HomeMy WebLinkAbout2006 Payback Agreement - School District Bus Barn - SewerV
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PURPOSE OF SURVEY: HT (•^"4 ECT THE ENT PER O THE 40 FOOT NADP HIGH MINOR
� ® � `. � Q� VISION ,
PRESSURE GAS LINE RIGHT 4Y EASEMENT PER BOOK 100 OF DEEDS, PAGE 408, f � u
THAT IS SHOWN ON MINOR NO. 2218 AND TO RELOCATE THE BOUNDARY LINE
Nom' 2 2 I C
,
BETWEEN LOTS 2 AND 3 TO MATCH THE PROPOSEDSANITARY SEWER MAIN ALIGNMENT,
CERTIFICATE OF CONSENT and CERTIFICATE OF EXEMPTION
AND TO ADJUST THE LOCATION OF OPEN SPACE 3.
BEING AN AMENDED PLAT OF LOTS 2 AND 3, AND
OPEN SPACE
3, MINOR SUBDIVISION NO. 221B
OWNERS: BOZEMAN ELEMENTARY AND HIGH SCHOOL DISTRICT NO. 7 (LOT 4)
LOCATED IN THE SW 1/4 OF
SEC. 26, T.
1 S., R. 5 E.
RICHARD D. MILLIGAN AND BONNY M. MILLIGAN (LOTS 1, 2 AND 3)
OF P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
DEED REF: FILM 197, P. 2112
MIh10R SUB NO 221
1..E.GAL 1:3 E'SCR11'aT1 ON
DOC. NO. 2165408
`
LEGEND
o,
1. No wetlands ora p
(R) RECORD DISTANCE OR AZIMUTH
21
- w
2. Entire property shi
r ad
(M) MEASURED DISTANCE OR AZIMUTH
LOT 1 o = n
MINOR Su0 221 ° m
zone, Der FIRM Pr
3 All new lot acces
f
U5 18.44.090
■ FOUND 5/8 INCH REBAR WITH 2 INCH
.40.
c
Jerald E. Sxenson a oN
of the Bozeman
rJ
sign
ALUMINUM CAP MARKED (RON ALLEN #49555) OR AS NOTED
179 Fm 330 e • p O
Standards and SI
( Ins to the
o SET 5/8 INCH REBAR WITH 1 1/4 INCH
az �� did
1. E
Montana Public V
Monuments not
J
PLASTIC CAP MARKED (C&H I['9518ES)
d4.
I so° a"z° Wo
All monuments v
BASIS FOR AZIMUTHS FROM NORTH: MINOR SUB. NO 221A 90'
per
wide Public Access and Utility Easement
Doc. No. 2143961 Igo° z a I
[N45.00'0O°E] DENOTES BEARING COMPUTED FROM AZIMUTH SHOWN
c, Iii
LOT 2
MINOR SUB N0. 221 I l 2R' wide Utilil Easement
Jerald E Swenson y
179 Fm 330 I I Per Minor Sub No. 221
I �
[N5W44'4e-E1
Od0.44,48e I I
(Relit) r "-
t zTt o7
�+i I
- -- -�----
392 57 -• •1
I
;INITY MAP
_ ------------- .. ... ,_--___.-___._-__
r_._ -_-- ------- ----
CERTIFICATE OF CONSENT and CERTIFICATE OF EXEMPTION
r '(' 766 01
/� •..
2La0
-�1._
-- X0006fIROa, --{ -- -, �, -- �.
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We, the undersigned propar(y owners, do hens Certifythat we have caused to be surveyed, subdivided and platted
rete ls, ds sM1awn by Mix plot Mreursle Included, lila fallowing described tract of land, to wit:
5679
'
611.
�I
10.00
LOT 3
MIh10R SUB NO 221
1..E.GAL 1:3 E'SCR11'aT1 ON
rY of 40' wide High Pre.eure GO. -
Line Right of Way Easement
per Book 100 of Deeds, Page 408
N _ J -yrs •?
SW Cor Sec.. 26
Fnd 1 3/8. O.D. Pipe,
B' down• near Ft of
D.A. Lane
Scale fn Peet
1GO 0 100
I _W!%�
3D 0 30
Scale /n Afeters
1C
Erlgi—rirlg and Sul-veyiixy I,1c.
