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HomeMy WebLinkAbout19- Overhang Electric Powerline Easement - Northwestern Corporation dba Northwestern Energy - Rouse and Tamarack Intersection 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] DATED this day of 2019. CITY OF BOZEMAN, a political subdivision of the St a of Monta By: Its: (�)-,A STATE OF MONTANA ) )Ss. COUNTY OF GALLATIN ) This instrument was acknowledged before me on Sr , 2019, by e_, -�;, _ ._r7 � , known to be the for the City of Bozeman, a political subdivision of the State of Montana. " 'S" �' ENDA SWEENEY 1 `"FF' Notary Public Printed Name: 'b mNOTnaiq� for the State of Montana Notary Public for the State of Montana .SEAL. Residing at: * Bozeman, Montana Residing at: My Commission Expires: My Commission EXpiFe$: "9 December 02,2022 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. EXHIBIT "A" Nort.hVF'estern F(' 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. ,T---- -- ---- --------T. s TAMARACK - 12.7' ------------------ 133.6' - .0'- - i Location of the Overhang Electric j 1565 SF �So. Powerline Easement area. 39 i ,7 OWNER: City of Bozeman Township 2 South Range 6 East P.M.M. EXISTING BUI-LD1 G Section 6: Lots one(1)and twenty four(24) of Block 29 of the Imes Addition PROPERTY to the City of Bozeman, Gallatin County, Montana, according to the official plat BOUNDARY 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. 0 20' 40' 60' s E� w SCALE I 10F1