HomeMy WebLinkAboutDeed Restriction 2019 - signed DEED RESTRICTION
UNNAMED TRIBUTARY OF EAST CATRON
COVENANT OF DEDICATION
Graf Apartments LLC and Nexus Point LLC, represented by Will Ralph and Steve Moore
respectively,(hereinafter referred to as the"Permittees")now stipulate to the following statements of fact,
and further agree to restrict the use and title of the realty described in Attachment 1 to this document
(hereinafter referred to as the"Land")in accordance with the terms and conditions set forth herein.
STIPULATIONS OF FACT
1. That the Permittees are the applicant for Department of the Army permit number NWO-2012-
02528-MTB to place fill material in wetlands located in the NE /4 SE%of Section 23,Township 2S,Range
5 East,Gallatin County,Montana;and that the US Army Corps of Engineers has regulatory jurisdiction over
the discharge of dredged or fill material into said wetlands pursuant to Section 404 of the Clean Water Act.
(33 USC 1344).
2. That the Permittees are the owners in fee of the real estate described in Attachment 1.
3. That the Permittees and the Omaha District of the US Army Corps of Engineers have reached an
agreement whereby the Permittee will be permitted to discharge fill material in wetlands in accordance with
the terms and conditions of Department of the Army Permit number NWO-2012-02528-MTB;and that in
consideration for said discharge of fill material in the wetland,the Permittees will provide mitigation for the
adverse environmental effects resulting from the placement of fill material in the wetland by dedicating the
realty described in Attachment 1 for perpetual use as a conservancy area in accordance with the terms and
conditions of this document and the above mentioned permit.
4. That the above-mentioned dedication shall consist of the execution of this document by all
parties necessary to restrict the use and title of the Land; and that this document shall be recorded in the
Office of the Register of Deeds for Gallatin County,Montana.
5. That upon receipt of a certified copy of this document,as recorded in the Office of the County
Register of Deeds for Gallatin County, Montana,the District Engineer of the Omaha District of the US
Army Corps of Engineers will issue a validated permit number (NWO-2012-02528-MTB), to the
Permittees;and that said permit shall be issued in consideration for the execution of this Covenant.
6. That the terms and conditions of this Covenant of Dedication shall,as of the date of execution of
this document,bind the Permittees to the extent of their legal and or equitable interest in the Land;and that
this Covenant shall run with the Land and be binding on the Permittees and their successors and assigns
forever.
7. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in
any transfer, conveyance, or encumbrance of the Land or any part thereof, and that any instrument of
transfer, conveyance, or encumbrance affecting all or any part of the Land shall set forth the terms and
conditions of this document either by reference to this document or set forth in full text.
DEED AND USE RESTRICTIONS
The Permittees hereby warrant that they are the owner in fee of the realty described in Attachment
1;and that the Land is hereby dedicated in perpetuity for use as a conservancy area.
The Permittees hereby agrees to restrict the use and title of the Land as follows:
1. There shall be no construction or placement of buildings or mobile homes, fences, signs,
billboards or other advertising material,or other structures,whether temporary or permanent,on the Land,
with the exception of benchmarks identifying the boundaries of the areas described in Attachment 1 and
trail-related improvements such as benches and trail signage as described in Section 38.23.100 Watercourse
setback(A)(2)(e)Exceptions(2)of the City of Bozeman Unified Development Code(UDC)..
2. There shall be no filling,draining,excavating,dredging,mining,drilling or removal of topsoil,
loam,peat,sand gravel,rock,minerals or other materials.
3. There shall be no building of roads within the stream corridor, adjacent wetland fringe, or
watercourse setback or any change in the topography of the Land with the exception of the development of
Arnold Road,which will provide the primary access from South 19th Avenue across the riparian corridor to
the subdivision. The road will be constructed within a 90-foot right-of-way,as described in Attachment 1.
4. There shall be no building of trails within the stream corridor, adjacent wetland fringe, or
watercourse setback except as stipulated in Section 38.23.100 Watercourse setback(A)(2)(e)Exceptions
(2)of the City of Bozeman Unified Development Code(UDC). As specified in the UDC,the trail will be
constructed in Zone 2(outer 20 feet)of the 50-foot watercourse setback as described in Attachment 1.
5. There shall be no removal,destruction,or cutting of trees or plants,grazing of animals,farming,
tilling of soil,or other agricultural activity. Tree maintenance and weed management activities including
spraying of herbicides are acceptable. All herbicides used within the watercourse setbacks must be
approved by the Gallatin County Weed District. Mowing of the grass cover will be allowed on both sides of
the constructed trail for pedestrian safety.
6. There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles (ATV) or any
other type of motorized vehicles on the Land except for the use of motorized vehicles for the purpose of tree
maintenance and weed and grass management.
7. The Covenant of Dedication may be changed,modified or revoked only upon written approval
of the District Engineer of the Omaha District of the US Army Corps of Engineers. To be effective,such
approval must be witnessed,authenticated,and recorded pursuant to the law of the State of Montana.
8. This Covenant is made in perpetuity such that the present owners and their heirs and assigns
forever shall be bound by the terms and conditions set forth herein.
2
PERMITTEE'
Graf Apartments.LLC represented by Will Ralph
us P ' represented by Steve Moore
�-rtF day of f� ow_r-4erc . 20 /9, by
Executed before me this
S T�'uE W On ir 0 i44 ff�,a,.-dy� ,who are personally known to me.
Q—A� r� ` Commission expiration #Gtj&F/rjC ZG ZDI P
Notary Public,Notary for the State of Montana
Corps File No. ,G:: rvotn.•Publlo
Permittee s Name:
for the State c'Montana
Ig Deed Restriction/Covenant of Dedication I,u .SE hF..:x Biz 2`'
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Cammicsi^�'Exp!res:
ATTACffi17IENT 1
"'' Novc rrer r 8 2�19
The property to which this Deed Restriction applies is described as follows:
Lots 1 and 2 of Minor Subdivision No.235 located in the NE'/,Section 23,Township 2 South,Range 5
East,P.M.M.,City of Bozeman,Gallatin County,MT
Please refer to the accompanying exhibit.
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EXHIBIT& LOTS 1 AND 2 OF MINOR SUBDIVISION No. 235
LOCATED IN THE NE1/4 SECTION 23, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
0 60' 120' 180,
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PROJECT NUMBER
MT-148.88 MERIDIAN LAND
DATE I I
D8,21/201 9 SURVEYING, INC.
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SCALE P.O.Box 587,Gallatin Gateway,Montana 59730
1 = sD Phone (406) 624-6565
SHEET 2 OF 4 e-mail: meridiansurveying@yahoo.com
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RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
0 s0' 120' 180,
PROJECT NUMBER
MT-14888 MERIDIAN LAND
DATE
08/21/2019 SURVEYING, INC.
SCALE P.O.Box 587,Gallatin Gateway,Montana 59730
11.- Phone (406) 624-6565
SHEET 3 OF 4 e-mail: meridiansurveying@yahoo.com
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EXHIBIT& LOTS 1 AND 2 OF MINOR SUBDIVISION No. 235
LOCATED IN THE NE1/4 SECTION 23, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
0 60' 120' 180,
low
PROJECT NUMBER
MT-148.88 MERIDIAN LAND
DATE i l
08/21/2019 SURVEYING, INC .
M
SCALE P.O.Box 587,Gallatin Gateway,Montana 59730
1 = 60' Phone (406) 624-6565
SHEET 4 OF 4 e-mail: meridiansurveying@yahoo.com