HomeMy WebLinkAbout06- Eva A. Lachenmaier Revocable Trust
AGREEMENT ....:-
5"~ J ul1e
This agreement made and entered into this. day of~ 2006, by and between
the CITY OF BOZEMAN (hereinafter the City) with offices at 411 ~ast Main, Bozeman,
Montana and Eva A. Lachenmaier Revocable Trust (hereinafter property owner) whose
mailing address is P.O. Box 1993, Bozeman, Montana 59771-1993.
RECIT ALS
WHEREAS the property owner owns certain real property adjacent to Durston Road in
the City of Bozeman, and
WHEREAS, the City desires to construct certain improvements including widening
Durston Road, installing sidewalks and constructing, replacing, maintaining or repairing water
and sewer mains; and
WHEREAS, the property owner desires to install a water service and sanitary sewer
service to 2752 Durston Road preparatory to future development of the property; and
WHEREAS, it is mutually beneficial for the water service and sanitary sewer service
located within the right-of-way to be constructed prior to completion of the Durston Road
improvements project,
NOW THEREFORE in consideration of the mutual promises and covenants contained
herei~ the parties mutually promise and covenant as follows:
1. In consideration of the specific agreements to be performed by both parties as set
forth in this agreement, property owner agrees to install, per City Standards, one I-inch water
service and one 4-inch sanitary sewer service located within the Durston Road right-of-way to
the proposed western lot at 2752 Durston Road not later than May 26, 2006. The property owner
agrees to coordinate this work with City's contractor for the Durston Road improvements.
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2. The property owner agrees to submit a subdivision pre-application not later than May
22, 2006. Should the City approve a preliminary plat, the property owner shall comply with all
requirements of approval and present the fmal plat to the City for approval not later than
December 31,2006. The property owner agrees to remove the services if they are not used with
the future development ofthe property.
3. In addition, the property owner agrees to install a water line into the existing residence
within 90 days of signing this agreement per Bozeman Municipal Code 13.12.324, Paragraph C
and to pay the associated impact and any other fees. The Water/Sewer Superintendent shall be
contacted and an application for service submitted prior to installation ofthe water line.
4. All terms ofthis agreement shall be binding upon and inure to the benefit of, and be
enforceable by the heirs, assigns and personal representatives ofthe parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year as written below.
PROPERTY OWNER:
R tllfv)&~A~/f)~ oS lIe;! /ot
R. N. L c enrnaler, Trustee (bate) ,
Eva A. Lachenmaicr Revocable Trust
THE CITY OF BOZEMAN
By:~Ii.~ lj1o~
Chris Kukulski, City Manager (Dat~)
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