HomeMy WebLinkAbout11- Northwestern Energy Right of Entry Agreement for Rouse Ave.This Agreement is made by and between the CITY OF BOZEMAN,
"Grantor", and NORTHWESTERN CORPORATION M /a/ NORTHWESTERN
ENERGY, a Delaware Corporation, of 40 East Broadway, Butte, MT 59701-9394
"Grantee", on this 2�1— day of August, 2011.
Whereas, Grantee has an opportunity to replace a natural gas
transmission line within Rouse Avenue right-of-way in coordination with a
Montana Department of Transportation project.
Whereas, the most effective and convenient means of placing said
pipeline in Rouse Avenue right-of-way requires the temporary use of Grantor's
property, more particularly described below;
Whereas, Grantor and Grantee are currently in the process of a
negotiating a buy/sell agreement;
Whereas, Grantor is willing to provide such access upon the terms and
conditions contained Iherein.
Now therefore, Grantor hereby grants to Grantee access to its property
upon which to stage equipment over, under, along and across that certain real
property located in Gallatin County, Montana, and particularly described as
follows:
TOWNSHIP 2 S, RANGE 6 E, P. M. M.
Section 6: Staging area and access as shown on the attached Exhibit A,
incorporated herein and made a part hereof.
Access is granted subject to the following terms and conditions:
1. Grantee acknowledges that it is proceeding with this construction at its
own risk. Grantee acknowledges that if the proposed buy/sell
agreement with the Grantor fails to close, then Grantee shall remove
its pipe from the Grantor's property and restore the property to as
near its original condition as reasonably possible.
2. Trench excavations must be backfilled to produce a neat and clean
grade matching back to existing ground that is free of weeds,
3. Any damage to Grantor's property occurring as a direct result of
equipment staging, material storage, and execution of work shall be
repaired to original condition in a workmanlike manner at the sole
expense of the Grantee.
4. Prior to initiating pipeline work, Grantee agrees to construct a gravel
access drive within the entire east-west portion of the 20' wide access
easement denoted on the attached Exhibit A.