HomeMy WebLinkAbout22- Underground Electric and Access Easement - Northwestern Energy - New Hyalite View SubdivisionReturn to:
2769869CityofBozemanp,,e ,of 5 03/11/202203 34:59PM Fee:.00CityClerkEricSemarad-GallatinCounty,MT
PO Box 1230 ||||Il
Bozeman,MT 59771-1230
Recording,Retur :
North ernE
Lands&P Department11EarkStree
e,MT 59701-1711
UNDERGROUND ELECTRIC AND ACCESS EASEMENT AND AGREEMENT
City of Bozeman,a Municipal Corporation ofthe State of Montana,with a mailing address
of 121 North Rouse Avenue,PO Box 1230,Bozeman,MT 59771,the GRANTOR(S),in
consideration of two thousand two hundred and twenty seven dollars ($2,277.00)and
other good and valuable consideration,receipt of which is acknowledged,grant(s)to
NORTHWESTERN CORPORATION,a Delaware corporation,d/b/a NORTHWESTERN
ENERGY,of 11 East Park Street,Butte,Montana 59701-1711,GRANTEE,and to its
successors,assigns and apportionees,an easement to install,construct,operate,
maintain,replace,upgrade and remove an underground electric power line,
communications systems,and necessary appurtenances forthe purpose of transmitting
electricityover,under,along and across a stripof City of Bozeman parkland situated in
Gallatin County,Montana,five feet wide to be located on the following described real
property:
A portion of a park inthe New Hyalite View Subdivision,located in Section 17,
Township 2 South,Range 6 East,P.M.M.,GallatinCounty,Montana,according to
the officialplatthereof on fileand of record inthe officeof the Clerk and Recorder
of GallatinCounty,Montana.
The approximate locationof the easement ismore particularlydescribed on the attached
ExhibitA which by thisreference is made a part hereof.
This grant includes the right of the GRANTEE,its successors,permittees,
licensees,and assigns and itsand theiragents and employees,to enter at alltimes upon
the above-described land by using existingroads or trailsor otherwise by a route causing
the leastdamage and inconvenience to the GRANTOR(S)inorder to survey and establish
the route and locationof the easement and the underground power lineand to:
(1)Construct,operate,patrol,repair,substitute,remove,enlarge,replace,and
maintain the underground power line,services,connections,accessories and
appurtenances;
(2)Support the underground power lineacross drainage areas with structures which
GRANTEE deems necessary.
THE GRANTEEAGREES:
(1)That,in connection with the construction,operating,patrolling,repairing,
substituting,removing,enlarging,replacing,and maintaining of said underground power
line,itwillrepairor replace,at itssole expense,or pay to GRANTOR(S)the reasonable
value of any damages to growing crops,existingfences,ditches and other appurtenances
of said land that may be disturbed by itsoperation,as determined by the GRANTOR,in
a timely manner when weather conditions are conducive.
(2)That itwillnotifythe Parks and Recreation Department priorto any actions that
could interferewith events or seasonal maintenance planned forthe park area.
(3)That,during operations involving excavation,itwillremove the topsoilfrom the
trenched area to a depth of one foot,or to the fulldepth of the topsoil,whichever isless,
and stockpile said top soilfor replacement over the trench.Itwillremove from the site
any large rocks or surplus excavating material or any debris that may have been exposed
by the excavation and remains afterbackfillingiscompleted.And,itwillleave the finished
surface insubstantiallythe same condition as existed priorto the beginning of operations
except that the surface of backfilledareas may be mounded sufficientlyto prevent the
formation of depressions afterfinalsettlement has taken place.
(4)That itwillmonitor the disturbed area for weed emergence and revegetate as
needed for a period of 5 years after the initialinstallationand shall perform at itssole
expense,or pay to GRANTOR the reasonable value for,weed mitigationnecessitated in
the area of disturbance.
(5)That the power linewillbe installedat depth no greater than four feet below the
surface of the existingterrainto avoid conflictswith other public utilitiesin the parkland.
