HomeMy WebLinkAbout20- Lift Station Agreement - Rosa Johnson Development, LLC (Four Corners Construction, LLC) - Boulder Creek Subdivision, Phase 3 Return to:
Bozeman City Clerk PLATTED
P.O. Box 1231
Bozeman, MT 59771-1231
2676785
Page: 1 of 2 03/25/2020 03:51:21 PM Fee $14.00
Eric SemeraI - Gallatin County, MT MISC
11111111 1111111111111 IN 11111111111111111111111111 III 1111111111
LIFT STATION AGREEMENT
This Agreement is entered into this 17 day of L9e.Gtv-k , 2019, 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 3.
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 3 and any
other owners not within Boulder Creek Subdivision, Phase 3 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 parry 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
� 3 day D , 2019.
GRAN : Rosa Johnson Development, LLC
By: o Rosa, Manager By: Scott J son, Manager
STAT OF MONTANA )
ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this day of F wt hem►!'
2019, by John Rosa and Scott Johnson as Managers of Rosa Johnson Development, LLC, a
Montana Limited Liability Company.
(SEAL)
Notary Public for the State of Montana
Printed Name: SHEILA TINJUM
Residing at: J �y�```��' Notary Public
' ;-,,%07AR1.4 ; for the State of Montana
My Commission Expires: / , 20 *_ Residing at:
�'SEAL. - Elozemin,Montana
- .. '
ACCEPTED: CITY OF BOZEMAN '-,�oF .,�' My Commission expires:
"a a�° August 03,2023
By:"-" ity Manager
ATTEST:
A41�44�
i
Rubin , City Clerk
M.KE ►� , f5
STATE OF MONTANA )
)SS. DO
County of Gallatin ) yN I IC MA-06
On this ZY day of r , , fore 24 me, a Notary Public for the State of
Montana, personally appeared and R known to
me to be the City Manager and City Clerk, respectively, of the City of Bozeman, and the persons
w ose 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
qn4 year first above written.
ow
HEATHER BIENVENUE4otary Public the State ontana Notary PublicPrlrited Na "_for the state of Montana= Residing at:Residing at Bozeman, MontanaMy Commission Expires / /20 tiIY Commission Expires:
January 26, 2022
G:\C&M14\I4624\FinaI Plats\Phase 3 Final Plat\Working FilesUFT STATION
AGREEMENT.Doc