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Home My WebLink About72- Midland Terminal, Inc. Agreement ,,_.,... ...' \ ...' Rt: City of Bozeman ,clEX[Q 1 ,'.::\ ,:, ~. ' 8'"', . . \: . t ij.' 'ri<fi' ,,}: l>i '}, " . ,,: ':' ~,:'I:'l'. t ,~,~ . ".i\rTED ...'it-.\',J . ":I~ ~ t,. ...:<~ ."0,:.,,,.,1 S rnh" (I.~ 1'.1ont., County of Gallatin. 55 Filed for record February 15 ,19 72 Slt~_JO P . r,1., and recorded in Book 13 of .MISCELLAN~9US page---1.8O CARL L. STUCKY .~Recorder . BY,~,,,,,,,</~ a ?-fC'c!/(--c;~' Denuty -~~.,- '" ' AGREEMENT - THIS Jl..GREEMENT, Hade and entered into this 9th day of February, 1972, by and between the CITY OF' BOZEMAN, a ]\1unicipal corpor- ation, organized under the laws of the State of Montana, hereinafter called the Party of the First Part, and~1.IDLAND TE'IDHNl\L, INC. , 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 cer- tain 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 located in the Northeast Quarter of Section 6, Township 2 South, Range 6 East, M.P.M., more particularly described as follows: Beginning at a point on the Hest line of the NEJ.;, Section 6, Township 2 South, Hange 6 East, said point being 859.7 feet South of the North quarter corner of said Section 6 and 1781. 9 feet north of the Center of said Section 6, thence from said point of beginning and in an Easterly Direction at a bearing of North 88042' East and parallel to the South line of said NE~ a distance of 400.0 fee t; thence in a due South direction and parallel to the West line of the NE!,r, Section 6, a distance of 165.0 feet; thence in a westerly direction and at a bearing of South 89050' West a distance of 399.8 feet, more or less to a point on the West line of said NE!,r, said point being 1015.2 feet South of the North quarter corner of said Section 6 , and 1626.4 feet North of the center of said Section 6; thence in a Northerly direction along the West line of said NE~ a distance of 155.5 feet to the point of beginning, said tract con- taining 1. 47 acres, more or less. WHEREAS, the Party of the Second Part has petitioned the city of Bozeman for permission to connect the Droperty 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 - "';1' . . . . . 181 . t l~~ i'1r" 101 ~'~..Jt , WHEREAS, the Party of the Second Part agrees to pay all fees and costs required by the City of Bozeman in connection there- wi th, 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 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. - 2 - . It -~.". . . . . 1" .. . . 1 Q :; ,- I'd....:~~ ,) ;~:)" . CJ4I IN WITNESS WHEHF.OF, the parties have caused these presents to be executed the day and year first above written. C.ITY~~ B0ZEMAN, a Municipal ::rpuJ~~~ Mayor " lJ , ""'1 ('".:.~ .' .~~ _ ., ~ \ \ ~ "/..4~ . ~-"'i~''') It ~''',_. ,.~ "~ \" .... ".1 " Clerk ~tCCiitY omml.S on ....' 7\ t....'t- '"~~~''' 'J . ~ ~;~..,'~~""" ",.., tIIo; ,t ~ ~...-.~" ~~ I ":>. "1 ~, .~. ... \,'- l,'':'' 0,. " PARTY OF THE .P'IRST PPRT r...J .~,.,) ._'" ( ''''''1''.. , ...,J ~~_... " J . ; ;,..~ r' -1 ,.." rvIontana , ';.I'~ ~ '~~J ;.. ~;;;. '. , ~. .. ., . . 0 ..-'... ."01, (:,"'c;~ ~ : ,,' ., , .. .. Ii r \\ , . ".' .. " ,:,( iJ ,'I 't \'. . - ...,. ( ;: ,,',-- ,"" ... " , ,','~ ",,,,,..."""~p l\TTEST: ...... ...'_' .... ,.."I. . ...... {~ "~:,' (/'''' //,/ /';/ ~ ~' .',', /1 ~i . j {:~,', ({ , .. Its Secretary -. ,--,--- PARTY OF THE SECOND PART STATE OF MONTANA ) : ss. County of Gallatin) On this 9th day of February, 1972, before me, a Notary Public for the State of Hontana, personal1v anneared WILLIAM F. GRABOW, Mayor, and ERNA V. Hl\RDINC, Clerk, knmm to me to be the persons whose names are subscribed to the within instrument and ackno~~,~~~,;d to me that they executenv:i' the same on behalf of the ",.' "', ;/ /7 .\\' f~ 1,/, . ,/ / . '.' "",/ CJ,t.Y:)'&"SO~~. ... // /' ~ " , " y .... ,. " ,; ~\.~" .' ,.. r- 'N ~ ~ ' ~/ / ._ ,,~ o,f,.,I.. ',,~~ /~rn/ ;(:a:~ ,.;. ,. -,( '--l~ _~ -. ' ~ t:;;.o-:-' --,1 ~,,~ N~ry Public tor the State of Montana :, ' , .' : Resldlng at Bozeman, I'?:t,ana (~OT.' .~~i:~t-,\ ~,F.~l My Commission expires: ,/ J /.j; /97~ ':', -'1';" ........' ,\,\~" "',' 01:" Y tl' ,.' 'J'll, i . \\,\\' "!.-l1.,41H!'" STATE UJ:' J:-10NTANA ) : S s . County of Yellowstone) On this ~~ day of February, 1972, before me, the under- signed, a Notary Public for the State of Montana, personally appeared KATHERINE P. MITCHELL, known to me to be the President of the corpor- ation that executed the within instrument and acknowledged to me that such corDoration executed the same. "'~""lil NokJry Public fOI" \'hll State of Man ~~~Y A'III" t\\ .. .~ R~idlng In Billings, Montono .~ ,........../. I..,.. .....-A:J~ \r\ :~N\".x. My Commialon ex.pintl CXt 12, 191 ,,/-:".*/'~\C1A ...,.~~.:~ Not<;1ry b1ic. fo:: the State of Montana ,~ 0,: l?r ...~: Resldlng at Bl1l1ngs, Montana. (Nq~t3}(~!':A~},", ~ My Commission expires L~~Y-'S:, 1974 c, ",. "'01: .l;' . fI. ' /,..,,/1;..., be r J 2 '..""', ~.: : L ,..., "" (.' ". /- . , 0' . ,,"( , ~ "I JI ~ lo." .'" f:" .,..... "'''. ,,,' ,.. ", ~1 0 i'~\ r ..' ., ""'.".i../lt'fl II '\ \~I"\. __ 3 _ 'dI;IIJ"pd\1