HomeMy WebLinkAboutResolution No. R21-121 - Fail - 3-2RESOLUTION NO. R21-121
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 BENEATH THE
CITY'S RIVERSIDE PARK.
WHEREAS, the City and Northwest Energy's previous negotiated agreement was not approved by the
City Council and both Parties, by and through their authorized representatives, negotiated a new Easement that
contains newly proposed terms and conditions; and
WHEREAS, the most recent Easement entitled "Underground Gas Pipeline Easement" between the
City of Laurel as Grantor and the Northwestern Corporation d/b/a Northwest Energy as Grantee has been
approved as an offer to the City Council by Northwest Energy for consideration and approval; and
WHEREAS, the Parties have agreed to an increase in the annual fee and a one-time cash gift to be
utilized for park improvements as provided in the attached documents; and
WHEREAS, a copy of the Easement and Map (Exhibit A) detailing the terms of the Easement and
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 all Parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the offer 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 November 10, 2021, by Council
Member McGee.
PASSED and APPROVED by the City Council of the City of Laurel this 10 day of
November 2021.
APPROVED by the Mayor this lo' day of November 2021.
CITY OF LAUREL
Mayor
ATTEST:
Bethany Langve, Clerk -Treasurer
Approved as to form:
Sam S. Painter, Civil City Attorney
R21-121 Approve Northwest Energy Easement 2nd
F \ Ra 3-2
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 $1,500.00 and a one-time gift of $15,000.00 to enhance the City Park, as
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, four hundred forty six and a half feet (446.5')
in length and 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
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(Acknowledgements appears on following page)
STATE OF )
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This document was acknowledged before me on
20_, by
Of the City of Laurel, Montana
STATE OF
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COUNTY OF
the
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#
This document was acknowledged before me on
20_, by
Of the City of Laurel, Montana
WII-gFIf"P)'f--J:M9)
the
Notary Signature:
Notary Print Name:
Notary Public for the State of
Residing at
My Commission Expires 20
Project: Byron Gas Line Proiect
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"
YELLOWSTONE RIVER
NEW RAN
Total Length = 448.6
Total Area = 17,852.1 Sq. FL
Total Acres 0.41 YELLOWSTONE RIVER -Property Line
Proposed Bore —
Byron Line 8' Pipeline \
CITY Of LAUREL
SIS. T02 S. R34 E CO. S. 3387. PARCEL 1.(10) �-
New R,W
Property Line
Begin Bore
IITO BROTHERS LLC
LTO BROTHERS LLC
!Ri"Ui Byron Lim 8' Crossing
MOW City Of Lowell Property
Exhibit A� +�
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