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Home My WebLink About028 Covenants - (2020-04-22) 7th AmendmentJ-668 2679242 Page: 1 of 12 04/22/2020 12:22.15 PM Fee. $94.00Eric Semerad - Gallatin County, MT MISC After Recording, Return To: Norton Ranch Homes, LLC 63026 NE Lower Meadow Drive Suite 230 Bend, Oregon 97701 SEVENTH DECLARATION OF ANNEXATION TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR NORTON RANCH THIS SEVENTH DECLARATION OF ANNEXATION TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR NORTON RANCH (this "Declaration of Annexation") ismade effective as of the date of itsrecording in the Official Records for Gallatin County, Montana, by NORTON PROPERTIES LLC, an Oregon limited liabilitycompany, and NORTON RANCH HOMES, LLC, an Oregon limited liabilitycompany (individually and collectively, the "Declarant"). RECITALS: A. Declarant created a residential subdivision known as Norton Ranch (the "Subdivision") by recording (a) that certain Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch on October 14, 2011, as Document Number 2399078 in the Official Records of Gallatin County, Montana (the "Declaration"); and (b) thatcertain plat ofNorton East Ranch Subdivision Phase 1 on February 16, 2011, as Document Number 2382592 inthe OfficialRecords of Gallatin County, Montana. B. Declarant expanded the Subdivision by annexing additional property into the Subdivision in that certain First Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on June 27, 2013, as Document No. 2453826 in the Official Records of Gallatin County, Montana. C. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Second Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on May 12, 2014, asDocument No. 2480710 inthe Official Records of Gallatin County, Montana. D. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Third Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on July 1,2015, as Document No. 2516323 in the Official Records of Gallatin County, Montana. E. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Fourth Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on July 8,2015, as Document No. 2516922 in the Official Records of Gallatin County, Montana. 1 - Seventh Declaration of Annexation 03/03/23 22203 Norton East Ranch Ph. 5B FP F. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Fifth Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on July 7,2017, as Document No. 2584745 in the Official Records of Gallatin County, Montana. G. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Sixth Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on March 30, 2018, as Document No. 2609707 in the Official Records of Gallatin County, Montana. H. Declarant further expanded the Subdivision by annexing additional property into the Subdivision in that certain Amendment to the Sixth Declaration of Annexation to Amended and Restated Declaration of Protective Covenants, Conditions and Restrictions for Norton Ranch recorded on April 16, 2018, as Document No. 2611134 in the Official Records of Gallatin County, Montana. I. Norton Properties LLC isthe current owner of the following described realproperty (the "Additional Property"): Lots 1 through 4, Block 11; Lots 1 through 9,Block 12; Lots 1 through 3,Block 13; Lots 1 and 2, Block 14, and Park,Block 15as shown on the final plat of Norton East Ranch Subdivision, Phase 4, recorded on April 22 ,2020, as Document Number 2679237 in the Official Records ofGallatin County, Montana. J. Declarant desires to annex the Additional Property intothe Subdivision pursuant toits reserved rights under Section 13.1 of the Declaration, on terms and conditions more particularly set forth herein. NOW, THEREFORE, Declarant hereby declares the following pursuant toitsreserved rights under Section 13.10fthe Declaration: 1. Defined Terms. Any capitalized term not defined in this Declaration of Annexation shallhave the meaning ascribed to such term inthe Declaration. 2. Annexation. 2.1 The Additional Property is hereby annexed intothe Subdivision and shallbe held, conveyed, hypothecated, encumbered, used, occupied and improved subject to the terms ofthe Declaration. The Additional Property shallbe considered part of the "Property" under the Declaration and the plat for the Additional Property shall be considered a "Plat" under the Declaration. 