HomeMy WebLinkAboutA001 - Exhibit A to the Conservation Easement STATE OF IOVV.A V INST. NO. 06643
Story County ss sG STORY COUNTY, IOWA
Entered for taxaticn this �= 3� FILED FOR RECORD
day o A D. 19 It AM DECO 1 1992 PIN
County Auditor SUSAN L.VANDE KAMP,Recorder
Recording Fee
Deputy
Auditor's Fee$
ANN MUNN HERITAGE WOODS
Exhibit A to the Conservation Easement
recorded in Book 330, page 32-41; Story. County
Conservation Easement Baseline Inventory
Purpose Statement
The purpose of this baseline inventory is to pprovide a concise source of information on
topics related to the conservation easement between the City of Ames and,the Iowa
Poo Natural Heritage Foundation and the existing conditions of the'property.itself. With
this information Ann Munn Heritage Woods can be closely monitored on'A regular
basis. This will ensure that the conditions of the conservation easement are being
observed.
Information contained in this summary includes site history,easement provisions and
responsibilities, natural resources and conservation values data as well as the baseline
acknowledgment statement and management concerns and practices. There is also a
section for future monitoring information required to maintain the integrity of the site
for future generations.
Baseline data for the Conservation Easement on Ann Munn Heritage Woods,Story
County,Iowa, compiled by the Iowa Natural Heritage Foundation.
Author/Collector: Troy Seifert,R.T. McElroy Communications Intern
Date: Tuly 28, 1992
390 Ace_ --BOOK�._P
• OWNER
ACKNOWLEDGEMENT
OF CONDITION
The City of Ames and the Iowa Natural Heritage Foundation agree that the following
B4tie
ata Information is an accurate representation of the protected property at
ththe.transfer.
" Lana : Cur js, _ Gerald . Schnep
Mayor
• �' = Executive Director
pity pf ds = Iowa Natural Heritage Fou dation
• r*t ' g
`Y
sAT
STORY CI'71VTY )
On this �yZso
, 1994before me the undersigned a Notary Public in
and for saute,pnall appeared Larry .'Curti-, to me personally known, who
being by me duly sworn, did say that he is the Mayor of said city executing the
within and foregoing instrument, that the seal affixed thereto is the seal of said city; that
said instrument was signed and sealed on behalf of said city by authority of its City
Council; and that the said Larry Curti s as such officer acknowledged the execution
of said instrument to be the voluntary act and deed of said city by it and by him
voluntarily executed.
o^ary P WbA'c in and for e State of Iowa
e-VbAe_j 3-
' � �VA )ST
PAL II�C UNTY )
On this 3 5S day of , 19�4 before me the undersigned a Notary Public in
and for said State,personally appeared Gerald F. Schnepf to me personally known,who
being by me duly sworn, did say that he is the Executive D' er o ai cor or do
executing the within and foregoing instrument, that t: °�� f` k "� '
said corporation; that said instrument was signed &...4.wal:d on behalf of said
corporation by authority of its Board of Directors; and that the said Gerald F. Schnepf as
such officer acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation by it and by him voluntarily executed.
Notary Public in and for the State of Iowa
MY CgMMI s NEfN IRES
BOOK PAGE lonwom_
• Ann Munn Heritage Woods
Conservation easement
Documentation
Table of Contents
Section
1. Property Location
Legal Description and Dictions
Iowa Map
County Map
City Maps
Site Specific Map
2. Property Background Information
i
Site History
3. Easement Summary
4. Legal Information
Conservation Easement Document
Deeds
Title Opinion
Utility map
Utility Easements
5. Natural Resources and Conservation Values
Climate,Soils,Hydrology
Bird and Mammal Species
Man-Made Features
Scenic features
Photographs
6. Easement Monitoring Updates
i
ownWom
y h
4issm
Gomm 400 ,a,
m Sy
IlkY ;�� on's
4K.1
z
A AND
WAY
r
�.a
r
sy r t e? d y ';
d't.,
Tor
i
'D#:
{
" r SEE
my
its
{ "
q-
k
s 5 2 }
K
�r!
F .+i50"�0 Y�
�F'
� m �
sf cry -
�r t
�G' 2 qc
Elw
'"n t w hs• } Y th Y
h E d k
r
11 Inv
, t
,.... .. .. .. .. . .. ,...v ..... .:.w, .. 1. ... ... .tom .. :s.H�waa
i
Location
The Ann Munn Heritage Woods is located in the west central part of the city of Ames in
Story County,Iowa. According to the surve taken in May, 1978,by David Cargill, the
property contains 42.99 acres more or less oPwoodland located along Clear Creek. The
.property is bordered to the south and north by residential development. To the west it
adjoins a parcel owned by the City of Ames. two parcels east is Emma McCarthy Lee
Park.
Legal Description: Lot 8 Sunset Rock Second Addition to the City of Ames.
WOK-3 PAGE._______
Iowa Map
O
j.�l I z I J ',h •� bQ
_._1
• l u /+
I 1 �
U I~ 1
Ile
I< IJ o i � Iz • ' IW 1�
� • I
I Y I W I Z
lu t 13
"n W ,O I �.—_._....-.-.-.� I m i
I
12 I j 0 �ZO
i I
--
I
_._._._._. W j I
i IY tm li • + I i I to I
I I
1
IF �< I
•
0
13 IY i0 I I • 13 j 1¢ I
W iu lu
1 I
i
Ix jo �F a
1 i
.yi t0 li j j j� i< I j
I W cz
to
j Z j i
� I j
110
I
1
10 to U iF is I I I4 + i�
! 1
j X IZ i
l0 1
to K to ;. O ,F
' o o
IJ y „ I
- p I IN I • .
In I j
O I
E h •�
ON
i= �•-- �p Story County Map
�..�. �s'(J�-L.p•sc:.�i®v - - ice'.
lit
--
ar' �•
O@2
i
m•1_w._• NS9-1 N►a-1 F: _'- NMI Hn-I
i i fi j
'/ - Y D � ■ _ .z f� _ _ •. s ! i �. _ yS
cn
Z ]Y < 111
r0 fl" J� kr7.
it L I ��7 • 1
G - 1 - I• r� L�t L
i
L r r
Z _. _ J O
2 t a - _ _ z ..W�• _
r_ .
Fo ; •6= 1 P. _ I -
F V N y O _
J a
Z s p _ _ •R > _ _ L_• ""M •1
' C •t _ C
'w
a ¢< ]
Z e Z F•N H. . E# N 1 - ' •r x�'I-1 t e2� 7 i _''i / O .ar:
' Z Z. O z - i• 7' i•`¢ Y .� L < .I u0.i '.r;.�:arTe I _ Z - s
V< z r- x l i< \ •a a• a •1 ,- `r r r'
=: oz> _ z<;j rFo j ,- _�{ :�`t` jr a. = r
Zz<z \_' c 3i'� L L - I - _s''i r - I - _ •' _:
7_.i• J. I 4 E :•
¢ 1 L _
< `0 <zo H� F ice' f <,s � [ - t• _ E ,,'6'I I _ ,. e•Q c ..� .. - .� ! S e x'-
W c s
W
z _ _ : _ -
J — � is '' o� ! •�''"�� " 6 ' �' _ I � ' �s`••x ` - ' - T-{-'i• _ _ ,
_.
< z —
:_'1 _ La _ I'y L ,�-••� 'f' ' o a c �"1� �• - /y •oz �••s yJ'•- 5 °`. '(z� >
Uj
LU
'^ /.'tea\--�. •c �r,t �'g_"�. �i •,: ` '' i. •
1 _ tr _r r ,iryr -r .� t'. •• -" P��j � -''�. _* r, '" ��z- 1
;J � - ',. ,�$ J:V .. itt,a ., .Fj: ••1�• .r�r�i� 'i �i�1-1I ��� - �r M_ � r --.r � - 1>
N r )l. R:. •t'•r _Y i. I �I � •�• .• -Tr f.,- f F• :•'' N.
c �� � i.I<- ,� _ � _ •� •Zi - � r':�r, � I.a _ .'� •,�ur••'r _ ...fl a
• 1 r— � r-� D
- •<. ui
-•y\�' •Jz•�• a ry• y - Y ' T-� i'iT � 9.tic`, I� :3a =�pj - 'C •' �aa•i r jw�tt?
_!=NCY l NfV-1 •O u�+. NMI NiQ-1 r it lS�l 1y_d(
fF
t
--- ....... ,
t
ya
s
tiiFi��s '§! i��f=��: f'� .- ....._�' •i ..._.l. •i � �} - _.., i - ... S i'e _--�.
ii i
`r _
�>:iFlliiiiiffFFiF4�iae�i�• - •..._._..... .—_ ------' -
City Map
i�
� so
G,4
c9F
NORTH
EMMA.MCCARTHY LEE PARK
AMES
MUNN WOODS
40 ACRE WOODLAND
• •• 13 TH ST
r PAMMEL WOODS •�"
CITY OF AMES
_PROPERTY
LINCOLN WAY
IOWA STATE
UNIVERSITY
F
x
4
HWY 30
O
W
MUNN WOODS, AMES IOWA
IOWA NATURAL HERITAGE FOUNDATION
City Map
EZ 18 STREET MAPS - TRANSPORTATION
Adams s i
000
> � Wao�ewn Cir
e Rd
� sr.Nderaae �
a a CY
Dr Meow
�r tevereson d rnnnan rn„n A aw
awMp`e'G Breokenn e Cl b Sr ar-
MAP 1 $0Bk Dr r K 29bn
St°� a aa'" 1
I.
�� z ,
A S
Psndaast CG' P N �: 1
?arh S?
cir�,a c ,�N.yc
�a Green Dr {i
t� '�o�rr„
?ont Sr d` 11 40
.. Taney Pkw Rd 4 r✓nn
3s3 9
e �
YEERKER of ry w Dr Du4mr;
ooLF � 4 t
CasWwood Ame"Dr >
` �npm RdL—Am, eSr� i � Tawxo � 3 < -
a r3a sr _ a
Y � Atatro$t
v1 a IS ;S ' a > �` �cn►anaKast < Sr
> .wa sr r N,n. Sr t st
> a oea
K . BROOKStDE S;
Arkinc
m EMMA UkCAMM L rPamnro/Or 16 a
IOWA PARK S Si
K Ann Munn Herita e Woods
,y u �I ST E
'o ; ' Woodland St d, v d'
orl:ollege Creek a 3rd
3S 1 t war sr NIVE /
W nc W r TR~ rarYSt Lake
LaVetne Wy
Ln
a� �A1COir Lereo es lb In St n0 > S tea_ ....._ Ardor > 6 \\
n >GY 'K i 7 K ) S St
fi R rr q
` ¢ lyi t$ �./ e a e 5 I.S.U.center ! An
u 35 SY
i4 Welkxis 3Rd3 = K t <8ek St J 9 $1 (� 'VEIL nu
4`$ .Hams St Cay St i St H Latl °6 b PARKt�y'�
teak C
To BOOM a a Nay Rd ai3
Rd ; i
Mortensen Rd $ c3 Or
ac cmdd C � d, /`sl!more Or
8 n
(� IA n S 16ar St
a a erne Ln
J` pc �Cr
ry«
3 OA Dan Ct
2 Pe me CF
A� r StoCkberty CC Ct
AAeedow
dad Sae beck}
RAILWAY HuryllOn 4 wry B7 Cr ArorJdnCt
PARK d Gr AirpNl Rd
01
ti
Ad 3 � Brr oat Cirr
it.Oct Gr a
AMES
?wnw*N Statbn Rd
MUNICIPAL
$ a AIRPORT
� W� v
N
WK.n.X11t�,..P�..._.e�.�e..
e�
ZO
w � ~
"+" lit. • } Q• � Y
Ix
Urco
1 ---r'
to
j o
¢ '
AJ
a:
DOM
9M PAGE.. ....,.._
'.F sd M w�. "� �y -•
i a
t Fa o
d
P >
s 4l
n °.+tee"
t11-I
70
Ws
}
3 d S
=r
N,
x
j ! 4 1 �R
( f $
_4 w
f�
.r
t
•
Him
Ann Munn Heritage Woods has enjoyed a rich history with many exciting ties to the
past. In the 1840's and 1850's, the original Daniel Boone wagon and stage coach trail is
believed to have run through the woods. This historical remnant as well as the natural
beauty and diversity was realized in 1920 when the area was considered for a state
park.
In April of 1920, a petition was circulated by the Ames Commercial Club,predecessor
to the Ames Chamber of Commerce,in response to an announcement that the State
Conservation Board was seeking applicants for new state parks. The park was to offer
camp sites and a full time warden along the Lincoln Highway. Although the park did
not materialize and the area has since been encroached by residential housing the site
now known as Munn Woods and other wooded segments along Clear Creek still
remain.
42 acres of the land was later purchased by Hiram Axtell Munn as a birthday gift for his
wife,Ann. The area was then enjoyed by the Munn family for day and weekend
outings for many years. Three generations of the Munn family had since enjoyed the
wooded area when the family was approached by a local developer who wanted to
acquire the land for a housing subdivision. The Munn family decided to see if there
• were any alternatives to selling the property for housing.
In September of 1991 the Iowa Natural Heritage Foundation was contacted by the
Munn family to help preserve the site. The Foundation was given an option to buy the
propertyat a rice of 100 000 which was 130 000 less than market value and$230,000
less hn the offer from the local developer. The option expired April 1, 1992. This gave
the Foundation the time needed to raise the funds required to purchase the land. The
property was then donated to the City of Ames on July 28, 1992, and the Iowa Natural
geritage Foundation was granted a conservation easement from the City of Ames to
ensure the lasting beauty and resources of the site.
•
77,
5
WN
WSW
sr
'f
>a s
a5 f too
k .i 0.4
ON
VAX
don
Ig
40,
00)
Y
r
* r �
key,' h. ll r y Gtos
s �
two
� a
I] m v
v� 70 1 i v
z �
W
FIR
nox
10
got
VAN
Y� v1d P t
h
Easement Summary
GRANTOR/NAME OF PROPERTY: Ann Munn Heritage Woods
Current Owner: City of Ames PHONE: 515/239-5105
Address: 515 Clark,Ames,Iowa 50010
Easement Size: 42 acres; Location: West Central Ames,north of Hickory Drive and
south of Phoenix Ave.
