HomeMy WebLinkAbout07- Underground Electric Easement from City of Bozeman to Northwestern Energy
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After Recording, Return To:
City Clerk
PO Box 1230
Bozeman, MT 59771
EASEMENT - UNDERGROUND ELECTRIC
The CITY OF BOZEMAN, a municipal corporation of the State of Montana, with offices at 411
East Main, Bozeman, MT 59715, "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, 40 East Broadway, Butte, MT 59701-9394, "Grantee", and to its successors, assigns
and apportionees, an easement ten (10) feet in width, upon which to construct, operate, maintain,
replace, upgrade, and remove an underground electric powerline, communications system, and
necessary appurtenances, over, under, along and across that certain real property located in
Gallatin County, Montana, and particularly described as follows:
TOWNSHIP 2 SOUTH. RANGE 5 EAST. P.M.M.
SECTION 2, NW 1/4: more particularly described as an utility easement within West
Winds Major Subdivision Phase 2A as depicted on the attached Exhibit A , which by this
reference is made a part hereof, and as described below:
An easement being a 10.00 foot wide strip of land along the following alignment;
Commencing at the southwest corner of West Winds Major Subdivision Phase 2A
Township 2 South, Range 5 East, P.M.M., N68047'56"E a distance of 157.00 feet along
the southern boundary of West Winds Major Subdivision Phase 2A to the True Point of
Beginning (P.O. B.);
Thence along said curve to the right having an arch length of 109.60 feet, radius of
348.20 feet, central angle of 18002'06", and chord bearing N82016'30"E a distance of
109.15 feet to a point of curvature concave southerly, thence N88012'21"W a distance of
79.16 feet, thence S01024'39"W a distance of 356.80 feet, thence along said curve to
the right having an arch length of 116.27 feet, radius of 230.00 feet, central angle of
28057"49", and a chord bearing N16016'34"E a distance of 115.03 feet to a point of
curvature concave southeasterly, thence N30045'23"E a distance of 67.81 feet to a 12'
utility easement on the south side of Tschache Lane.
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 powerline, communications system, or necessary
appurtenances.
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Charlotte Mills-Gallatin Co MTMISC 21.00
THE GRANTEE shall notify the City of Bozeman Park and Recreation Department prior to
any work within or adjacent to the easement. In the event of an emergency, the Grantee shall
have the right to access the property without prior notice to the Grantor. The Grantee shall repair
or replace, at its sole expense, any damages to existing vegetation or other appurtenances of said
land that may be disturbed by the work and will leave the finished surface in substantially the
same condition as existed prior to beginning the work.
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THE GRANTOR covenants with the Grantee that the Granto!.. te:kr.W~' 'Seized and
possessed of the real estate above-described, and that the Grantor h~Q)~~ . ,rul right to
convey it, or any part thereof. .....~. ~~ 'c. b 1) '. ..t_. ,
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DATED this t 1/ day of 2007. ':,;: !;':~tfn~' ';j" .;.......~' -.
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. Attest:
City Manger
STATE OF MONTANA )
)55.
COUNTY OF GALLA~ )
On this 12- day of MA.-cA , 2007, before me, a Notary Public for
the State of Montana, personally ap~CHRIS A. KUKULSKI and BRIT 1. FONTENOT,
known to me to be the City Manager and City Clerk, respectively, of 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 hereun
day and year first above written.
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and affixed my Notarial Seal the
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Charlotte Mills-Galla~in_Cc: MTMIS~ 21.,00
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EXHIBIT A
PORTION OF FINAL PLAT OF THE
WEST WINDS MAJOR SUBDIVISION PHASE 2A,
SITUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M.
GALLATIN COUNTY, MONTANA
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PARK AREA~
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EXHIBIT A
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UNDERGROUND ELECTRIC EASEMENT
04S067.124 I 5/1/07
POWER EASEMENT.DWG
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Charlotte Mills-Gallatin Co MTMISC 21.00