205 EeaMewi ❑r,e • B—. Monre.w
Hone I4o61 5871115 • Fu 140e158' E7C,B
w•m'.av,npnev. mn • iJo@chw yi�. .. „
1
I \`a O.S. 1 I I q� O.S. 2 �I
i �' �� 1.216 Sq Ft I I R 1,360 Sq Ft of
�'°k 1 I i1' 0.0312 A 5110, 21D
0.0280 Acre I I 122.939 t E.Isting 60-.1d. Utility Easement
28223 ` i per Doc. No. 2066513
15' Utility
Easement to OWast
F co . per Doc. No. 2086439
Existing 30' wife I I I--_�_-'-`--_-____-
�\. r per Doc. No. 2112$ I 1 2694446• MID I I --
-_ ----
rs.tew;ais.s 30' wise Utility Easement
`\ x i l 4 L s-was`si
LOT 2 {
141,813 Sq j 1
3.2556 i
;`lir I I g TRACT A-1
6 LOT 4 �`r``r �C]�l{�' I O.S. 3 Z I " cos Na 1027
�p fa I I I Cape France Enterprises
MINOR SUB. NO. 2218 fb I
70.0 l 1.152 Sq Ft a u 142 Fm 2000
1
171,094 Sq Fl lv4 1 r m
77.7019 Acres ttst� r� L • � G, 4 Acre � 'n c , I
BOZEMAN SCHOOL DISTRICT N0. 7 kl ( \r Add a` # a T"'I � Existing 40' wide Utility Easement
per Doc. No. 2066513
zags
as. . 3 d✓R3 y�
O.S. 4
1,100 Sq Fl I I _ _ _2;!GrDf) QB�,v �'•r--• i,.- • SSUN-y
00252 Acre I I I r 4�YYr r'�4
-1fY l0' de Utility Easement (Typ.) I rt R.4e2a. T8
N:4@26.x5
per Minor Sub. No. 2218 I I _
65' wide Public Access and Utility Easem
_ ent
per Minor Subdivision No. 221A 'ai J ' akapasr
T 10' Ulinty Easement per Minor Subdivision No, 221 I m' R ' rte
r and Minor Subdivision No 221A I LOT J 3A t ~I
.r� I I n 14
0. S. eJ 5,358 S Fl I ( ABANDONED RO%I LANE (60') PER
z R • I GALLATIN COUNTY COMMISSION RESOLUTION
i i 3.3370 Acres F u, i ) - ! NO. 2001-49 (Dae. No. 2036150)
3 1.792 Sq Ft I I _o, I I
a -- 0.0411 Acre �.. I[ I W
r j 10''de Utmty Easement (Typ,) 1 1 1 �18to
Y'i4' III per Minor Sub. No. 2218 t I ,nom- TRACT E-1
�fh'$
65 ) I n COS NO 1827
A
r% I J �• p oA-1. Ranch, Ina.
—7m -'L I C " 167 Fm 2441
-- --- -.7c5.Os•---.- _-_------- - I - ''-°a -_ ___ J of BEGwwNc —/
Ot +YTTL4T4: 2G w tie uv,r. . Ha. 721 '
Y u I^ n [589'44'25-W] I iasMN 9 '>Jin1-eS 1/4 Co, See. 26 f
'rrl ✓ '-j509-4TZT"VP](R} -� I n�.46.ia ]s ---' �-7L"R.'r47CS1 Fnd 1 3/4- Iron Pipe with
20' de Ditch Maintenance Easement - I I J 111,7 10.1041 R FL „_eefda�l1 I 2• Braae Cap
per Minor Sub, No, 221 to be abandoned. c I I I f 1
2fi5359 i -130 wide Utility Easement I
1'WU- .1 riehR el wryry dedicated I
on Meer G>;siae tfe- 2218 269'44'25" (R7 w° i ? J i PK Doc. No. 2028270
TRA I 65' wide Public Street and Ulilily 1 I
CT 1 _ I I I I Easement per Dac. Na 2034525 [
COS NO. 205C I I I t I I
Sm mur. LLC I I I f 30' wide Utility Easement
^40659 I f l per Doc. No. 2021987 I
= I
J4 I
7Z 69% I ivl I�
I � I
A�f•'rar �.M
Lot. 2 and 3, and Open Space 3, Mirwr Subdivision No. 2218, according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Cyollatfn County. Montana, and located in the Southwest Quarter of Section 26,
Township 1 South, Range 5 East of P.M.M.
the above described tract of land is to be known and designated as MINOR SUBDPASION NO.