PURPOSE OF EASEMENT (why the property was protected):
It is the purpose of the Conservation Basement to assure that the Property will be
preserved forever in its natural,scenic,forested, and open space condition and to
prevent any use of the Property that would significantly impair or interfere with its
conservation values. Grantor intends that this Easement will confine the use of the
Property to such activities as are consistent with the purposes of this Easement.
RIGHTS OF GRANTEE
To accomplish the purposes of the easement, the following rights are conveyed to
Grantee:
1. To preserve and protect the conservation values of the Property.
2. To enter upon the Property at reasonable times (but not less often than once each
calendar year,) in order to monitor Grantor's compliance with and otherwise.
enforce the terms of this Easement; provided that such entry shall be upon prior
reasonable notice to Grantor, and that Grantee shall not unreasonably interere
with Grantor's use and enjoyment of the Property.
3. To prevent any activity on or use of the Property that is inconsistent with the
furposes of this Easement, and to require the restoration of such areas or
eatures of the Property that may be damaged by any inconsistent activity or use.
PERMITTED USES
Grantor reserves to themselves,and to their personal representatives, successors,
and/or assigns, all rights accruing from their ownership of the Property,including the
right to engage in or permit or invite others to engage in all uses of the Property that are
not expressly prohibited herein and that are not inconsistent with the purpose of this
Easement. Without limiting the generality of the foregoing, the following rights are
hereby expressly reserved:
1. Public Access
2. Hiking
3. Birdwatchingg and wildlife observation
4. Mushroom,berry and nut harvesting
5. Maintenance,enhancement or upgrading of footpaths with a natural,soft
material such as bark chips, sand or crushed li;nestone.
6. Construction and maintenance of entry,boundary,or regulation signs with prior
approval of grantee.
7. Construction of no more than three seating benches made of wood,placement to
is be approved by grantee.
8. Environmental education activities
In the event that Grantor desires to undertake activities not specifically permitted by the
foregoing subparagraphs (1-8), and not specifically prohibited by the provisions below,
Grantor shall notify Grantee in writing not less than ninety (90) days prior to the date
Grantor intends to undertake such activity. The notice shall describe the nature,scope,
design,location, timetable, and any other material aspect of the proposed activity in
sufficient detail to permit Grantee to make an informed judgment as to its consistency
with the purposes of this Easement.
PROHIBITED USES
Any activity on or any use of the Property inconsistent with the purposes of this
Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited.
1. Construction or erection of any building or structure whether recreational,
commercial,residential or industrial.
2. Establishment of any commercial livestock feed lot.
3. Dumping of ashes, trash,rubbish, garbage,offal,or any other unsightly or
offensive materials.
4. Placing billboards,outdoor advertising structures,or advertisements of any kind
on the Property except; entrance,boundary, and educational signs approved in
advance as to size and content by Grantee.
5. Any exploitation of mineral resources,by either subsurface or surface means.
6. Agricultural practices,including grazing, cultivating, tilling,ploughing,hay
cutting and timber harvesting for commercial purposes.
7. Use of pesticides or herbicides,except for the eradication of species detrimental
to the natural beauty and ecological integrity of the property as approved in
advance by Grantee.
8. Use of motorized vehicles of any type,except as may be necessary for
maintenance of the Property consistent with the purposes of this Easement.
9. Introduction of non-native plant species,except as may be necessary,with the
prior approval of Grantee,for erosion control purposes.
10. Construction of recreational equipment,shelters,picnic tables or other structures
designed to promote recreational activities beyond the intent of this easement,
except as provided in subparagraphs 5 and 7 above under permitted uses.
11. Hunting or trapping;provided,however, that animals deemed to be detrimental
to the personal safety of Grantor or to the conservation values intended to be
protected by this Easement may be removed with the prior approval of Grantee.
12. Construction or enlargement of any road.
13. Permanent alteration of the topography of the Property or its drainage systems,
except for the purposes of: 1) erosion control,2) exercise of rights granted under
the easements for drainage and utilities shown on the official plat of Lot 8, Sunset
Rock Second Addition to the City of Ames. 3) enhancement of wetland values,4)
public safety considerations,or 5) for purposes protective of the natural integrity
of the property;
14. Installation of new utility structures or lines outside of existing utility easements.
i
•
IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE
Official Form No. 104 OF THIS FORM,CONSULT YOUR LAWYER
SPACE ABOVE THIS LINE
WARRANTY DEED FOR RECORDER
' ;::•°` (CORPORATE GRANTOR)
Fortheconsiderationof gift - no consideration
Dollar(s)and other valuable consideration, Iowa Natural Heritage Foundation
a corporation organized and existing under the laws of State of Iowa
does hereby Convey to City of Ames
the following described real estate in Story County,Iowa:
Lot 8 in Sunset Rock Second Addition to the City of Ames, Iowa;
AND
A perpetual nonexclusive easement for ingress to and egress from Lot 8 in
Sunset Rock Second Addition to Ames, Iowa, over and across a strip of land
(the easement area) described as the west fifteen feet of Lot 8 in Second
Addition to Westbrook Subdivision of Ames, Iowa, 'as measured on a line
perpendicular to the common boundary line between Lots 8 and 9 in Second Addition
to Westbrook Subdivision of Ames, Iowa. This easement is granted to grantee
subject to compliance by grantee and its successors and assigns with the following
terms and conditions:
See Exhibit A attached.
This conveyance is further subject to a Deed of Conservation Easement from the
City of Ames to the Iowa Natural Heritage Foundation.
Gift no revenue stamps required.
The Corporation hereby covenants with grantees,and successors in interest,that it holds the real estate by title in fee
simple;that it has good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens
and encumbrances,except as may be above stated;and it covenants to Warrant and Defend the real estate against the
lawful claims of all persons,except as may be above stated.
Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number;
according to the context.
IOWA NATURAL HERITAGE FOUNDATION
Dated: By
Gerald F. Schnepf, Executive DirectMre
By
Title
STATE OF IOWA POLK COUNTY,ss: I
On this day of 19 92 before me,the undersigned,a Notary
Public in and for said State,personally appeared Gerald F. Schnepf an}
to me personally known,who being by me duly sworn,did say that they are the Executive Director
and
respectively,of said corporation;that(no seal has been procured by the said)corporation;that said instrument was signed
(the seal affixed thereto is the seal of said)
and sealed on behalf of said corporation by authority of its Board of Directors;and that the said Cara 1 A >•_ SrhnPnf
and as such officers, acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed.
Notary Public
^Iowa State Bar Association 104 WARRANTY DEED
f iMs Printing January.1990 Revised September,1986
e+r
Exhibit A
(a) The easement area shall be used only for travel by
maintenance vehicles, emergency vehicles and pedestrians over an
improved all-weather surface such as Portland Cement concrete,
asphaltic concrete , crushed rock or wood chips.
(b) Grantee, its successors and assigns, shall at all times
maintain the easement area in a clean and orderly condition
compatible with the landscape features of the adjacent
residential properties.
(c) Grantee. its successors and assigns, agree to indemnify and
hold the grantor and its successors and assigns harmless as to
all loss, damage or expense sustained personally by them and as
to all liability they may incur to third persons by reason of
damages or injuries to persons or property resulting from the
exercise of the easement rights granted under this instrument.
The warranties of title hereinafter provided are subject to
applicable zoning, subdivision, health and rental housing
regulations; restrictive covenants of record; the restrictive
covenants hereinafter provided; and existing easements, streets
and other public right-of-way that may cross the Property.
The above described real estate shall be preserved in its
existing natural state for conservation and public recreation
purposes by the grantee, its successors and assigns. No
improvements shall be constructed or placed on said real estate
other than for the purposes of preserving its existing natural
state and affording pedestrian access thereto by the general
public. Said real estate shall be known and identified as the
"ANN MUNN HERITAGE WOODS. " A sign identifying said real estate
as the "ANN MUNN HERITAGE WOODS" shall be erected, maintained and
displayed at each point of public access to said real estate.
The covenants, conditions and restrictions contained in this
paragraph shall operate as covenants running with the land for
the benefit of any and all persons who may now or hereafter be
residents of the City of Ames. Iowa; and any of such persons
shall have the right to enforce these covenants, conditions and
restrictions through all available proceedings at law or equity
against the person or persons violating or threatening to violate
same.
s
F" *A. w a 5 I 11
iii
&.
'� Kc fe fi
u { _ f
M _
C 4
.� . +.
Y x �`•}''
w ., .: `,
< Rr :-.
.. '
y.
i YJ t t Ax.
t
41 , s
, t it
r
4 s �`' `
I
t
a
N` T:
d
'` ,!'� J S ;s a,0��I1,1I!I�"�IFA'!"rII I.:I�l'.�,,ii�'�"Z II 4I��,,-1,I;-'1-I;1�I��I"'�i 1-�,.,.1�`�.',',��l�-"�1 I—",1�Ii�,,,e"1"�"1.;j!".'1,I,��"1-1",��1�',21Z,l,"��,l,l�,��1,---".�",I�,t.'-'t���'-�,;I l,1:���,",�',,,",".,.,'I."�l,1"".i',1 I,,,-,'�-�,�I,��"�l���I.-lII��-l'"','�-''��I;"I-'o'4"1I,�i 1,��--',,,Li�.�1-�i�'-;�,I""r,`",�1,1-'",'4-"�,-�'��1""��j I 1�.,�-�;-'-'":I1'"i"'.—-�"-l�i.,-�*".i�'',t,i,i'Il�2'�-"'4�'�"'I'llt,,,''.1�'E��.)I i.��',I",-.�,��4,.,,,,�r-,�-"-1,��I:�-lx19.,�'''"-'l'—�"1�,I,�.-��e',��1I��7",,',A 1.�,,'.1'4.I�"I.-,�,-p1'I—,i"�,,,1I�1''�-,��",�'1,-I�,�";,-1�I'"1,�,11.';I�,i`I,.��'�.-1'""'�:,�'l-'"�I,'--',"�':I.I,i-�I'i,lI,�"",����-r-�"—,,,i,k��.,-"I 4 I�-:,Iil'�I�',.'';�',�:',-,"'"��'-'��1A','�-i i"...�.I"'�"-.�-,.,-"","��-'�_,�:I I�",i--��1I,1.,1I�-''l,,"I�.",��4.,"-''-t�,I 1�,,�'�,�I'��-'-I,�I-_�"-,,:.��--I."',�I.�i'-i-'Ii''""I I':'",i�:i.'11'".�l4,v'I',1,,�"--�',�!-1';.,'1�li'—I-,'"'�.�..%,I""""1'.";�i.�'4 1"-;�7 I�'�,,"'-,"-"I1�I--1"��-",,'�-��'�'I I�'','.:—,�'1��-""�_�-���—I',I
Ay y of �.'"2'. s.k� ;
.m, � �;" " t ,dam � fig.
k j
+ { � -�."
I 2 '
kf g
rot$.` ,4 r a?1l'j -''
s 4 x .t #
r
,,7' yy$'4' ; vZ ,
4 s.
_ ,� i
r
{
t �€� 'x + emsIi
^E Ikp ` * �R'� +
�, 1 4" r ':
-11
u R w
uY ' I
3A P, f ^b &`H,
4 yg -stvy k q }8 - {
dy. 6�T 'h g`+�i%y N- Y4
"s€ `
e
' f. 9a
'f S' - . ##'i," , ,,, `�; Y eta s
Y§ z i 4-S � + F,
.�?' `^ .. �r - r .g .+�,ro it
". 7
s
y$ b ,
Y } 1-~ } ti
Aye t
t 'y+W'F� }s=Tk,
r
u �
as
xe
' `* �� , )
r ," a .-,v t-
p
& x" fly v ;r
F " 1. N} "v
; x, xcv"-. ,A
V S•?.. x i t , , ', t.4
f
"- a
to 2 s > 3':.
a d 5
i k r
*t s i J x s ' ,t ,
jC
"' '. S.,
i CITY OF AMES , IOWA 50410
July 8, 1992
Ms. Lisa Hein
Trails .and Greenways Coordinator
Iowa Natural Heritage Foundation
444 Insurance Exchange Building
505 Fifth Avenue
Des Moines, Iowa 50309-2321
Re: Ann Munn Heritage Woods Conservation Easement
Dear Lisa:
The draft sent with your letter of June 19th has been reviewed by myself and
with the Ames City Manager. It is acceptable and will be presented to the
City Council for approval .
As you may recall , the approval process is in two parts to comply with the
procedure of Section 364.71
Code of Iowa. At the meeting of July 14th, the
City Council will pass a resolution proposing to accept the deed from the
Foundation and grant back the easement to the Foundation, setting a date of
hearing for July 28th. Then, at the July 28th meeting, the City Council will
pass a resolution finally accepting the deed and approving the grant back to
the Foundation of the Conservation Easement.
The cooperation and patience of the Foundation in working out the language of
these instruments to our mutual satisfaction is sincerely appreciated,.
Yours truly,
John R. Klaus
City Attorney
515 Clark Avenue P.O. Box 811
Ames, Iowa 50010
(515) 239-5146
JRK:gmw
cc: Steve Schainker
Nancy Dionigi
AMES - THE CENTER OF IT ALL
M
F �
RESOLUTION N0. 92-268
RESOLUTION PROPOSING THAT THE CITY OF AMES ACCEPT A
DEED TO ANN MUNN HERITAGE WOODS AND GRANT A CONSER-
VATION EASEMENT TO THE IOWA NATURAL HERITAGE FOUNDA-
TION; SETTING DATE OF HEARING
BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that it
is proposed to accept a deed to land commonly called the Ann Munn Heri-
tage Woods, which may be described as: .
Lot 8, Sunset Rock Second Addition, Ames, Iowa,
and grant a conservation easement over said land to the Iowa Natural
Heritage Foundation.
