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HomeMy WebLinkAbout72- Montana Industrial Development Corp. Agreement '.' Rt t City of Bozeman INDEXED n,.... · . " r J "',"" '(.'~-"'-"'. ,~ri--.",""".",,,~-~,,,..? 1'-". .. ,.' 8" 8' , .. .' "'" ,... . _ /, l I .' c- ,i ' ,. "".".:;;.,. PLAlfED i:....i 1,_:", '.J ,'",t: ..... State of Mont., County of Gallatin. 55 Filed for record February 15 , J'd72 aL_.~~~O J:~M" and recorded in Boo!( ..J:.L-of . MISCELLANEOUS page~8 CARL L. STUCKY Recorcer. BY;;:t:"'<.....zt-~'t1 I~~'''-~~{:'===-oeouty , AGREEMENT THIS AGREEMENT, Made and entered into this 2nd 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 MONTANA INDUSTRIAL DEVELOPMENT CORPORATION, a Montana Corporation, 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 Southeast One-Quarter of 'the Southeast One-Quarter (SE 1/4 SE 1/4) of Section Thirty-One (31), Township One (1) South, Range Six (6) East, Montana Principal Meridian, Gallatin County, Montana, and described as follows: Beginning at a point on the westerly right of way of the Chicago, Milwaukee, St. Paul and Pacific Railway Companyts Menard Branch, which point is North 01030'09" West on and along the East line of Section Thirty-One (31), a distance of 385.83 feet and South 88033t39" West, a distance of 126. 05 feet from the Southeast corner of Section Thirty-One (31). Thence South 88033'39" West, a distance of 361. 7 9 feet. Thence South 89090t35" West, a distance of 988.64 feet. Thence North 39011'06" West, a distance of 379.60 feet to a point on the Southerly right of way of the Bridger Canyon Road as now 1ayed out and constructed, which point is 70.0 feet southerly when measured at right angles to highway center line station 36+10.24. Thence North 50046'42" East on a bearing which equals North 50050tOO" East highway bearing, a distance of 234.16 feet to a point 70.0 feet southerly when measured at right angles to the point of curve station 38+44.4 back equalS 37+ 43.8 ahead. Thence on and along the right of way curve to the right, having a radius of 1076.0 feet and through a central angle of 39008t18", a distance of 735.01 feet to the point of tangent, which point is 70.0 feet southerly when measured at right angles to centerline P.T. Station 45+25.5. . '. .. . ..' ... . . :-1 f I_!~ 1'''' i89 , -q. . (, ~ ~~..) t" f'\ \J t Thence North 89055'00" East on and along the Southerly right of way, 70.0 feet South and parallel to the centerline of the Bridger Canyon Road, a distance of 698.40 feet to a point on the West right of way of the Chicago, Milwaukee, St. Paul and Pacific Railway Company's Menard Branch. Thence South 01029'36" East, on and along the railroad right of way, a distance of 388.92 feet to a point 50.0 feet West when measured at right angles to the railway point of curve station 1200+71.90. Thence along the curve to the left, having a radius of 1482.5 feet and through a central angle of 04033'46", a distance of 118.05 feet to the point of beginning, containing 17.960 acres. 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 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 there- with, 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: 1. 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. 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 con- struction 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 - 2 - ~ . . ~ " .'i' . , . f ,~;~ 1...a F~.GE 190 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. 3. 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 incorpor- ated limits of the City of Bozeman. This agreement is hereby made binding upon the successors 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 corpo ation PARTY OF THE FIRST PART: By ,........ . " ^, . /,( :;%r~ ' " '" " ~ ~ r:~it~ .' -' C er .:" ,~,. .~', MONTANA INDUSTRIAL DEVELOPMENT CORPORATION, a ron~a/r.rpt;rra}..lOfi ,; . ( . l ;< . / PARTY OF THE SECOND PART: By )( C"I.).(7.",I\ l\j {')./' ,,[ ((I ",. . , ,. " I . '-' ( esident / ~"'''''lil ~ . "'. 'l"" . '" ? ~,' :'.- ',' ti~~ STATE OF MONTANA ) .,:~ .,.:;- "'. '<(~", . ss .o~. .';' ""~' ;" -,.';-. . . ~. :"', .;",:.;lo...~ .,~~ C t f G 11 t' ) -.,. .(", "" ," - oun y 0 a a ~n >. ;'Cl,~ ....;.-..<) c": ':i ~ ~; ~ .C: I., ," j...... ~: f'''' ~~ On this 2nd day of February, 1972, before me, .:~~ ifof;j~ ~~/ :'.' -"~ ", }~ ~ .... Public for the State of Montana, personally appeared WILLINhj::;." .., \.,,, ~ ',~' ( \t:'"~ '1:" ,:.r GRABOW, 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. , \ " i , l \ I I ~ II , 1 , J 1.,\ ~ "/;/ ....\\V ,>. /,}.f ~...,~ .. 'J '., I"){'" ......... , ,..1,""10"" ~~."'~ :-~,~"';.. ota u ... '\ ; R' . ~., " '- 0 "",/. ',,..l,-;' Man ana. Residing at Bozeman, .-..:.,\ 1/., : ';'~ ":--: ..!" ..-.:::l : ~ Montana.~~ commission expires ,: ... . ; .~ '. SEt L .. : .~ {~ ~\.'" ,.. .: 'fv..fr /f"'/~7.:l . ~;. ~.~ '.". .,4" ...:... ".:.~ ....... \ l"..... ... lit ~.. ~. --"\"".' ~/~j~1 (: C F-' l~ ~ ~\ \1....... 7/, j I J /111 . ~ t I'" \ \'~' - 3 - .. . ~'. . ... . . .. , . .. ,. I' ," r ._,; 13 rfGt 191 STATE OF MONTANA ) : 55. County of Gallatin) On this day of February, 1972, before me, a Notary Public for the State of Montana, personally appeared DELBROOK LICHTENBERG and JOSEPH W. SABOL , President and Secretary, respectively of MONTANA INDUSTRIAL DEVELOPMENT CORPORA- TION, a Montana corporation, 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 said corporation. ,rl ij /ll / / \....--//{ . ! ''''-1),/ i ," ':' ' ;,://1, (/l~:}). ~ i-.::.....s..~ c ///J// {fA' V ./ '\ A !f ,.....<'" Notary Publl.c for t e tate of .., /~, I.,"" Montana. Residing atlIiozeman, :: ~ ~..,,, .. q "'!\ Montana. My commissi'dh expires A \ .0",. ,.;-. '\;~ .: ~ April 5, 1972 <'" '. 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