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HomeMy WebLinkAbout80- Gary, Roemhild Agreement . 4loo, . . \ ~ '. " FILM 59pwE 510 A G R E E MEN T , THIS AGREEMENT, made and entered into this 22nd day of October. , 198_9_, by and between the CITY OF BOZEMAN, a municipal corporation, organ- ized under the laws of the State of Montana, hereinafter called the Party of the First Part, and Joseph B, & Margaret R. Gary, George R. ~ Mary S. Roemhild, hereinafter called the Party of the Second Part. WIT N E SSE T H : WHEREAS, the Parties 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 Exhi bi t IIAII attached hereto and by reference made a part rhereof. WHEREAS, the Party of the Second Part has petitioned the City of Bozeman for permission to connect the property described herein with the existing water lines of the City of Bozeman at the point to which said lines have been presently extended, pursuant to the provisions and author- ity given by Section 11-1001, R.C.M., 1947, and as amended by the 1974 Legislative Assembly, and; WHEREAS, the Paries of the Second Part agree to pay all fees and costs required by the City of Bozeman in connection therewith, and fur- ther 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 Parties of the Second Part may at any time hereafter con- nect the above described tract of land, including the imporvements in place thereon or hereafter constructed with the existing water lines of the City of Bozeman, Montana, at the point to which said lines have been presently extended. 2. It shall be and is hereby agreed that the Party of the First Part being the City of Bozeman, Montana, shall have full and final control on the connection of water lines to the City's water mains. The Party of the Second Part hereby agrees to pay any and such fees as imposed by the City of Bozeman for providing such water. _. .__........_ n__.__.__ , " " .. FILM 59 PAGE 511 .' 3. In consideration of the permission hereby granted to connect with the existing water 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 construction costs and charges incurred in the excavation for said water lines and the pipe and materials. includ- ing the laying thereof. used to connect the property herein described with the water 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 a professional engineer licensed in the State of Montana and approved by the Bozeman City Engineer, 4. 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 incorporated limits of the City of Bozeman, THIS AGREEMENT is hereby made binding upon the successors and assigns 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 Munici al Corporation PARTY OF THE FIRST PART: h \Vt: . /' i ''<''(_'- By ,/ tW./ . .. _ ' ,"',j~,- Mayor {,Z . ""',t->.. . ..... .;J _..:.'..!"'::;.... ,.~~~,., ..<)"~ ~>.. i' ,..,. ..<,\,: cf / ;"~} '{P'ice // ~ :"..'. fZ..,~~...~..:d.~.'~i~..<1 ~....' t\. K/--?t'?<-/;f' V'al"":{... ,,' ," · un'-:~ . ---,,:~.,< ~\ , ")'I~C;.,:,j,-::.-:.ii:!~) Clerk . --.'" .,;;~. :-4~':!"'~~'. i '"_.;~~ L..~ I ( " i~~. ...~cmlD PART: ///-'.7'" . .." ", ., ~,.o. .,.:'. . L;' ) .,... '" ' ~ i " ,. , .f'/j j -'(-' L lqseph B. Gary ,'/ ~l\'r ~. ~~/ Margciret ,Gary () {0 . I . '/1 i / "7f-/: /.( ,{ / /I.//,&t~ c,zJ, It ~'Nl"-F<.-L,Lt t1ary S 1/ Roemhi 1 d . . . . .' . '. " . .' FILM 59 PAGE 512 STATE OF MONTANA ) . . County of Gallatin) On this -L~>1tytday of (}~/Jt~) , 198___, before me, a Notary Public for the State of Montana, personally appeared Duncan S. MacNab, 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 Ci ty of Bozeman. . '.'.,~ it '/'~:','\, -t tAiL. 1) L,l,10L/t/~~:: ",.' .:;. Notary Pub 1 c for the Sta..~i;fMbntenA-...'S'. , Residing at Bozeman, M~.' ~2 ;: ~~ My Commi ss ion expi res - ;..--.?~ \it;~t} :..., ~ ,', '<0 t;;u . ~ "'...., , L '" ~ ,t.-...':; ..to,.", .1 II ,....,~ "" ... -,,-_... ? J ....,.,.., (..:; , STATE OF MONTANA ) 'II , ~ { H S .. (f/,. .'\\ ",',\' County of Gallatin) On this 20th day of October , 198L , before me, a Notary Public for the State of Montana, personally appeared, known to me to be the personswhose names ?~6bscribed to the within instrument and acknow- ledged to me that theyexecuted the same. .r< '::-} .,.. I'.'~!IJ ,. - .~...'oj. Jr' I"~ .. ..J.d" Ifr~:t", X!~ 'M ~ ..........-. J..', W ~ , '." ,0. '" ". -v' -', , t/t.L ,U.>:J"1f~:' . -'. ~J.'~ Not~r~ Publ c for the St~ Of?f~ncf: ~A Res,d, n~ a~ Bozem~n, Mo~tar:a < ~..! i ...: My COITRlll ss, on explres ~'. ~ ~....' C:l.:' .; / ',..... ..' 4.~ ; '., \$'- ". .."., ,"",'- If' '" ,c,,\. ':) ~"' , , """'. ,..... .. . ~- <( 'I . lit ''f' t. ! j ..;J FilM 59PAGE 513 EXHIBIT "A'I AMENDED PLAT OF THE N~, BLOCK 8, STEVENS' SUBDIVISION A tract of land located in the West ~, Southwest ~, Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, said tract being the North ~ of Block 8, of Stevens' Subdivision, and being more particularly described as follows: Beginning at the northeast corner, a 5/8" rebar, of said Block 8; thence South 010 54' 00" East, along the westerly right-of-way of North 17th Avenue, a distance of 83.77 feet; thence South 870 57' 00" West, a distance of 246.19 feet; thence along a curve to the left, having a central angle of 150 20' 52" and a radius of 316.50 feet, an arc distance of 84.78 feet to the southerly right-of-way of West Stevens Avenue; thence north 870 57' 00" East, along said southerly right-of-way, a distance of 235.12 feet, to the true point of beginning, and containing 0.4591 acres. The above described land is to be known and designated as "Amended Plat of the North ~, Block 8, Stevens Subdivision", Gallatin County, Montana. . . . ~/- INO!XW Y fLATTeD L " '7D()~)3 State of Mont.. County of Gallatin. ss Filed for record Orrohpr 11 ,___,_~. 19 80 ,.t 11 ':" AM.. aJt~ recorded In BoOk. ')q ~.' ~L~...2JJl , , .tut". a., a~ Recorder. By ~ '" -~- .,_,_~ , .rLou~ Rt: City of Bozeman ' -0- ,.".:,'....' " ~~:: ;;l~!",,"':'~\:':\:~/( ,.:..~;~"~':,I(,,,>,:,,.' :-1 > , ,"'".