HomeMy WebLinkAboutA003 - Conservation and Preservation Easement CONSERVATION AND PRESERVATION EASEMENT
This Deed of Easement is made 19 be-
tween (Grantors) , their heirs,
successors and assigns, and The City of Ames, Iowa (Grantee) ,
witnesseth:
Grantors are the owner in fee simple of certain real property
hereinafter described, located in Story County, Iowa.
The property has scenic, natural , and aesthetic value in its
present state as a natural area which has not been subject to develop-
ment or exploitation;
The Grantors are willing to grant a conservation easement over the
property, thereby restricting and limiting the use of the land and
contiguous water areas of the property, on the terms and conditions and
for the purposes hereinafter set forth, and the Grantee is willing to
accept such easement;
The Grantors and Grantee recognize the scenic, natural and aesthet-
ic value of the property in its present natural state and have, by the
conveyance of a conservation easement to the Grantee, the common purpose
of conserving the natural values of the property, preserving the natural
character of the property, and preventing the use or development of the
property for any purpose or in any manner which would conflict with the
maintenance of the property in its scenic, natural , and wooded condi-
tion;
Such conservation easement is also for the protection and preserva-
tion of certain burial sites on the real property hereinafter described;
Therefore, in consideration of the sum of $1 paid to the Grantors,
the receipt of which is hereby acknowledged, and in further considera-
tion of the mutual covenants, terms, conditions and restrictions set
forth, Grantors hereby grant and convey unto the Grantee and its succes-
sors in perpetuity an interest and conservation easement of the nature
and character and to the extent set forth, in respect to the lands of
the Grantors, more particularly described as follows:
[set out legal description]
The terms, conditions and restrictions of the conservation easement
are as set forth:
1. There shall be no dumping of soil or other offensive material .
2. There shall be no excavation, dredging or removal of loam, gravel ,
soil , rock, sand, or other material nor any building of roads or
other change in the general topography of the land with the follow-
ing exceptions:
(a) Soil , loam and other material may be moved to prevent erosion.
(b) Soil , loam and other material may be moved to maintain the
existing foot trails.
3. There shall be no removal , destruction, or cutting of trees,
shrubs, or other vegetation except as may be necessary for:
(a) The maintenance of existing foot trails,
(b) The prevention or treatment of disease, or
(c) Good husbandry practices.
(1) Husbandry practices that do not require the approval of
the grantee:
a. Removing dead trees for firewood, or honey locusts,
b. Planting and reforstation activity,
C. Removing up to 10% of total stems per acre but
always retaining 200 stems per acre where the remov-
al of such stems involves a stem that is 12" in
diameter or less,
(2) Husbandry practices that do require the approval of the
grantee:
a. Removing other undesirable species as determined by
State or County Forest Management personnel ,
b. Removing up to 10% of total stems per acre but
always retaining 200 stems per acre at any one time
where the removal of stems involves a stem that is
12" in diameter or larger
(3) Husbandry practices that are required to be filed with
the grantee but do not require approval of the grantee:
a. Any other practice as contained in a Woodland Man-
agement Plan prepared by a State or County Forest
Management official .
4. The construction of fences, deck, and/or gazebo, constructed of
post and beam construction will be allowed where the total ground
area covered by any deck and/or gazebo does not exceed 250 square
feet.
5. There shall be no activities, actions, or uses detrimental or
adverse to water conservation, erosion control , soil conservation,
and fish and wildlife or habitat preservation.
6. Burial sites shall not be disturbed in any way.
By way of specification, but not limitation, the Grantors shall not
engage in, permit, participate in or aid and abet any cutting, burning,
or other removal of trees or prairie vegetation until after 30 days
notice to and the authorization of the Grantee. Any destruction or
removal of vegetation in violation of this provision shall result in the
Grantors, their heirs, successors and assigns, being jointly and sever-
ally liable to the Grantee for the full cost of replacing that which was
destroyed or removed
Persons interested in fostering the conservation and preservation
of the woodlands and prairies contained in the above described land may,
with the authorization of the Grantee, go onto the above described
premises to perform a program of work approved by the Grantee, on the
advise of the Story County conservation Commission staff or other pro-
fessionals, after notice to and opportunity for comment, by the owners
of the land on which said work is to be performed.
In the event a violation of these terms, conditions, or restric-
tions is found to exist the Grantee, after a 30-day notice to the Gran-
tors, their heirs, successors, or assigns, institute a suit to enjoin by
ex parte, temporary and/or permanent injunction such violation, to
require the restoration of the property to its prior condition, or for
damages for breach of covenant.
The Grantors expressly retain for themselves, and their heirs,
successors, or assigns, the right to continue the use of the property
for all purposes not inconsistent with this conservation easement.
The conditions, restrictions, and purposes imposed as aforesaid
shall not only be binding upon the Grantors but also their agents, heirs
and assigns, and all other successors to their interest and shall con-
tinue as a servitude running in perpetuity with the above described
land.
Should the Grantee's right and interest granted by the foregoing be
voided or cut off by mortgage foreclosure, or other process of any kind
whatsoever, said rights shall be promptly restored by deed of the Gran-
tors, their successors and assigns.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
seals in the day and year above written.
F57
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