BE IT ALSO RESOLVED, that a public. hearing on said grant of easement
shall be held, per Section 364.7(1) Code of Iowa, in conjunction with
the meeting of the Ames City Council scheduled for 7:00 p.m. July 28,
1992, at City Hall, Ames, Iowa. ;-�zy2,
k.. Aei*'
r
Larry R. Wttis.q. Mayor
Attest:
• r a. � !' 'fir'~ ', 't/4:
Narfcy Dioni , CW Clerk
Resolution declared adopted and signed by the Mayor this 14th day
of July, 1992.
01245
INST.NO.
STORY COUNTY,IOWA
FILED FOR RECORD
Q AM JUL 3 1 1992 PW
1
SUSA�VAE
MP,Recorder
91ecording Fee$ S ®�
Auditor's Fee$
WOK 3 3U PAGE 8
vf�
4
• RESOLUTION NO. 92-288
RESOLUTION AUTHORIZING GRANT OF A CONSERVATION
EASEMENT FOR ANN MUNN HERITAGE WOODS
BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that the
deed of the Iowa Natural Heritage Foundation to land commonly called Ann
Munn Heritage Woods be accepted and that there be granted back, in
consideration of that deed, a conservation easement, all with respect to
land that may be described as:
Lot 8, Sunset Rock Second Addition, Ames, Iowa,
BE IT ALSO RESOLVED, that the Mayor shall execute the instrument for the
grant of said easement and that the City Clerk shall attest thereto
�A
Larry R CuttJ s Mayor
Attest:
f u-
'Mncjf Dion Ci Clerk l
Resolution declared adopted and signed by the Mayor this 28th day
of July, 1992.
U1246
INST.NO.
STORY COUNTY,IOWA
FILED FOR RECORD
�4AA JUL 31 1992 VK
SUSAN L VANDE I�(�AMP,Recorder
Recording Fee$ d . OV
Auddors Fee$
81 ( 3-3 PAGE�-
v
F
i
Proof of Publication in The
DAILY TRI1?U4E
TTE OF IC10, T!Sr;Y Cl1UHT'. _s.
1, Craig McMulli:; / 4--trr=F st, on oath depose and
say that I are president / ac+r.-rx—tffl -era'rrager of
THE DAILY TRIBUNE, a daily newspaper, printed
at limes, Story County, Ionia; that the annexed
LEGAL NOTICE printed
This is to give notice as required by
Section 364.7(1) Code of Iowa, that: it CITY OF AMES
has been proposed by Mies City Council C e
Resolution No.92-268A, adopted July 14, Heritage Wood asement
1992, that the"CTty accept a Deed from
the Iowa Natural Heritage Foundation of
land commonly known as the Ann Munn
Heritage Woods, also described as Lot 8,
Sunset Rock Second Addition, Ames, Iowa, was published in said newspaper for 1
and that the-Cilry-grant back-'to the said consecutive weeks, the first
foundation a conservation easement all as
more fully and particularly described by and the last of said publication was on the
instruments and documents now on file
with an available for public inspection • 29th day of July, 1992.
in the office of the.Mies City Clerk;
and, a public hearing on the granting of .
the proposed conservation easement shall V a
be held in conjunction with the meeting'. •
Of the Ames City Council scheduled to
begin at 7:00 p.m. at City Hall, Ames, -- — — -- —
Iowa on July 28, 1992.
Nancy Dionigi, City Clerk Sworn to hefor a and subscribed in my
Published in The Daily Tribune Juy 20.1992.
presence by Craig McMullin /—�o�t
this 2
0
,.nd day y of July, 1992.
. ... .. ... ... .. _. ; � NE A. N H LA
0124� pow ,Notary Public
INST.NO.STORY COUNTY, IOWA in Ind for the State of Iowa
FILED FOR RECORD
JK 31 1Y72 ,PW
�/ Fees, $7.b3.
O �_��� @
RW-46 �I Fw
Fee$ '—
PAGE.—�--
�.! 91249 1
r � INST.NO. IOWA
P STORY COUNTY,
FILED FOR RECORD
% JUL 3 1 199201
SUSANVA�NDE KAMP,Recorder
Recording Fee$ • Co
Auditors Fee$
CITY OF AMES, IOWA
AND
IOWA NATURAL HERITAGE FOUNDATION
CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT ("Easement") is made this
27th day of July, 1992, by THE CITY OF AMES, IOWA, (hereinafter
referred to as "Grantor") , to the IOWA NATURAL HERITAGE
FOUNDATION, a nonprofit corporation of the State of Iowa with a
principal office in the Insurance Exchange Building, Suite 444 at
505 5th Avenue, Des Moines, Iowa 50309 (hereinafter referred to
as "Grantee") .
RECITALS:
WHEREAS, Grantor is the owner of certain real property in the
city limits of Ames, Story County, Iowa, more particularly
described as Lot in Sunset Rock Second Addition to the City of
Ames, and identified as Ann Munn Heritage Woods and incorporated
Q by this reference (the "Property") ; and
WHEREAS, Grantor has agreed to this grant of Conservation
0 Easement as a condition of the Grantee acquiring said real estate
and conveying said real estate as a gift to Grantor; and
WHEREAS, the Property possesses significant natural, scenic, open
Q space, educational, and/or recreational value appropriate for
conservation and preservation under the standards of Section
-�- 111D.1 of the Code of Iowa; and
WHEREAS, the specific conservation values of the Property are
S documented in an inventory of relevant features of the Property,
dated July 28, 1992, attached hereto as Exhibit A and
incorporated by this reference, which consists of reports, maps,
photographs and other documentation that the parties agree
provide, collectively, an accurate representation of the Property
D at the time of this grant intended to serve as an objective
S information baseline for monitoring compliance with the terms of
this Easement; and
WHEREAS, Grantor intends that the conservation values of the
Property be preserved and maintained by the continuation of land
4C
BOOK. 33 0-PAGE___�---
2
use patterns existing at the time of this grant, including,
without limitation, those relating to passive, recreational uses,
etc. that do not significantly impair' or interfere with those
conservation values; and
WHEREAS, Grantor further intends to convey to Grantee the right
to preserve and protect the conservation values of the. Property
in perpetuity; and
WHEREAS, Grantee is a private, nonprofit, publicly supported,
tax-exempt organization, qualified under Section 501 (c) (3) and
170 (h) of the Internal Revenue Code, whose primary purpose is- the
preservation, protection and enhancement of land in its natural,
scenic, historical, agricultural, and/or open space condition;
and
WHEREAS, Grantee agrees by. accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect
in perpetuity the conservation values of the Property for the
benefit of this generation and the generations to come;
NOW, THEREFORE, in consideration of the above recitals and the
mutual covenants, terms, conditions and restrictions contained
herein and pursuant to the provisions of Chapter 111D of the Code
of Iowa, Grantor hereby voluntarily grants and conveys to Grantee
a conservation easement in perpetuity over the Property of the
nature and character and to the extent hereinafter set forth.
1. Purpose. It is the purpose of this easement to assure that
the Property will be preserved forever in its natural, scenic,
forested, and open space condition and to prevent any use of the
Property that would significantly impair or interfere with its
conservation values. Grantor intends that this Easement will
confine the use of the Property to such activities as are
consistent with the purposes of this Easement.
2 . Rights of Grantee. To accomplish the purpose of this
Easement, the following rights are conveyed to Grantee:
(a) to preserve and protect the conservation values of the
Property:
(b) to enter upon the Property at reasonable times but not
less often than once each calendar year, in order to monitor
Grantor' s compliance with and otherwise enforce the terms of this
Easement;provided that such entry shall be upon prior reasonable
notice to Grantor, and Grantee shall not unreasonably interfere
with Grantor' s use and enjoyment of the Property; and
(c) to prevent any activity on or use of the Property that
is inconsistent with the purposes of this Easement, and to
require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use, pursuant
to the provisions of paragraph 6 hereof.
PAGE 3______
3
3. Permitted Uses. Grantor reserves to themselves, and to
their personal representatives, successors, and/or assigns, all
rights accruing from their ownership of the Property, including
the right to engage in or permit or invite others to engage in
all uses of the Property that are not expressly prohibited herein
and that are not inconsistent with the purposes of this Easement.
Without limiting the generality of the foregoing, the following
rights are hereby expressly reserved:
(a) Public access;
(b) Hiking;
(c) Birdwatching and wildlife observation;
(d) Mushroom, berry and nut harvesting;
(e) Maintenance, enhancement or upgrading of footpaths with
a natural soft material such as bark chips, sand, or crushed
limestone;
(f) Construction and maintenance of entry, boundary or
regulation signs with prior approval of grantee;
(g) Construction of no more than three seating benches made
of wood, placement to be approved by grantee;
(h) Environmental education activities.
In the event that Grantor desires to undertake certain activities
not specifically permitted by the foregoing subparagraphs (a-h) ,
and not specifically prohibited by the provisions of paragraph 4
below, Grantor shall notify Grantee in writing not less than
ninety (90) days prior to the date Grantor intends to undertake
such activity. The notice shall describe the nature, scope,
design, location, timetable, and any other material aspect of the
proposed activity in sufficient detail to permit Grantee to make
an informed judgment as to its consistency with the purposes of
this Easement.
4. Prohibited Uses. Any activity on or use of the Property
inconsistent with the purposes of this Easement is prohibited.
Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Construction or erection of any building or structure
whether recreational, commercial, residential or industrial;
(b) Establishment of any commercial livestock feed lot;
(c) Dumping of ashes, trash,. rubbish, garbage, offal, or
any other unsightly offal, or any other unsightly or offensive
materials;
BOOK 53(5 PAGE 34---
4
(d) Placing billboards, outdoor advertising structures, or
advertisements of any kind on the Property; except entrance,
boundary, and educational signs approved in advance as to size
and content by Grantee;
(e) Any exploitation or mineral resources, by either
subsurface or surface means;
(f) Agricultural practices, including grazing, cultivating,
tilling, ploughing, hay cutting and timber harvesting for
commercial purposes;
(g) Use of pesticides or herbicides, except for the
eradication of species detrimental to the natural beauty and
ecological integrity of the Property as approved in advance by
Grantee;
(h) Use of motorized vehicles of any type, except as may be
necessary for maintenance of the Property consistent with the
purpose of this Easement;
(i) Introduction of non-native plant species, except as may
be necessary, with the prior approval of Grantee, for erosion
control purposes;
(j) Construction of recreational equipment, shelters,
picnic tables or other structures designed to promote
recreational activities beyond the intent of this easement,
except as provided in subparagraph 3 (e) and (g) ;
(k) Hunting or trapping; provided, however, that animals
deemed to be detrimental to the personal safety of Grantor or to
the conservation values intended to be protected by this Easement
may be removed with the prior
approval of Grantee;
(1) Construction or enlargement of any road;
(m) Permanent alteration of the topography of the property
or its drainage systems, except for purposes of: 1) erosion
control, 2) exercise of rights granted under the easements for
drainage and utilities shown on the official plat of Lot 8,
Sunset Rock Second Addition to the City of Ames, 3) enhancement
of wetland values, 4) public safety considerations, or 5) for
purposes protective of the natural integrity of the property;
(n) Installation of new utility structures or lines outside
of existing- utility easements.
5. Grantee' s Remedies. If Grantee determines that Grantor is
in violation of the terms of this Easement, or that a violation
• is threatened, Grantee shall give written notice to Grantor of
such violation and demand corrective action sufficient to cure
E �� PAGE 3
5
the violation and, where the violation involves injury to the
Property resulting from any use or activity inconsistent with the
purposes of this Easement, to restore the Property so injured.
If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured
within a thirty (30) day period, fail to begin curing such
violation within the thirty (30) day period, or fail to continue
diligently to cure such violation until finally cured, Grantee
may bring an action at law or in equity in a court of competent
jurisdiction to enforce the terms of this Easement, by temporary
or permanent injunction, to recover any damages to which it may
be entitled for violation of the terms of this easement or injury
to any conservation value protected by this Easement, including
damages for the loss of scenic, aesthetic, or environmental
values, and to require the restoration of the Property to the
condition that existed prior to any such injury. Without
limiting Grantor' s liability therefore, Grantee, in its sole
discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the property. Grantee' s
rights under this paragraph apply equally in the event of either
actual or threatened violations of the terms of this Easement.
5.1' No Waiver. Any forbearance by Grantee to exercise its
rights under this Easement in the event of any breach of any term
of this Easement by Grantor shall not be deemed or construed to
be a waiver by Grantee of such term or any subsequent breach of
the same or any other term of this Easement or of any of
Grantee' s rights under this Easement. No delay or omission by
Grantee in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a
waiver.
5.2 Acts Beyond Grantor' s Control. Nothing contained in this
Easement shall be construed to entitle Grantee to bring any
action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor' s control,
including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant
injury to the Property resulting from any such cause.
5.3 Arbitration. If a dispute arises between the parties
concerning the consistency of any proposed use or activity with
the purposes of this Easement, and Grantor agrees not to proceed
with the use or activity pending resolution of the dispute, .
either party may refer the dispute to arbitration by request made
in writing upon the other. Within thirty (30) days of the
receipt of such request, the parties shall select a single
arbitrator to hear the matter. If the parties are unable to
agree on the selection of a single arbitrator, then each party
shall name one arbitrator and the two arbitrators thus selected
shall select a third arbitrator; provided, however, that if
either party fails to select an arbitrator, or if the two
BWK-33C)PAGE --
6
arbitrators selected by the parties fail to select the third
arbitrator within fifteen (15) days after the appointment of the ,
second arbitrator, then in each such instance a proper court, on
petition of a party, shall appoint the second or third
arbitrator, or both as the case may be, in accordance with Iowa:
statutory authority or any successor stature than in effect. The
matter shall be settled in accordance with Iowa statute or other
appropriate procedural reference
P P e ce then in effect, and a judgment
on the arbitration award may be entered in any court having
jurisdiction thereof. The fees and expenses of the arbitrators
shall be shared equally the parties hereto.
6. Access. The right of access by the general public to any
portion of the Property is conveyed by this Easement.
