HomeMy WebLinkAbout1976 - Payback Agreement - Main Mall - SewerSCALE: Ire= 600r
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CL4BCC�Y' ROAO
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LEGEND
NO.
AREA
1
84
AC.
2
4 3
AC.
�,1,•., %��,�
3
32
AC.`
4
21
AC.
5
27
AC.
6
30
AC.
�� COLLEGE _STREET
TOTAL: 237 ACRES
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i
PLATE N0. 2
„ly�`r WiiEn.r r•:r. rpt.=-. ....r ....r
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A G I l f. I'-' 11. T
I'inS AGRELMI::NT, Made arid enter•cd into 01i; #` i"”, "( S")'
11)7 G, by and hct.ween Use CI'1�i OF li(YLI:MAN, a Municipal Crsr•poT'ation.
organized under Use laws of the State of R1ontana, horcin�ifter cullocl Uro Party
of the First fart, and ilAilfly M. DAUM and KATi�iI..I:I:`i ?�'ir\1�1: ?�-\t'\t•
'I:?.1..? `
husband and wife, of Parma ldaho, hereinafter called the Part.ic., nl' lin• Swrond
]'art,
W I T N E S S G T 11:
'That Uie parties of I.he second part at•e the oWner•s of a �'alirl Ir.r;, !,•rm
lease dated April 16, 11,76. i'rotn Albert 'J. Michel and Ramona '\11ir110 Nickoan
of the following described real estate situate in the ('ountl of Gallatin. S';111' 'If
Montana, lo -wit:
A tract of land in 0h 1 Sautolwn[allp Two (2)sSouUatls Lange rive r5[)ti41',; 1
of Section Eleven (11 ), ar"tirullt'ly drsct ttsral :t:s follow -S', 11o11in-
E,ast, M. f . M.. ,snrl n nrc� p.
nine at dle'' Southwest
outh est c. 4l itWcst linc5of ,t►ttI Sertion}ll,,to i1 "` ',,
28 t,asl, o y Ili hwa 1111 . 'is t►<s+v l'alcl out altcl
Nortiser'ly right of wa of U.S. r; y V. 17'30" V -3.4 -
Constructed. a distance Of�� - 6 a di lance1 feet, nOf 8`sce oi. 06 feet to Ihr
on and along the•
Soua,east corner of ng Southern n ll 10 22 28" 1 `alt on anti a•1trnJ; ifu
true point of beginning;
T',ast line of tlr u11a id 17 14`"al' West lontan r alc�ng,tlsctl`�orth lin: cslll 0
feet. thence So
Veterinary Clinic property to a point on kl>c East line of a p
land owned b dee State of Montana a distance of 1 50. 00 rel-►;
tis+ nr'e'
North 1° 22"2#3"" fast on and along the said last l] r!?is�lIC anc �raof rt1
Montana propct ty to the North line of the S' SV4 a ,id
,! di5-
JGilcs thence
Northwest corner16,f tae"R at,. Stratford propert,'►�tyrs r
line:
the
tensa tine or saed drat ord proper aldistanc'cof 451) s5 feet-nd , L'"`n"'e
West 1t
South 24° 95'35" Easton and along the Saulbvrestrt'lyoiint ti>ri tile trght
Stratford 5'35proprky. a distance of 264.58 feet, to a p
of way curve of
of walitguT a toOWe right having a fi adiu�' of 1Y860 feet along said nigh Y ++tance of
through a centra aG lsof 45t 27138 77 5; thence SouilvtJ:1"l17';30" yGcsst
the right of wayp.
on anti along said right of way a distance of 143. 15 feet la tho tru<
point of beginning. Said tract contains 30. 612 acres. 911WO('1 too and
existing casements for irrigation ditches, power lines, exist over anpd across sai
water lines as Ilse Sarno now
rnpr•s 1.'.
'chat sve.ond parties are building a comnie"cial shopping t. 114-11'!' q,a, ;;14
above described lands, ;uul in connection therewith have secured an
from the owners of the ab,1ve described land 1'07' V01l;t1'urtinn of sewer ;,nfi
water lines on said lands in such manner as shall be agreeable with dii• Cit;:
of Ilozeman and second parties; and
•1.'hat'second parties,are also the owners of casc•nienis t -7c' ndin :1 nn
the above described lands in n northerly direction over and acro;, 11!1d: Wa•r,r•d
by Gary L. Cook and .loan W. Cook, husband and xvife. George H. C',•,,ic :o -d
Alice M. Cook, husband and wife, Lowell C. Curtis and Shirley E. Curlis,
husband and wife, and isrwin Lachenmaier and lava A. Lachenrnaier. i1 -is! -and
and wife, to Durston Road for the construction of a sewer line exterdi'19 Iron
tlic above described property to Durston Road, and that second partia•: dt•sirc
to extend said sewer line easterly along Durston Road to connect with 'Ili -
present sewer line of the City of l3ozeman as the same now exists in Dunton
Road;
NOW, TiiEREFORE. it is agreed between the parties hereto as follows:
I. That in consideration of the parties of the second part being 1,1•rmitted
to connect onto the City sewer and water lines, second parties for thr,:isvives,
their heirs, executors, administrators, successors. and assigns do hervby akrev
and consent to the above described properly being included within Ilii, t'11% hinits
of the City of Bozeman at any time the City of 13ozeman requires that t!rr• saint -
be annexed.
2. Second parties agree to construct a sewer ling• extending from the
above described properly north to Durston Road and cast along Durnivil 11uad to
connect with the present sewer system of the City of Bozeman at sevolid parties'
Initial cost and expense with the understanding that second par•!ios will bu
reimbursed by the owners of the lands benefited by the installation, n!' .:iv si•wer
line as hereinafter provided.
