HomeMy WebLinkAbout72- Paul R. Carter Agreement
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State of Mont., County of Gallatin. ss Flied for record Fehruary 15 ,'1972
nt-__~2___P. 1\.1., and recorded in Bo('!( 1 '3 .of M.r?:S,GEL,~AN~9 US" page~:l$3
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AGREEMENT
THIS AGREEMENT, Made and entered into this 2nd day of
Februa.ry, 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 PAUL R. CARTER,
a single man, of Bozeman, Montana, 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 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
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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
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 Party of the First Part and upon the heirs, administrators,
succeSSors and assigns of the Party of the Second Part.
IN WITNESS WHEREOF, the Party of the First Part has caused
these presents to be executed and the Party of the Second Part has
set his name the day and year first above written.
CITY OF BOZEMAN, a Municipal
PARTY OF THE FIRST PART: corpbJ,..ti~n .~ C-
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. t ~ Mayor
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PART? OF TH~ 'SECO~D PART:
Paul . Carter
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STATE OF MONTANA )
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County of Gallatin)
February
On this 2nd day of~ 1972, before me, a Notary
Public for the State of Montana, personally appeared WILLIAM E.
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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::u:~'\ / '-l;:: Not~ Pu ll.c for the State of Mont.
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Res ding at Bozeman, Montana. My
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STATE OF MONTANA )
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County of Gallatin)
On this 3/>>- day of January, 1972, before me, a Notary
Public for the State of Montana, personally appeared PAUL R. CARTER,
a single man, of Bozeman, Montana, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same on behalf of the City of Bozeman.
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EXHIBIT "A"
PARCEL 1:
A tract of land in the Southeast Quarter of the Southeast
Quarter <SE1/4 SE1/4) of Section 31, Township 1 South of Range 6
East of the M.P.M., and being more particularly described by the
following metes and bounds, to-wit: Beginning at a point which
bears North 89045' West a distance of 470.5 feet, more or less,
along the South line from the Southeast corner of said Section 31;
thence from said point of beginning and bearing North 2035' West
a distance of 384.33 feet; thence South 89045' East a distance of
128.35 feet; thence South 0003' West a distance of 353.15 feet,
more or less, to a point 30.0 feet'North of the South line of said
Section 31; thence North 89045' West 30.0 feet North and parallel
to said South line, a distance of 82.0 feet; thence South 0003'
West a distance of 30.0 feet to a point on the South line of said
Section 31; thence North 89045' West a distance of 28.52 feet to
the point of beginning, containing one acre more or less.
Subject to a perpetual easement for roadway purposes only
described by metes and bounds as follows, to-wit: Beginning at
a point which bears North 89045' West a distance of 442.0 feet
from the Southeast corner of said Section 31, Township 1 South of
Range 6 East of the M.P.M., thence from said point of beginning,
bearing North 0003' East a distance of 30.0 feet, thence North
2035' West a distance of 222.63 feet; thence South 89045' East a
distance of 91.76 feet; thence North 0003' East a distance of 30.0
feet; thence North 89045' West a distance of 123.18 feet; thence
South 2035' East a distance of 281.35 feet, more or less to a point
on the South line of said Section 31; thence South 89045' East a
distance of 28 feet more or less, to a point of beginning, AND
ALSO; a strip of land 10 feet in width and 141 feet in length,
lying West of, adjacent to and North of the South line of the
above-described tract for the purpose of installing, maintaining or
removing of sewer disposal systems.