7 . Costs and Liabilities. Grantor retains all responsibilities
and shall bear all costs and liabilities of any kind related to .
the ownership, operation, upkeep and maintenance of the Property,
including the maintenance of comprehensive general liability
insurance coverage.
8. Hold Harmless. Grantor shall hold harmless, indemnify, and
defend Grantee and its members, directors, officers, employees,
agents, and contractors and the heirs, personal representatives,
successors, and assigns of each of' them (collectively
"Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action,
claims, demands, or judgements, including, without limitation,
reasonable attorneys fees, arising from or in any way connected
with: (i) injury to or the death of any person , or physical
damage to any property, resulting from any act, omission,
condition, or other matter relating to or occurring on or about
the Property, regardless of cause, unless due mostly to the
negligence of any of the Indemnified Parties; and (ii) the
obligations specified in paragraph 7.
9. Extinguishment. If circumstances arise in the future such
as render the ,purposes of this Easement impossible to accomplish,
this Easement may only be terminated or extinguished, whether in
whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which the Grantee
shall be entitled, after the satisfaction of prior claims, from
any sale, exchange, or involuntary conversion, of all or any
portion of the Property subsequent to such termination or
extinguishment, shall be determined, unless otherwise provided by
Iowa law at that time, in accordance with paragraph 9.1 .
9.1 Condemnation. If this Easement is taken, in whole or in
party, by exercise of the power of eminent domain, Grantee shall
be entitled to compensation in accordance with applicable law.
Any award of compensation to the Grantor, except for attorney
fees, shall be paid over to the Grantee.
i
33
PAGE
3�
�._..�
7
10. Assignment.. This Easement is transferable, but Grantee may
assign its rights and obligations at the time of transfer under
Section 170 (h) of the Internal Revenue Code of 1986, as amended
(or any successor provisions then applicable) , and the applicable
regulations promulgated thereunder, and authorized to acquire and
hold conservation easements under Section 111D.8 of the Code of
Iowa (or any successor provision then applicable) . As a
condition of such transfer, Grantee shall require that the
conservation purposes that this grant is intended to advance,
continue to be observed.
10.1 Executory Limitation. If Grantee shall cease to exist or to
be a qualified organization under Section 170 (h) of the Internal
Revenue Code of 1986, as amended, or to be authorized to acquire
and hold conservation easements under Iowa law, and a prior
assignment is not made pursuant to paragraph 10, then Grantee' s
rights. and obligations under this Easement shall become
immediately vested in The Nature Conservancy. If The Nature
Conservancy is no longer in existence at the time the rights and
obligations under this Easement would otherwise vest in it, or if
The Nature Conservancy is not qualified or authorized to hold
conservation easements as provided with respect to assignments
pursuant to paragraph 11, or if it shall refuse such rights and
obligations, then the rights and obligations of this Easement
shall vest in such organization as a court of competent
jurisdiction shall direct pursuant to applicable Iowa law and
with due regard to the requirements for an assignment pursuant to
paragraph 11.
11. Subsequent Transfers. Grantor agrees to incorporate the
terms of this Easement in any deed or other legal instrument by
which they divest themselves of any interest in all or a portion
of the Property, including, without limitation, a leasehold
interest. Grantor further agrees to give written notice to
Grantee of the transfer of any interest at least twenty (20) days
prior to the date of such transfer. The failure of Grantor to
perform any act required by this paragraph shall not impair the
validity of this Easement or limit its enforceability in any way.
12. Estoppel Certificates. Upon request by Grantor, Grantee
shall, within twenty (20) days execute and deliver to Grantor any
document, including an estoppel certificate, which certifies
Grantor' s compliance with any obligation of Grantor contained in
this Easement and otherwise evidences the status ofthis Easement
as may be requested by Grantor.
13. Notices. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to
the other shall be in writing and either served personally or
sent by first class mail, postage prepaid, addressed as follows:
To Grantors:
• City of Ames
515 Clark
BO FA GE
Q
8
Ames, Iowa 50010
iAttention: City Manager
To Grantee:
Iowa Natural Heritage Foundation
444 Insurance Exchange Building
505 5th Avenue
Des Moines, Iowa 50309
Attention: . Land Stewardship Program Director
or to such other address as either party from time to time shall
designate by written notice to the other.
14 . Recordation. Grantee shall record this instrument in timely
fashion in the official records of Story County, Iowa, and may
re-record it at any time as may be required to preserve its
rights in this Easement.
15. General Provisions.
(a) Controlling Law. The interpretation and performance of
this Easement shall be- governed by the laws of the State of Iowa.
(b) Liberal Construction. Any general rule of construction
to the contrary notwithstanding, this Easement shall be liberally
. construed in favor of the Grant to effect the purposes of this
Easement and the policy and purposes of Chapter 111D of the Code
of Iowa. If any provision in this instrument is found to be
ambiguous, an interpretation consistent.with the purposes of this
Easement that would render that provision valid shall be favored
over any interpretation that would render it invalid.
(c) Severability. If any provision of this Easement, or
the application thereof to any person or circumstance, is found
to be invalid, the remainder of the provision of this Easement,
or the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
(d) Entire Agreement. This instrument sets forth the
entire agreement of the parties with respect to this Easement and
supersedes all prior discussions, negotiations, understandings,
or agreements relating to this Easement, all of which are merged
herein. No alteration. or variation of this instrument shall be
valid or binding unless contained in an amendment that complies
with paragraph 17 .
. (e) No Forfeiture. Nothing contained herein will result in
a forfeiture or reversion of Grantor' s title in any respect.
(f) Joint Obligation. The obligations imposed by this
Easement upon grantor shall be joint and several.
9
(g) Successors. The covenants, terms, conditions, and
�. restrictions of this Easement shall be binding upon, and inure to
the benefit of, the parties hereto and their respective personal
representatives, heirs, successors and assigns, and shall
continue as a servitude running in perpetuity with the Property.
(h) Termination of Rights and Obligations. A party' s
rights and obligations under this Easement shall terminate upon
transfer of that party' s interest in the Easement or Property,
except that liability for acts or omissions occurring prior to
transfer shall survive transfer.
(i) Captions. The captions in this instrument have been
inserted solely for convenience of reference and are not a part
of this instrument n consideration or
and shall have no effect upon co s
interpretation.
(j) Counterparts. The parties may execute this instrument
in two or more counterparts, which shall, in the aggregate, be
signed by both parties; each counterpart shall be deemed an
original instrument as against any party who has signed it. In
the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
16. Existing Easements. The terms and conditions with the
existing utility easements are not extinguished by transfer of
title to the City of Ames and the Iowa Natural Heritage
Foundation' s retention of this conservation easement.
17 . Amendments . If circumstances arise under which an amendment
to or modification of this Easement would be inappropriate,
.Grantor and Grantee are free jointly to amend this Easement;
provided that no amendment shall be allowed that would affect the
qualification of this Easement or the status quo Grantee under
any applicable laws, including Chapter 111D of the Code of Iowa
and Section 170 (h) of the Internal Revenue Code of 1986, as
amended, and any amendment shall be consistent with the purposes
of this Easement and shall not affect its perpetual duration.
Any such amendment shall be recorded in the official records of
Story County, Iowa.
•
10
IN WITNESS WHEREOF,Grantor and Grantee have executed this Deed of
Conservation Easement on the day and year first above written.
GRANTOR
CITY OF.AMES,IOWA
r. arry R.' urtis,Mayor
STATE OF I9 A )
{ ) SS.
r . . 'STORY CQUNTY )
t to
,On this day of a 191.2 before me the undersigned a Notary Public in
and for said State,personally peared Larry R.Curtis to me personally known,who
being`by me duly sworn, did say that he is the Mayor of said city executing the within
and foregoing instrument,that the seal affixed thereto is the seal of said city; that said
instrument was signed and sealed on behalf of said city by authority of its City Council;
and-that the said Larry R.Curtis as such officer acknowledged the execution of said
:r iris unlentlo be the voluntary act and deed of said city by it and by him voluntarily
Notary Public in aild forqie State of Iowa
fficL '-, f�iPP NG�,� �' �4 3/7-14<
�:' GRANTEE:
IOWA NATURAL HERITAGE FOUNDATION
001
BY: Z' ju
erald F.Schfiepf date
Executive Director
State of Iowa,Polk County,ss:
On this 2 day of 19"l"efore me,the
undersigged,a Notary Public in and for aid State,personally appeared Gerald F.
Schnepf to me personally known,who being by me duly sworn,did say that they are
the Executive Director of said corporation; that no seal has been procured by the said
corporation; that said instrument was signed on behalf of said corporation by authority
of its Board of Directors;and that said Gerald F. Schnepf as such officer,acknowledged
the execution of aid instrumen to be the voluntary act and deed of said corporation,
by it by them oluntaril ecuted.
NotarYllublic in and for th't5itate of Iowa
• •� ISA D.HEIN
MY C MMI N XPIRES APP� A F M
, Tq
BY
' John R.
yt-r� City Attomer
IGWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE
Official Fonn No. 104 OF THIS FORM,CONSULT YOUR LAWYER
i
SPACE ABOVE THIS UNE
flit
WARRANTY DEED FOR RECORDER
(CORPORATE GRANTOR)
For the consideration of gift - no consideration
Dollar(s)and other valuable consideration, Iowa Natural Heritage Foundation
a corporation organized and existing under the laws of State of Iowa
does hereby Convey to city of Ames
the following described real estate in Story County,Iowa:
Lot 8 in.Sunset Rock Second Addition to the City of Ames, Iowa;
AND
A perpetual nonexclusive easement for ingress to and egress from Lot 8 in
Sunset Rock Second Addition to Ames, Iowa, over and across a strip of land
(the easement area) described as the west fifteen feet of Lot 8 in Second
Addition to Westbrook Subdivision of Ames, Iowa, as measured on a line
perpendicular to the common boundary line between Lots 8 and 9 in Second Addition
to Westbrook Subdivision of Ames, Iowa. This easement is granted to grantee
subject to compliance by grantee and its successors and assigns with the following
terms and conditions:
See Exhibit A attached.
This conveyance is further subject to a Deed of Conservation Easement from the
City of Ames to the Iowa Natural Heritage Foundation.
Gift no revenue stamps required.
The Corporation hereby covenants with grantees,and successors in interest,that it holds the real estate by title in fee
simple;that it has good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens
and encumbrances,except as may be above stated-,and it covenants to Warrant and Defend the real estate against the
lawful claims of all persons,except as may be above stated.
Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number;
according to the context.
IOWA NATURAL HERITAGE F UN ATION
Dated:_ { B
aId F. Schn pf, Execut' irect�re
By
Title
STATE OF IOWA POLK COUNTY ss: �
On this 27 day of 19 92 before me,the undersigned,a Notary
Public in and for said State,personally appeared Aerald F. Schne f and
tome personally known,who being by me duly sworn,did say that they are the Executive Director
and
respectively,of said corporation;that(no seal has been procured by the said)corporation;that said instrument was signed
and sealed on behalf of said corporation by authority of its Board of Directors;and that the said aPra 1 A F_ SnhnPnf
ar+d as such officers,acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation,by it and by them volunta'y executed.
MY CO MI SIO MAIN
Notary Public
MImn slum Bm A55nolnlion 104 WARRANTY DEED
1
Exhibit A
(a) The easement area shall be used only for travel by
maintenance vehicles, emergency vehicles and pedestrians over an
improved all-weather surface such as Portland Cement concrete,
asphaltic concrete. crushed rock or wood chips. .
(b) Grantee. its successors and assigns, shall at all times
maintain the easement area in a clean and orderly condition
compatible with the landscape features of the adjacent
residential properties.
(c) Grantee. its successors and assigns, agree to indemnify and
hold the grantor and its successors and assigns harmless as to
all loss, damage or expense sustained personally by them and as
to all liability they may incur to third persons by reason of
damages or injuries to persons or property resulting from the
exercise of the easement rights granted under this instrument.
The warranties of title hereinafter provided are subject to
applicable zoning. subdivision, health and rental housing
regulations; restrictive covenants of record; the restrictive
covenants hereinafter provided; and existing easements, streets
and other public right-of-way that may cross the Property.
The above described real estate shall be preserved in its
existing natural state for conservation and public recreation
purposes by the grantee, its successors and assigns. No
improvements. shall be constructed or placed on said real estate
other than for the purposes of preserving its existing natural
state and affording pedestrian access thereto by the general
public. Said real estate shall be known and identified as the
"ANN MUNN HERITAGE WOODS." A sign identifying said real estate
as the "ANN MUNN HERITAGE WOODS" shall be erected. maintained and
displayed at each point of public access to said real estate.
The covenants, conditions and restrictions contained in this
paragraph shall operate as covenants running with the land for
the benefit of any and all persons who may now or hereafter be
residents of the City of Ames. Iowa; and any of such persons
shall have the right to enforce these covenants. conditions and
restrictions through all available proceedings at law or equity
against the person or persons violating or threatening to violate
same.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type 04 P4in.t Legibly)
Social Security No.
TRANSFEROR Name Iowa Natural Heritage Foundation (or Federal I.D. No.)42-1127544
Address 444 Insurance Exchange Bldg. 505 5th Avenue Des Moines Iowa 50309
Number and Street or RR City, Town or P.O. State zip
Social Security No.
TRANSFEREE Name- City of Ames (or Federal I.D. No.)42-6004218
Address 515 Clark Avenue Iowa S001 0
Number and Street or RR City, Town or P.O. State zip
Address of Property Transferred
Number and Street City, Town or P.O. State zip
Legal Description of Property Lot 8 in Sunset Rock Addition to the City of Ames. Iowa
1. Wells. (check one)
GQ There are no known wells situated on this property.
11 There is a well or wells situated on this property. The type(s), location(s), and
legal status are stated below.
2. Solid Waste Disposal. (cheek one)
M There is no known solid waste disposal site on this property.
(I There is a solid waste disposal site on this property, but no notice has been received
.from the department of natural resources that the site is deemed to be potentially'.
hazardous.
El There is a solid waste disposal site on this property which has been deemed to be
Potentially hazardous by the department of natural resources. The location(s) of the
site(s) is stated below.
