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Home My WebLink About032 Appendix Y.2 - Covenant of DedicationREPLY TO ATTENTION OF Helena Regulatory Office Phone (406) 441-1375 Fax (406) 441-1380 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA MT 59626 May 1, 2008 Subject: Norton East Ranch, Deed Restriction Corps File No. NW0-2007-1 084-MTH Mr. Tom Henesh Big Sky Land Consulting PLLC 5530 Burnt Road Belgrade, Montana 59714 Dear Mr. Henesh: Enclosed is a signed and notarized deed restriction, including Exhibits A and B, for the protection of wetlands on the Norton East property, as required by special permit condition 4: Please ensure that the deed restriction is filed with the Gallatin County Clerk and Recorder by June 1, 2008. Proof of filing must be provided to this office by that date. Please contact me if you have questions. Sincerely, /~~,~diet ~ ~~~~n Ramer Project Manager Jean.L.Ramer@usace.army.mil Enclosures One original signed and notarized deed restriction CF (without enclosures) Mrs. Barbara Vaughn Vaughn Environmental Services 8353 Saddle Mountain Road Bozeman, Montana 59715 Norton Properties, LLC Attn: Mr. Kevin Spencer 63020 Lower Meadow Drive Bend, Oregon 97702 Prinled on ® Recycled Paper 'II COVENANT OF DEDICATION Norton Properties, LLC, (hereinafter referred to as the "Permittee") now stipulates to the following statements of fact, and further agrees to restrict the use and title of the realty described in Attachment 1 (hereinafter referred to as the Land) in accordance with the terms and conditions set forth herein. STIPULATIONS OF FACT 1. That the Permittee is the applicant for Department of the Army permit number NW0-2007- 1084-MTH to place fill material in wetlands located in the SWl/4 of the NEl/4, the SE1/4 of the NWl/4, the NW1 /4 of the SEl/4 and the NEl/4 of the SWl/4 of Section 9, Township 2 South, Range 5 East, PMM 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 Permittee is the owner in fee of the real estate described as Norton East Ranch Phase 1, located in the SWl/4 of the NEl/4, the SEl/4 of the NWl/4, the NW1/4 ofthe SE1/4 and the NEl/4 ofthe SW1/4 of Section 9, Township 2 South, Range 5 East, PMM Gallatin County Montana. 3. That the Permittee 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 NW0-2007-1084-MTH; and that in consideration for said discharge of fill material in the wetland, the Permittee 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 Clerk and Recorders for Gallatin County, Montana. 5. That upon receipt of a certified copy of this document, as recorded in the Office of the County Clerk and Recorders for Gallatin County, Montana, the District Engineer of the Omaha District of the US Army Corps of Engineers will issue a validated permit (Number NW0-2007-1084-MTH), to the Permittee; 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 Permittee to the extent of his legal and or equitable interest in the Land; and that this Covenant shall run with the Land and be binding on the Permittee and its 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. 2 DEED AND USE RESTRICTIONS The Permittee hereby warrants that he is 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 Permittee hereby agrees to restrict the use and title of the Land (shown on Exhibits A and B attached) 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 signage and/or benchmarks identifying the boundaries of the areas described in Attachment 1 ). 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 or paths nor any change in the topography of the Land. 4. There shall be no removal, destruction, or cutting of trees or plants, spraying with biocides, insecticides, pesticides or herbicides (except to control noxious weeds), grazing of animals, farming, tilling of soil, or other agricultural activity. 5. There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles or any other type of motorized vehicles on the Land. 6. 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 Jaw of the State of Montana. nt is made in perpetuity such that the present owner and its heirs and assigns forever t rms d conditions set forth herein. Executed before me is ~ / day of ~ , 2008, by KtV if'l f"f ehc.er, who is personally known to me to be a representative o Norton Properties, LLC. ~fi!;;)~. My commission expires I 0 -I '1-1 I otary Pu , otary for the State of Q rPfj o b Count)' of De sc..~ v + e ~ My commission expires f 0 -f cr ·-l ( OFFICIAL SEAL MINDY A CLEVELAND NOTARY PUBLlC· OREGON CO~o!MISSION NO. 422192 MY COMMISSION EXPIR£5 OCT U ~DU 3 Corps File No. NW0-2007 -1 084-MTH Permittee's Name: Norton Properties, LLC; Kevin Spencer Deed Restriction I Covenant of Dedication Attachment 1 The property to which this Deed Restriction applies is described as follows: That property as outlined on Exhibits A and B (attached) in the SWl/4 of the NEl/4, the SEl/4 of the NWl/4, the NWl/4 of the SEl/4 and the NEl/4 of the SWl/4 of Section 9, Township 2 South, Range 5 East, PMM Gallatin County Montana; NORTON EAST RANCH SUBDIVISION ENHANCEMENT WETLAND (W-5-05) -----~ ...... -- 589"56'31 "W L1 45.09' ID I() _J 1/16 LOCATED IN THE SE1/4NW1/4, SW1/4NE114, NE1/4SW1/4,AND THE NW1/4SE1/4 OF SEC. 9, T2S, R5E, P.M.M. GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA CUR\IE Cl C2 CJ IWJIUS 255.00 2~.00 2~.00 CURVE TABLE AAC I.£HGTH 82.8& 32.31 70.31 DELTA ~GLE 18"37'05 0715 37 15"47 51 LINE TABLE OiORO lENGTH CHORD BEARING 82.50 S09'58'21 32.29 504'24 47 70.09 N11"22 58 E DISTANCE 505.90' J0.08 41.58' 131.46' 162.63 69.46' 901 R/W AND UTILITY EASEMENT FOR LAUREL PARKWAY ----- I I -----i ----~ I I I I I I I I I --------~ (.) v I ::i 14.20 ACRES I I L15 L20 \..'9 ~ ~I ~ I 7.13 58.59 81.22 1Je.2J 123.61 JO.I 12.38 100.32 20.98 5J.JJ 87.10 93.22 72.36 125.18 76.52 65.07 9l.·H 69.99 41.07 37.84' 100.27 58.96 90.00 257.78 J04.J2 901 RfW AND UTILITY EASEMENT FOR WEST BABCOCK ST. 0 200 ~~ ( IN FEET ) MONTANA ENHANCEMENT WETlAND EXHIBIT# A EXHIBIT NORTON EAST RANCH SUBDIVISION BAXTER CREEK WETLAND (W-3-05) LOCATED IN THE SW114NE1/4, OF SECTION 9, T2S, R5E; P.M.M. GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA 50' SETBACK FROM BAXTER CREEK ( (7 (Y / ---; -------- PROPOSFDr TRAILS (TYP) ' \ \ ~'\ \\l \\ L18 -- - - -·6---+-- 0 200 ~-~ ( IN FEET ) WEST BABCOCK STREET 801 R/W - 1/16 \ LINE TABLE DtSTANCE JJ0.4-8 42.18 102.J8 47.21 46.79 59.18 83.45 46.68 \ 55.96' 116.24 81.36 71.64 150.14 82.34 50.94 28.17 479.94 65.86 1295.98 MONTANA EXHIBIT#B