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HomeMy WebLinkAbout73- Grundkowski, Martha Agreement " , , \ r l\'~ oJ. ~ + .", .~": .s,... !'~ '1. a40 ., \,. AGREEMENT THIS AGREEMENT, made and entered into this 12th day of February, 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 MARTHA GRUNDKOWSKI, 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 as follows: A tract of land in the Northeast One-Quarter of Section Six, Township Two South, Range Six East, Montana Princi- pal Meridian, Gallatin County, Montana, and described as follows: Beginning at a point 1727.10 feet South and 30.00 feet East of the North One-Quarter corner of said Section Six. Said point being on the East right- of -way of Bridger Drive. Thence North 88037'58" East, a distance of 1874.21 feet. Thence South 38049'13" West, a distance of 932.25 feet to the East line of the West One-Half of said North- east One-Quarter. Thence South 00013'16" East, along said East line, a distance of 16.03 feet. Thence South 38049'13" West, a distance of 223.2l feet to Station 1680+63.40 on the Northerly right-of-way of Interstate Highway 1 1G 90-6 (1) 303. Thence Northwesterly along said right-of-way, on a One Degree curve having a centerline radius of 5730.00 feet thru a center angle of 1030'00" to PC Station l679+09.20. Thence, continuing along said right-of-way, North 70048'55" West, a distance of 569.08 feet. Thence North, a distance of 405.32 feet. Thence South 88042'00" West, a distance of 467.09 feet to the East right-of-way of Bridger Drive. T~ence North, along said East right-of-way, a distance of 237.30 feet to the point of beginning. ","".;... r ; L :~ :t~'" I',^~f ~~41 '. Said tract being 22.004 acres, along with and subject to any existing easements. 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 provisions and authority given by Section ll-lOOl, R.C.M., 1947, and as amended hy the 1971 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, THERBFORE, 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, including 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. 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 - 2 - , . flu~ :t.:; 'f'~,r~f 'iA' , t;I',,4, , . , . " 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 the city of Bozeman and subject to the approval of its 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 annexation of the real property herein described into the incorpaated 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 or BOZEMAN, a Municipal Corporation , PARTY OF THE FIRST PART: By ......-.~ 1/ "'~'..", L; / / (:<-,/ /', r?' .:--?--L-t:./Cy? C?5 c ~ ,/, ,-~, / ,,-J h-<:/ Clerk PARTY OF THE SECOND PART: -'-'7}t"t>t,i~ti-t'L _/:-JI-t-e-'1Jt'(;/E~-1't:A~'l_IbJ' MARTHA GRUNDKOWSKI STATE OF MONTANA) S5. County of Callatin) On th is 26th 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 person", w}lOse names are subscribed to the ~nthln instrument and acknowledged to me that they city of Bozeman. 'L, : \ \". I:) t. ,l" ....... If' ~~::>..~ P~f~~..,.(' ::--- . ~'J I,'" ~ ,0 ........ f '~, ') ".~,J/;, ',,' 11:;'::1\,1:,:: '""="'t : -k '~'i"';li S Eo P. \. : .<!' ".~:~:::~:';"~),fl'" _ ' ' <~~; : I"/,~~"".~",~'''''.. ~'. '. ,,(: or' - 3 - " ~, . .. f IL.M Ib ~\,Mt.E 343 ' . STATE OF MONTANA) 55. County of Gallatin) On this I" day of February, 1972t hefore met a Notary Public for the state of Montanat personally appeared MARTHA GRUNDKOWSKlt known to me to he the person whose name is sub- scribed to the within instrument and acknowledged to me that she execul~~~ . , . . I . : ~.: . . . '. ~ ",,-' ~. . I' ',.: . .,' .' '1 AIL, .,:-...'. .c oj <tI' . , ',' ,",j;,,,. ("f . it-('". ... ':"" till.. , 4.. ~~; .....:..'..~_.. ,_0' 11.. '.".,,' .1, ' 't." ,,' ." . l~ _'I. 'J ~" <',I '~'? ,~.-~ r.:;1 ~:,... . . - "~', ....,. ' State of Mont., County of Sanatln. S8 meet for r.:oril August 2 , "1'972 at 12 :20 PM., and recorded in Book 15 of Miscellaneous pag~fl:_q_ C~l-L.-S.tucky_____...,__ Recorc~er. BY_Wz-.. )1/. l60:ih?2~f/ DPF'/Afj Rt. City of Bozeman Fee: None - 4 -