3. Hazardous Wastes. (check one)
DO There is no known hazardous waste on this property.
E] There is hazardous waste on this property and it is being managed in accordance with
department of natural resources rules.
4. Underground Storage Tanks. (check one)
5d There are no underground storage tanks on this property. (Note exclusions such as
• small farm and residential motor fuel tanks, most heating oil tanks, cisterns, and
septic tanks, in instructions.)
11 There is an underground storage tank or tanks on this property. The type(s), size(s),
and substance(s) contained are described below. .
Information, if any, required by statements checked above:
Attachment for Additional Information? Y/H If so, number of pages
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE AND
CUKKCI.I. y/L/
Signature EXee �QaIelephone Number,(515 ) 288-1846
( ransfer
-------------------------------------------------
PART II - TO BE COMPLETED BY RECORDER
Date of Instrument Book/I.D. Page/I.D.
Date of Recording City or Township �❑
FIDeed O
Contract Q County ❑
---------------------------------------------------------------------------------------------
DHR form (Jul E7) FILE 3 COPIES WITH RECORDER 542-0960
Please read the filing instructions on the reverse side BEFORE completing this form.if this transaction is exempt,you may not be
required to complete this form.
PART 1—TO BF COMPLETED BY BUYER SELLFR OR AGENT
(Please Type or Print Legibly) Social Security No.
SELLER;- Name Iowa Natural Heritage Foundation (or Federal I.D.No.) 42-1127544
• Address 444 Insurance Exchange Bldg., 505 5th Avenue, Des Moines, Iowa 50309
Number and Sum ur Rural Ruu1P city,town m FW too„.Social Security NO."" lit,
BUYER Name City of Ames (or Federal I.D.No.) 42-6004218
Address 515 Clark Avenue Iowa 50010
Number and Street or Rural Route cut,rown or P,M olle a Slate hP
Address of Property Conveyed
Number and Street or Rural Rrwte Uy,town w PIn1(xlnP SUIP pp
Legal Description of Property Lot 8 in Sunset Rock Addition to the City of Ames, Iowa
If this is a'sale of AGRICULTURAL LAND to one of the following persons or entities,please rhe(k the appropriate box.
I
❑Corporation. ..o Trust e.C1 Alien
--�� 13 Non-Resident Alien o Limited Partnership.....
•' ,Declaration of Value Statement
j A.Total Amount Paid.... .... $ Gift. no consideration
2.'Amount Paid for Personal Property(See Instructions) $
3.Amount Paid fot'Real Property in
P Y Only(1 minus 2) ... $
4.Contract Sale Information-Please See Instructions
Down Payment$ A' Interes Rate %A Monthly Payment$
Length of Contract years Balloon Payment Date(if applicable)
(Amortization Term) SALES CONDITIONS
Check ALL of the following conditions that apply to this sate:
❑ Sale Between Family Members(See Instructions) CJ Assignmentp
of Contract(Explain Below ❑ Auction Sale
.; ❑ Sale to/by Public Utility 1! Sale to/by Exempt Organization ❑ Condominium Sale
❑ Court Ordered Sale ❑ Quit Claim Deed ❑ Purchase of Adjoining Land
O Fulfillment of Prior Year Contract A Sale to/by Government ❑ Land to be Operated as a Unit
❑ Transfer of Partial Interest •. ❑ Sheriff or Tax Sale ❑ Forced Sale(Explain Below)
❑ Exchange or Other Pr
operty enY(("Trade") ❑ Cor onto Merger or eor a ization ❑ Mobile Home
❑ Improvements Made or Buildings Removed After January 1 of the Year of the Sale but Prior to the Actual Date of Sale or Transfer
S DESCRIBE ANY OTHER UNUSUAL OR SPECIAL FACTS OR CIRCUMSTANCES RELATING TO THIS SALE.
NOTICE'.If property"upon which a homestead creditor military exemption has been claimed is sold,`
the person selling or transferring su h property must give written notice to the assessor.
I HEREBY DECL TH T NFO TIO CONTAINED IN PART 1 OF THIS FORM IS TRUE AND CORRECT. G/�
Signature: (c Telephone Number S)� 7" '�a 7�
(Buy!=Seller Olt A ent)
PART II—TO BE COMPLETED BY RECORDER
&x>k(w nage µn A
Date of Instrument. "'"me"' ""n"•"'
iJl•nldil aluml IdPMilNalmnl —�
Date of Recording City or Township I(- 1 A .
Deed[]'.:•:
County
i ❑ .Contract ❑ Real Estate Transfer Tax Paid
PART III—TO BE COMPLETED BY ASSESSOR
..Classification of Property - (1) ❑ Urban (2)❑Rural
AGRICULTURAL REALTY COMMERCIAL 2_ RESIDENTIAL
(11a Improved farm ❑Dwelling (1)O8usiness (4)OOlher—_
(2113Unimproved Farm (2)❑Oiiice (S)OVacam Bldg. Ill❑Single-Famih Dwlg.
(31OApartment (6)❑Vacant Lot (2)07wo-tamily Dwlg.
(310Impr.Vacant Lot
INDUSTRIAL (4113Unimpr.Vacant Lot
(5)o Vacant Dwlg.
(1J❑Lot&81dgs. Story Hilt._
(2)OVacani Bldgs.
(3)OVacani Lot Age of Dwlg.
SALES CONDITIONS
O Lot Assessed as Unplatted Land ❑Fulfillment of prior year contract O Assignment of Contract O Change in Use(Explain Below)
O Partial Assessment O Sale of Portion of Property("Split") ❑Other(Explain Below)
A 18 1C ID JE IF
G 111 11 11 1 K I L Im
(For Dept.of Revenue and Finance Use Only)
NOTE: ASSESSED VALUE SHOWN Assessment Data SALES RATIO
MUST BE AS OF)ANUARY 1,OF THE LAND S BLDGS. S TOTAL s
• YEAR IN WHICH THE SALE e A
.00CURRED. —'"JI
Assessor Comments
N O P
825-0582 87-WO(41" PR-7858
DEPARTMENT OF REVENUE & FINANr;F
r t• _ - -"FINAL P LAT -
-SUNSET ROCK SECOND ADDITION
TO THE CITY OF IMES IOWA
0,' r.�.t/eC�GV6, 0 i22r[/lOf�fEPE(cE Ol rKF ICE lsxG�B�YTAfF fE�j dTES
G•.�'//%G' d.X'�X' Q•03%/'fo' r.�'sEcrivv s MW4-trXiP v! uae"W„eau is.rErr oirrr sry rv,c�rr of
e,t9w.�ce' e.tz!e, Z•ZRi.ow ,lJrrFs, 15mer,GlLt?Y,.lA�A; rneur vlo�oo:r�Art✓r�o ratT�E�sEar
4-AG.4(9' L•AW..40' L•1.5 W, 'rwoo c�sce/rrtav acer>,aocec
rv6D._91e, ze.1/s 06' Gc./f.9B' or- ry A.4rvr av r.E,rEsrErr
e/s,Yr,�,rAr d ArrDerLurrE.quo rcc Fp/VT 41,.0E6✓W/v/AA*r,-ae)),-A-ifAeS
so>>s a>;r.'.�a� Saro AE1rFl1 r.Gff'/-lJr,pAl'L.tliE, Zo pro racr ro,v�,r�r,•
r.!l5te_r x!o Gb'Om r AlaGG 4.&w ovsrAec /aoz FEET;V A
dL-ac* _.cow.iESrEPl r Bf�fil-o%.YAr[ivE,rt s/
d•GL�%9f9 d•Dsf�J�/' d.G�L'}V1V' fEEr y17 9/17/f/r d�G!!C{A7!/eE� TYE.(EE -W/o Pawn .-
P L/L./f' e/i/Z.,4�' C•/f/L./4' e/Gi�l-OF-,/AY USE 240 ract vT >o TH6 44vl- el o-,,Qfac,6 A
Z.bSS?' L•/OvOF, L-/slow' lller;- ro r.Hf A ec/>ivs ar tAb.10 rEET, 04-A.Z osTVAeE
Gf!•zw..SL' I.K•/05 fro' LY/319'J' 05.d7 rEEr To Av-,-o/Nr rA.6YE41eI; rVE.wr S f5'4J Ao A'Atov6 eov
,WfrEd✓X41;,W--AwWY e.14W, Z1o9 FEET TG A Atrvr t✓clGerardeF r, crE
fA§l 1^v4n.¢Lr ,claw SA/O .AESTE.PIr TO
TtE L ASr OESCL/�O zw6 -, Z wo A ed'zvE Ie ;:*vr ,N who, A "171Z!5
a, /s✓1./f/EEr,ry or O.f>ACe- Or s0Ile fEEr to e'e2w, avT.- 4trl.7w
d•At ifGb• d ,ctAf. L/NF tY Lor r aA ruE rt%o/rot� . or said oieV sA of sEerav 0,05
C•Z?L.�6 e/6✓t.if' CEr1itOE0 /.tr PLAr z6ai C / Ar PALE SZ6 /N rcE ofriGE 4W"e 4ee=c ww
L-109D7' L 10/./o' Q< rmo-!LY/N>r,/,ww,• r.;c-,ceE ,ve9 9,*! .c� r.4w sger1 zlme DAta'3
r '� a� sair� aYoiTaeJ PLAT, /45.iZ fEET Ta A P'O/Vr rr�,OT /s silSi
T•/LYi.Q2 T•/.�p,!!' rE e;- TAE 0, a1,ezv 5
,cvl»lroe#tor,• TVENGE ,var'si 0-c'rr., 1/Qb6 rEET TD rr/E .w GatNFe
Dr rAE owlry W ss fE'!T O e Zw .LEST ow 9/ rEEr a-LOT9.3 1, owv 5
or.r"/ vvoiraef.YAr;rVv2e6,4/D9"Zsel* oe,GX6Tw.00e?zwLcvEarrrsame
9A91419 FfEr or%I;VV t0T5 .1 4,RvO 1 S//g/fEEr TP A'WWI-IW"0 EA 1'leAe O/
TAE ow;e S of Dr 4A/O 1Kr,"v S, T.*e4. ?,'Z O!wY AlO(/G TAE MVrW ZlAe
LEGENO a-,WrF e"17 9 1W Tics SElaW A WIrKW, AW,21, /TLZ/
rEFT /V A ~,r, T/'E,oef W D/f/Ori'A; u I f9 rfET ry A RvclT O,V T;oW/war,-//
X 'x'elIT/.1/OA/'wzw zjw a-r,YE S;s,,Ow a-SA/O SEGrdw-1r, T•--wee-,eg,•So'rd"6..asav6SA�� uaery
"our Z.G ,1Ae.a.¢'Error//.-"eacWw awrr- so/a61aer eff, /CE
O Ilrez O lf'1.PIJAl"A/.J V//fiOri%Y AY.KFI /A�F AEir Lr(!E od r4E.flE.�(F,file'y of�i0 EECTio(/?,
• SET �r'r�?'GaLYA(/IEA/Pav PIPE L' '!!� ,ter rs A vo%�/r,rceE,r!sf elbD 2its0�EEr n A viivr;riEcea
GLAGLYI/GPUUNO .W/lf/BAST/L LAP (!1w.05 w e.., tDelo FEET 2' v Fo%v/;' rine-'A/.DOiPlO K,- W,-eEr
9T.aN�O .PL S 5�3/ ro rAE' Awlr.V,wA>eOP!/Ee of LAr//.V T.eE d,/,w 4w1vv,'W v, dvQO r.1Lt t4
O fOVNO CGtQ 2 �`�•�f9 7W.r 3O!/rf/ L/ 'OrL /,Orb Z,.�7.u10-1 /Wlrw"/,w
/9A0/TION, 1G2.Gi5 fEEr TO T4E 5D!/!'.f'E.45T&:p-eve5e Of"//7 LOr3�12�E
.or wZ'E/�(9lf, ,Wlp K rvE sa!lr.Y L/uE Or'fIiwAor ,PAC'�I.CST Arta/11w//,At/
D.P., Kr(ft fEEr v A foi.(lr, r,!/E 6CE,t/G9 57'//E 'fed o rt/E JOd w L/NE or
401v :��'r/CtT ADO/T/O.1/,4e23.e5 FEET TD.9 fD/ 7.YEGr2'
A!ot!9 /f ALocis 1W_-04MY L/,GC-Uf"1v Xl(�'Asr'eme
O/YNE2 04%j,�X r To.7W 4.Wlee or-w/e ?ee'rt 15; '?Ywm _o, -41eo"9E
,9LON6 T,Y&'"4T LINE" OP'/w, owlL,, of"/d _%E6r1zw 0, gw Bi'FEET TO.1
htL t/U41,!/LdNdE2 CL2 .�u/r T.t/E.lCE sd'<!07:1✓,cYac(W ;We.vdtr,Y G/.cL� a< eseluacErs
ollaoirrscav,,�.v aP.Qt/o rvE'ErTi'.vs/ov a<�iro .cr�e>.✓t�.v� s�ov
iEET TO rr/E,f/aelyJs�EST tttEl/BC !�sw/v eseivcrEr$ sr>Qa/rrsioci
T,�'E,tCE S.O/QJ A!E .aCal/6 TAE,Ir'Esr Lrv2'aF SA//, LSP/,l/.L7CEY3
ee FE'Er ry 1GY/r/"W!I9r GG3eUC,e Of"/O
5!/2yEs'QeS,vOlES �seivCltEi's sd�sairisiac; rr�eeF ��a,E ALa6K rYE so!/T!/G/NE'or
dr/L/AY EAYE/.fE,vls Oa/.[.(:my ovT.Y.f/ror ALE /.d t�tll/LL'E�'S SdGD///S/O.l; ��H FEET TO r.YE P.Qd. ,pao tLwT.Oio'/,vG
,2EPeaJMW r7GJN tEdAL L7EyCtP/PT(Of/S ZETA vez.99 IlKzl S 41arse Qe LES5.