2.2 Lots 1,2,3,and 4, Block 11; Lots 1 through 9,Block 12; Lots 1,2, and 3, Block 13; and Lots 1 and 2,Block 14; within the Additional Property shalleach be considered a "Lot" under the Declaration, and each owner of thereof shallbe considered an "Owner" under the Declaration. 2.3 Lots 1,2,3,and 4, Block 11; Lots 1,2,and 3,Block 13; and Lots 1 and 2, Block 14 within the Additional Property shalleach be considered a Future Development Lot. 2 - Seventh Declaration of Annexation 2.4 Open Space (OS) D3 and GI and Park land in Block 15 within the Additional Property shall each be considered part of the "Common Areas" under the Declaration. 3. Assessment and Voting. In the event that attached or stacked multifamily Units are constructed on a Future Development Lot, the Base Assessment, Reserve Account Assessment or Special Assessment (except Special Assessments allocated inthe same manner as Specific Assessments) levied against that Future Development Lot will be calculated as follows: Fifty percent (50%) of the Base Assessment, Reserve Account Assessment or Special Assessment (except Special Assessments allocated inthe same manner as Specific Assessments) levied against a Lot with a single Unit, times the number of Units on that Future Development Lot. In the event that a development intended and approved for one or more uses other than residential use isconstructed on a Future Development Lot within the Additional Property, such Future Development Lot shallbe assessed the greater of (a)the assessment calculated using the formula in the preceding sentence with each separately demisable interior space intended and approved for non-residential use (whether used by the Owner or leased to a third-party, hereafter referred to as a "Non-Residential Unit") deemed to be a Unit for purposes of such assessment, or (b) $800 times the number of acres (or fraction thereof) per year. Beginning on January 1,2020, the $800 per acre minimum annual assessment shall be increased annually on January 1 of each year by the annual increase inthe Consumer Price Index (allitems, all urban consumers, U.S. cityaverage) published by the United States Department of Labor Bureau of Labor Statistics(or comparable index of inflation selected by the Board ifsuch index is unavailable) for December of the immediately preceding year, beginning January 1,2020. Any dispute or disagreement concerning what constitutes a Non-Residential Unit for purposes of assessment shall be decided by the Declarant, or afterTurnover by the Board, and such determination shall be finaland binding. Each Non-Residential Unit shall be deemed to be a Unit for the purpose of voting rights under Section 2.2. 4. Maintenance. By way of clarification,the maintenance obligations of each Owner of a Future Development Lot under Section 6.2 of the Declaration includes, without limitation, responsibility for maintaining, repairing and replacing all buildings, parking areas, drive aisles, driveways, sidewalks, stairs,stoops, landings, light fixtures,play structures and other improvements; maintaining (including watering) all grass, trees and landscaping; and removing snow and ice from all sidewalks (on or adjacent to the Future Development Lot), stairs,stoops, landings, parking areas, drive aislesand driveways. 5. Permitted Uses. Lots 1 through 9, Block 12 within the Additional Property may be developed with one single family home on each Lot, and for no other use without the Declarant's written consent. Each Future Development Lot within the City ofBozeman Residential Office (RO) Zone may be developed with the permitted or conditional uses inthe RO Zone as of the date this Declaration of Annexation is recorded, except that the following uses shallnot be permitted: manufactured home, bed and breakfast, short term rental,or any other residential use that does not comply with the requirements of Section 11.4 of the Declaration including the 30 day minimum rental or lease period. The prohibition against non-residential use in