HomeMy WebLinkAboutResolution No. R21-108 - Fail - 4-2RESOLUTION NO. R21-108
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN UNDERGROUND GAS PIPELINE EASEMENT FOR
NORTHWESTERN CORPORATION D/B/A NORTHWEST ENERGY FOR THE
PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING AN
UNDERGROUND PIPELINE TO BE INSTALLED AND LOCATED UNDER THE CITY'S
RIVERSIDE PARK.
WHEREAS, an "Underground Gas Pipeline Easement" between the City of Laurel as Grantor and the
Northwestern Corporation d/b/a Northwest Energy as Grantee has been negotiated and prepared by the parties;
and
WHEREAS, a copy of the Easement and Map (Exhibit A) detailing the location of the pipeline to be
installed is attached hereto and incorporated herein; and
WHEREAS, the issuance of the easement is in the best interests of the City and Northwest Energy.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts and approves the
attached Underground Gas Pipeline Easement and Exhibit A and authorizes the Mayor and Clerk Treasurer to
execute the same on the City's behalf.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council Member
McGee.
KOMI
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of October
APPROVED by the Mayor this 12"' day of October 2021.
CITY OF LAUREL
Thomas C. Nelson, Mayor
ATTEST:
Bethany Langve, Clerk -Treasurer
Approved as to form:
Sam S. Painter, Civil City Attorney
R21-108 Approve Northwest Energy Easement
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RETURN TO:
NORTHWESTERN ENERGY
Lands & Permitting Department
11 East Park Street
Butte, MT 59701-1711
UNDERGROUND GAS PIPELINE EASEMENT
CITY OF LAUREL, PO Box 10 Laurel, MT 59044-0010, ("GRANTOR"), in consideration of an
annual payment of $500.00 and other good and valuable consideration, in hand paid, the receipt
of which is acknowledged, does grant and convey to NORTHWESTERN CORPORATION, a
Delaware corporation, d/b/a NORTHWESTERN ENERGY, ("GRANTEE"), of 11 East Park
Street, Butte, Montana 59701-1711, its successors, assigns, and apportionees, a permanent
easement forty feet (40') in width, upon which to construct, operate, maintain, replace, upgrade,
and remove a natural gas transmission pipeline, together with all necessary appurtenances, over,
under, along, and across that certain real property located in Yellowstone County, Montana,
and particularly described as follows:
TOWNSHIP 2 SOUTH, RANGE 24 EAST, M.P.M.
SECTION 15: Tract 1 of Certificate of Survey 3387, as described on Document No.
SP3491272, recorded 1/9/2009, with Clerk and Recorder of Yellowstone County, MT
as shown on Exhibit "A" attached hereto and made a part hereof.
NOTE: The permanent easement will be centered off the installed gas transmission line
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 permanent structures, except fences and walking paths;
and the right to clear and remove all timber, brush or vegetation ONLY from any maintenance
area of the easement that may, in Grantee's sole opinion, endanger the pipeline, or necessary
appurtenances. Grantee will not clear cut the easement path at any time.
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.
The annual payment shall be due by Grantee and paid to Grantor each year on the
anniversary date of the final date of execution of this easement by Grantor.
DATED this day of 20_
GRANTOR: City of Laurel
By: Its:
By: Its:
(Acknowledgements appears on following page)
STATE OF )
)ss.
COUNTY OF )
This document was acknowledged before me on
20_, by
Of the City of Laurel, Montana
the
(fdr;T/ F-v-F:/.f_) Notary Signature:
Notary Print Name:
Notary Public for the State of
Residing at
My Commission Expires 20
Project: Gas Line Project
Sap No.
Acquired by:
Qrm#
STATE OF )
COUNTY OF
This document was acknowledged before me on
20_, by , the
Of the City of Laurel, Montana
Notary Signature:
Notary Print Name:
Notary Public for the State of
Residing at
My Commission Expires 20
Project: Byron Gas Line Project
Sap No.
Acquired by: R.Ishkanian/C. Smith
Qrm# 26000500-0110
Exhibit "A"
The following is made a part of that certain Underground Gas Pipeline Easement dated by
and between City of Laurel, Montana. "Grantor" and Northwestern Corporation, a Delaware corporation,
d/b/a NorthWestern Energy "Grantee"
TOWNSHIP 2 SOUTH, RANGE 24 EAST, M.P.M.
SECTION 15: Tract 1 of Certificate of Survey 3387, as described on Document No. SP3491272, recorded
1/9/2009, with Clerk and Recorder of Yellowstone County, MT
YELLOWSTONE RIVER
/
NEW RNV
Total Length = 441
Total Area = 17,852.1 Sq. FL
Total Acres = 0.41
YELLOWSTONE RIVER
Property Line
Proposed Bore -- ---_\
Byron Line 8" Pipeline
Ar --
CITYOFLAUREL
$15. T02 S. R24 E. C.O S. 3381. PARCEL 1. (10)
New RIN
'— Property Line
Begin Bore,.
ZITO BROTHERS LLC
ZITO BROTHERS LLC
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Nor& 1�I w
Byron Line 8" Crossing
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CM Of Laurel Property
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TOWNSHIP 2 SOUTH, RANGE 24 EAST, M.P.M.
SECTION 15: Tract 1 of Certificate of Survey 3387, as described on Document No. SP3491272, recorded
1/9/2009, with Clerk and Recorder of Yellowstone County, MT
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= EXHIBIT A =
Celdie o1 40' .wvRs,t. R \
-b fsdina o/ Proposed new P1pIMa b
RONhe of 40' ..t.
`High wotw Ime Par . ne 2021 BNd wrwy
one august 2019 aerial photo. (TO.)
= BORE DETAILS =
TOTAL LENGTH — 2021.59'
EASEMENT AREA - 80,944 Sq. Ft.
— 1.858 A.
fiPGt of e
C/5
R1�j9
Exit
NORTNWSiERN M?PGRARON
DBA 10RM*ES7ERN ENERGY
SCALE: I' = 200'