3. That upon the request of the City of P Damian sveord part it s will
assign all of lhpir interest and tights in Ute easement, for tilt ticu� t tee: tee
the City of 1,3ozeman.
4. That second parties will assign their interest in lite water :tnrl .sewt•e
lines constructed on the property leased by second parties as hereinhefe�r c•
described to the City of Cozeman.
fr. That the construction of said sewer line and water lint, sttall he
constructed anti installed in accordance with die retluirrments of tl,e 01% of
Bozeman ant] the City Engineer.
G. That second parties agree to comply wi th the requirement, of tiee
building codes as to plumbing, electrical and mechanical construction for any
buildings built by second parties.
7. Second parties agree to pay to the City of Bozeman all regular
connection fees and service costs for sewer and water connections.
8. In connection with die construction of said sewer line, it is agreed
that second parties will pay the initial cost of constructing the same, but that
the cost thereof including; engineering expenses shall he prorated on a per
square foot basis over property bordering or abutting* said sewer or using the
' same, and the prorated cost thereof together with interest at the rate dt-lertnine
by the City from the time the same is constructed until paid, conrpoundt,d
fi
¢� annually, shall be paid by owners of property bordering or abutting; said sewer,
at the time said property is connected td and using said sewer. In this eunner-
tion, it is estimated that bordering or abutting arca is approximately 250 acres
and the exact area will Ire determined by the City. 11 is agreed that as e•e•im-
bursement moneys are collected by the City of Bozeman they will he paid bl• tl.e
City of Bozeman to second parties as partial reimbursement of they cont of
constructing the sewer line. Tlie above reimbursement charges Tire in additietr.
to the usual and normal charges drat will be made by the C1 Ly of Rom-nran for
service connections anti monthly .4ervice charges.
IN WITNFSS WHER E01" 1111 panic•~ hcrt la !"'N" !n t :•tul!p
this instrulrlent the day and year first above written.
C'11'1' UI� 1tCjZT:31A\, a \luni�•ip;tl l'��i•}�trr•atic�n
e 1 a.Y
'rlu• Par h' tit' the First P.11-!.
' iI:k111`�'' ;li.' taRl1I11 '�
a r •e! -try Rllen,.Daurij ..r
pwl
'1'ht•'I ;lrliv. el' Litt• .;r•rtdt•I !'
CONSENT
The underyignad. ALBERT •I. MICIIL•:L, .1 iillgiv man, and It/1\IONA
MIC}IEL McKEAN, owners of tate hereinbefore described ru al propert% tiub,tarl
to a lease to Harry M. Daum and Kathleen Mary ralen Daum, tic) c•nnsent
and agree to the foregoing %9T-eemvnL and agree to campy with lilt- vol"I'llts
thereof including waiving any objection to said lana being included within ;ht•
City limits of Bozeman tl'tally time that Ute City shall request lira thr be
annexed.
DA,rED alis_' day or ' 1976.
crL
atltona ;t•7tt• t•I•.t•rrn
STAIT" OF MONTANA 1
County of Gallatin 1
On this /- day sof SertrTabur, 1976, before me. a \clear"• i''uhlic
fur the State caf Montan;j, personally appearod James \V. Vollmer. MaYnr, and
�F`raxa
V. known known t.o me to be the pt•rsons whose namos :ire•
subscribed to the within instrumenL and acknowledged to nn• that !ho;. t•xvt•utt•ol
the same: on behalf of the City of Bozeman.
o[ar•y Public for 1 e Sla-tjfM oln;-.o.a.
Residing at Bozeman. +.l �nlarza
My Commission t•xpi V(", <�•'�itva^�c �"�
s,rATE OF MONTANA
a ss,
County of Gallatin }
On this ,7 ' day (if a , 1976, brforc• mer. a \olar\ Public fin•
the State of Montana, personally appeared Ilar•ry M. Daum and Kalh)1•i•n \lard•
I Alen Daum, husband and wife, and Albert J. Michel, a single man, and Ramona
Michel McKean, known to me to be the persons• whose namt•s are subscrilwd to
the within instrument. and acknowledged to mcg that thv-%. eseculed the saint•.
IToLatry vulilic ore 6ta�erII Ciontami.
Residing at Bozeman, Mont, n.
My Commission expires Jrtnuary 14. 1!j77.
A G R E E M E N T
THIS AGREEMENT made and entered into this 5th day
of November, 1980, by and between THE CITY OF BOZEMAN, a municipal
corporation, hereinafter referred to as "City", and NARY M. DAUM
and KATHLEEN MARY ELLEN DAUM, husband and wife, hereinafter referred
to as "Developer",
W I T N E S S E T Ei :
WHEREAS, the parties have previously entered into a
sanitary sewer agreement on the 29th day of September , 19 76 , a por-
tion of said agreement providing that the City shall collect interest
from property owners when such.property owners hook onto the sewer
system; and
WHEREAS, the parties desire to omit any requirement of
the payment of interest to insure prompt hookups to the sewer
system by said property owners;
NOW, THEREFORE, in mutual consideration of the covenants
and conditions contained herein, it is hereby agreed as follows:
1. That said sewer agreement previously mentioned is
hereby amended to exclude any requirement that property owners who
hook onto the sewer system should be required to pay any interest.
2. That this addendum shall not release any property
owner from paying his proportionate share of appropriate cost of
installation and construction of said sewer system.
3. That except for the deletion of the requirement of
payment of interest, all other provisions and terms of said agree-
ment are hereby confirmed and ratified.
DEVELOPER:
HARRY M. DAUM
LEEN MARY ELLEN DAUM
THE-CITY—OF BOZEMAN, a
municipal corporation
try '1 J2i,, .
MAYOR
ATTEST: '✓. /
Clerk of the City Commission