/l/r/c o5oieIr a'A*e ea9Arll.PEGQP.f.LdP,STaeY -
eAOY?r,/AW1711 c-G1EAe46W 14WIV/XFN An/dSYFD
ry tewraZW To rOW .vaerA 4t,W,v>Aie1v AV T.Y.s CEeT/F/GqT/ON:
Pcas,1 ,o F.rFi.0 saerEr,rwr,uor.eEA,v F.rEu/rsn
aV T.fiG4Er _fAW/E,vr4 AAA7 T,VW A,e>/!AL Zd=;7,,r14W /Al"046Y LEFT r/' rAwr TNiS PLAN;Hw�P S!/exEx at,eenwr
4e rAl'o N'AS sioOE ,d✓NE 4W UNOE,e ,N/LL.2ECT
TKO ERSEN4(/T GESte/P>/ONS. S!!PE?/15/9N lW10 TNo> 1 A,N A! OULr 2E6iSTCLEO 40AV
SU!/E✓ U.dAW"4 rWl=F ZAW!f LYTVE STATE Or 14W
Oar17,V. tau/ /vita.2GG. ,va v=v
N
Vk CAp
° 5931 1 CIVIL ENGINEERING CONSULTANTS
j ac"m uw WrIEM6
G +(CU �g :ET un ern S"WET west OB ems.jowA 502SO
t
SCa[E /%/GVJ' rsaww�er
mram�gr+ ■ o�w+�_� oeam ort
w+x rears ,n+oyeo oart ,rrr .•s>e
-i'�'1
CPC
Tin
C = /X A �j
RECORDING DATA
CORPORATE WARRANTY DEED
KNOW ALL PERSONS BY TRIS INSTRUMENT: That Ii, L. Munn Lumber
Company, a corporation organized and existing under the laws'of the State of Iowa with
offices in Story County, Iowa, in consideration of the sum of One Hundred Thousand
Dollars in hand paid hereby conveys and grants unto
IOWA NATURAL R"ERITAGE FOUNDATION,
an Iowa nonprofit corporation, (Address of grantee: 444 Insurance Exchange Building,
505 Fifth Avenue, Des Moines, Iowa 50309) the real property situated in Story County,
Iowa, described as follows:
Lot 8 in Sunset Rock Second Addition to the City of Ames, Iowa; AND
A perpetual nonexclusive easement for ingress to and egress from Lot 8
• in Sunset hock Second Addition to Ames, Iowa, over and across a strip
of land (the easement area) described as the west fifteen feet of Lot 8 in
Second Addition to Westbrook Subdivision of Ames, Iowa, as measured
on a line perpendicular to the common boundary line between Lots 8 and
9 in Second Addition to Westbrook Subdivision of Ames, Iowa. This
easement is granted to grantee subject to compliance by grantee and its
successors and assigns with the following terms and conditions:
(a) The easement area shall be used only for travel by maintenance
vehicles, emergency vehicles and pedestrians over an improved all-
weather surface such as Portland Cement concrete, asphaltic concrete,
crushed rock or wood chips.
(b) Grantee, its successors and assigns, shall at all times maintain the
easement area in a clean and orderly condition compatible with the
landscape features of the adjacent residential properties,
(c) Grantee, its successors and assigns, agree to indemnify and hold
the grantor and its successors and assigns harmless as to all loss, damage
or expense sustained personally by them and as to all liability they may
incur to third persons by reason of damages or injuries to persons or
property resulting from the exercise of the easement rights granted under
this instrument.
The warranties of title hereinafter provided are subject to applicable zoning, sub-
division, health and rental housing regulations; restrictive covenants of record; the
restrictive covenants hereinafter provided; and existing easements, streets and other pub-
lie right-of-way that may cross the Property.
'v
Corporate Warranty Deed to
Iowa Natural Heritage Foundation Page 2
The above described real estate shall be preserved in its existing natural state for
conservation and public recreation purposes by the grantee, its successors and assigns.
No improvements shall be constructed or placed on said real estate other than for the
purposes of preserving its existing natural state and affording pedestrian access thereto
by the general public, Said real estate shall be known and identified as the "ANN
MUNN HERITAGE WOODS." A sign identifying said real estate as the "ANN NMNN
HERITAGE WOODS" shall be erected, maintained and displayed at each point of public
access to said real estate. The covenants, conditions and restrictions contained in this
paragraph shall operate as covenants running with the land for the benefit of any and all
persons who may now or hereafter be residents of the City of Ames, Iowa; and any of
such persons shall have the right to enforce these covenants, conditions and restrictions
through all available proceedings at law or equity against die person or persons violating
or threatening to violate same.
Said corporation covenants with the above named grantees and successors in in-
terest that it holds the real property b title in fee simple;P Pe tY y s p e, that it has good and lawful
authority to sell and convey the same; that the real property is free and clear of all liens
and encumbrances whatsoever, except as may be above stated; and it covenants to war-
rant and defend the real property against the lawful claims of all persons whomsoever,
except as may be above stated.
Dated the J day of A71i , 1992.
H. L. MUNN LUMBER COMPANY
By
En M. Munn, President
(CO R-- p,RATE SEAL.
e R. Munn, Secretary
STATE OF IOWA, COUNTY OF STORY, SS;
Oa the 2/-V day of 1992, before me the un-
dersived, a Notary Public in and for said state, persona y appeared Erik M..Munn and
Shelli R. Munn, to me personally (mown, who, being by me duly sworn, did say that
they are the President and Secretary, respectively, of said corporation executing the fore-
going instrument; that the seal affixed thereto is the seal of said corporation; that said in-
strument was signed and sealed on behalf of said corporation by authority of its Board of
Directors; and that the said Erik M. Munn and Shelli R. Irfunn as such officers ack-
nowledged the execution of said instrument to be the voluntary act and deed of said cor-
poration, by it and by them voluntarily executed.
UM
My NALD M QMREs
• Decemhor 9.1993
otary Public
LAW OFFICES OF
SINGER, PASLEY, HOLM, TIMMONS, MATHISON 6t CURTIS
- 323 SIXTH STREET
W.A.SINGER P.O.BOX 664 R.O.PASLEY
C.A.PASLEY _ AMES, IOWA 50010 RETIRED
S.A.HOLM
JOHN L.TIMMONS TELEPHONE:(515)232.4732
JANE M.MATHISON FAX(515)232-4756
LARRY R.CURTIS
April 30, 1992
Iowa Natural Heritage Foundation
444 Insurance Exchange Building
505 - 5th Avenue
Des Moines, Iowa 50309-2315
ATTN: Ben VanGundy
Re: Ann Munn Heritage Woods
Dear Mr. VanGundy:
At your request I have examined the abstract of title to the
following described real estate:
Lot One in Sunset Rock Second Addition to the
City of Ames, Iowa,
from the Root of Title to September 4, 1991, at 8:00 AM, as last
certified by Batman-Sayers Abstract Company, Nevada, Iowa. From
my examination I find good and merchantable title to said real
estate to be in H. L. MUNN LUMBER COMPANY, subject to the
following:
1. At Entry 45 is shown the platting of Sunset Rock Second
Addition to the City of Ames in 1978. A copy of the survey plat of
this Addition is attached to this title opinion for reference
purposes. The Addition consists of eight lots, with Lot Number 8,
the real estate under examination, shown highlighted in red; Lots
3. through 7 are located in the southeast portion of the Addition.
A number of the utility easements impact Lot 8 and are shown
highlighted in various colors on the attached plat. These utility
easements will be discussed hereafter.
2 . At Entry 3 of the abstract is shown a pipeline easement
granted in 1951 to Iowa Electric Light and Power Company. The
location of this gas pipeline easement is shown on the attached
plat highlighted in blue ink. The width of the pipeline easement
is not described.
3. At Entry 8 is shown a sanitary sewer easement to the City
of Ames over a forty foot strip shown highlighted in green ink on
the attached plat. This easement was obtained in 1965.
2
4. At Entry 47 is shown a water distribution main easement to
the City of Ames granted in connection with the platting of Sunset
Rock Second Addition in 1978. This easement is shown highlighted
in yellow ink on the attached plat. The easement includes the
specific obligation on the part of the City to restore the ground
surface disturbed by the City's use of the premise to "its natural
grade" and to take reasonable measures "necessary to control and
prevent erosion. " The City is shown to be responsible for all
damage caused to the real estate under examination by its exercise
of the granted rights. The easement is described to be twenty feet
in width.
5. At Entry 48 is shown a storm drainage easement to the City
of Ames granted in connection with the platting of the Addition in
1978. This twenty foot easement is shown highlighted in pink ink
on the attached plat. The easement is granted upon the express
condition that the City maintain the same so as to prevent undue
erosion and that the structure itself be sufficient to contain all
storm waters as are reasonably anticipated to enter the same. The
ground surface is to be restored to its natural grade following
construction and maintenance.
6. Although no specific easement grant appears in the
abstract, a fifth utility easement is shown on the survey plat
• attached hereto. This easement is identified as being a ten foot
sanitary sewer easement connecting with the forty foot sanitary
sewer easement described in paragraph 3 above. I have shown this
easement highlighted in red ink on the attached plat. Even though
no express easement is shown in the abstract and the grantees
thereof are not identified, you are held to legal notice of its
existence by virtue of the reference on the attached plat.
7. At Entry 56 appear the Restated Articles of Incorporation
of the above legal titleholder. The Articles provide that the
corporation has a corporate seal and that corporate deeds are to be
executed by the President or a Vice President and by the Secretary
or Treasurer.
8. At Entry 58 are shown personal taxes due for computer
equipment by the above legal titleholder. These taxes, shown due
as of the date of the last continuation of the abstract, total
$196.00 for the first installment, and $196.00 for the second
installment. By information obtained outside the abstract, I am
aware that these taxes have been paid in full. A showing to this
effect must appear in the abstract.
9. At Entry 59 is shown City of Ames Zoning Ordinance with
the notation that the real estate under examination is located in
"R1-10" District (low-density residential) .
• 10. Immediately prior to the abstracter's Final Certificate is
shown that the regular taxes payable in the fiscal year ending June
3
30, 1992, are offset by credits for forest reserve, and no taxes
are due.
11. As is stated above, the abstract of title has been
continued only to September 4, 1991, at 8:00 AM. This continuation
date is pursuant to paragraph 8 of your option contract. Any
further abstracting expense, other than that showing payment of the
personal taxes as described above, will be the obligation of Iowa
Natural Heritage Foundation. I recommend that you obtain an oral
judgment and lien search against the above legal titleholder to and
including the date of your expected closing and recording of your
deed, from Batman-Sayers Abstract Company. If you have any
questions concerning this, please let me know.
CAUTION
Since the following cannot be determined by examination of the
abstract, your attention is called to the fact that you are
required to take notice of the rights of all persons in possession
of the real estate other than the titleholders of record; any facts.
that would be disclosed by a survey; the right to file mechanic's
liens against the premises for labor or materials furnished in
connection with improvements thereon, within ninety days from the
furnishing of the last item; and any restrictions as to building,
occupancy, or usage contained in applicable zoning or other city
ordinances.
Respectfully yours,
SINGER, PASLEY, HOLM,
TIMMONS,; MA ISON & CURTIS
C. A. Pas 'ey
nas
I i I
1 ��� I I � �!L /�• I Af ,C• Y
N�c'l�rr t, ; la �" sip' .Ye9•irir, /
IIlk
�Q
1
�� •� ?d Pr�31NFNrlILCI4�M•fN ,• •y1
` /' ' eeyarrze
l ,
01,
r � r
i
%!
a; (w
( a o
rtx>EL6UE�rcr/sAe:J \Ss� h 0910aoaoE
iG�.�/' .rEer�vE� s.+�sr�. r\$'- :�"�`'�'� .� sE��r�•
u
.or�sva�•
�
I ", Owl '
y J �j r i IrFM'
�X//,�/I FIAT L� S�s'�Df S-B3•� { �'o��sQo'.r.tL"•
II � -a• QSJfiISS3Lbi!'
t5� At!.O/R7C9/7Ar LY fE
�S�IZ' vi t1(l.IrLO/t rBEF.Plr_� .
ooSUG
UTILITY EASEMENTS
KNOW AI.L MEN BY THESE PRESENTS: That H. L. Munn Lumber
Company, a corporation organized and existing under the laws w
of the State .of Iowa and having its principal place of busi- F
ness in Story County, Iowa, in consideration of One Dollar �1
and other good and valuable consideration, does hereby grant
unto the City of Ames, Iowa, a municipal corporation, its
successors and assigns, the perpetual right to construct,
reconstruct, maintain and use electric lines, consisting of
poles, wires, cables, conduits, fixtures, anchors and simi-
lar equipment, including the right to trim or remove trees
within such area where necessary to secure a clearance of
four feet from the wires or poles, together with the right
to extend to telephone, telegraph, electric or power com-
panies, the right to use separately or jointly with the City
of Ames, Iowa, the areas included in this easement for the
purpose of extending utility services over, upon, across or
under the following described real estate, situated in the
County of Story, State of Iowa, to-wit:
The West 10 feet of Lots 1, 2 and 7; the South 10
feet of Lot 1; the frontage of. Lots 1, 2, 3, 4 and
5 abutting upon Hickory Drive to a depth of 10 feet;
and the Northerly 10 feet of Lots 3 and 7 all in
Sunset Rock Second Addition to the City of Ames,
Iowa, as shown on the Final Plat thereof attached
hereto.
I H. L. Munn Lumber Company does hereby further grant to
the City of Ames, Iowa, its successors and assigns, the per-
petual right to construct, reconstruct, maintain and use a
,;water distribution main over, upon, across and under that
,,' part of Lot 8 in Sunset Rock Second Addition to the City of
Ames, Iowa, described as follows:
A strip of land 20 feet wide centered upon and run-
ning the length of the following described line:
``1! Beginning at the Southeast corner of Lot 3 in Sunset
Rock First Addition to the City of Ames, Iowa;
1 thence South 00*39' West 47.65 feet; thence South
19*10' West 938.4 feet; thence South 19°21'30" East
109.34 feet; thence South 59°21'30" East 225.73 feet;
thence South 89°41'30" East 107.7 feet to the West
right of way line of Hickory Drive, the point of
ending of said easement line.
