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Home My WebLink AboutWetland Deed Restriction 05-21-13 2449987 Pl:Feii�lalt�tM611s �6i1ii01n 0ewn��t 84nPrrl Fee- S4MIs00c DEED RESTRICTION UNNAMED TRIBUTARY OF EAST CATRON COVENANT OF DEDICATION Greg Gianforte and Susan Barbisan.,(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 Attachments 1 and 2 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 applicants for Department of the Army permit number NWO-2012- 02528-MTB to place fill material in wetlands located in the NE'/,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 Clan Water Act. (33 USC 1344). 2. That the Penn ittees are the owners in fee of the real estate described in Attachments I and 2. 3. That the Permittees and the Omaha District of the US Army Corps of Engineers have reached an agreement whereby the Permittecs will be permitted to discharge fill material in wetlands in accordance with the terms and conditions of Department of the Army Permit number NWO-2012-02529-MTB;and that in consideration for said discharge of fill material in the wetland,the Permittem will provide mitigation for the adverse environmental effects resulting from the placement of fill material in the wetland by dedicating the realty described in Attachments I and 2 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 Engine r of the Omaha District of the US Army Corps of Engineers will issue a validated permit number (NWO-2012-0252&KM), 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 thervot 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. I wI DEED AND USE RESTRICTIONS The Permittees hereby warrant that they are the owners in fee of the realty described in Attachments 1 and 2;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 Attachments 1 and 2 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 Lantern Road,which will provide the primary access from South 19*Avenue across the riparian corridor to the subdivision. The road will be constructed within a 60-foot right-of-way with 10 feet on either side of the ROW for a total width of 80 feet,as described in Attachments 1 and 2. 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 Attachments 1 and 2. S. There shal I 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. 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(AM 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 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 heroin. 2 s BY: Permittee—6reg 6janf e BY:� Permitt�t mid-I3arbisan Stan Executed before me this - day of ,2013, by _Pt!nrrfttt er who an personally known to �, �- p Commission expiration Alvco. Z�_ Zoe)7 Notary ublic,Notary for the State of M a wS aua Chris Budesld P Corps File No. STATE pr' q�arcTAttIL rr •. °�>. Notary Public Permittee's Name: ri0{Lrt F; eF b�t't- F ;ao,nA,��. for the state of Montane Deed Restriction/Covenant of Dedication ;* SE:AL.�-* eozerrra1`108lnlnMontena F' . ` M Commisson GF M November 26,20B: ATTACHMENT 1 The property to which this Deed Restriction applies is described as follows: (Describe location as Section,Township,and Range,GPS survey coordinates,and other means necessary to ensure location is documented and can be located by markers on the ground. The land that the deed restriction applies to is usually the boundaries of the wetland including a 30-50 foot wide vegetated buffer strip,not the entire property.) Please refer to the accompanying map. 3 ATTACHMENT 1 LOT 1 OF MINOR SUBDIVISION NO.235 TRACT OF LAND LOCATED IN THE NEY.SE'/,OF SECTION 23 TOWNSHIP 2 SOUTH,RANGE 5 EAST, PMM,GALLATIN COUNTY,MONTANA S89'18'13"E R S73'06'41-E (M) Mal 4'0WE f M3 67.54' (M) J 137.22' (M) u� it S� S70'48'28"E (M) 56.18' (M) N81-33.16-E (M) 69.87' (M) \ S37'42'26-E (M) \ U74' (M) S6gse 0�\ ?s222• a(M)\ I �� Ico N N C4 N C4N IN 8 0 S0214.55-W (M) In 0 149.86' (M) x S89'31'05"W (R)I 89'39'O1'W (M) 10.12' (M 9 0 10.16' (R I I W �I I n "vim. N EA IM M IA IN O O N V ZONE 2 6 i g S88'54'15"E (M) E 120.01' (M) 40.00' FOR NE ROADWAY e u 1 � R I"- 100' U ATTACH I / LOT 1 MINOR SUB 235 MADISON ENGINEERING DRAWN BY: RFC 0K T8(M%'0IAX:T 11IND.61:ITfi 203 EXHIBIT B0127-MM4 kfr 5010 DATE: 05.02.13 P))DN6(406)A6.=PAX(106) J.O. 12-145 ATTACHMENT 2 LOT 2 OF MINOR SUBDIVISION NO.235 TRACT OF LAND LOCATED IN THE NE'/,SE'/. OF SECTION 23, TOWNSHIP 2 SOUTH,RANGE 5 EAST, _ PMM,GALLATIN COUNTY,MONTANA 40.00' FOR S88'54'15"E (M) ROADWAY 120.01' (M) I II II ZONE 2 20'�+— --120 . 1 W vI Oin o ml I Z ; v Ico O i I 4 W oat s 0 K i o / I E l 100' 46�oil 6 / S01'30'50-W (M) 75.40' (M) I o i3 S01'30'50"W (M) i 26.31, (M) NBW57-SO-W(R) SBB'29.10-E (M) is p N88129'10"W (M) GRAFSTREfiT03.26' (M) 71.82' (M) MADISON ENGINEEERING ATTACH 2 LOT 2 MINOR SUB 235 DRAWN BY: RFC !iST'BL71 BLVD\OI ,RE10! EXHIBIT DMEMAN,UT P718 DATE: 05.02.13 1-11ONB(406)M&NU FAX(06)W-SM J.0,0 12-145