Section 11.1 (Residential Use) shall not apply to a Non-Residential Unit on a Future Development Lot inthe RO Zone, but allother use restrictions in Article 11 of the Declaration applicable to a Unit shall apply to a Non-Residential Unit. 6. Further Amendment. In addition to s ecificamendment ri s anted inthe Declaration, Declarant reserves the right to further amend the limitations,uses, restrictions,covenants and conditions with respect to any Future Development Lot within the Additional Land prior to the conveyance of such Future Development Lot to an unaffiliated third party by recording an amendment 3 - Seventh Declaration of Annexation of thisDeclaration of Annexation inthe Official Records of Gallatin County, Montana. 7. Restrictions on Patios and Balconies. Balconies and patios must be kept in a clean and orderly manner, free from trash,debris, clutterand other items that,inthe opinion of the Association, detract from the general appearance of the building and Subdivision. On any Lot that is developed into attached or stacked multifamily Units in the Additional Land, balconies and patios may not be used for storage (including, but not limited to,the storage of bicycles or boxes) or for hanging clothes, no signs or billboards may be displayed from balconies or patios, and no grilling,cooking or any open flame is permitted on balconies or patios. 8. Noxious Weed Control. The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Department. The Association isresponsible for control of stateand county declared noxious weeds in the Common Areas (such as Subdivision Parks, Open Spaces, community areas, trailsand roadways). Each Owner shall be responsible for the control of the stateand county declared noxious weeds on his or her own Lot. Both unimproved and improved Lots shallbe managed for noxious weeds. In the event an Owner does not control the noxious weeds on his or her own Lot, afterten (10) days' notice from the Association, the Association may cause the noxious weeds to be controlled, inwhich case the cost and expense associated with such weed management shall be assessed against, and alien on, that Lot. 9. Drain Tile Inscection and Maintenance. The Association shall perform the following maintenance of the buried 12" perforated PVC drain-tile pipe that islocated approximately 15 feet south of the south right-of-way boundary of Fallon Street and discharges to Aajker Creek within a drainage easement described in Document No. 2565013 inthe Official Records of Gallatin County, Montana: See attached Appendix A. 10. Miscellaneous. In the event of a conflict between the terms of the Declaration and the terms of this Declaration of Annexation, the terms ofthis Declaration Annexation shall prevail with respect to the Additional Property. IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration of Annexation as of the day of LAtutt ,2020. DECLARANT: NORTON PROPERTIES LLC, An Oregon Lim' ed Liability Comp Nam Key endr Titl M r 4 - Seventh Declaration of Annexation STATE OF OREGON ) ) ss. County of Deschutes ) The foregoing instrument was acknowledged before me this day of MAww ,2020, by Kevin Spencer, the Manager ofNORTON PROPERTIES LLC, an Ore'gon limited liabilitycompany, on behalf of the company. PrintName: Notary Public in and forthe State of OFFICIAL STAMP Oregon MT A My Coo ssion expires: COMMISSIONNO.992440 /G /?/ '02-3 MY COMMISSION EXPIRES OCTOBER 7,2023 [Signatures continue on the following page] 5 - Seventh Declaration of Annexation NORTON RANCHROMES LLC, An Oregon Li 'te la ty ompany By: Name: Kevin Sfencer Title:Managet ACKNOWLEDGMENT STATE OF OREGON ) ) ss. County of Deschutes ) The foregoing instrument was acknowledged before me this / day of awar , 2020, by Kevin Spencer, the Manager of NORTON RANCH HOMES, LLC, an Oregon limited liabilitycompany, on behalf of the company. Print Name: Notary Public in and for the 5 fiOrego My Commission expires: to /Loz3 6 - Seventh Declaration of Annexation Appendix A 7 - Seventh Declaration of Annexation INSPECTION AND 1VIAINTENANCE FOR DRAIN TILE FACILITIES Drain Tile Facilities: 1. The drain tile consists of 2,485 linear feet of 12" A-2000 PVC pipe. The