HomeMy WebLinkAbout18- Lift Station Agreement - Rosa Johnson Development, LLC (Four Corners Construction, LLC) - Boulder Creek Subdivision, Phase 2 J-622
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Bozeman,MT 59771-1231
2609501
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Charlotte Mills - Gallatin County, MT MISC
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LIFT STATION AGREEMENT
This Agreement is entered into this 1r� day of MA -4-H , 2018, by and between
Rosa Johnson Development, LLC, who acquired title as Four Corners Construction, LLC, with a
mailing address of 2264 Jackrabbit Lane, Unit B, Bozeman, MT 59718, hereinafter referred to as
GRANTOR, and the CITY OF BOZEMAN, a municipal corporation of the State of Montana,
of P.O. Box 1230, Bozeman, Montana 59771, herein after referred to as "the City."
WHEREAS GRANTOR is the owner of real property annexed into the City of Bozeman, more
particularly known as Lot 3A, Minor Subdivision No. 201A, located in the South 1/2 of Section
4, Township 2 South, Range 5 East of P.M.M.;
WHEREAS as part of the Preliminary Plat Review for Boulder Creek Subdivision, Findings of
Facts and Conclusions of Law dated September 8, 2014, condition no. 41, page 16, recorded as
Document No. 2500651 at the office of the Clerk and Recorder in Gallatin County, Montana,
provides for the following:
The property owners dependent on the sewage lift station
shall be responsible for the financing the costs of its operation
and maintenance, which will be the responsibility of the City.
The applicant shall agree in writing to a surcharge to cover the
cost of operating and maintaining the lift station. The agreement
shall be filed with the final plat and shall apply to all heirs,
successors and assigns. The agreement shall be subject to
approval by the City Engineer and the City Attorney.
WHEREAS, GRANTOR has simultaneously herewith submitted to the City its final plat for
approval of Boulder Creek Subdivision, Phase 2.
NOW, THEREFORE, GRANTOR hereby agrees as follows:
1. That it and all its successors and assigns shall pay any surcharges assessed by the City
necessary to cover the costs of operating and maintaining the lift station on property
currently owned by the City located on Saxon Way and described as Lot 2, Block 19,
Correction Plat of LAUREL GLEN SUBDIVISION - PHASE 2, City of Bozeman,
[Plat J-442A]. GRANTOR hereby agrees that the City may apply a surcharge to any
owners of property within the entirety of Boulder Creek Subdivision, Phase 2 and any
other owners not within Boulder Creek Subdivision, Phase 2 which utilize the above-
described sewer lift station.
2. This agreement shall apply to the heirs, successors, and assigns of GRANTOR.
3. In the event it is necessary for any of the parties hereto to bring any action to enforce
the terms and covenants of this agreement, it is agreed that the prevailing party shall be
entitled to reasonable attorney fees to be set by the Court, including the salary of the
City Attorney or that of a staff attorney.
WHEREAS, the GRANTOR, Rosa Johnson Development, LLC, has set its hand and seal this
day of >; v • 2018.
YGRANTO - hnso elopment, LLC
By: John R� sa, Manager By: Scott Jo son, Manager
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this ') day of FcG7rH Q'-(j ,
2018, by John Rosa and Scott Johnson as Managers of Rosa Johnson Development, LLC, a
Montana Limited Liability Company.
(SEAL) ,,,:�,,.,:,,,,,,,,
' � ��rpy�,<, SHEILA TINJUM
Notary Public for t14 State of Montana ...... Nolary Public
! = :aOTaRiq�• for the State of Montana
Printed Name: *=
Q Ficsiding at:
Residing at:
.u3;.SEAL.= Bozeman, Montana
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My Commission Expires:
My Commission Expires: / , 20
ACCEPTED: CITY OF BOZEMAN
By: Andrea Surratt, City Manager
ATTEST: 6z-
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Robin Crough City Cle- 1883
TIN CO �10
STATE OF MONTANA )
)SS.
County of Gallatin )
es
On this / 9-fl\day of �r�� , 2017, before me, a Notary Public for the State of
Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be
the City Manager and City Clerk, respectively, of the City of Bozeman, and the persons whose
names are subscribed to the within instrument, and acknowledged to me that they executed the
same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
: BRENDA SWEENEY
eFnNotary Public
me:�D
OTAR14'�-4_for the State of Montana
Notary Public for the State o M tana SE -P- Bozeman, Montana
ontana
Printed Name: � P, My Commission Expires:
Residing at ' December 02,2018
My Commission Expires I aJ /20-ZF
G:\C&H\14\14624\Final Plats\Phase 2 Final Plat\LIFT STATION AGREEMENT.Doc