H. L. Munn Lumber Company does hereby further grant to
the City of Ames, Iowa, a temporary easement over a strip of
land 40 feet wide centered upon and running the length of the
above described easement line for the purpose of initially
installing and constructing the aforesaid water distribution
line. Following completion of construction and installation
of said water distribution line and thereafter during its use
the ground surface disturbed by such installation and construc-
tion shall be restored to its natural grade and grass seed
I! planted and other reasonable measures taken as necessary to
control and prevent erosion, all by the City of Ames, Iowa.
The City of Ames, Iowa, shall be responsible for all dam-
age caused to the above described real estate by the exercise
of the rights granted herein.
Dated this a7- day of 1978.
,t•� "��%lI H. L. MUNN LUMBER COMPANY
00806
STORY COUNTY, IOWA
L�FILED FOR RECORD By ,,c{ 7������j�����
r `1 A.M. JUL 2 8 1318 P.M. Altretr H. Munn
President and Secretary
GLORIA A. POUNDS, Recorder
LO
Br W.��outl
800KII— PAGE_33
STORM DRAINAGE EASEMENT
U.5o
KNOW ALL PERSONS BY THESE PRESENTS: That H. L. Munn
Lumber Company, having its principal place of business in
the. City of Ames, Story County, Iowa,.' a corporation organ-
ized and existing under the laws of the State of Iowa, in ,
consideration of One Dollar and other good and valuable
consideration in hand paid does hereby grant unto the City
of Ames, Iowa, a municipal corporation, its successors and
assigns, a perpetual easement to construct, reconstruct,
maintain and use a storm drainage structure over, upon,
across and under a tract of real estate situated in the
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
of Section 5, Township 83 North, Range 24 West of the 5th
P.M. , Story County, Iowa, described more specifically as
follows:
A strip of land 20 feet wide centered upon and sTORY coutvTY. IOWA
running the length of the following described F LED FOR RECORD
line: Commencing at a point on the North line` JUL2$ 1976 P•14-
of the Northeast Quarter (NE1/4) of the South-
west Quarter (SW1/4) of said Section 5 which is 993.35 feet Westerly of the center of said Sec- GLUM A. p0U,,JDS, Recover
tion 5 and which is the Southwest Corner of Lot er................................••••
1 in The Union Addition, Ames, Iowa; thence South
65°28'49" East 68.0 feet along the North boundary
line of Lot 8 in Sunset Rock Second Addition to
the City of Ames, Iowa, to the point of beginning
of said easement center line; thence South 19°26'
11" West 33.0 feet; thence South 00°08'11" (vest
150.9 feet; thence South 13°02'11" West 74.3
feet; thence South 57°31'49" East 68.0 feet;
thence South 11°52'49" East 83.5 feet; thence
South 70°20'49" East 41.0 feet to the natural
drainage stream known as Clear Creek, the point
of ending of said easement line.
The aforesaid easement is granted subject to the follow-
ing express conditions:
1. Said storm drainage structure shall be constructed
in one continuous segment extending from the point of begin-
ning of said easement to the point of termination in that
natural drainage stream known as Clear Creek.
2. Said storm drainage structure shall be so constructed
and designed as to contain all such storm waters as it may be
reasonable to anticipate will enter same.
3. Said storm drainage structure shall have only one
outlet which shall discharge into Clear Creek and such storm
drainage structure and its outlet shall be so designed and
maintained as to prevent undue erosion.
4. Following the completion of construction of the storm
drainage structure and thereafter during its use, the ground
surface shall be restored to its natural grade and grass seed
planted and other reasonable measures taken as necessary to
control and prevent undue erosion.
5. The City of Ames, Iowa, shall be responsible for all
damage caused to the above described real estate by the exer-
cise of the rights granted herein.
Dated this a r//day of y 1978.
H. L. MUNN LUMBER COMPANY
a unn
-r:Pei �nt ;arid Secretary
.SEAL) r
s
i
SANITARY SEWER EASEMENT _5 Q�14
CENTER SEC. N
5.83.24
i
0 z'\ i" 4,i L.a 300
,Lob� \4• . `°�
A► Mi
�. �Vo/ CLEAS
0 0 \\ ° LOT 5 CLEAR
LOT 9 LOT LOT II LOT 12 \-h hACREEA no.
10 a2 J`W bi
iN WOODLAND AVE
Y LOT 13
o
h/
S43°si'ao"w
20 ham/ /6• 68'
.N e849'20"w � �ti°.._ LOT 14
FROM RICHARD K. BLISS ETAL APRIL 16, 1965 11.00
1 20 FEET ON EACH SIDE OF A LINE DESCRIBED AS COMMENCING AT A POINT 255.4
FEET NORTH OF THE NORTHWEST CORNER OF LOT 5, CLEAR CREEK ADDITION TO THE
1 CITY OF AMES, IOWA, THENCE SOUTH 39.10-WEST 164.9 FEET, THENCE SOUTH 44*12*30"
WEST 414.3 FEET, THENCE NORTH 65036'WEST 326 FEET, THENCE NORTH 440 22' WEST
455.5 FEET, THENCE SOUTH 62'50'WEST 246.6 FEET, THENCE SOUTH 18°21'30"WEST
250.8 FEET, THENCE SOUTH 49°49'30"WEST 340.5 FEET, THENCE SOUTH 17046 30"
WEST 236.7 FEET TO THE NORTH LINE OF LOT 13 IN THE SW 1/4 OF THE SW 1/4 OF
SECTION 5, T83N, R 24W OF THE 5 TH P.M., IOWA TO THE POINT OF BEGINNING ,
THENCE CONTINUING SOUTH 17'40'30" WEST 163.3 FEET, THENCE SOUTH 43051'40"
WEST 68 FEET, TO THE SOUTH LINE OF SAID LOT 13, THENCE CONTINUING SOUTH
43051'40"WEST 286.3 FEET, THENCE NORTH 8904920' WEST 338 FEET TO THE
WEST LINE OF LOT 14 IN THE SW I/4 OF THE SW 1/4 OF SAID SECTION 5.
RECORDED IN BOOK 99 PAGE 230 OF MISC. APRIL 29, 1965.
SANITARY SEWER EASEMENT 23
'q"Yy MH. 1633 N
NE CORNER^SW 1/4
SEC.5-83-24
•
1
I
1
,
Y!
N
O
P � �
V
1"= 50'
w /
O
S Of y
FAY y =
9 I S 54°26 4 0"E cn
LOT 12
w
LOT II (JOHNSON. SUB) �� FROM ANN L. a ROLAND L. McCORMACK
( NOW RIM ROAD KNOLLS
SUB JUNE 24, 1969 81.00
COMMENCING AT THE NORTHEAST CORNER OF THE
N�v*SW 1/4 OF SECTION 5, T83N, R 24W OF THE 5TH
P.M., STORY CO., IOWA. THENCE SOUTH 0103710' E
ry 690.25 FEET TO THE POINT OF BEGINNING. THENCE
5.0 FEET EITHER SIDE OF A LINE DESCRIBED AS
SOUTH 54026'40"E 57.0 FEET.
i 7
� w
H. 1634
RECORDED IN BOOK 110 PAGE 365 OF MISC.
JUNE 27, 1969
e• ... YF.�3�W � KK�
c t'
t
� t
s
F
it dy pt�
,� rm"
ANDVA VE
k 4
r � '
AND
v a
i.'
s
g i r
k
T 4 k
t..
t �
x
Natural Resource and Conservation Values
Overview
The overwhelming significance of a natural area such as Ann Munn Heritage Woods
located in the heart of urban sprawl cannot be overstated. This protected area provides
visitors with a woodland setting rich in natural resources and scenic beauty. The
natural diversity of plant and animal species within the woodland gives visitors a
precious glimpse of our state's history.
Of the many benefits that this woodland has to offer,perhaps the most significant is the
seclusion and scenic value. After entering the woodlands,one quickly forgets they are
in the city. The density and diversity of the woodland species blocks out the urban
setting that surrounds the site. These as well as many other factors make this area
worth protecting.
Physiogrraphic/Geographic Information
The Ann Munn Heritage Woods is located in Story County. The entire county was
ViT
nally prairiewith the exception of some areas of timber along the larger streams.
in the county formed in glacial till, alluvium,eolian and organic parent materials.
The topography is predominantly undulating. There are some nearly-level areas,a few
rolling to hilly sections, and numerous small shallow depressions. Most drainage ways
are not well developed.
Climate
Temperature: Average high-71 degrees
Average low- 20 degrees
Rainfall: Total Annual Average-34 inches
Humidity: Average afternoon-60%
Soils Information
According to.the Soil Conservation Service Soil Survey of Story County,Iowa, there are
primarily four types of soils on this site. These include Hayden series 168C and 168F,
Lester series 236C and Hanlon series 1314. The Hayden series 168C and Lester series
236C form the moderate sloping (5-9%) upland rid es of the woodland watershed. The
Hayden series 168F makes up most of the steeply sIo ing (14-18%) watershed areas.
The remaining Hanlon series 1314 comprises most of theland adjacent to the creek.
Because of slope and soil characteristics,all these soil series are well suited to paths and
trails for passive recreation uses such as hiking and wildlife observation. Throughout
the woodland tract, the soils are also well suited to wild herbaceous plants as well as
hardwood and coniferous trees. Due to this rich habitat,many openland and woodland
species of wildlife thrive in this area.
Surface drainage over the site is categorized as well drained with the Hanlon series 1314
subject to infrequent flooding due to high volumes of runoff.
em..._. ...PAGE. .. --
• Hydrology
The primary watershed features on this site are Clear Creek and its surrounding runoff
areas. Clear Creek flows in a west to east direction through the property. The creek is
fed on site by side slopes adjacent to the creek as well as streets and many residential
lots surrounding the property.
The creek banks are stable in the northeast corner of the property while considerable
erosion is taking place along some of the high banks in the southwest corner. Some
flooding and receding of the creek is apparent in the northeast corner of the woodland
where a small wetland community has established itself. Erosion of the woodland side
slopes is at a minimum due to very good vegetative ground cover. The exceptions to
this are areas where storm drain runoff has been channeled directly into woodland
gullies with no structure in place to decrease water volume or velocity. Additionally, a
permanent open storm drain easement exists in the northeast corner of the site. This
drain channels water from the Phoenix Street area directly to Clear Creek.
•
PAGE..�.:�._.
Iowa Landforms
- - cn
N
•.y Z
_ Q ;
1
cn a
•r� C e
N I I j
' 'I • III � �. � .-I.{,..•
w
r� ' `p sue.-- t 1-t:Y ����!:�`:.�i• n
s I.�.t_�• �.-1. _u 1 O
O+ :� is-;;,4�.:�;=' '.•.. \��i
CO
o
�_— � .a:.:;••.�•: I to
--�(LOESS HXLLS o `
WESTER � a
Q
J
M D n N
<: O J cV
to a
Ln
� O �
J 4-
• a
♦�♦ -„f. t�y",'3_*� �`fix. ViL$ �^ Y r �.'!L•
x:�..4'�[ 77"44""�,,Te1�ay :. ^+•. #. Yam"-
Story County Soi urveyii�- ,
f 168C, 168FHayden
Z-150C - Lester Series
1314Hanlon Series
7
•-
i&y
a
,`'r'{r.
ft
Lis 6^�'�. �y'M' y. Y[� 'O�'��jM � #��1.N •� %l -f �..i�c .'+
'" ,N T ./✓`� Kip'. '.' � F� •-� �F'T
L�y t
e ��"�� ;*t�rr pi.� ,�x: '� ��FA ifis'y •`6.� 'qYL "+f � 't: � � /l{ �
• i a. s � a ji Est n,x T�� .�.*`" ?'' �'; sa � +x
k4 ► LLL , .. •�., 4r;Jw' 't �•l
r
50tl-
•
MEE �
NATURAL RESOURCES
PLANT INVENTORY
"Herbaceous species are diverse on the tract. A wide array of spring ephemeral wildflowers
grace the area before the trees leaf out. Hepatica, bloodroot,wild ginger,and springg beauty
occupy the steeper north slopes. Bluebells are common along the stream. Jack-in-the-pulpit, rare
elsewhere in the area, is quite common on the moist bottoms and slopes. A most interesting
timber wetland lies on the east end of the tract and is dominated by sedges and a few aquatic
forbs. It's seldom that we find so many species in such close relationship to each other in our
area. Munn Woods could be described as a botanists paradise."
Steve Lekwa
Deputy Director,Story County Conservation Board
June 1992
Some of the species identified in a brief August, 1991 survey by Bill Pusateri (Botanist,
de:
Iowa Department of Transportation)inclu
White Oak Jack-in-the-Pulpit
Red Oak Bloodroot
Basswood Wild Ginger
Bur Oak Solomon Seal
Walnut Hepatica
Butternut Violets
American Hophornbeam Wood Anenome
Serviceberry Columbine
Black Maple Virginia Creeper
Kentucky Coffeetree Poison Ivy
Black Willow Numerous species of fungi
Halls Dropseed Bottlebrush Grass
Bellflower Rye Grass
Big Bluestem Race-Cut Grass
Little Bluestem Clear Weed
Goldenrod Jewel Weed
Yarrow Carppenter's Weed
Prairie Cinquefoil Bullrush
Thimble Weed
Timber
"Ann Munn Heritage Woods is one of the more pristine woodland tracts left in Story County,
due in no small part to the lack of grazing for most of the past forty years. The site is quite
diverse due to the rolling topography and the stream with slopes facing north,east and west.
The uplands are dominated by mixed oaks and hickory with particularly nice stands of red and
burr oak. The north and east slopes are dominated by the maple-basswood community with some
nice stands of service berry on the steeper north slopes. Green ash and walnut appear on the east
slopes. The flood plain community has green ash,hackberry,walnut, black willow,silver maple
and some of the last fruit-bearing butternut still alive in the area after near total loss of the
species due to butternut blight.'