City of Bozeman, Gallatin County, Montana,
The underalgned hereby grants unto each and every poraon, firm or corporation, whether public or private,
pfpvidlfg7 a offering to provide tel phone, electric Pawer, gas, internet, cable television or other similar utility
to it tie- the right to the joint use of on oorremenl for the construction, maintenance, repair and removal of
their gnis and other facilities, in, aver, under and across each area designated on this plat as
'Utility Easement' to have and to hold forever.
CERTIFICATE OF EXEMPTION
(BOUNDARY RELOCATION)
We certify that the purpose of this survey is to relocate the common boundary lines between 2 existing lots and to adjust the
location of Open Space 3 within a platted subdivision and that this exemption complies with all conditions imposed on its use.
Therefore this surveyy Is exempt from review as a subdivision pursuant to Section 76-3-207 (1)(d), M.C.A.,
and the Bozeman Unified Development Ordinance.
Lots 2A and 3A are exempt from review by the Montana Department of Environmental Duality pursuant to
ARM 17.36.605(2)(b).
'-�y� 11) OWNERS OF LOTS 1, 2 AND 3. MINOR SUB NO. 2218:
Doled this 12 day of 1��. 2o6V & f/- ./II
STATE OF MONTANA Richord & Willn B." V. Mielgun
COUNiY�1Rl
On Shia day at. -,j rNr+ry f! In the year 2014 AwSare lino, the undersigned, a Notary Public for the State al
Moatona, par.onafly opptarM Rickard p, 016gan and Fdonny U. Milligan. known to me to be persons whasc name
are eubmribad to the within IntUMment and acknowledged to rme that they ececuted the same,
In On— whereof, I hove lwlreunto sal my hand and offered my olilicwl seal the day and year in this cortifkate
first 017 writlan MM
residing at r
"' _. l,� NOf PUBLIC 0OR TFIE 1S,r QI�MOMANIA
+" i.!�e�l flrt. 6E& ��f
-�-. ,ay cammietign esplr(rs _
���T-'••d,{ �' PRINTED NAME
-.rte,..'
%T CERTIFICATE OF PLANNING DIRECTOR
r4�MOtft
I, planning Qlr"We far the Oily of Bateman, do hereby certify 1801 Iha use of the exemption claimed
an the accompanying plat hot been duly revlswed grid hos been found to conform to
the ItqViFisroentj of the Subdhdslan and P1alltng Act, SeclSan 7$- -1 t et. sery.k#.C.k, and the
Bozeman Unified Development Ordinance. ^/ 7'f
Dated this 1u,- day of-ebruar , 20,
Planning Director, City cV96rlvri Montana
CERTIFICATE OF SURVEYOR
40E
`+'r �¢ 1, Mark A CHondldr, Pfafilss'Ianaf Engiriter and Land Surveyor No. 9STBES, do hereby certify that between
` MARK X Oct. 18. and Qec. ,J, 217y21; IN$ W"r SubwJlvislon was survayed under my direct supervision. and
R{ CHAM7M I have platted the some a$ ahawn an the aecompony;ng plat and as described, in accordance with the
EA Na wow pyovisiah7 of the VA nli ma Subdivision and Plotting Act. Sec Garet 76--.3-101 through 76-3-625, M.C.A.,
'H o and the Solomon unified i)rxelopmonl 016nance.
