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Home My WebLink About~Master - EAS - Conservation - Frank Schill and Sons, Inc. r- EASEMENT FOR CONSERVATION µ KES (^ (�— AND PUBLIC ACCESS TO PARKLAND p�•�'° This deed of easement, made this day o , 1984, by and between Frank Schill and Sons, Inc. , herei fter calle the grantor and The City of Ames, Iowa, hereinafter cal ed the gr ntee, witnesseth: Whereas, grantor is the owner in fee simple of certain land here- inafter described, situated in the City of Ames, Story County, Iowa; and, Whereas, said property has scenic, natural, and aesthetic value in its present state as a natural area which has not been subject to development or exploitation; and, Whereas the grantor desires to grant a conservation easement over said property, thereby restricting and limiting the use of the land on the terms and conditions and for the purposes hereinafter set forth, and the grantee is willing to accept such easement; and Whereas, the grantor and grantee desire that said land serve also as a route of ingress and egress for the public, and for park workers, to the park land abutting on the south; NOW, THEREFORE, in consideration of the sum of one dollar and other valuable consideration to the grantor in hand paid, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, grantor hereby grants and conveys unto the grantee forever an interest and easement to the extent hereinafter set forth with respect to the lands of the grantor described as: A part of the south half (S �) of the southeast quarter (SEk) of Section 14 - T83N - R24W of the 5th P.M. , in the city of Ames, Story County, Iowa; described as follows: Commencing at the southeast (SE) corner of the southeast quarter (SEk) of Section 14 - T83N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; thence S 89° 37' 00" W, 701.1 feet along the south line of the SE k of said Section 14; thence N 000 02' 20" E, 335.62 feet; thence N 890 57' 40" W, 164.55 feet to the point of beginning; thence continuing N 89° 57' 40" W, 150.0 feet; thence N 000 02' 20" E, 95.0 feet; thence S 891 57' 40" E, 150.0 feet; thence S 00° 02' 20" W, 95.0 feet to the point of beginning. The terms, rights, privileges, conditions and restrictions of the ease- ment hereby granted are as follows: 1. The grantee, its officers, employees, agents, designees, parks workers with equipment, and the general public, shall have the right to use the above described land as a route and means of ingress and egress to park lands of the grantee abutting on the south of the above described land. 2. Neither grantor or grantee shall cause or knowingly permit the removal, destruction, or cutting of trees, shrubs, or other vegetation without the express authorization of the other except as may be deemed by grantee to be necessary or convenient to establish or maintain, at the option of the grantee, foot paths and an artificially surfaced access road to the park land referred to in the paragraph numbered as one above. 05088 INST.NO. STORY COUNTY, IOWA a FILED FOR RECORD Ann F E B - 2 1984 1I-- SUSAN L.POTTER,Recorder By Deputy BOOK PAGE ppppp,- 3. Neither grantor or grantee shall cause or permit any excava- tion, dredging or removal of loam, gravel, soil, rock, sand, or other material, nor any building, roads, or other change in the topography of the land, except as is provided for in the paragraph numbered as two above. 4. Neither grantor or grantee shall cause or permit any building, billboard, advertisement, fence or other structure to be erected on the property, except that pertaining to grantees right to establish and maintain paths and on access road. 5. Should the grantees right and interest granted by the fore- going be defeased, or cut off through mortgage foreclosure, subsequent deeds, or other process of any kind whatsoever, said rights and privi- leges shall be restored by deed of the grantor, its successor or assign. IN WITNESS WHEREOF, the grantor and grantee have hereunto set their hand and seal. FRANK SCHILL AND SONS, INC. By Gl' FRAN SCHILL PRESIDENT By JA E. SCHILL SECRETARY CORPORATION ACKNOWLEDGMENT STATE OF IOWA COUNTY OF _ ss. On this day of A.D. 19 before me, the undersigned, OTARY B IC IN e6nd for the AT OF IOWA, per- sonally appeared and to me pers ally known, who, being by me duly sworn, Oid say that they are the and respec- tive y, of said corporation; (that no seal has Xeen procured by said corporation). That said instrument was signed on behalf of said car- ,p_oration b authority of its Board of Directors, and that said and as such officers, acknowl- edged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execut d - �> WHANY GOWNS otar 1Pub/wa n .bnd for the '49M t0 E � _ State of I CITY OF AMES IOWA p` r I n" BY Attest: F. Paul Gobd.iafid,, Mayor BY Na cy Gibpbhs, City Clerk CITY ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF SS. On this aL-�± day of A.D. 19f_ before me, the undersigned, a NOTARV PUBLIC 1N AND FOR THE STATE OF IOWA, personally appeared F. Paul Goodland and Nancy Gibbons to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said city; 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 F. Paul Goodland and Nancy Gibbons as, such officers, acknowledged the execution of said instrument to be the VdAunt'ary act and deed of said city, by it and by them voluntarily executed .., % Nota,� J�ublYc -an o r the Stite 'bf Iowa Shar n J. Hjortshoj r f 4 WOK .riii PAGE..�2�.._. k- �:. I {Y •cr -1- V)