HomeMy WebLinkAbout78- Schaefer Improvements Agreement
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,. FILM 44 fAGE 1980
This Agreement made and entered into this /3 day o~, 1978, by and
between Gary Schaefer, hereinafter called the Subdivider, and the City of Bozeman,
County of Gallatin, State of Montana, acting by and through the Director of Public
Service for .the City of Bozeman, hereinafter called the Director.
WHEREAS, subdivisions are subject to the provisions of Title 11, Chapter 38,
Section 3859 through 3876, Revised Codes of Montana, 1947, said provisions being
known as the "Montana Subdivision and Platting Act", hereinafter referred to as the
Act; and,
WHEREAS, the Governing B0dies (defined in part by the Act as the Board of
City Commissioners) adopt and provide for the enforcement of subdivision regula-
tions; and,
WHEREAS, the Governing Body of Bozeman, Montana, being the Board of City
Commissioners, has adopted a body of ordinances entitled "Bozeman Area Subdivision
Regulations" hereinafter referred to as the Regulations; and,
WHEREAS, the Regulations provide that:
a. One of the conditions which must precede approval of the final plat by
the Director is an approved guarantee of completion of public improvements which are
described and provided for in the Subdivision Plat.
b. There are various alternative methods of effecting the necessary and
prerequisite guarantees. These methods are set out in Appendix "c" of the Regula-
tions and one such method herein described is a written agreement between the
Subdivider and the Director; and,
WHEREAS, it is the intent and purpose of both Subdivider and the Director to
hereby enter into an agreement which will guarantee the full and satisfactory
completion of all public improvements within the subdivision hereinafter described
and by this agreement to satisfy the public improvement guarantee conditions for
final plat approval.
THEREFORE, it is convenanted and agreed as follows:
This agreement pertains to and includes that proposed subdivision which is
designated and identified as Amended Plat of Lot 22 of the Gordon Mandeville State
School Subdivision.
This agreement specifically includes, but is not limited to streets, signing,
storm drainage, curbing, sewer and water improvements within the proposed subdivision.
The Subdivider hereby agrees to a waiver of protest for the creation of Special
Improvement Districts for, the construction of the following described improvements,
and in this connection, petitions the City of Bozeman to create Special Improvement
Districts for the construction of said improvements.
Required improvements include: sewer, water, storm drainage, and streets (to
include paving and signing). All improvements shall be constructed to City of
Bozeman Standards at the time of construction and shall be completed per the
following time schedule:
a. That no building permit shall be issued for building on any lot in the
subdivision until the street is improved to a minimum gravel standard to the
satisfaction 0f the City Engineer or unless otherwise agreed to by the City Engineer.
b. That required street constructionto include paving in the subdivision be
installed at a time determined by the City Engineer. (Current policy is to allow
settlement of utility trenches before paving.)
c. That water improvements are installed as soon as the main water trunk line
is available.
.
. Performance by the Subdivider of th~ covenants set out in this agreement and ,
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· in conformance with the time schedule set forth in this agreement is the essence
FILM 44 fACE" 1981
of this agreement.
In consideration of the covenants and acts of the Subdivider, the Director
does hereby agree that the public improvement guarantee provision has been satisfied
for Amended Plat of Lot 22 of the Gordon Mandeville State School Subdivision, which
is the subject of this agreement, provided that nothing herein shall be construed to
be final plat approval or assurance of final plat approval.
This agreement shall inure to the benefit of and be binding upon any successors
in interest, heirs, or assignees.
IN WITNESS WHEREOF, the parties to this agreement have executed the same on
the day and year first above written:
SUBDIVIDER
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GARY HAEFER
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SERVICE
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51.272
State of Montana ~
County of Gallatin f 55.
Filed ,Tn1y 14 , 19 78
at 9 : 35 A M., and
Recorded in book 4L~ __,,_of
MISCELLANEOUS Page 1980
Ca,1 ~: Stu.c."!J__ -
~ County Clerk &.:::..:l..----;-
By i.A/J /?l~ y~
Deputy
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Rt: City of Bozeman