•1T'AfTR NAN' Doled this Ja> day of n_c 6,,, n:-•= 2004. i�.,.,E a. 6-11.--m,
Mork A. Chandler
Montana Registration No. 9518ES
INIIu VIII �II QIIII IIIIIIIIIII INIIW IIIII�I�II
2181308
CERTIFICATE OF COUNTY TREASURER
I, Anno Rosenberry, Treasurer of Gallatin County, Montano, do hereby certify that the accompnnvino
plat hos been duly examined and that all real property taxes and special assessments
assessed and levied on the land to F.r subdivided are paid
Irx/V- l /
Doted this z day of M%H �200. By: _�'IGL i7•^n " -'T
O Depdty Treasurer of Gallatin Car
1Co—,
CERTIFICATE OF CLERK AND RECORDER
I, Shelley Vance, Clerk and Recorder or C._Il,;in County, Manton., do hereby certify that
thM• ,I,—riling instrument was filed n nry office ot�y2 o'c! I, :: fr��Fr. o}
!, A,0., 2OQ5 and recwded as Minor Subdivision Na �,2rC
fib"
records of the Clark a -d Recorder, OolWitr. County, Montana,
Document Number_I8f z__'_ 9__Y By:
Deputy Clerk and Recorder
042337{Sf N 1
1
1
I
9
`o
E
g$
LOT 3
MIh10R SUB NO 221
Robert Gene Davis
53 F,1851. 1062
o,
N _ J -yrs •?
SW Cor Sec.. 26
Fnd 1 3/8. O.D. Pipe,
B' down• near Ft of
D.A. Lane
Scale fn Peet
1GO 0 100
I _W!%�
3D 0 30
Scale /n Afeters
1C
Erlgi—rirlg and Sul-veyiixy I,1c.
205 EeaMewi ❑r,e • B—. Monre.w
Hone I4o61 5871115 • Fu 140e158' E7C,B
w•m'.av,npnev. mn • iJo@chw yi�. .. „
1
I \`a O.S. 1 I I q� O.S. 2 �I
i �' �� 1.216 Sq Ft I I R 1,360 Sq Ft of
�'°k 1 I i1' 0.0312 A 5110, 21D
0.0280 Acre I I 122.939 t E.Isting 60-.1d. Utility Easement
28223 ` i per Doc. No. 2066513
15' Utility
Easement to OWast
F co . per Doc. No. 2086439
Existing 30' wife I I I--_�_-'-`--_-____-
�\. r per Doc. No. 2112$ I 1 2694446• MID I I --
-_ ----
rs.tew;ais.s 30' wise Utility Easement
`\ x i l 4 L s-was`si
LOT 2 {
141,813 Sq j 1
3.2556 i
;`lir I I g TRACT A-1
6 LOT 4 �`r``r �C]�l{�' I O.S. 3 Z I " cos Na 1027
�p fa I I I Cape France Enterprises
MINOR SUB. NO. 2218 fb I
70.0 l 1.152 Sq Ft a u 142 Fm 2000
1
171,094 Sq Fl lv4 1 r m
77.7019 Acres ttst� r� L • � G, 4 Acre � 'n c , I
BOZEMAN SCHOOL DISTRICT N0. 7 kl ( \r Add a` # a T"'I � Existing 40' wide Utility Easement
per Doc. No. 2066513
zags
as. . 3 d✓R3 y�
O.S. 4
1,100 Sq Fl I I _ _ _2;!GrDf) QB�,v �'•r--• i,.- • SSUN-y
00252 Acre I I I r 4�YYr r'�4
-1fY l0' de Utility Easement (Typ.) I rt R.4e2a. T8
N:4@26.x5
per Minor Sub. No. 2218 I I _
65' wide Public Access and Utility Easem
_ ent
per Minor Subdivision No. 221A 'ai J ' akapasr
T 10' Ulinty Easement per Minor Subdivision No, 221 I m' R ' rte
r and Minor Subdivision No 221A I LOT J 3A t ~I
.r� I I n 14
0. S. eJ 5,358 S Fl I ( ABANDONED RO%I LANE (60') PER
z R • I GALLATIN COUNTY COMMISSION RESOLUTION
i i 3.3370 Acres F u, i ) - ! NO. 2001-49 (Dae. No. 2036150)
3 1.792 Sq Ft I I _o, I I
a -- 0.0411 Acre �.. I[ I W
r j 10''de Utmty Easement (Typ,) 1 1 1 �18to
Y'i4' III per Minor Sub. No. 2218 t I ,nom- TRACT E-1
�fh'$
65 ) I n COS NO 1827
A
r% I J �• p oA-1. Ranch, Ina.
