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Home My WebLink About78- Maxey, LTD Agreement ~ ~ ',' . . , - " fiLM 42 r~('E 1725 AGREEMENT THIS AGREEMENT, made and entered into this 15th day of March, 1978, 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 MAXEY, L.T.D. , 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 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 provisions 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: L 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 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. , i .. fiLM 42 PACE1726 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 request 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: _ " ~' /; / ' C " ~' ,/ J:' / '" . ,/,'" /-,-,- ",' By: I:. ~ ;/ "'.,.,~ "-" .> 1.1'''' /' \- >;;:; ,~..+4~? ~Lt t. c. _ :.: ' J ~ ~... ....;".." ~ .... ,f' :' .., Mayor --'--'-"_ '.. '7". .~~." ~~. .'~~,,(" :t.~) , ,'" , l"~ ,;; ,'j., :'~" ,/., ,,/ ....,. , "'-. - " :,~ ~j '", _'-t':.' j"" . , ~ .. v.:,;J ,:'( (/ ~ "",/ it '-t.,~ c"(c>,,;/ ,,- ~..... '. I /' : .--.-- ~-.'_ Clerk /' ;- ~. ~~- /" " II ~ ..ri, ."'\ ,~~ '~'~,.~.~ ". A ~. P ARTY OF THE SECOND PART:. . . . fiLM 42 PAGE 1727 STATE OF MONTANA ) : ss. County of Gallatin ) On this 16th day of March , 1978, 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 of Bozeman. ,"' U .'1 'It.1.... ., '/ , .J ',f 1" " ... .,~. r.! t ' , . .:. Nota ub1ic for the St of Montana r-- ---"J'""'IlM" .., ,~ ' ~ .,2- ..: ,,~ , ' Residing at Bozeman, M~~ana '" . .'~J "^'. ~--I 'I If" /9~1 ...A' ,~" My Commission expires ~~ ...,. ~ .., i,' -. .. 0 ..' ,., r' I'IIr ~ ~ ~ .. ' ,.- ......0.' ...-- STATE OF MONTANA ) : S8. County of Gallatin ) On this /t,..;{, day of ~L , 1978, before me, a Notary Public for the State of Montana, personally appeared MARGARET CAMPBELL for MAXEY, L.T.D" known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. .~ , J. 't, . ~ f')'1 ~ \ I \.. '...') L blic for the Sta of Montana r:!'~ Residing at Bozeman, Mo P ., . ' .. J My Commission expires 9?/ ;",';,/1 ~. ..,i>~ \ ,J ~.;,; -, { ;. .^' . !' \' .fF'rtJ. .~ ~,,~~."t -\~" \,' .' . .. . . . filM 42 PAGE1728 EXHIBIT "A" Description A tract of land consisting of the South 83.77 feet of Block 8 of the Stevens Subdivision as recorded on Film 1, Page 144, at the Gallatin County Clerk and Recorders Office. SEE ANNEXATION MAP ATTACHED: ....--- INDEXED I 47211 PLATTED I i "'. . 1978 P .:-M., and Fee $ -9- Rt: City of Bozeman ~ , .' ~ . ... . . . . " '. I I 1 Feb. 1 , Lnb TO: 'I'h e Mayor, City commiseioncrs and the Ci t~r man2.ger liI: : Maxey Townhouses, North Seventeenth Avenue, Bequest for I ~nnexation waiver j For thor3e who believe v;e rmlf-;t all sucrifice a little for com:nunity expLmsion, we Drf~u (' tlw t the people on North Seventeenth Avenue have nlreadv f.,acri fi c eel or teen sacrificed. The City Commir.3sions decj r~ion to approve the trniler park on the north end of our strcut has changed the fL! ce of the neiphborhood forever clnc1 trnffic which was once rnini:nal is now a daily problem - ((nel often a lFlz~',Clrd. No v, we Ip~lrn tllat b c c :::~ w) e 0 fit ~" f; tutw-.; as ~3_ :ninor l'LiI.;, lLe :\::.JXcy To,,\'nllouf3c project ( tv,o hnldings, :~even uni tr3) have l'ccci ved pre] l ~nj nfOry D cprovcll ('y the rlanninf ~epurtment and llnldinr Der:rli t~~ wi thout any public review or com..'11ent and with- ',)1). t :~r.J con;~l (~crution of trLJ.ffic ilnp;::~ct. ['1 C:l ~.~ (' conf:;i der the following: , North l'1th only D feet Y'Iide ." l:3 .j( L t 11::Jf) nei ther curbs, ~utters nor sidewalks )( Du r i n r: t i ill (; :; of ;:;nov; "nel mud (i1uch of the year) the rOG.d 1 ~ ; ;~ll:; red t"'" C:J r:, , t I'u c 1-:: L; , Dcde:3tri[;n:,; , bicycler., , motorcycles and .' .iO!'{"Ct'f; ;;lil\c. * r:urinr the [ochool mon th~, , the ~) tre et i:J crowded twice cli"ily wi.th ]0-)0 school children who walk on 17th to Durston to eLl tell the l.u f' , n t clpproximc.tely the f)[1mC time fUJ people who [lrC drivinr; to 'f! () r k . ~ North ['7th 1 r' the :::anglc acce:;.~~j to a GO-uni t tr8i1er park u.n cl 30 :3irWLc' [umily unit homeD. It is also the secondary ~j c c e ~ :; ~.) to :i '10 uni t trailer court. Other :~cceGr:;e~, Queh as OUl\ ::::nd l.<)th :,['0 :i.t len;3t ten Y e D.rr.., [: WilY. ., ~ ~ lJ~;lnr: tl:o~3C hou;; ing uni t fit:ul'c~j , the Planning department indicuter, th;::,t the street curl~e~ hN AVERAGE OF 1100 Vlli~ICLE '1':([VS PLH Ot, Y . ~ The rlL-,llllinr dCf](c,rtmcnt cl.lr;o i n cl i c :.~ t c ~; th::lt e_' street of theJ t tj 1 ~.~ E: ~ ; 11 0 l1L d n:11y t,p expccted to C':1rry fro::1 200 to 1,000 i\ J IT t ~-~ . 1 1 . .... " .. . . ., " page 2 /, , -j(. And of greatest importance at least in the ~_;hort run, 'rhe Waxey pro.lect will add ANO'rHEH 70 ADT's 'ro /, ROAD WHICH '" is 3lready carrying more than its maximum. ~.Jeventeenth avenue does not have a neighborhood group to protest such traffic increases, indeed there was hardly time to form one between last week and thio, but perhnn~ the figures will speak for themselves and neighborhood pressure groups need not always be necessary. PLEf\;3E DELA Y any decision on annexation wai vcrs until a ! thorough study of the traffic impacts is completed and until people who live in the area are asked their feelings on the I I added traffic. It is our hope that a study will convince you to stop any more multiple residential growth on 17th A'r LEA~:;T until 19th is extended north to Oak. Additionally we should think - you would v,Fmt such a traffic study completed before deciding on proposed expansions in the Covered Wagon Trailer Park. -< ) ,--~.:', ( I . /, . , .~ I '..... '" i """"-,, , . . I . ,. . - Tom and ~arl1yn Wessel 714 North Seventeenth Bozeman, LTontana 59715