PARCEL 2:
All that part of the Northeast Quarter of Section 6, in
Township 2 South, of Range 6 East, M.P.M., lying between the center
line of the County Road and the North line of said quarter section, and
more particularly described as follows: Beginning at a point on the
North line of said quarter section from which point the Northwest
corner of said quarter section bears westerly along said North line
a distance of 706.7 feet; thence Easterly along said North line a
distance of 1534.3 feet; thence South 30 feet, more or less, to the
center of the County Road; thence along the center of the South Road
south 69048' West 449.9 feet; thence North 79047' West 353.6 feet;
thence south 79031' West 441.5 feet; thence North 67030' West 326.1
feet; thence North 20 feet, more or less, to the point of beginning,
tract containing 4.09 acres more or less; also a tract of land in the
South one-half of the Southeast quarter of Section 31, Township 1
South, Range 6 East, of the M.P.M., Gallatin County, Montana, and
being more particularly described by the following metes and bounds,
to-wit: Beginning at a point which bears South 89045' East a dis-
tance of 429.0 feet along the South line of said Section 31 from
the South one-quarter corner; thence North 45000' West, a distance of
121.0 feet to a point 70 feet right when measured at right angles
to a POC Station 28+78.6 of a 7000' curve right, having a radius of
818.6 feet, on a center angle of 60037' right of the Bridger Canyon
Road as now laid out and constructed; thence North 52020' East along
the Southeasterly right of way, 70 feet right and parallel to the
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center line of said Bridger Canyon Road a distance of 731.7 feet;
thence South 37040' East a distance of 370.4 feet; thence North
81038 ' East a distance of 990.0 feet; thence South 2035' East a
distance of 384.3 feet to a point on the South line of said Section
31; thence North 89045' West a distance of 1722.3 feet more or less,
to the point of beginning, containing 18.13 acres more or less.
PARCEL 3:
All that part of the Northeast Quarter of Section 6, Township
2 South, of Range 6 East, of the M.P.M., within the fallowing metes
and bounds, to-wit: Running a traverse line from the North one-quarter
corner of said Section 6, Township 2 South, Range 6 East, bearing
South 89045' East, 706.7 feet; thence South 67030' Ea s t , 326 . 1 feet;
thence North 79031' East 441.5 feet; thence South 79047' East 200.0
feet to the point of beginning; thence due South 732.4 feet; thence
due West 132.4 feet; thence due South 867.4 feet; thence due East
384.6 feet to a point on the Northwesterly right of way line of the
Story Mill Spur of the Northern Pacific Railway; thence North 38057'
East along the Northwesterly right of way line a distance of 586.0
feet; thence North 12042' East 572.2 feet; thence North 80019' West
290.1 feet; thence North 30022' West 609.4 feet to the center of
the County Road; thence North 79047' West along the center line of
tre County Road a distance of 153.4 feet to the point of beginning;
together with five (5) inches of the water out of Bozeman Creek,
appropriated in 1866 and decreed 1896 to Tracy and Nelson Story in
the suit of W. H. Tracy and Nelson Story vs. Allsworth and Edsall,
together with right of way for ditch to convey said water to and upon
the land hereby conveyed from Sour Dough or Bozeman Creek, through
and across the other lands formerly owned by the predecessors in
interest of the grantor, in the course as now laid out and constructed;
situated in the County of Gallatin, State of Montana.
TOGETHER WITH A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A tract of land in the Southeast Quarter of the Southeast
Quarter of Section 31, Township 1 South, Range 6 East of the M.P.M.,
and being more particularly described by the fOllowing metes and
bounds, to-wit: Beginning at a point which bears North 89045' West,
a distance of 470.5 feet more or less, along the south line from the
southeast corner of said Section 31; thence from said point of beginn-
ing and bearing North 2035' West a distance of 384.33 feet; thence
South 89045' East a distance of 128.35 feet; thence South 0003' West
a distance of 353.15 feet, more or less, to a point 30.0 feet North
of the South line of said Section 31; thence North 89045' West, 30.0
feet North and parallel to said South line a distance of 82.0 feet;
thence South 0003' West a distance of 30.0 feet to a point on the
south line of said Section 31; thence North 89045' West a distance
of 28.52 feet to the point of beginning containing one acre, more or
less.
Subject to a perpetual easement for roadway purposes only des-
cribed by metes and bounds as follows, to-wit: Beginning at a point
which bears North 89045' West a distance of 442.0 feet from the
southeast corner of said Section 31, Township 1 South, Range 6 East,
of the M.P.M.; thence from said point of beginning, bearing North
0003' East a distance of 30.0 feet; thence North 2035' West a distance
of 222.63 feet; thence South 89045' East a distance of 91.76 feet;
thence North 0003' East a distance of 30.0 feet; thence North 89045'
West a distance of 123.18 feet; thence South 2035' East a distance
of 281.35 feet, more or less to a point on the south line of said
Section 31; thence South 89045' East a distance of 28 feet, more or
less, to the point of beginning, AND ALSO a strip of land 10 feet in
width and 141 feet in length, lying West of and adjacent to and north
of the south line of the above-described tract for the purpose of
installing, maintaining or removing of sewer disposal systems.
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