—7m -'L I C " 167 Fm 2441
-- --- -.7c5.Os•---.- _-_------- - I - ''-°a -_ ___ J of BEGwwNc —/
Ot +YTTL4T4: 2G w tie uv,r. . Ha. 721 '
Y u I^ n [589'44'25-W] I iasMN 9 '>Jin1-eS 1/4 Co, See. 26 f
'rrl ✓ '-j509-4TZT"VP](R} -� I n�.46.ia ]s ---' �-7L"R.'r47CS1 Fnd 1 3/4- Iron Pipe with
20' de Ditch Maintenance Easement - I I J 111,7 10.1041 R FL „_eefda�l1 I 2• Braae Cap
per Minor Sub, No, 221 to be abandoned. c I I I f 1
2fi5359 i -130 wide Utility Easement I
1'WU- .1 riehR el wryry dedicated I
on Meer G>;siae tfe- 2218 269'44'25" (R7 w° i ? J i PK Doc. No. 2028270
TRA I 65' wide Public Street and Ulilily 1 I
CT 1 _ I I I I Easement per Dac. Na 2034525 [
COS NO. 205C I I I t I I
Sm mur. LLC I I I f 30' wide Utility Easement
^40659 I f l per Doc. No. 2021987 I
= I
J4 I
7Z 69% I ivl I�
I � I
A�f•'rar �.M
Lot. 2 and 3, and Open Space 3, Mirwr Subdivision No. 2218, according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Cyollatfn County. Montana, and located in the Southwest Quarter of Section 26,
Township 1 South, Range 5 East of P.M.M.
the above described tract of land is to be known and designated as MINOR SUBDPASION NO.
City of Bozeman, Gallatin County, Montana,
The underalgned hereby grants unto each and every poraon, firm or corporation, whether public or private,
pfpvidlfg7 a offering to provide tel phone, electric Pawer, gas, internet, cable television or other similar utility
to it tie- the right to the joint use of on oorremenl for the construction, maintenance, repair and removal of
their gnis and other facilities, in, aver, under and across each area designated on this plat as
'Utility Easement' to have and to hold forever.
CERTIFICATE OF EXEMPTION
(BOUNDARY RELOCATION)
We certify that the purpose of this survey is to relocate the common boundary lines between 2 existing lots and to adjust the
location of Open Space 3 within a platted subdivision and that this exemption complies with all conditions imposed on its use.
Therefore this surveyy Is exempt from review as a subdivision pursuant to Section 76-3-207 (1)(d), M.C.A.,
and the Bozeman Unified Development Ordinance.
Lots 2A and 3A are exempt from review by the Montana Department of Environmental Duality pursuant to
ARM 17.36.605(2)(b).
'-�y� 11) OWNERS OF LOTS 1, 2 AND 3. MINOR SUB NO. 2218:
Doled this 12 day of 1��. 2o6V & f/- ./II
STATE OF MONTANA Richord & Willn B." V. Mielgun
COUNiY�1Rl
On Shia day at. -,j rNr+ry f! In the year 2014 AwSare lino, the undersigned, a Notary Public for the State al
Moatona, par.onafly opptarM Rickard p, 016gan and Fdonny U. Milligan. known to me to be persons whasc name
are eubmribad to the within IntUMment and acknowledged to rme that they ececuted the same,
In On— whereof, I hove lwlreunto sal my hand and offered my olilicwl seal the day and year in this cortifkate
first 017 writlan MM
residing at r
"' _. l,� NOf PUBLIC 0OR TFIE 1S,r QI�MOMANIA
+" i.!�e�l flrt. 6E& ��f
-�-. ,ay cammietign esplr(rs _
���T-'••d,{ �' PRINTED NAME
-.rte,..'
