HomeMy WebLinkAbout19 - Bldg J NWE Recorded Utility Easement_09-30-2020 After Recording, Return To: 2702648
NorthWestern Energy Page 1 or 5 09/30/2020 02 03 45 PM Fee $45 00
Lands Permitting Department Illllllllll1lllll1llllllllllllllllllllrllllllllllllllllllllllllllllllllllllllllllllllllll1lin County, MT sc
11 Eastt Park Street �
Butte, MT 59701-1711
CORPORATE UTILITY RIGHT-OF-WAY EASEMENT
CANNERY DISTRICT PARTNERS, LLC, a Montana Limited Liability Company, of 113
East Oak, Suite 4A, Bozeman, MT 59715, and CANNERY DISTRICT PROPERTY
OWNERS ASSOCIATION, a Montana non-profit corporation, of 113 East Oak, Suite 4A,
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, 11 East Park Street, Butte, MT 59701-1711, "Grantee", and to its successors,
assigns and apportionees, an easement to construct, operate, maintain, replace, upgrade,
and remove an electric powerline, a natural gas pipeline, and a communications system,
together with necessary appurtenances, over, under, along and across that certain real
property located in Gallatin County, Montana, and particularly described as follows:
Cannery District Partners, LLC Property:
A portion of Lot J of the Imes Addition to the City of Bozeman of the Amended
Subdivision Plat C-41-M, located in the SW4 of Section 6, 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.
Cannery District Property Owners Association Property:
A portion of Lot 2 of the Imes Addition to the City of Bozeman of the Amended
Subdivision Plat C-41-M, located in the SW4 of Section 6, 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.
*For an illustration of the approximate location of the easement area, see Exhibit"A"
attached hereto and by this reference 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 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 gas line,
communications system, or necessary appurtenances. The Grantee may temporarily use
an additional workspace as needed adjacent to the easement during construction.
GRANTOR covenants 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.
DATED this 0 today of S�A1r 2000
(4nn4 District Partners, LLC JCnne District Partners Property
e Association
B ac
STATE OF
)ss.
COUNTY OF
is instrument was acknowledged before me on 9 20 ZO
by ✓ L. r know to me to be the n , for
Cannery Dis rict Partners, LLC.
(NOTARY SEAL) Notary Signature:
Notary Print Nam f
NICHOLAS WHITE Notary Public forV State of
c,?°�S 4;"y %, Notary Public Residing at OZ7'/T 1q✓t
:for the State of Montana My Commission Expires 20 zZ
Residing at:
;.SEAL. �= Bozeman, Montana
'9 My Commission Expire
of June 08, 2022
STATE OF /Y/on -1Gn ti )
��- )ss.
COUNTY OF
's instrument was acknowledged before me on J 3 , 20 OP
by a r✓ L. ,�roWn know to me to be the A4,e2,aiji ,-r for
Cannery Dist ict Property Owners Association.
(NOTARY SEAL) Notary Signature:
Notary Print Nam -
Notary Public fort tate of
Residing at �►�^
NICHOLAS WHITE 2OZ2
o'1`s M Commission Expires
'�G�•' Sid Notary Public y
for the State of Montana
*_ Residing at:
SEAL.=Q Bozeman, Montana
=q Pam' My Commission Expires:
OF June 08, 2022 I
Project:
Agent: Dylan Swanson
Engineer: Kory Graham
SAP No.:
Q rm#
_ I lop
EXHIBIT "A" (Page 1 of 2)
The following is made part of that certain Corporate Utility Right-of-Way Easement, dated
o ,oza by and between Cannery District Partners, LLC and Cannery District
Property Owners Association as "Grantor" and Northwestern Corporation D/B/A
Northwestern Energy as "Grantee"
A DESCRIPTION OF AN EASEMENT LOCATED WITHIN A PORTION OF LOT J AND LOT 2 OF THE AMENDED SUBDIVISION
PLAT C41-M AND FURTHER DESCRIBED AS BEING LOCATED WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 6,
TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY,MONTANA
� I
10 5 0 10 1
IN FEET
COMMON I EASEMENT DESCRIPTION:
OPEN SPACE An easement in, over, and upon a portion of Lot J and Lot
2 of the Amended Subdivision Plat C-41—M and further
LOT 2 described as being located within the Southwest One
' Quarter of Section 6, Township 2 South, Range 6 East,
Principal Meridian Montana, Gallatin County, Montana, and
being more particularly described as follows:
IBeginning at a Point (POB) that bears N 00'45'22" E a
distance of 12.11 feet from the corner commons to Lot 2,
R=135.00' Lot 6 and Lot J of said Amended Plot, which is a point at
the intersection of the line between Lots 2 and Lot J and
d=01522107" an existing utility easement;
L
CHD BRNG=N18 3125'E • thence leaving said intersection and traveling N 54' 56'
36.10' 14" W along said existing easement for o distance of
CHD LGTH=
/ LOT J 3.76 feet to the beginning of a non—tongential curve;,
• thence along said curve turning to the left through an
/ angle of 15' 22' 07.4", having a radius of 135.00 feet.
