HomeMy WebLinkAbout99- Montana Power Company-Oak St.
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ELECTRlC POWERLINE EASEMENT
fILM 204PACt1349
The City of Bozeman, of Bozeman, Montana, "Grantor", in consideration of $1.00 and other
good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, does
hereby grant and convey to THE MONT ANA POWER COMPANY, a Montana corporation, of
40 East Broadway, Butte MT 59701-9394, "Grantee", and to its successors, assigns and
apportionees, and easement 25 feet in width upon which to construct, operate, maintain, replace,
upgrade, and remove an electric powerline, communications system, and necessary appurtenances
and any guy wires, which may extend beyond the easement width, over, under, along and across
that certain real property located in Gallatin County, Montana, and particularly described as
follows:
The "Public Park" tracts of Annie Subdivisions Phases I and II located in Section ---L..,
Township 2 South , Range 5 East, P.M.M.. The centerline of said easement is more
particularly described as follows: Commencing at the southwest corner of the Tract
identified as "Rose Park", AlU1ie Subdivision Phase II; thence northerly along the west
line of said Rose Park a distance of 37.50 feet to the true point of begilU1ing; thence
N 890 22' 10" E a distance of 684.19 feet more or less to the east line of the Public Park
tract of Annie Subdivision Phase I, the end of said easement, as shown on the attached
Exhibit A, which by this reference is made a part hereof.
TOGETHER with reasonable right of access to and from the easement area over lands of the
Grantor using existing roads and trials where practical; 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 from the easement area ...l2.. feet on each side of the
powerline and to cut and remove such timber, brush and vegetation outside of the easement that
may in the Grantee's opinion endanger the powerline, communications system, necessary
appurtenances or guy wires.
THE GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seized and
possessed of the real estate above-described, and that the Grantor has a good and lawful right to
convey it, or any part thereof.
THE GRANTOR reserves the right to occupy said Easement with roadway improvements
including but not limited to structural material, sidewalks, curb and gutter, pavement, and
driveway approaches, and the right to cross said Easement with public utility mains or services.
The Grantor reserves the right to require the Grantee to adjust or relocate its facilities if said
facilities conflict with proposed roadway or utility improvements.
DATED this
19th day of
July
19~.
CITY OF BOZEMAN
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By:
Clark V. Johnson
City Manager
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ATTEST:
G!,j~ L ~~IA/1~
Clerk of the Commission
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STATE OF MONT ANA )
)ss.
County of Gallatin) f !LM 204 ?ACf1350
On this ('1 '111 day of rhll J , 199.9, before me, a Notary Public for
the State of Montana, personally ap~LARK V. JOHNSON and ROBIN L. SULLIVAN,
known to me to be the City Manager and Clerk of the Commission, 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 hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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for record this _ day of , 19_, at
recorded In
County of , State of Montana.
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CLERK AND RECORDER
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ROSE PARK
(Public pen.)
11.512 ACS.
LOT 5
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402512
S.ate at Mont., Coun1y of Galla"n. ss Filed for record OCTOBER 22 , 1999
at 11 : 55 A. M., and recorded in BtDk -=o~ of MISCELLANEOUS page13zg--
"","all,., ~l'8.~,_'g Recorder. By ~.4-- ,70...-----Deputy
FEE: $l~O (eRG) ~,
RT: CITY OF BOZEMAN