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Home My WebLink About22 - Easement Type Unknown - Northwestern Energy - New Hyalite View Subdivision Return to: 2769869 City of Bozeman City Clerk Page: 1 of 5 03/1112022 03:34:59 PM Fee: $40.00 Eric So orad — Galiatin County, MT MISC PC) Box 1230 I lllllll 1111111111111111111111111111111111111111111111111 E1111111111111111111111111 `:3ozeman, MT 59771-1230 >Land & ing, Retur E Department Stree 701-1 7 1 1 UNDERGROUND ELECTRIC AND ACCESS EASEMENT AND AGREEMENT City of 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 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 for the purpose of transmitting electricity over, under, along and across a strip of 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 in the New Hyalite View Subdivision, located in Section 17, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. The approximate location of the easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the underground power line and 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 line across drainage areas with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said underground power line, it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing fences, ditches and other appurtenances 2769869 Page 2 of 5 03/11/2022 03:34:59 PM of said land that may be disturbed by its operation, as determined by the GRANTOR, in a timely manner when weather conditions are conducive. (2) That it will notify the Parks and Recreation Department prior to any actions that could interfere with events or seasonal maintenance planned for the park area. (3) That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said top soil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. (4) That it will monitor the disturbed area for weed emergence and revegetate as needed for a period of 5 years after the initial installation and shall perform at its sole expense, or pay to GRANTOR the reasonable value for, weed mitigation necessitated in the area of disturbance. (5) That the power line will be installed at depth no greater than four feet below the surface of the existing terrain to avoid conflicts with other public utilities in the parkland. (6) That, prior to construction, it will pay 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 is based on the City-adopted appraisal value for parkland ($2.07 per square feet) and the dimensions of the easement being five (5) feet wide by roughly two hundred twenty (220) feet in length. THE GRANTOR(S) AGREES: (1) At no time will they modify the finished grade of the land over the underground powerline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (2) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. -44N DATED this IS day ofc�r.��-y 2CP,�L 2769869 Page 3 of 5 03/11/2022 03:34:59 PM ACCEPTED: CI F By City n r ATTEST: J p�Le Bt;,,,`�ti City Clerk * = =�A STATE OF MONTANA ) 7' :•�. ss. County of Gallatin On this I—day of I4cirGl 202 Z , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. Ata gnu TAYLORe>; CHAMBERSd'= Not$ PublicPublic for the State of Montana '.N=for the Sia a of Montana AtAf�ryx .'*_ Residing at: q Bozeman, Montana (Pri d Name) PJResidin at Bozeman Montana � MYCommiss'on Expires:g January 12,2025 My Commission Expires:01 / 12 /20Z5 2769869 Page 4 of 5 03/1 1/2022 03.34.59 PM NorthWestern Corporation, a Delaware Corporation, d/b/a NorthWestern Energy Roy I anian, Manager of Lands & Permitting STATE OF MONTANA ) yzc*u4t.1_S7-P''`) S s. County of Gaf+attff ) On this T day of 6115 20 Z Z-, before me the undersigned, a Notary Public for the State of Montana, p sonally appeared, Roy Ishkanian, known to me to be the Manager of Lands & Permitting and the person whose name is subscribed 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 _ ..,NO MEr2G DAVID METZGER p� �os'R''l, F9 NOTARY PUBLIC for the (SEAL SEAL state of Montana Residing at Biltings,Montana My Commission Expires �TF F 40 March 23,2U4 Notary u lic for the State of Montana (Printed Nam Residing in My Commission Expires G I ,1 '�, 120-y Project: BOZ IRS 1450 CHERRY DR. Agent: Dylan Swanson_ Engineer: Kory Graham SAP No.: 24137903-1000 QRM #: 2769869 Page 5 of 5 03/11/2022 03:34:59 PM Exhibit "A" The following is made a part of that certain Underground Electric Easement, dated K*"z I by and between The City of Bozeman, a political subdivision of the State of Montana, as "Grantor" and Northwestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy as "Grantee". All distances, areas and measurements shown below are approximate and not to scale. b as 0 COP 0 \b VA • • •• ` • Z ` Approx.location of new 5' ` • Z''y Underground Electric Easement= a n+■••• ` � ev _ tz ^ •p'`� � .bow• i3 V O North ♦° n ;, a a y\ . � tj •oa k ♦t. A portion of a park in the New Hyalite View Subdivision, located in Section 17, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana.