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Home My WebLink About22- Underground Electric and Access Easement and Agreement - Northwestern Energy - Bozeman Sports ParkReturn to: City of Bozeman City Clerk PO Box 1230 Bozeman,MT 59771-1230 AfterRecor g,ReturnTo: NorthWe rnEnergyLandsPermittingDepartrnent Page:1 of 5 09/30/202212:03:06PM Fee:$40.0011stParkStreetEricSemerad-GallatinCounty,MT MISCBe,MT 59701-1711 IMMEHWillllHRI IIMMMMMWHM UNDERGROUND ELECTRIC AND ACCESS EASEMENT AND AGREEMENT Cityof Bozeman,a Municipal Corporation of the State of Montana,with a mailing address of 121 North Rouse Avenue,PO Box 1230,Bozeman,MT 59771,the GRANTOR(S),in consideration of six thousand and nine hundred dollars ($6,900.00)and other good and valuable consideration,receiptof which isacknowledged,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 itssuccessors,assigns and apportionees,an easement to install,construct,operate,maintain,replace,upgrade and remove an underground electricpower line,communications systems,and necessary appurtenances forthe purpose of transmittingelectricityover,under,along and across a stripof City of Bozeman parkland situated in GallatinCounty,Montana,fivefeet wide to be located on the following described real property: That portion of Tract 1A1A of Certificateof Survey No.2554C,located in the northwest quarter of Section 3,Township 2 South,Range 5 East,Principal Meridian,Montana,City of Bozeman,Gallatin County,Montana,being more particularlydescribed as follows,with allbearings contained herein referenced to the south lineof said Certificateof Survey No.2554C: Beginning at the southeast corner of said Tract 1A1A,monumented with a rebar and yellow plasticcap marked "12251 S";thence N89°50'13"W 200.00 feet along the north right-of-way line of West Oak Street;thence N1°11'33"E 15.00 feet; thence S89°50'13"E 200.00 feetto the west right-of-waylineof Flanders MillRoad; thence S1°11'33"W 15.00 feet along said right-of-wayto the Point of Beginning. The approximate locationof the easement ismore particularlydescribed on the attached ExhibitA which by thisreference ismade 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,itwillrepair or 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 topsoil from the trenched area to a depth of one foot,or to the fulldepth of the topsoil,whichever is less, 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 in substantiallythe 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 forweed emergence for a period of 5 years afterthe initialinstallationand shallperform at itssole expense,or pay to GRANTOR the reasonable value for,weed mitigationnecessitated inthe 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 utilitiesinthe parkland. (6)That,priorto construction,itwillpay the Citysixthousand and nine hundred dollars ($6,900.00)forthe three thousand one hundred (3,000)square foot area ofthe easement which is based on the City-adopted appraisal value for parkland ($2.30 per square feet) and the dimensions of the easement being five (15)feet wide by roughly two hundred twenty (200)feet in length. THE GRANTOR(S)AGREES: (1)At no time willthey build,construct,erect or maintain any permanent structure within the boundaries of said easement without the priorwritten consent of GRANTEE. (2)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. (3)The GRANTOR(S)warrants that they are lawfullyseized and possessed of the real property described above,thatthey have a lawfulrightto convey the property,or any part of it,and thatthey willforever defend the titleto thisproperty against the claims of all persons. (4)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 day of e ,20%. ACCEPTED: Cl OF N . B City er' ATTEST: City Clerk STATE OF MONTANA ) " )ss. County of Gallatin ) On this 2 3 day of 8Oißm hPf ,2021 ,before me,a Notary Public forthe State of Montana,personaíly 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 forand 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. (SE A-TAYLOR CHAMBERNota'Ticforthe State of Montana o NotaryPubHc.fortheStateofMontana (Prin d Name)soze * "do'nt6 Residing at Bozeman,Montana My commissionexpiro, My Commission Expires:01/17-/20 26 °""ª*'2 2°25 NorthWestern Corporation,a Delaware Corporation,d/b/a NorthWestern Energy Roy idilbfnian,Manager of Lands & Permitting STATE OF MONTANA ) )ss. County of Gallatin ) On thisÑday of ,20 N ,before me the undersigned, a Notary Publicfor the State of Montana,personally appeared,Roy Ishkanian,known to me to be the Manager of Lands &Permittingand the person whose name issubscribed to the within instrument and acknowledged to me that he executed the withininstrument 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 affixedmy Notarial Seal the day and year firstabove written. (SEAL) p DYLAN SWANsONO+4($NOTARYPUBLICforthe Notary Public for St e *SEAL Residgat e ontana..My CommissionExpires(PrintedName)' /orMo*June4.2023 Residing in My Commission Expires //20 Project:BOZ CA 21BOZ OHCA BOZEMAN WESTSIDE Aqent:Dylan Swanson Enqineer:Tom Stewart SAP No.:24125676-4400 QRM #: Exhibit "A" The followingismade a part of that certainUnderground ElectricEasement,dated by and between The Cityof Bozeman,a politicalsubdivisionof the 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 toscale. BaxterLn HarvestPkwy 2s 5E 03 Approx.locationofnew 15'x200'Underground ElectncEaserrrrrr·a O A North ITrTr w ook st That portionofTract1A1A ofCertificateofSurveyNo.2554C,locatedinthenorthwestquarterof Section3,Township 2 South,Range 5 East,PrincipalMeridian,Montana,CityofBozeman,Gallatin County,Montana,beingmore particularlydescribedas follows,withallbearingscontainedherein referencedtothesouthlineofsaidCertificateofSurveyNo.2554C: BeginningatthesoutheastcornerofsaidTract1A1A,monumented witha rebarand yellowplastic cap marked "12251 S";thenceN89°50'13"W 200.00feetalongthenorthright-of-waylineofWest Oak Street;thenceN1°11'33"E15.00feet;thenceS89°50'13"E200.00feettothewest right-of-way lineof FlandersMillRoad;thence S1°11'33"W 15.00feetalongsaidright-of-wayto the Pointof Beginning.