and IRENE J. CRABB,
husband and wife, all of Bozeman, Montana, hereinafter called the Parties
of the Second Part.
WIT N E SSE T H :
WHEREAS, the Parties of the Second Part are owners 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 as follows:
That part of the Southwest Quarter of the Southeast
Quarter (SWl/4 SEl/4) of Section 31, Township 1 South, Range
6 East, M.P.M" within the following metes and bounds, to wit:
Beginning at a point which point is 385 feet North of
the South Quarter Corner of Section 3], Township 1 South,
Range 6 East, M.P.M., and lying in the West boundary line of
the Southwest Quarter of the Southeast Quarter (SWl/4 SEl/4)
of said Section 31; thence East and at right angle to the
above mentioned West boundary line 155.1 feet; thence North
45014' East 215.3 feet; thence North 1028' West 504.4 feet;
thence North 26006' West 302.8 feet; thence West 161.7 feet,
more or less to a point in the West boundary line of the
Southwest Quarter of the Southeast Quarter (SWl/4 SEl/4) of
said Section 31, and which point is 131.9 feet North of the
South Quarter Corner of said Section 31; thence South 928.9
feet to the place of beginning.
WHEREAS, the Parties of the Second Part have 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 provisions
and authority given by Section 11-1001, R.C.M., 1947, and as amended by
the 1971 Legislative Assembly; and,
WHEREAS, the Parties of the Second Part agree to pay all fees
and costs required by the City of Bozeman in connection therewith, and
further agree, upon request by the City of Bozeman, to consent to the
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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 Parties of the Second Part may at any time hereafter
connect the above described tract of land, including the improvements
1n 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.
2. In consideration of the permission hereby granted to
connect with the existing sewer lines as herein provided for, Second
Parties agree to pay all costs and charges required by the City of
Bozeman in connection therewith and agree 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 agree that all work done in connection therewith
shall be done pursuant to the plans and specifications furnished by
the City of Bozeman and subject to the approval of its City Engineer.
3. In consideration of the right to extend said sewer
lines and connect thereto, Parties of the Second Part agree that,
upon request by the City of Bozeman, Second Parties will permit
annexation of the real property herein described in the incorporated
limits of the City of Bozeman.
4. Further in consideration of the right to extend said
sewer lines and to connect thereto, Parties of the Second Part agree
that the City of Bozeman shall reserve the right to designate the
type and amount of sewage introduced into the sanitary sewer line
herein referred to.
THIS AGREEMENT 1S hereby made binding upon the successors of
the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
PARTY OF THE FIRST PART:
CITY OF BOZEMAN, a municipal
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Mayor
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'/ Clerk
PARTIES OF THE SECOND PART: ;Z~z(iY /1 (L;/:C-~l~'/.;L/
. Harley A. Ce lander
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Gl'en II .1=rabb
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I reneJ,. CraE)b
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STATE OF MONTANA)
ss.
County of Gallatin)
26th
On this ~ day of JUly, 1972, before me, a Notary
Public for the state of Montana, personally appeared WILLIAM E.
GRABOW, 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
~J-?J /~o
No ary Public for;~he State of Montana
Residing at Bozeman, Montana
My Commiss ion expires . . Cj~r;-"7i
City of Bozeman.
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STATE OF MONTANA)
ss.
County of Gallatin)
On this ~ day of JUly, 1972, before me, a Notary
Public for the state of Montana, personally appeared HARLEY A.
CELANDER, JOSEPHINE C. CELANDER, GLEN H. CRABB, and IRENE J. CRABB,
known to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the
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tLavuiv :t! ~'a
Notary Public for the S~ of
Residing at Bozeman, Montana
My Commiss ion expires ~au /6,
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Montana
1976-
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INDEXED
PLATTED
State of Mont., County of Gallatin. ss Flied for record Alle:)1~t. 2. ,~ 72
at 12 :2l) PM.. and recorded In Book 15 of Miscellaneous page~
Carl L. Stucky Recorder. By ().Jk }n, {1..-l}~~Ll-:pJ Deputy
Rt. City of Bozeman
Fee: None
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