HomeMy WebLinkAbout02-25-19 City Commission Packet Materials - C3. Overhang Electric Powerline Easement with NW Energy for Rouse and TamarackCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
SUBJECT: Overhang Electric Power line Easement for Construction of the
MDT Widening of the Intersection of Rouse Avenue and
Tamarack Street.
AGENDA ITEM TYPE: Consent
MEETING DATE: February 25, 2019
RECOMMENDATION: Authorize the City Manager to sign the Easement Agreement for
property needed to install overhead electric power in association with the MDT widening of the
Intersection of Rouse Avenue and Tamarack Street.
BACKGROUND: The Montana Department of Transportation (MDT) is in the process of
improvements to Rouse Avenue from Main Street to Oak Street. As part of the proposed
improvements, Northwestern Energy must relocate existing overhead power lines at the
intersection of Tamarack Street and Rouse Avenue to a location that crosses onto the City Shops
Complex at 814 North Bozeman Avenue. The proposed easement will allow for Northwestern
Energy to complete their work.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Attachments: Overhang electric powerline easement, Exhibit A
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After Recording, Return To:
NorthWestern Energy
Land & Permitting Department
11 East Park Street
Butte, MT 59701-9394
OVERHANG ELECTRIC POWERLINE EASEMENT
CITY OF BOZEMAN, a political subdivision of the State of Montana, of 111 South
Grand Ave., Suite 203, Bozeman, MT, as "Grantor", in consideration of $1.00 and other
good and valuable consideration, in hand paid, the receipt of which is acknowledged,
does grant and convey to NORTHWESTERN CORPORATION D/B/A NORTHWESTERN
ENERGY, a Delaware corporation, of 11 East Park Street, Butte, MT 59701, as
"Grantee", and to its successors, assigns and apportionees, an easement with a
maximum width of 25 feet wide by 273.3 feet long upon which to construct, operate,
maintain, replace, upgrade, and remove overhead electric powerlines, communications
systems, and necessary appurtenances over, under, along and across that certain real
property located in Gallatin County, Montana, and particularly described as follows:
Township 2 South, Range 6 East, P.M.M.
Section 6: Lots one (1) and twenty four (24) of Block 29 of the Imes Addition to
the City of Bozeman, Gallatin County, Montana, according to the official plat
thereof on file in the office of the Gallatin County Clerk and Recorder [Plat
Reference C-41]. And also a tract of land in that portion of vacated alley, which is
attached to said lots by operation of law pursuant to Ordinance No. 670,
recorded February 19, 1968 in Book 24 of Miscellaneous, Page 327.
EXCEPTING therefrom: Bargain and Sale Deed recorded October 28, 2015,
Instrument No. 2528962.
For an illustration of the approximate location of the easement area, see Exhibit
“A”, attached hereto and by this reference made a part hereof.
THIS EASEMENT shall be limited to the overhang of the powerlines only and shall
not allow the placement of poles or guy wires.
TOGETHER with reasonable right of access to and from the easement area over
lands of the Grantor using existing roads and trails where practicable; the right to use and
keep the easement area free and clear of any and all obstructions or structures, except
fences; and the right to clear and remove all timber, brush, or vegetation outside of the
easement area that may, in the Grantee’s sole opinion, endanger the overhead
powerline, communications system, or necessary appurtenances. The Grantee may
temporarily use an additional workspace as needed adjacent to the easement during
construction.
GRANTOR covenants with the Grantee that the Grantor is lawfully seized and
possessed of the real estate above-described, and that the Grantor has a good and lawful
right to convey it, or any part thereof.
[signature page follows]
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DATED this _______ day of _________________, 2019.
CITY OF BOZEMAN, a political subdivision
of the State of Montana
By:
Its:
STATE OF MONTANA )
)ss.
COUNTY OF GALLATIN )
This instrument was acknowledged before me on , 2019,
by , known to be the
for the City of Bozeman, a political subdivision of the State of Montana.
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Printed Name: ___________________
Notary Public for the State of Montana
Residing at: _____________________
My Commission Expires: ____________
Project: MDT Widening of Intersection of
Rouse Ave. and Tamarack St.
Relocation of OH Lines
Agent: Jeffrey Harmon
Engineer: Matt Micklewright
SAP No.: 24070477-4470
QRM No.
20
25.0'
88.0'
49.4'
32.4'
1565 SF
6.1'
12.7'
71.6'
0.7'
133.6'
139.7'
0.7'
TAMARACK
1 OF 1
Sheet
Attachment to Overhang Electric Powerline Easement dated __________ by and between CITY OF
BOZEMAN, a Montana municipal corporation, as Grantor, to NORTHWESTERN CORRPORATION,
d/b/a NORTHWESTERN ENERGY, a Delaware corporation, as Grantee.
Location of the Overhang Electric
Powerline Easement area.
OWNER:
City of Bozeman
Township 2 South, Range 6 East, P.M.M.
Section 6: Lots one (1) and twenty four (24) of Block 29 of the Imes Addition
to the City of Bozeman, Gallatin County, Montana, according to the official plat
thereof on file in the office of the Gallatin County Clerk and Recorder
[Plat Reference C-41]. And also a tract of land in that portion of vacated
alley, which is attached to said lots by operation of law pursuant to Ordinance
No. 670, recorded February 19, 1968 in Book 24 of Miscellaneous, Page 327.
EXCEPTING therefrom: Bargain and Sale Deed recorded October 28, 2015,
Instrument No. 2528962.
EXISTING BUILDING
PROPERTY
BOUNDARY
EXHIBIT "A"
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