HomeMy WebLinkAbout21- Utility Right of Way Easement - Northwestern Energy Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTED r
After Record' , Return To:
LandNorths es n Energy 2724324
Lands ermitting Department
11 E t Park Street Page: 1 of 4 03/12/2021 03:05:31 PM Fee: $38.00
Bytte MT 59701-1711 Eric Se er d
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UTILITY RIGHT-OF-WAY EASEMENT
CITY OF BOZEMAN, a political subdivision of the State of Montana, of PO Box 1230,
Bozeman, MT 59771, "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, 11 East Park Street, Butte, MT 59701-1711, "Grantee", and to its successors,
assigns and apportionees, an easement to construct, operate, maintain, replace, upgrade,
and remove an electric powerline, a natural gas pipeline, and a communications system,
together with necessary appurtenances, over, under, along and across that certain real
property located in Gallatin County, Montana, and particularly described as follows:
That portion of the abandoned Chicago, Milwaukee, St.
Paul and Pacific Railroad Company's right of way located
in Section 31, Township 1 South, Range 6 Bast, M.P.M. ,
Gallatin County, Montana, which is adjacent to that
parcel described in Exhibit ^A" attached hereto, and
which is located between the South boundary line of
Bridger Drive and the South boundary line (extended) of
said parcel as described in Exhibit "A". Said right of
way being as shown on that certain right of way and track
map filed 9-25-85 at 11:57 ,A.M. under Permanent File No.
770-C in the office of the Clerk and Recorder for
Gallatin County, Montana.
*For an illustration of the approximate location of the easement area, see Exhibit "B"
attached hereto and by this reference made a part hereof.
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 gas line,
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.
DATED this 12 day of a���, , 20 Zz_.
City Of Bozeman
tle:
STATE OFM0I44A/ tk )
)SS.
COUNTY OF S Gl )
his instr�^ment was acknowledged before me on l�At� �� , 20/,
b � I"�I Y 1IL I ch know to me to be the for
the City of Bozeman.
(NOTARY SEAL) Notary Signature: l ;�
"< BERNADETTE A MASSEY Notary Print Name: r A S
TTEq Notary Public for the State of.Notary Public ry -
aoU q4`Igtfor the State of Montana Residing at c� zkyi"��VI
*_ Residing at: M Commission Ex fires „ . 2
703
SEAL.-', Bozeman, Montana y p �� 0
9 ?,° My Commission Expires:
May 23,2023
Project: N/A
Agent: Dylan Swanson
SAP No.: 23157709-0010
Qrm#
Exhibit "A"
The following is made a part of that certain Utility Right-Of-Way Easement, dated
by and between the City of Bozeman as "Grantor" and Northwestern
Corporation D/B/A North Western Energy as "Grantee".
A tract of land in the Southeast % of the Southeast % of Section
31, Township 1 South, Range 6 Bast, M.P.M. , Gallatin county,
Montana, more particularly described as follows: Beginning at a
point on the Westerly right of way line branch of the Chicago,
1ilwaukee, St. Paul and Pacific Railways Menard Branch, which
point is North 01-30109" west on and along the East line of Section
31, a distance of 385.43 feet and South 88*33139" West, a distance
of 126.05 feet from the Southeast corner of said Section 31, thence
South 88'33139" West, a distance of 361. 79 feet, thence South
80'09'35" West, a distance of 141.89 feet, thence North 33'50" West
a distance of 639.5 feet to a point on the Southerly right of way
of the Bridger Canyon Road as now laid out and constructed, which
point is 70 feet Southerly when measured at right angles to
Centerline Curve Station 43+76.0, thence on and along the right of
way curare, having a radiui-4 of 1076 feet and through a central angle
of 7-30,14", a distance of 140.92 feet to the point of tangent of
a 5'00' curve right, thence North 89'55' East on and along said
right of way, a distance of 698.40 feet to a point on the Westerly
right of way of the Chicago, Milwaukee, St. Paul and Pacific
Railway Company's Menard Branch, thence South 01`29136" East along
said railway right of way, a distance of 388.92 feet to a point
50.0 feet westerly when measured at right angles to the Railroad
Centerline point of curvature at Station 1200+71.90, thence along
the right of way curve having a radius of 1482.50 feet and through
a central angle of 04*33146", a distance of 118.05 feet to the
point of beginning. According to Survey recorded in Film 9, Page
1202, records of Gallatin County, Montana.
(Deed Ref: Film 92, Page 4538)
L\2321—HRDC\-00419-8Idger V—Redevelopment\D4.G\Surv,A2 321-0041 9 COB Esmt Exhihil.dwg,8.5 X 14(p.,V0Q, Plotted: Apr 07, 2020— 9;59om,jpugh
EXHIBIT "B"
TO DESCRIBE A PROPOSED PUBLIC UTILITY EASEMENT
WITHIN A TRACT OF LAND OWNED BY THE CITY OF BOZEMAN (COB)
Described within Fm152Pg2244 of the records of the Gallatin County Clerk and Recorder Office in Bozeman, Montana.
Located in the South East One Quarter of Section 31,Township 1 South, Range 6 East,
Principle Meridian Montana, City of Bozeman, Gallatin County, Montana
BRIDGER W
DRIVE
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Existing Utilities In I I
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Existing Utilities i I M
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PC/PT 0 0
Existing Utilities In 29.00' I �I 30.01•
COB Property.
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R=1449;56; I I (60' ESMT)
A=010'00 09 I I X o
L=253.06' w o U,U —�
CHD BRNG—SO4`24'27"E I I Existing
90' ESMT
CHD LGTH=252.74' I DOC#2281
R=1429.56' A
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L=253.22 0� a Vol
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CHD BRNG=SO4*28'43 E I v� �°y�Q 00
CHD LGTH=252.89'
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