PVC pipe has perforated and solid wall sections. The pipe is bedded in washed gravel and surrounded by non-woven geotextile fabric. Semi-Annual Inspection: 1. During periods of high ground water, check outlet for signs of erosion. Ensure that groundwater isallowed to flow freely from the system. Standard Maintenance: 1. The drain tile is a passive system, requiring minimal maintenance. If indications of erosion are found near the outlet, armor the outlet with Class 1 Rip Rap. Access to the outlet and Aajker Creek is provided via an easement on file at Gallatin County, under Document Number 2579167. Sediment accumulation: Sedimentation isnot expected within the system. In most cases, sediment does not contain toxins at levels posing a hazardous concern. However, sediments should be tested for toxicants in compliance with current disposal requirements and if land uses in the drainage area include commercial or industrial zones, or if visual or olfactory indications of pollution are noticed. Sediments containing high levels of pollutants should be disposed of in accordance with applicable regulations and the potential sources of contamination should be investigated and contamination practices terminated. Equipment Type/Access: The outlet point of the drain tile system is accessible through a public park and the aforementioned easement. An excavator may be required ifthe outlet is found to have evidence of erosion. Cost Estimate: Depending on the amount of rainfall in the given year, the cost to maintain the drain tile infrastructure will vary. Itis estimated that the outlet will need to be inspected once or twice a year, with an estimated cost of $500 to do so. Placement of additional Class 1 Rip Rap has an estimated cost of $1,500. The costs for the drain tile maintenance and repair will be covered by the standard stormwater maintenance fees associated with the subdivision. G:\C&H\16\161140\Final Plat\DRAINTILE\DraintileMaintenance Plan.Docx LEGEND DRAWING LIST o 1 ) FRO EDPS OETRA ON C2.0 DRAIN TILE PLAN& PROFILE N 10 E EXISTING POWER BOX C2.1 DRNN TILE PLAN& PROFILE CD EXISTING TELEPHONE BOX C2.2 DRNN TILE PLAN& PROFILE& DETAILS U EXIETING ELECTRIC BOX @ EXISTING SANITARY SEWER MANHOLE SheetI of 4 O EXIsTING SANITARY SEWER CLEANOUT EXISTING FIRE HYDRANT EXISTING WATER VALVE EXISTING CURB STOP EXISTING POWER POLE EXISTING UGHT POLE GROUNDWKEER MONITORING WELL LOCATION / 1 PROPOSED SANITARY SEWER MANHOLE C PROPOSED SANITARY SEWER CLEANOUT PROPOSED WATER VALVE PROPOSED CURB STOP 1 PROPOSED FIRE HYDRANT PROPOSED WATER WELL DRNNAGE DIRECTION TRAFFIC FLOW PROPERTY BOUNDARY LINE - - SURROUNDING PROPERTY UNE - - SETBACK LINE - - - EASEMENT LINE -x -x - EXISTING FENCE I -one -- EXISTING OVERHEAD ELECTRIC LINE --um --- EXISTING UNDERGROUND ELECTRIC LINE --cas ---- EXISTING GAS LINE --uar -- EXIS11NG UNDERGROUND PHONE LINE -w - PROPOSED WATER SERVICE -rw - PROPOSED8" WATER MAIN O - in - in - rw-- --- --= ===- rev --- -- - PROPOSED4' SANilARY SEWER SERVICE sons - PROPOSED8" SANITARY SEWER MAIN -- - PROPOSED STORMWATER SWALE -sr - PROPOSED STORM SEWER -use - PROPOSED UNDERGROUND ELECTRIC LINE -cAs - PROPOSED GAS LINE -usr - PROPOSED UNDERGROUND PHONE UNE - - - - - PROPOSED SWALE/RETENTION POND CONTOUR PROPOSED CURB AND GUTTER BENCHMARK TOP OF HYDRANT ARROW BOLT C&H CP. #50, CENTER EAST SIDE OF SITE -- ELEVATION= 4804.03 FEET (NAVO 88 FROM NGS OPUS SOLUTION) LEGAL DESCRIPTION A PARCEL OF LAND LOCATEDIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE SOUTHWEST QUARTER, AND THE WEST HALF THE OF THE SOUTHEAST QUARTER, ALL.IN SECTON9, T. 2 S.,R.5E. OF P.M.M., GALLATIN COUNTY, MONTANA SPECIFICATIONS ALL CONSTRUC110N SHALL CONFORM THE FOLi..OWING SPEQFICATIONS WHICH ARE HEREBY INCORPORATED --- BY F C UBUC WORKS STANDARD SPECIFICATIONS, SIXTH EDI110N (APRIL 2010) 2. CITY OF BOZEMAN MODIFICATIONS TO MPWSS SIXTH EDITION INCLUDING ADDENDUM NO.1 (AUG 2013) GENERAL NOTES - 1. NO CHANGE OR MODIFICATION OF THE APPROVED PLANS AND SPECIFICATIONS SHALL BE MADE 1 WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ENGINEER AND THE CITY OF BOZEMAN ENGINEERING DEPARTMENT. 