S0045'22"W and whose long chord bears N 18' 31' 24.9" E for a
4190' distance of 36.10 feet to a point of intersection with a
/ non—tangential line and also being an existing
\ easement.
• thence leaving said existing easement„ S 00' 45' 22" W
a distance of 41.90 feet to a point on said an existing
easement;
• thence N 54' 56' 14" W along said existing easement
v N54 56'14"W for a distance of 9.58 feet to the POB.
13.34' The area of the easement described herein is 201.59
�6 square feet or .0046 acres, more or less and is subject to
w 9 any easements of record or apparent on the ground.
// 04 Se.
CERTIFICATE OF SURVEYOR
�� O� o I, the undersigned, John R. Pugh, Licensed
T� 6' Z Professional Land Surveyor, do hereby certify that
the attached descriptions ore in accordance with
�C the provisions of the Montana Subdivision and
Platting Act, (MCA 76-3-101 through 76-3-625)
and the Bozeman Munici I code.
DATED his Y�day of ��i 2020.
Jo R. P
ntano 626 LS ,
BASIS OF BEARING:
JOHN R.
PUGH O
US STATE PLANE 1983, MONTANA 2500, NAD 1983, = O 15626 LS
INTERNATIONAL FEET WITH GROUND PROJECTION AT:
�cENS�/
NORTH LATITUDE: 4 —35 -28.99813" �J�..
WEST LONGITUDE: 111'-11'-53.20892" ''• gL N LA ,0%lo`��,``
ELLIPSOID HT: 4926.66 Vt.
��1>+EE9jy STAHLY ENGINEERING & ASSOCIATES EASEMENT EXHIBIT "A" DRAIM ° Pual
t9r C PROFESSIONAL ENGINEERS & SURVEYORS CNEGcED C,POOL
STAHLYI www.seaeng.com LOT 2 AND LOT J DATE: 9/04/2020
2223 UONTANA AVE 3530 CENTENNIAL DR $51 BRIDGER DR STE 1 AMENDED PLAT C-41-M
�gfrythe STE. 201 NELENk MT 59601 DOZEYAN• UT 59715 PAVE
f9(1pjES' BILLINGS. OAT 59,01 Ph*nW(406)N2-659A Ph—(.D6),522-9s26 CANNERY DISTRICT PROPERTY 1 Of 2
1F 0 (4060�1-4062 ro.(a06)u2-e5s7 re�(s06)s27-952e OWNERS ASSOCIATION
EXHIBIT "A" (Page 2 of 2)
The following is made part of that certain Corporate Utility Right-of-Way Easement, dated
��yrErfB�rz 3c�, zv zo by and between Cannery District Partners, LLC and Cannery District
Property Owners Association as "Grantor" and Northwestern Corporation D/B/A
Northwestern Energy as "Grantee"
LOCATION MAP
_ � 1
COMMON OPEN SPACE Variable �zl
Width. v M�
LOT 2 \Utility �a
Esmt �Q�d
10'Wide \
Utility -
Esmt 10' WIDE UTILITY EASEMENT
\ Location of
New Easement
w
\ LOT J
w
MOTs \o I j
C\?
L`ysQ r�r� o \
0,9�Q1
T
City of
Bozeman
Dedicated
Oak St.
ROW
0
V'
50 25 0 53
1N FEET
���NEfyjy STAHLY ENGINEERING & ASSOCIATES EASEMENT EXHIBIT CONTINUED °RA- -1PUGH
t r>R C PROFESSIONAL ENGINEERS & SURVEYORS 0<CxE0 G P=
STAH LY w«w seoeno tom LOT 2 AND LOT J DATE 9/04/2020
2223 UONTANA AVE 3530 CENTENNIAL DR. 851 BROCER DR STE AMENDED PLAT C-41-A1
f STE 201 NEIENA, UT 59601 902EUAN,UT 59715 "
�T4(IRT� BwNCS. uT 591
0
1
Pnwls0eNs2-es9. rw_(AM)522-we CANNERY DISTRICT PROPERTY 2 Of 2
�:0ee)a,ao� rs.(40e)aa2-essr fa-(Wa)s22-9s2e OWNERS ASSOCIATION