(6)That,priorto construction,itwillpay the City two thousand two hundred seventy-
seven dollars ($2277.00)for the one thousand one hundred (1100)square foot area of
the easement which isbased on the City-adopted appraisal value forparkland ($2.07 per
square feet)and the dimensions of the easement being five(5)feet wide by roughly two
hundred twenty (220)feet in length.
THE GRANTOR(S)AGREES:
(1)At no time willthey modify the finished grade of the land over the underground
powerline by removal of existingsoilor by placement of fillmaterial within the boundaries
of said easement without the priorwrittenconsent of the GRANTEE.
(2)The GRANTOR(S)warrants that they are lawfullyseized and possessed of the
realproperty described above,thatthey have a lawfulrightto convey the property,or any
part of it,and that they willforever defend the titleto thisproperty against the claims of all
persons.
(3)The GRANTEE may peaceably hold and enjoy the rights and privilegesherein
granted without any interruption by the GRANTOR(S).The terms,covenants and
provisions of thiseasement and agreement shallextend to and be binding upon the heirs,
executors,administrators,personal representatives,successors and assigns of the
parties hereto.
DATED this |6 day of r o<y ,2QPd .
ACCEPTED:
City n r
ATTEST:
OFB
City Clerk
STATE OF MONTANA )
)ss.····
County of Gallatin )
On this µday of (irch ,202 2 ,before me,a Notary Public
forthe State of Montana,personally appeared JEFF MlHELICH and MIKE MAAS,known
to me to be the City Manager and City Clerk for the City of Bozeman and the persons
whose names are subscribed to the within instrument,and acknowledged to me thatthey
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy seal on the
day and year firstabove written.
(S )
TAYLOR CHAMBERS
Nota Public forthe State of Montana o Aar orena"s°tao ontanaTSËÃL*Residinoat:
(Prined Name).°2°"'ªn,Montana
Residing at Bozeman,Montana a°na of ³
My Commission Expires:ot/12 /2025
NorthWestern Corporation,a Delaware
Corporation,d/b/a NorthWestern Energy
Roy anian,Manager of Lands &
Permitting
STATE OF MONTANA )
/en4A/JrB#)ss.
County of GaHatilt )
On this i ay of h /(/vd1fAf ,20 E L,before me the undersigned,
a Notary Public forthe State of Montana,pdsonally appeared,Roy Ishkanian,known to
me to be the Manager of Lands &Permitting and the person whose name issubscribed
to the within instrument and acknowledged to me that he executed the within instrument
for and on behalf of NorthWestern Corporation,a Delaware corporation,d/b/a
NorthWestern Energy.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial
Seal the
o MEQ DAVIDMETZGER
<>NoTARY PUBuC forthe
stateofMóntana
(S EAL)*SEAL *
ResidingatBillings,Montana
My commissionExpires
pgo March23,2024
Ndtary ubl c torthe State of Montana
Ô)cu.'Af q -dANJ #if72HX
(Printed Nam
Residing in curw6 4 4 -r
My Commission Expires 6 3 /d /20
Project:BOZ RS 1450 CHERRY DR.
Agent:Dylan Swanson
Engineer:Kory Graham
SAP No.:24137903-1000
QRM #:
Exhibit "A"
The followingismade a part of that certainUnderground ElectricEasement,dated
y frh by and between The Cityof Bozeman,a politicalsubdivisionofthe State of
Montana,as "Grantor"and Northwestern Corporation,a Delaware corporation,d/b/a
NorthWestern Energy as "Grantee".
Alldistances,areas and measurements shown below are approximate and not to scale.
Approx.locationofnew5'*,
UndergroundElectric *,
Easement=
North $
A portion of a park in the New Hyalite View Subdivision,located in Section 17,
Township 2 South,Range 6 East,P.M.M.,GallatinCounty,Montana,according to
the officialplatthereof on fileand of record in the officeof the Clerk and Recorder
of GallatinCounty,Montana.