HomeMy WebLinkAbout72- Montana Industrial Development Corp. Agreement
'.' Rt t City of Bozeman INDEXED n,.... · .
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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
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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.
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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
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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
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CORPORATION, a ron~a/r.rpt;rra}..lOfi
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PARTY OF THE SECOND PART: By )( C"I.).(7.",I\ l\j {')./' ,,[ ((I
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STATE OF MONTANA ) .,:~ .,.:;- "'. '<(~",
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On this 2nd day of February, 1972, before me, .:~~ ifof;j~ ~~/ :'.'
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Public for the State of Montana, personally appeared WILLINhj::;." .., \.,,,
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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.
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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.
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.., /~, I.,"" Montana. Residing atlIiozeman,
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A \ .0",. ,.;-. '\;~ .: ~ April 5, 1972
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