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Home My WebLink About22 - Easement Type Unknown - NORTHWESTERN ENERGY - Tract 1A1A of Certificate of Survey No. 2554C Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 After Ye, MT or ' g, Return To: �� Nrn Energy Lrmitting Department Page, 1 or 5 09/30/2022 12 03:06 PM Fee: $40.00 1k Street Eric Semerad - Gallatin cou„iv, Mr Mrsc B9701-171, IIIIIII IIIIII IlII II11 IIIII hil 111111111111 III 11111 IIIII 1111 IN 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 six thousand and nine hundred dollars ($6,900.00) 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: That portion of Tract 1 Al A of Certificate of 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 particularly described as follows, with all bearings contained herein referenced to the south line of said Certificate of Survey No. 2554C: Beginning at the southeast corner of said Tract 1A1A, monumented with a rebar and yellow plastic cap marked "12251 S"; thence N89050'13"W 200.00 feet along the north right-of-way line of West Oak Street; thence N1011'33"E 15.00 feet; thence S89°50'13"E 200.00 feet to the west right-of-way line of Flanders Mill Road; thence S1°11'33"W 15.00 feet along said right-of-way to the Point of Beginning. 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. 2787839 Page 2 of 5 09/30/2022 1 2:03:06 PM 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 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 backfil ling 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 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 six thousand and nine hundred dollars ($6,900.00)for the three thousand one hundred (3,000) square foot area of the 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 will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) 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. (3) 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. (4) 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. DATED this I day of 5 e,p"6t_,r , 20aa 2787839 Page 3 of 5 09/30/2022 1 2:03:06 PM ACCEPTED: CI OF N B City err ATTEST: City Clerk STATE OF MONTANA ' � ., a. ro ) ss. County of Gallatin ) On this 2 3 day of S r 202 2 , 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. {SE `,., a c �y�F^ TAYLOR CHAMBERS Notary lic T61m he State of Montana 1.- 07A8 .�_ Notary public N A<•cn_for the state of Montana * * = Residi {Print d Name) .S AL' 1 Bozeman, Montana Residing at Bozeman, Montana `'�oFMo .° MyCom"'issionExpires: ,,,, January i 2,2025 lF p.nl M1,�\, My Commission Expires:o►/ M /20 ZS 2787839 Page 4 of 5 09/30/2022 12.03.06 PM - Northwestern Corporation, a Delaware Corporation, dlbla NorthWestern Energy Roy Akghian, Manager of Lands & Permitting STATE OF MONTANA ) ) ss. County of Gallatin ) On this 10day of wk V 20 as , before me the undersigned, a Notary Public for the Sta#e of Montana, personally 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 day and year first above written. (SEAL) �P�SWgNs DYLAN SWANSON o� apTAAlq 02 NOTARY PUBLIC for the Notary Public for,14St e f M013tana SEAL State of Montana Residing at Butte, Montana Printed Name 9T�OF 0� MY Commission Expires ) M June 4,2023 Residing in 7 My Commission Expires 1 /20 Project: BOZ CA 21BOZ OHCA BOZEMAN WESTSIDE Agent: Dylan Swanson Engineer: Tom Stewart SAP No.: 24125676-4400 QRM #: 2787839 Page 5 of 5 09/30/2022 12.03.06 PM Exhibit "A" The following is made a part of that certain Underground Electric Easement, dated 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. _Baxter L� — --T-- II '_ P0 For�ge0 Harvr-It Pkwylyl 04 tr 2 S S E 03 e Approx.location of new :5'x 2W Undergrocrd c Electric Eased North IN Ojk St That portion of Tract 1A1A of Certificate of 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 particularly described as follows, with all bearings contained herein referenced to the south line of said Certificate of Survey No. 2554C: Beginning at the southeast corner of said Tract 1A1A, monumented with a rebar and yellow plastic cap 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 feet to the west right-of-way line of Flanders Mill Road; thence S1°11'33"W 15.00 feet along said right-of-way to the Point of Beginning.