HomeMy WebLinkAbout71- Five-C Development Inc.
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AGREEMENT FOR ANNEXATION
THIS AGREEMENT, made and entered into this
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9- day of
June, 1971, by and between the CITY OF BOZEMAN, a municipal
corporation of the state of Montana, as the party of the first
part, hereinafter referred to as the city, and FIVE-C DEVELOPMENT,
INC., a Montana corporation of Bozeman, Montana, the CHURCH OF
CHRIST OF BOZEMAN, of Bozeman, Montana, a nonprofit corporation
of the state of Montana, the parties of the second part, herein-
after referred to as the applicants;
WIT N E SSE T H :
WHEREAS, the applicants are the owners of lands situate in
the Northwest Quarter of the Southwest Quarter of Section l3,
Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana,
and adjacent to the existing southerly boundary of the corporate
limits of the city of Bozeman, Montana, which said lands are
more particularly described in Exhibit "A" hereunto attached
and by this reference incorporated herein; and,
WHEREAS, the applicants have petitioned the city of Bozeman,
Montana, to extend sewage facilities of the city of Bozeman outside
of the city limits of the city of Bozeman to service the lands
belonging to the applicants herein described; and,
WHEREAS, the city of Bozeman, under and pursuant to Section
11-100l, R.C.M., 1947, as amended by the Session Laws of the 42nd
Legislative Assembly of the state of Montana for the year 1971, has
authority, subject to such regulations and restrictions as are
provided in Resolution No. 1466 of the city of Bozeman, establishing
the policy of the city of Bozeman relating to the furnishing of
sewer and water facilities to industries and persons without the
city limits, to furnish sewer services and facilities to persons
and corporations outside of the city limits; and,
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WHEREAS, the City Commission of the city of Bozeman, Montana,
has considered the needs of the applicants for sewer service
facilities as requested by the applicants for the lands and
premises hereinbefore described; and,
WHEREAS, the City Commission of the city of Bozeman, Montana,
the party of the first part herein, finds that the lands of the
applicants herein described to be served by sewer facilities complies
with the restrictions and qualifications set forth in said
Resolution No. 1466 of the city of Bozeman; and,
WHEREAS, the applicants have expressed their desire and
written consent to annexation of the land herein described wherever
so required by the city of Bozeman.
NOW, THEREFORE, it is hereby mutually agreed as follows:
l. The city of Bozeman agrees to allow the parties of the
second part to construct a sanitary sewer main from a point approxi-
mately eight hundred (800) feet north of the intersection of Nine-
teenth and Lincoln Streets to the intersection of Nineteenth Street
and Lincoln Avenue and from said intersection to the lands of the
applicants, the parties of the second part, herein described.
2. Said sewer main shall be constructed and installed in
accordance with the plans and specifications as prepared and
supervised by the City Engineer of the city of Bozeman, Montana.
3. The cost of construction of said sewer main, including
any sewer distribution lines within the area of applicant's lands
herein described, shall be assumed and paid for by the parties of
the second part herein.
4. The applicants, the parties of the second part herein,
further covenant and agree to pay to the city of Bozeman, prior
to making connection of said sewer system, all regular connection
fees and costs which may be in effect at the time the connection
is made.
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5. The undersigned further covenant and agree to convey and
transfer all sewer lines constructed pursuant to this agreement,
to the city of Bozeman upon completion of the construction thereof
to become a part of the city's sewer system and to be maintained
thereafter by the city of Bozeman.
6. The undersigned, applicants and parties of the second
part of this agreement, for and in consideration of the privilege
to connect onto the municipal sewer system of the city of Bozeman
in the manner of and in accordance with the conditions herein set
forth, do hereby expressly covenant and agree, for themselves and
their successors In interest in any of the lands herein described,
upon request by the city of Bozeman, Montana, to cooperate with
and consent to the annexation of all property herein described into
the corporate limits of the city of Bozeman, Montana.
THIS AGREEMENT is hereby made binding upon the successors and
assigns of each of the parties hereto.
IN WITNESS WHEREOF, the parties to this agreement have caused
these presents to be executed by their duly authorized officers,
the day and year first hereinbefore written.
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CITY OF BOZEMANJ
Party of tl'le F~t
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ATTEST:
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Secretary
FIVE-C DEVELOPMENT, INC., one of
Parties of the Second Part
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Presldent
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ATTEST:
Secretary
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DENNIS O. BLACKKETTER
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"SUE ELLEN BLACKKETTER ./
STATE OF MONTANA)
ss.
County of Gallatin)
On this '-'.1 day of _.,' 1.~1?' , 1971, before me,
a notary public for the state of Montana, personally appeared
DON M. LANGOHR, JR. and ERNA V. HARDING, known to me to be the
Mayor and City Clerk, respectively, of the municipal corporation
CITY OF BOZEMAN, that executed th' instrument and acknowledged
to me that such municipal corpor t on execute t same,.
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Not Y Publlc f r the~sttite of Mo~~a~a
Reslding at Bozeman, ~p.ntaria ~ --"" j..: _.. r
My Commission eXPires7:.~:~:.:<~-Z
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STATE OF MONTANA)
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County of Gallatin)
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On this day of Fi{f:i;-'~~ ,1971, before me,
ac7Lary pu, j t~ Ita te ~~d i~~:'~:~,j POr~ic~~~#~~jared ,
known 0 me to be the President and Secretary, respectively,
of the corporation FIVE-C DEVELOPMENT, INC., that executed this
instrument and acknowledged to me that such corporation executed
the same.