%T CERTIFICATE OF PLANNING DIRECTOR
r4�MOtft
I, planning Qlr"We far the Oily of Bateman, do hereby certify 1801 Iha use of the exemption claimed
an the accompanying plat hot been duly revlswed grid hos been found to conform to
the ItqViFisroentj of the Subdhdslan and P1alltng Act, SeclSan 7$- -1 t et. sery.k#.C.k, and the
Bozeman Unified Development Ordinance. ^/ 7'f
Dated this 1u,- day of-ebruar , 20,
Planning Director, City cV96rlvri Montana
CERTIFICATE OF SURVEYOR
40E
`+'r �¢ 1, Mark A CHondldr, Pfafilss'Ianaf Engiriter and Land Surveyor No. 9STBES, do hereby certify that between
` MARK X Oct. 18. and Qec. ,J, 217y21; IN$ W"r SubwJlvislon was survayed under my direct supervision. and
R{ CHAM7M I have platted the some a$ ahawn an the aecompony;ng plat and as described, in accordance with the
EA Na wow pyovisiah7 of the VA nli ma Subdivision and Plotting Act. Sec Garet 76--.3-101 through 76-3-625, M.C.A.,
'H o and the Solomon unified i)rxelopmonl 016nance.
•1T'AfTR NAN' Doled this Ja> day of n_c 6,,, n:-•= 2004. i�.,.,E a. 6-11.--m,
Mork A. Chandler
Montana Registration No. 9518ES
INIIu VIII �II QIIII IIIIIIIIIII INIIW IIIII�I�II
2181308
CERTIFICATE OF COUNTY TREASURER
I, Anno Rosenberry, Treasurer of Gallatin County, Montano, do hereby certify that the accompnnvino
plat hos been duly examined and that all real property taxes and special assessments
assessed and levied on the land to F.r subdivided are paid
Irx/V- l /
Doted this z day of M%H �200. By: _�'IGL i7•^n " -'T
O Depdty Treasurer of Gallatin Car
1Co—,
CERTIFICATE OF CLERK AND RECORDER
I, Shelley Vance, Clerk and Recorder or C._Il,;in County, Manton., do hereby certify that
thM• ,I,—riling instrument was filed n nry office ot�y2 o'c! I, :: fr��Fr. o}
!, A,0., 2OQ5 and recwded as Minor Subdivision Na �,2rC
fib"
records of the Clark a -d Recorder, OolWitr. County, Montana,
Document Number_I8f z__'_ 9__Y By:
Deputy Clerk and Recorder
042337{Sf N 1
SC "s ( P -,S+
-3Vs g� —
AGREEMENT FOR REBOURSEMENT
pc,,�
THIS AGREEMENT, made and entered into this day of
, 2_____, by and between the CITY OF BOZEMAN, a municipal
corporation, organized under the laws of the State of Montana, ("City"), and
Bozeman Srbool Di stri rt X67 , ("Developer").
WHEREAS, Developer presently owns land located in Gallatin County, Montana, more
particularly described as follows:
Lot 14 of Milli an Minor Subdivision,�according to the map or plat thereof on file and of
record. in the office of the Clerk and Recorder of Gallatin County, Montana,
WHEREAS, the City owns and operates a sewer system within and adjacent to its
corporate limits; and
WHEREAS, Developer has constructed a certain extension to said system more
particularly described on Exhibit "A" attached hereto and incorporated herein by this reference,
which extension is capable of serving the tract hereinabove described; and
WHEREAS, the extension to said system described in Exhibit "A" is located within the
area served by the City, but has not been finally accepted by the City for maintenance and
operation; and
WHEREAS, the area capable of being served by the extension to said system described
in Exhibit "A", is herein referred to as "the benefitted properties", and is particularly described in
Exhibit "B" attached hereto, and by this reference incorporated herein; and
WHEREAS; the benefitted properties did not participate in the original cost of
construction of the extension described in Exhibit "A", the total of which amounts to
$,35,891.73 ; and
WHEREAS, the City and the Developer desire to and intend by this agreement to provide
terms and conditions by which Exhibit "B" properties may connect to, and utilize the extension;
and
WHEREAS, the parties hereto agree that the City will charge and collect a fair pro rata
share from each of the described benefitted properties as they connect to said extension;
NOW, THEREFORE, in consideration of the conveyance to the City of the extension
described in Exhibit "A", and the mutual covenants .contained herein, it is agreed by and between
the City and Developer as follows:
1. The parties agree that the sewer line extension has been constructed and installed in
accordance with the requirements of the City and the Director of Public Service. The Developer
agrees to convey his interest in the extension and secure or grant any necessary easements for
said extension to the City. The City agrees to accept said extension and easements for
maintenance as part of its sewer system.