2. PRIOR TO THE PRECONSTRUC110N MEE11NG, THE CONTRACTOR SHALL SUBMiT TO THE I ENGINEER AND THE CITY OF BOZEMAN, WORKING DRAWNGS, SPECIFICATION SHEETS, ETC. FOR ALL EQUIPMENT AND MATERIALS TO BE USED ON THE PROJECT. INSTALLATION SHALL NOT BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF ALL EQUIPMENT AND MATERIALS BY THE OVERALL SITE SCALE: 1"=50' 200 0 200 3. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL BURIED UTILITIES PRiOR TO THE BEGINNING OF CONSTRUC110N 60 0 60 5. TRENCH BACKFILL SHALL BE TYPEA FOR ALL AREAS TO BE PAVED. 6. SITE WORK TO BE PERFORMED ACCORDING TO THE RECOMMENDATIONS OUTIJNEDIN THE "CEOTECHNICAL INVESTIGATION REPORT" PREPARED BY C&H ENGINEERING, DATED MARCH 2012. 7. THE CONTRACTORIS SOLELY RESPONSIBLE FOR ENSURING THAT THE PROJECT MEETS ALL 05HA REQUIREMENTS AND THAT THE SITE MEETS ALL APPLICABLE SAFETY REQUIREMENTS FOR HIS EMPLOYEES AND ANY SITE INSPEC110N WORK PERFORMED BY THE ENGINEER. 8. PROPOSED GAS, ELECTRICAL AND COMMUNICA110N UNE LOCATIONS ARE APPROXIMATE. FINAL SERVICE LINE LOCATIONS ARE TO BE COORDINATED WITH SERVICE PROMDER AT THE 11ME OF APPLICATION FOR SERVICE. WATER AND SEWER NOTES Issus Date:07/IB/20tf 1. USE JOINT RESTRAINT AT ALL REDUCERS. TEES, BENDS AND VALVES AS SPECIFIEDIN JOINT RESTRAINT TABLE. 0 1. 0 #16033 MARKA.CHANDLER No. 9518ES 00 Sheet 2 of4 12" A-2000 PVC oo STA 12+38.3 (0.0) 12" 90 BEND L2000 INSTALl.. 12 CONCRETE 17 A-2000 Pvc Scale In Feet FLARED END TREATMENT 10 0 TO SEE DETAlt 2/C20. TOPOF BANK 3 0 3 Scale In Meters FMINSTAEDC E WERNDS ED W GEOF INSTA.L SWLE ER 2/C22 PRCE.CMSSI RIP MP ROM TOPOF BANK FLARED END SECTIONTO go EDGEOF EXIMNG CHANNEL, Scale In Feat 100 0 100 30 0 30 sale In Meter, DRAIN TILE OUTLET DETAIL SCALE: 1"=10 4820 4820 4815 4815 4810 6 4810 4805 4805 MAINTAIN MIN2 OF ifA 2000 PVC@ 046% 4800 COVER OVER PIPE 3 4800 4795 4795 15 RTO 2A PVC@0 47% 4790 END INVERT 479441 4790 BDTTOM CENTER OF SWALE 11EIN TO 4785 EXJS0NG STREAM 4785 C" WALL "E 4780 4780 DRAIN TILE PLAN AND PROFILE SCALE: 1"=50' HORIZONTAL, 1"=5 VERTICAL Insue Date: 07/$8/201802.0 #16033 Sheet8 of4 SEE SHEET 02.2 - 2 co FALLON STREET (EASEMENT *2209582) u a a 1- 8 2 5 8 x-x --xy-x x x x x-a-x --x STA 25+17 9 (0.0) 9 D(00) e> if A-2000 PVC 17 Seate In Feet 100 0 100 30 0 30 Scale In Meters 4820 4820 4815 4815 es ifARY SEWER SanRY sEWER N5T +0 4810 (FUTURE) 1 3 4810 4805 4805 4800 3 2 e0 25% 4800 END NVERT 480324 4795 4795 DLIC I PER IMiT PC 4790 4790 4780 4780 DRAIN TILE (STA 12+00 TO 39+50) DRAIN TLE PLAN AND PROFILE SCALE: 1"=50' HORIZONTAL, 1"=5' VIRTICAL Issue Date: 07/$8/2010 C2.1 #16033 Sheet4 of4 17 MIN. GYP) PERFORATED PIPE CMN EIED PIPEIN 17 OF 3/4" GRAVEL ALL AROUND. 6.00 GRAVELTO HAVE HYDRAULIC U C RM OVEREXCAVATEAS NEEDED. ST 25+17.9 (00) 2 12 1" CHANNEL CROSS SECTION PERFORATED PPE INSTALLATION DETAIL C2.2 SCALE: NTS C2.2 SCALE: NTS srA o+a5.1(a ow) INSTALL 17 CAP 2 STA 0+04.0 (0.0'L) 12 UAlt VAl.uk Sante Its Feet 100 0 100 30 0 30 Scale In Meters VERTICAL TRENCH WALLS NTH SHORINGTO CONFORM EXISTING E TO 0.S.H.A REGULATIONS DE OR GROUND BACK5LOPdAS IN NSG,iN THIS 4810 4810 CONFORMRETW 9 INSTALL DETECTABLE WARNING TAPE S. RU ON 18"(45cm) MAR DEPTH (0PIl0NAL) 3' OF if 4805 4805 a ( o'R) 4800 4800 SELECT TYPE1 BEDDING "C' N B KFI MATERIAL PLACEDIN 479 8S 2%* 0.25% 0 0 1E 9 END INVERT: 4803.04 6 (15cm TYPE1 PIPE BEDDING PLACEDIN6" (15 cm) MAX. LAYERS AND COMPACTED THOROUGHLY EAST OUTLET (STA 0+00 TO 1+00) TYPE2 PIPE BEDDING 4 (10cm) WHERE REQUIRED FOR - - NOTES: SOFTGR UNSTABLE 1. WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALLBE FOUNDATION TRENCH NDm= 00 OF CUT ALONGA NEAT VERTICAL UNEA MINIMUMOF 12" (30cm) FROM THE EDGEOF PIPE PLUS2 (60 cm) THE TRENCH OPENINC. WHERE NEAT LINEIS LESS THAN3' (0.9m) FROM EDGE MIN TRENCH WDTH OF EXIS11NG PAVEMENT GR CURB AND GUTTER SECTION. REMOVE AND REPLACE =3 5 (1,1 m) ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGEOF PAVEMENT. DRAIN TILE PLAN AND PROFILE 2. SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICAllONSTO STANDARD TRENCH MATERIALS AND/0R OTHER TRENCH DESIGN FEATURES SCALE: 1"=50' HORIZONTAL, 1"=5' VERTICAL 3. SEE 0.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS SOLID WALL PIPE TRENCH DETAL SCALE NTS Issue Date: 07/18/20$602.2 #16033