HomeMy WebLinkAbout72- Covered Wagon Park Inc. Annexation
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AGREEMENT FOR ANNEXATION
THIS AGREEMENT J Made and entered into this 1sl day ~f MarGh 197~, hy and
betweeen the CITY OF BOZEMAN J a municipal corporation J as Party of the First Part,
and THE COVERED WAGON PARK, INCORPORATED J a Montana corporation with its
principal office at Bozeman, Montana, the Barty of the Second Part,
W I TN E SSE T H:
WHEREAS, the Party of the S e con d Part is the owner of a platted
subdi vision, called The Covered Wagon Park Subdivision, incorporating lands located
in the County of Gallatin, State of Montana, described as follows:
Beginning at the West quarter comer of Section 1, Township 2 South, Range 5
East; thence South 89011' East a distance of 1,299.23 feet; thence soUth 1058'
East a distance of 1, 257.78 feet to the Northeast corner of the Homesite
Addition to the City of Bozeman, Montana; thence South 87057' West along the
northerly line of the said Homesite Addition a distance of 628.82 feet; thence North 10
54' West a distance of 167.54 feet; thence South 87057' West a distance of 235.12
feet; thence Southeast along a 316.5 foot radius curve to the right an arc distance
of 93.90 feet; thence along a 256.5 foot radius curve to the left an arc distance
of 76.10 feet to the North line of the said Homesite Addition; thence South 87057'
West along the said North line a distance of 340.86 feet to the Northwest corner of
the said Homesite Addition, sai d corner being on the West 11ne 01 said Southwest
Quarter; thence North 1052' West along said West line a distance of 1319.12 feet
to the point of beginning, containing 35.40 acres I of which 6.32 acres are streets;
The above described tract of land is situated in the West Half of the Southwest
Quarter of Section 1 J Township 2 South, Range 5 East, M. P.M.
and
WHEREAS, the Party of the Second Part has petitioned the City of Bozeman,
the Party of the First Par\ to extend the water and sewer facilities of the City of Bozeman
outside of the city limits of the City of Bozeman to service the lands herein described
belonging to the Party of the Second Part; and
WHEREAS, the Party of the First Part has authority under the laws of the Stat e of
Montana, subj ect to such regulations and restrictions a s are provided in Resolution No.
1466 of the City of Bozeman, the Party of the First Part, establishing the policy of the
City of Bozeman relating to the furnishing of sewer and water services to industries and
persons without the city limits to furnish such services; and /
WHEREAS, the said Party of the First Part has considered the needs of the Party
of the Second Part for said water and sewer service facilities as requested by the Party
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of the Second Part in the Petition submitted to the City of Bozeman for said water and
sewer service facilities; and
WHEREAS, the City of Bozeman is concerned with the orderly growth and develop-
ment of the City of Bozeman and, as a matter of policy, will consider the furnishing of
water and sewer service facilities to industries and persons without the city limits
in such cases where the capacity of the utility system of the City of Bozeman is ade-
quate to provide such services and further provided that the area1D be served is so
located as to be eligible for annexation to the City of Bozeman within a reasonable
future time, and further provided that, as a condition precedent to the extension of such
services, that the owner of the lands to be served shall deliver to the City of Bozeman
a written consent of the annexation of the property to be served by said water and sewer
facilities; and
WHEREAS, the City of Bozeman, being the Party of the First Part, finds that the
area to be served by said sewer and water facilities complies with the restrictions and
qualifications set forth in said Resolution No.l466 of the City of Bozeman; and
WHEREAS, the Party of the Second Part has expressed its desire and written
consent to annexation of the prop erty to be served by said water and sewer facilities
whenever so required by the City of Bozeman;
NOW, THEREFORE, it is mutually agreed as follows:
1. The City of Bozeman agrees to allow the Party of the Seco nd Part to construct
a water main and sanitary sewer main to serve the aforedescribed property f to be constructed
and installed to the specifications of the City of Bozeman and connected to the existing
water main and sewer main of the City of Bozeman.
2. The cost of the construction of said water mains and sewer mains on the
property of the Party of the Second Part herein described shall be borne by the Party of
the Second Part, and the Party of the Second Part shall also pay all water and sewer
assessments and rates established by the City of Bozeman for the use of said systems.
3. All extensions of said water and sewer lines provided to serve the property
of the Party of the Second Part herein shall be constructed in acco,rdance with the design
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. arid specifications approved by the City.Engineer of the City of Bozeman prior to th'e insta.lla ~ .
tion of said water and sewer lines.
4. The Party of the Second Part covenants and agrees to pay to the City of Bozeman I
prior to the making of the connection of said water system and sewer services I all regular
connection fees and costs which may be in effect at the time that said connection is made.
S. The undersigned covenants and agrees to convey that portion of the completed
water main and city sewer main constructed on the right of way of the City of Bozeman I to
the City of Bozeman, to become a part of the city water and sanitary sewer system and to be
so maintained by the said city.
6. In consideration of the Party of the Second Part paying for the construction of
the water main and sewer mains on the property of the Party of the Second Part as herein
provided,. it is agreed that the Party of the Second Part shall be entitled to be compensated
pro~rata for any extension of water and sewer mains upon additional property not belonging
to the Party of the Second Part.
7. The Party of the Second Part covenants and agrees that until the property herein
described is annexed to the City of Bozeman I that said property will be used for residential
purposes only.
8. The Party of the Second Part agrees,. upon request by the City of Bozeman I to
cooperate and permit the annexation of the property herein described into the incorporated
limits of the City of Bozeman.
This Agreement is hereby made binding upon the successors and assigns of each of
the parties hereto.
IN WITNES,SWHEREOF, the parties to this Agreement have caused these presents
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to be exe~u:~.~d~by'tb~~lclU1Y authorized officers, the day and year first hereinbefore written.
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PARTY ~:!~i:fl~,~I;S!.FA'~%" CITY
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PARTY OF THE S~()Nb PART:
THE COVERED WAGON PARK I INCORPORATED
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STATE or MO NTANA )
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County of Gallatin )
On this 1 st day of lVIarch, 1972, before me, a Notary Public for the
State of Montana, personally appeared WILLIAM E. GRABOW and ERNA v.
HARDING, known to me to be the Mayor and the City Clerk, respectively, of
the City of Bozeman, a municipal corporation, and JUNIOR W. TSCHACHE and
ELIZABETH A. TSCHACHE, known to me to be the President and Secretary, respective-
1y, of The Covered Wagon Park I Incorporated I a Montana corporation I and acknowledged
to me that they executed the within instrument for and on behalf of said corporations.
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... \ .....,," 11".'.., .,'> \.'~... Notary Public for the State of Mon tana.
..' .... A II '. "l' Residing at Bozeman I Montana.
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.., . \\, / . My Commi s sion expires April 5, 1972.
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S-cat~ O'f Montana .
County of Gallatin f !':;~.
Filed March 2 ,1972
at 2:15 P. M., and
Recorded in book 13 of
MISCELLANEO US Page~
CARL L. oTUCKY
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Rt: City of Bozeman