2. The Developer has submitted to the. City itemized invoices for labor, material and
engineering directly attributable to the installation of the sewer line which costs are attached and
incorporated by reference as Exhibit "C". The Developer does hereby certify that the costs listed
in Exhibit "C" are solely related to the extension of the sewer line to his property, described
above, approximate the original amount bid for said extension, and do not reflect costs related to
the sewer line installed on said property.
3. The Developer has submitted an as -built set of plans together with the engineer's
c"f cation that the project was completed in accordance with the applicable laws, rules and
regulations and cost of the extension.
4. The City agrees to collect from the owners of property benefitted by said extension
who did not contribute to the cost of : construction _of said extension, and who subsequently
connect to or use the same, a fair pro rata share of the cost of such construction based upon the
sum of $1,477-.37per gross acre, which unit charge shall be conclusively presumed to be a fair
pro rata charge against the benefitted property. The reimbursement charges are in addition to the
usual and normal charges that will be made by the City for service connections, monthly service
charges and impact fees. The Developer hereby releases the City from any and all claims that
may arise out of the collection of said charges, including but not limited to error in calculation of
proportionate cost, failure to collect fees set forth herein and in making a determination that the
property or portion thereof is or is not benefitted by said services.
5. The City shall account for funds received and remit said funds to
District Clerk, BSD #7 , designated by writing as the agent to receive said proceeds by the
Developer, approximately thirty (30) days following receipt of said funds, less an administrative
fee of seven percent (7%) of the amount received. No extensions or connections shall be made
to the sewer line without first paying the required amount and with the full knowledge of the
City. However, if the City, for whatever reason, fails to collect the required fee hereunder, no
liability shall arise nor any claim be made by the Developer against the City.
6. It is agreed that this agreement shall continue until Developer has recovered ninety-
three percent (93%) of his total "as -built" construction costs, or upon the expiration of ten (10)
years, whichever shall occur first, whereby this agreement shall be deemed terminated and of no
further force and effect. Failure of the City to recover the maximum reimbursement shall neither
create a liability on the part of the City nor extend the Agreement beyond the period specified
herein. Provided, however, that should this agreement not provide Developer with
reimbursement as described above within said ten (10) year period, this agreement may be
extended by way of a mutual agreement between the parties, unless such an extension would
work a hardship to the City.
7. Construction and installation of the sewer line is limited specifically to the terms and
area covered by this agreement. Nothing in this agreement is to be construed as an obligation on
the part of Developer to extend the sewer line to any points beyond those contemplated in this
agreement and described in Exhibit "A.".
8. This Agreement has no effect on City charges for utility connections or impact fees.
The City may connect to the above described extension other main extensions or side lateral
extensions, as appropriate. Such connections shall not constitute grounds for reimbursement.
Any connections to such extensions of the above described extension shall not constitute grounds
for reimbursement. The City shall be the sole judge of what constitutes a main, side lateral
extension, or sewer service.
IN WITNESS WHEREOF the Parties hereto have executed this instrument the day and
year first above written.
M*loper CITY OF BOZEMAN
By _5;,eoa� _") OSx -J By:
STATE OF MONTANA
ss.
County of Gallatin
On this day of 20 before me, the undersigned a Notary
Public for the tats of-Montanaa,, erso y appeare�ffc 'ON. BREY and ROBIN E.SNLIV l
known to me to be the Acting Ci�y Manager and Clerk of Commission, res ectively, of the City
of Bozeman and the persons whose names are subscribed to the wi �hin 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.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at Bozeman
My Commission Expires: _/_/20
2
State of Montana
;ss.
County of Gallatin
On this pe
ofa, 20b5 before me the undersigned, a Notary Public for
the State of Mox�tazxa, erson a eared �;�s-.I
?
known to me to be the person whose name is subscribed to the within —instrument,and
acknowledged to me that helshe executed the same for and on his own behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary is tor etate o r ontana
3