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Resldlng at Bozeman, Mon1;...aM "
My Commission expires '~j";j!'l {.-. -'.~ /~,' 7~/
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STATE OF MONTANA)
ss.
County of Gallatin)
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ic for the state of
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own t me to be the Presldent and
of the corporation CHURCH OF CHRIST
this instrument and acknowledged to
executed the same.
, 1971, before me,
personally appeared
Secretary, respectively,
OF BOZEMAN, that executed
me that such corporation
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Nota.r ublicfor thes ate ~ ~ana
Residin~ a~ Bozem~n, Mo~ta~a .
My Commlsslon expues <t/'~o(.'.H' 1t?7/,
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''ST.A..TK OF MONTANA)
ss.
County of Gallatin)
On this qif day of , 1971, before me,
a notary public for the state personally appeared
DENNIS O. BLACKKETTER and SUE ELLEN BLACKKETTER, known to me to
be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
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EXHIBIT "A"
The West Half of the Northwest Quarter of the Southwest Quarter
(Wl/2 NWl/4 SWl/4) of Section Thirteen (l3), Township Two (2)
South, Range Five (5) East, M.P.M., excepting therefrom the
East 208.7 feet of said Wl/2 NWl/4 SWl/4 of Section l3, Twp. 2 S.,
Rge. 5 E., M.P.M., and also excepting therefrom a strip of land
along the West side thereof Twenty-five feet (25') in width
which has heretofore been deeded for road purposes; also,
subject to all rights-of-way for telephone and electric trans-
mission lines, irrigation ditches, and County roads as the
same now exist over and across said property;
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AMENDMENT TO AGREEMENT FOR ANNEXATION
WHEREAS the undersigned made, entered into and executed an
"Agreement for Annexation" with the city of Bozeman on the 9th
day of June, 1971, and
WHEREAS it was the mutual intentions of the city of Bozeman
and the undersigned to provide in said agreement for zoning of
the lands referred to but by an oversight in the preparation of
said agreement such provisions were omitted.
NOW THEREFORE the undersigned as additional consideration
for the privilege of connecting and servicing the property described
in Exhibit "A" with a municipal sewer system of the city of
Bozeman do hereby further covenant that in the development,
subdivision and sale of the lands described in Exhibit "A" attached
to the Agreement for Annexation dated June 9, 1971, between the
city of Bozeman and the undersigned, the undersigned will by
restrictive covenants require that all buildings erected on said
lands comply with the zoning requirement chart in the city of
Bozeman for a Class "B" residential district.
IN WITNESS WHEREOF, the parties to this agreement have
caused these presents to be executed by
Gfficers,this
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CH~~~JrpF CHRIST OF: B~ZEMA~
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FIVE-C DEVELOPMENT, INC.
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ATTEST:
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Secretary
STATE OF MONTANA)
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County of Gallati~
On this IS - day of , 1971, before me,
a not~!y public for the sta Montana, personally appeared
DON ,M~'~t;AN.GOHR, JR., and ERNA V. HARDING, known to me to be the
," '.MEi'y,dr ..gj,nd~'C2J ty Clerk, respectively of the municipal corporation
""CITY QF'BO:Z:EMAN, that executed this . strument and acknowledged
_-;'. .t,v:m~' t:h,at;.'~'su,ch municipal corporat;i:6 executed e ame.
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STATE OF MONTANA)
o ry Publ~c or the State of Montana.
R siding at Bozeman, M~
My commission expires', /~/)?;7ol.
ss.
County of Gallatin)
On this I ~~- day of (] / ...,,__ , 1971, before me, a
notary public for the state ~ ontana, personally appeared
Floyd Reeves and Dennis B1ac etter, known to me t_o be the Vice
President and Secretary, respectively, of the corporation FIVE-C
DEVELOPMENT, INC., that executed this instrument and acknowledged
to me that such corporation executed the same.
'STATE : OF
MONTANA)
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Not~;Y~11c'-fOr ,~r;: S:-fa)-e!6f"~~na.
Residing at Bozeman, Montana. '
My commission expires ,5"t? ,,'d'U / 9#. ,
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," "COt;"n~~;-OI Gallatin)
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\ , On this / 5- day of ~'" "A,..\_VU'" 1971, before me, a
notary public for the state " Montana, personally appeared
Robert J. Hostetter and John' . Heckman, known to me to be the
President and Secretary, respectively, of the corporation CHURCH
OF CHRIST OF BOZEMAN, that executed this instrument and acknowledged
to me that such corporation executed the same.
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No~a~y- " bli~'- fO{' the E;t;e~ ~f(yoffana.
Residing at Bozeman, Montana. '
My commission expires .lS-<:)~1---f'''{.(', / 9' 7"1'.
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STATE OF MONTANA)
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County of Gallatin)
On this (fi;l day of , 1971, before me, a
notary public for the stat personally appeared
DENNIS O. BLACKKETTER and SELLEN BLACKKETTER, known to me to
be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
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State of Montana ~
County of Gallatin r 55.
Filed September 27, 1971
at lO: 10 A. M" and
Recorded in book 1l ______01
MISCELLANEOUS Paoe 992
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CARL L. STUCKY
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J~n.% cler~Cl;,o""-;r, )
By, 'ee--<L1. Il,~~~
Fee $_, -- __~__
Rt: City of Bozeman