Steve Lekwa
Deputy Director, Story County Conservation Board
3 PAGE /�
• NATURAL RESOURCES
Bird Species - Identified by Dr. James Dinsmore, Department of Animal
Ecology, Iowa State University (Augusf 1991)
Breeding Birds
Wood Duck Ruby-throated Hummingbird
American Kestrel Belted Kingfisher
Ring-necked Pheasant Red-headed Woodpecker
Mourning Dove Red-bellied Woodpecker
Black-billed Cuckoo Downy Woodpecker
Yellow-billed Cuckoo Hairy Woodpecker
Eastern Screech-Owl Northern Flicker
Great-horned Owl Eastern Wood Pewee
Barred Owl Eastern Phoebe
Great-crested Flycatcher Blue Jay
Common Grackle Brown-headed Cowbird
American Crow Black-capped Chickadee
Tufted Titmouse White-breasted Nuthatch
House Wren American Robin
Gray Catbird Brown Thrasher
Cedar Waxwing European Starling
Yellow-throated Vireo Warbling Vireo
Common Yellowthroat Northern Cardinal
Rose-breasted Grosbeak Indigo Bunting
Rufous-sided Towhee Chipping Sparrow
Song Sparrow Red winged Blackbird
Northern Oriole American Goldfinch
Migratory Birds
Green-backed Heron Turkey Vulture
Sharp-shinned Hawk Cooper's Hawk
Broad-winger Hawk Red-tailed Hawk
Red-shouldered Hawk Spotted Sandpiper
Common Nighthawk Yellow-bellied Sapsucker
Olive-sided Flycatcher Alder Flycatcher
Acadian Flycatcher Least Flycatcher
Eastern Kingbird Northern Rough-winged Swallow
Barn Swallow Brown Creeper
Winter Wren Golden-crowned Kinglet
Ruby-crowned Kinglet Blue-gray Gnatcatcher
Eastern Bluebird Veery
Gray-cheeked Thrush Swainson's Thrush
Hermit Thrush Wood Thrush
Solitary Vireo Philadelphia Vireo
Red-eyed Vireo Blue-winged Warbler
Golden-winger Warbler Tennessee Warbler
Orange-crowned Warbler Nashville Warbler
Northern Prula Yellow Warbler
Chestnut-sided Warbler Magnolia Warbler
x PAGE. __' _..__
• Cape May Warbler Yellow-rumped Warbler
Black-throated Green Warbler Blackburnian Warbler
Palm Warbler Bay-breasted Warbler
Blackpoll Warbler Black-and-white Warbler
American Redstart Ovenbird
Northern Waterthrush Mourning Warbler
Wilson's Warbler Canada Warbler
Scarlet Tanager Clay-colored Sparrow
Fox Sparrow Lincoln's Sparrow
White-throated Sparrow White-crowned Sparrow
Harris' Sparrow House Finch
Winter Birds
Northern Goshawk American Tree Sparrow
Dark-eyed Junco Purple Finch
Pine Siskin
Permanent Resident Birds
Red-tailed Hawk Eastern Screech-Owl
Great Horned Owl Barred Owl
Red-bellied Woodpecker Downy Woodpecker
Hairy Woodpecker Blue Jay
American Drow Black-capped Chickadee
Tufted Titmouse White-breasted Nuthatch
Northern Cardinal
Mammals
Virginia Opossum Short-tailed Shrew
Eastern Mole Keen's Myotis
Little Brown Myotis Silver Haired Bat
Big Brown Bat Red Bat
Hoary Bat Eastern Cottontail
Eastern Chipmunk Fox Squirrel
Southern Flying Squirrel White Footed Mouse
Beaver Red Fox
Raccoon Mink
White-tailed Deer
• Man Made Features
The site does not contain any permanent buildings at this time. There are several dirt
paths that have been created through human use over the years. Access to the property
has been freely accepted by the Munn family. There are four easements which transect
the property. These include an open storm water drain easement in the northwest
portion, a gas pipeline easement and water main easement in the eastern one half and
sanitary sewer easement which runs east to west along Clear Creek. (See map on next
page). A set of stepped terraces were built in the southeast corner of the property. The
storm drain on the northwest section of the property sometimes carries material and
debris on to the site. Finally, a fence and some fence remnants are located along the
perimeter of the property.
Scenic Features
The property is surrounded to the north and south by residential housing. To the east
is a parcel owned by the City of Ames and used as open space along Clear Creek. To
the east is a privately owned parcel also used as open space. The density of the forest
allows one to enter the woodland and easily forget that an urban environment is close
by. Because of this, the beauty of the woodland can only be appreciated fully from
within. The primary scenic element is the dense and diverse vegetation found within
the woodland.
The trails which traverse the property give visitors a chance to view a rich woodland
habitat. This is a unique feature compared to other developed parks in Ames. The
• Woodland becomes an oasis and stands in stark contrast to the developed urban areas a
short distance from its border.
. .PAGE 25
-
^l
'sr
�• � 4�;;�� air ,' ;��� �
�\ sYii/srLu�E
! to � / � ♦ ��\ , � h i i
T �
AV
IV
"elf
r vow
ux>vuvEw�rcrsr \ss� h 39oaoi+o
AF4w&,-z S.4ft'.f
s'Q!f0'Id E �L. f-Dl-tf 1� i rim_\ f1f9E � t• '•� 4FC fd3tf-+
z IL lE
etl�ii-sE�fr#
� ses-rrm'sr..
XlII' jd�/JJG' �.fs/•
Aft AV rr � XX ��. gat
Q � I � � i'�s•� S>Q �+J'lbilt'
rrfTAuG U77UYPAWMW'
�.v'fJ�CN ff.ASlrF,AFF lJA/
.w'l!Z' r:srtrtorr>oEFc
PAGE
14
Jr
to
ul
��. 09
ul - ;• \ - �,
W
mom
ui
Ix
a .:............. ` :1
y PAGE
Location: 1
Subject: Entrance to the woodland
located at the north end of
Trail Ridge Road. _
Comments: Trail in good condition. No
erosion. Good vegetative r. -
cover.
11��1
�Y
Location: 2 ,;
Subject: Opening in fence located at
the sout%west corner of site. 4 M,
i
Comments: Note dense ground cover;
fence remnants present.
t.
Location: 3 -�i
Subject: Pro erty line and adjacent c ,1
p
bacl<yard. w_t
Y _
Comments: Adjacent resident has some ; ._4: •.t, .:
construction materials stored
at woodland edge.
..d' .._aim:�•. .
r Ike
�+ F
� Location: 4
Subject: Property line with trail.
Comments: Fence defines property line;
sound trail with dense
vegetation on both sides.
- d
- Location: 5
Subject: Property line and vegetation
i.... _ inside a fence.
Comments: Note game trail,no foot path
or trails for visitors currently.
`k� '_(4a' `l�,i• +,�. is ''�
Location: 6
` a,
Subject: Property adjacent to creek.
R Comment: Note dense and undisturbed
ground cover; fence remnants.
• 11 -
Location: 7
f �
Subject: Property line from north side
of creek.
Comments: Dense riparian habitat,no
foot paths or trails present.
t
/ l 1
Location: 8
.!
Subject: Property line1 .r•
Comments: Upland ground cover; fence
remnants;no footpaths or
trails.
.l
_r.
5
T11
Location: 9 f `
Subject: Adjacent undeveloped
property
Comments: At time of photos ground
cover was dense; very little g ;
impact was apparent.
OV
a PACE
= * Location: 10
Subject: Property line adjacent to
residential development.
Comments: Upland vegetation with very
little impact from residents at
• `" ,* this time.
. .- .... }--2 �-
' y Location: 11
Subject: Open storm drain easement
opening
Comments: Storm drain outlet emerges
"' " from behind local residents.
Area adjacent to easement is
densely vegetated with little
L '-'•-} ''` " disturbance.
- r
1� t� `; Location: 12
Subject: Open storm drain easement.
• r a Comments: Drain clear of debris,some
litter present in drain.
\�
e ti !'A
• j � 1 :�
�` 1
PAGE a
Location: 13 +r
Subject: Open storm drain base. '' A
Comments: Litter and debris present at ,, l
base of storm drain. '
Location: 14
Subject: Creek adjacent open storm
drain base.
Comments: Litter and debris from storm '.V--
drain accumulate in creek.
Some sediment build up.
z i
•!J► ,a
Location: 15
4' .•r ti
Subject: Woodland floor adjacent to :4,A,
residential development.
Continents: Construction debris present :
from residential development. r' _ `� ' _, �'t► :";'
36
A
fi
Location: 16
i Subject: Property line adjacent to
residential development.
Comments: Some trees have been
removed allowing herbacous
- plants to expand.
Location: 17
Subject: Property line adJ'acent to
residential development.
_ - saw' '►-� _ < :''V.
a i
�;f V Comments: Stakes show property line,
good vegetative cover no
trails present.
Location: 18
,;. . �:' = =,1 ' ".`'+�¢• .J I Subject: Property line adjacent to
residential development.
f ; Comments: Dense herbacous growth nea:
r property line. No trails
'+t -*• present.
ALI
.._emu:. - -- ��•. - ;,
• Location: 19 ;
Subject: Property line adjacent to
residential development. S' .'`: ,r• '
Comments: Vegetative growth present
after trees were removed.
J(X.
c
Location 20,21
Subject: Woodland floor adjacent to
residential development. +• �•
Comments: Litter and debris are present
from past construction as well
as recent events.
1 �
I
r f
Selo ��
;� � _ /. 'i� �� ��"�' fit. ,�• - p•
�,�- �!_ ��F L����J Y'zC• yr. ��• ''� . � � � • •
yy u
.•,�,�, � •4 y ram. M`��t s,� -���• .'� _•1^a'
• Location: 25
Subject: Vegetation and ground cover ;
near trails in creek side area.
Comments: Bicycles and foot traffic are
causing excess erosion in
places along paths.
R S
R
i
Location: 26,27
Subject: Erosion of forest gullies.
Comments: Storm water drained into
gullies with no provisions to
decrease water volume or
velocity. Has created large , ; t `'�'`' �•
gullies as a result of soil '.
erosion.
Il✓
a Location: 28
Subject: Land use on adjacent
property.
Comments: Here a local resident has
dumped grass clippings and
other yard refuse into the
t
• woodland.
i 4
�rl
.. Location: 29,30
` { Subject: Entrance to property through
the gas pipeline easement.
Comments: Entrance to the property is
provided on land which is
protected and under a gas
pipeline easement. This
�. . .: entrance provides easy access
to the woodland.
.t 1
ih
•
Location: 31 Ti
Subject: Terraced steps on east
entryway.
Comments: These steps provide safe and -
easy access to the woodland
on the water main easement.
Location: 32 •f {
Subject: Woodland floor vegetation. r •
r�
' tit
�f M
Comments: A log across the regular trail
induced visitors to go around
thus creating a new path. �" • ..
Vegetation on woodland floor 1 • ,
is being trampled creating an -f
opportunity for soil erosion.
ti,. y ~,
Location: 33
Subject: Property line and adjacent
residential development. _ n =
Comments: The woodland floor adjacent
this landowner lies
undisturbed.
_ t , :.� �,�•;tom '�7.
�� `' - •� - �� 11 Location: 34
Subject: Property line ad acent to
residential development.
F x f� 'a"• ?` r, Comments: Woodland shows rich
vegetation. Few paths are
present.
Location: 35
Subject: Interior trail
:1 lift
• Comments: Sound condition no erosion
good vegetation.
A;
Location: 36
' Subject: Interior Trail
i ,
Comments: Construction debris from
y". • iy ' �• previous years, trail in sound
condition.
IA
_ , • ,
Yt
J�
•q• �� .t t
.0.i � ��•�a�. 1r)`Y�I 1
- 'ham'�� C � 4• •r
le
•- • • ��[� l J �•OW
s� . • i
Tit
•. Location: 40
Subject: Sunset Rock.
Comments: Good condition on and
:..'MY" around the rock. No
- `�- '4_ . vandalism or graffiti present.
VrL
3 4 f Location: 41
Subject: Interior trail
Comments: Trails are sound,no erosion
present at this time. This
intersection is heavily used
for this woodland.
y .
i
Location: 42
Subject: Creek debris accumulation.
Comments: A wide variety of debris is
trapped by this log jam. Most
comes from properties
adjacent the creek upstream.
a
• Location: 43
Subject: Banks adjacent Clear Creek.
Comments: Soiree of the steep slopes . :
adjacent Clear Creek have '
experienced some erosion. :�.. ,.
This e slo will continue to
erode in P is present condition. f `
LL .I
aur t A
�42► ' ' \ r
j1
r
�N � r i •`* � '• ` ,r Ti rA
��.*►• � ` `�'t ..a. .)�' � fit.
40
1r,
-ell
jr
'• ,
.� �\I • t• 1 �f S i��1• 1
� y fits'-�.. �• .� '�,,;� ; � '�'�r
' p �� � _�.� �� tom•
•� '.,4' Md' ma's .t`f y �' '_
X
Location: 44,45
Subject: Entire Woodland
Comments: View looking South.
0 r
Pot
Y F •��� � `• �1 3
T_
r
f
Location: 46
. r �
Subject: Entire
� yr
woodland.
Comments: View looking south.
c -
•
1 -
,. .. Location: 47,48
Subject: Southwest corner of
' woodland.
Comments: View looking north.
S.
PW
1 � yam':.Yi=�•=�-�✓.► -
+ i t
1
��5�s•_�1ltr i
4
f
Location: 49
Subject: Northwest corner of
woodland.
Comments: View looking north.
r
Location: 50,51,52
Subject: Major portions of woodland.
Comments: Alternate views looking
• k-
t '
i •�
i
s
#•.=,:_�. - ' .. .�,J"` �.sue +�, e. t�r►•- ..� fi
w
i •1 Location:
�j
h ` of ••.
lookingA Comments: View •
Location: 4
•� � ` � <� '•�� � �, 1 ..r� fir+• �
Subject: Northeast corner of
• Comments: looking •
f !
_ Location.
Subject: Southeast corner of
Comments: View looking north
•
6) EASEMENT MONITORING UPDATES
a
•