HomeMy WebLinkAbout13_188_Agreement At: City cif-B obe;nan �,:
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c' M-t-flaunty of Galtalin.as F`-Rcd to record.
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AGREEMENT
THIS AGREEMENT, Made and entered into this '1` day of
retruary,1972, by and between the CITY OF BOZDW,, a Municipal
Corporation, organized under the laths of the State of Montana,
hereinafter called the Party of the First Part, and KONTANA IUDUSTRIAL
DEVEL0PMENT CORPORATION, a aiontana Corporation, hereinafter called
the Party of the Second Part.
W I T td E S S E 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,
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Gallatin County, I3ontana, and described as follows:
Beginning at a point on the westerly right Qf
way of the Chicago, Milwaukee, St. Paul and Pacific
Railway Company's Henard Branch, which point is
North 01030'09" nest on and along the East line
of Section Thirty-One (31), a distance of 385.63
-- feet and South 88*3313911 west, a distance of 126.
05 feet from the Southeast corner of Section
Thirty-One (31).
Thence South 88133'39°' west, a distance of
361,79 feet.
Thence South 89°13013518 West, a distance
of 988.64 feet.
Thence North 39®11'06" West, a distance
of 379.60 .feet to a point on the
"i Southerly right of way of the Bridger Canyon Road
as now layed 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 50146'42" East on a bearing, which
�.; equals North 501501008, 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 teay curve to
rl the right, having a radius of 1076.0 feet and through
a central angle of 3910811811, 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 99055 B 00" T as t on a;ld _71ong the
Southerly right of nay, 70.0 fce.e a"cuth and parallel
to ghe centerline of the Bricker Can}"or, Road, a
distance of 699.40 feet to a point on the West right
of gray of the Chicago, `filrau':cc, St" Paul and Pacific
Railway Company's Menard Branch,
Thence South 01029®36" East, on and alone the
railroad right of way, a distance of 38A.92 feet to
a point 50.0 feet Kest when measured 3t right angles
to the railway point of curve station- 12ECi0l.-90.
Thence along the curve to a
radius of 1492.5 feet and through a central an€le
of 04033146", a distance of 115,05 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 lanes of the City of Bozeman at the
point to which, said lanes have been presently extended, pursuant
to fhe provisions and authority given by Section 11-1001, R.C.`J.
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 T°HEMFORE, 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
I; lines have been presently extended.
} 2. In consideration of the permission hereby
� k� y granted to
�.1
ii 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
i;
sewer lines and the pipe anJ materials, including the laying thereof,
used to connect the property herein described with the existins
sewer lines of the City of Bozeman, and agrees that all work done
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r� in connection therewith shall be dorm pursuant to the playas and
specifications furnished by the City of Bozeman and subject to the
approval of its City Engineer.
3. In consideration of the right to entered said sewer t
limes and connect thereto, Party of the Second Part agrees, that w
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
i
j to be executed the day and year first above written.
CITY OF BOZEMAIN, a Municipal
corpo ation
PARTY OF THE FIRST PART_ By73
ayor
14ONTANA DIDUSTRIAL DEVELOPMENT
CORPORATION, a Montana corporatgon
-_ PARTY OF THE SECO14D PART. By .1 (
P esident
STATE OF MONTANA ecretarV
_ Coa my of Gallatin) 'v
On this 2nd day of February, 1972, before me, a- Notery"
r Public for the State of Montana personally a S9r
+ p y appeared 1dILLIAff+�.
GRABOW, Mayor, and £RNA lie HARDING, Clerk, ?mown to me to be the
t
persons whose names are subscribed to the within instrument and
{ acknowledged to me that they executed the same on behalf of the
t„
City of Bozeman,
r ...
otary u le or tie State o.
Montana. Residing at Bozeman,
Montana. y ^omraission expires
r
i
.a STATE OF MONT'ANA )
1 ��0
County of Gallatin)
On this ®o day of February, 1972, before °ne, a Notary
Public for the State of Montana., personally appeared DELBROOK '
LIC',HTENRERO and 10SEPH W. SAFOL e President
and Secretary
, respectively of MO:ITAtIA I,ll)[iSTitYAL DEV1'f.OP`41,P11 CORPQRd10-
TIOU, a Montana corporation, known to ne 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.
Notary Public fort the State of
Montana. Residing at B"o`zeman,
Montana. My commission expires
April 5, 1972
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