HomeMy WebLinkAboutA013 - Greenbelt Conservation Easement Agreement dated May 5, 1987, between Mortenson I and The City of Ames � ✓ 1
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GREENBELT CONSERVATION EASEMENT AGREEMENT
This Easement, made this 5th day of May ,
1987, by and between MORTENSON I, A LIMITED PARTNERSHIP,
hereinafter called the Grantor and THE CITY OF AMES, IOWA, herein-
after called the Grantee, witnesseth:
WHEREAS, Grantor is the owner in fee simple of certain
land hereinafter described, situated in the City of Ames, Story
County, Iowa;
WHEREAS, said property adjoins College Creek and has
scenic, natural, and aesthetic value in its present state as
a natural area which has not been subject to development or
exploitation and which should be preserved;
WHEREAS, the Grantor desires to grant a greenbelt
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
WHEREAS, the Grantee is willing to accept such easement.
NOW, THEREFORE, in consideration of the sum of one
I
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, its successors and assigns, a perpetual
interest and easement to the extent hereinafter set forth with
respect to the land of the Grantor described as follows:
A part of Lot One (1) , Willow Creek Estates 10182
Fourth Addition, in the City of Ames, Story
County, Iowa; described as follows: INST.NO.
STORY COUNTY, IOWA
"Beginning at the Northeast (N.E. ) corner of FILED FOR RECORD di*
said Lot One (1) ; (the following 4 calls are
along the north line of Lot 1) thence N 66- At, JUN - 2 1987 PM
47 ' 17" W, 128. 26 feet; thence S 77° 02 ' 11"
W, 303 . 40 feet; thence S 20' 09 ' 02" W, 57. 98USAN L. POTTER,Recorder
Y Deputy
feet; thence S 72' 13 ' 44" W, 224. 01 feet; g p y
thence S 030 23 ' 35" E, 57. 09 feet along the
west line of Lot 1; thence N 611 38 ' 00" E,
232. 26 feet; thence N 69° 04 ' 00" E, 342. 72
feet; thence S 730 22 ' 00" E, 123. 69 feet to
the Point of Beginning. "
Area contains: 20, 026 square feet or 0. 46 acres.
Easement Area is shown on the Final Plat of
Willow Creek Estates Fourth Addition.
M
GOOK -PAGE 339
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The terms, rights, privileges, conditions, and restrictions of
the Easement hereby granted are as follows:
1 . Neither Grantor nor Grantee shall cause or knowingly
permit the removal, destruction, or cutting of trees, shrubs,
or other vegetation upon the above-described land without the
express authorization of the other.
2. Neither Grantor or Grantee shall cause or permit
any excavation, dredging, or removal of loam, gravel, soil, rock,
sand, or other material, nor any building, roads, paths, trails,
walkways, or other change in the topography of the land.
3. Neither Grantor or Grantee shall cause or permit
any building, billboard, advertisement, fence, or other structure
to be erected on the property.
4. This Agreement shall be binding upon the heirs,
successors, and assigns of the Grantor and of the Grantee.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto
set their hand and seal.
CITY , ES, IOWA
MORTENSON I, A LIMITED PARTNERSHIP
Jjx
Larry fit'' Geis, Mayor Pro Tem
ATTEST; By A
Everett W. Cochrane
y General Partner
Nancy f(�ibb'q City Clerk
STA4E 'o 41: 4:)
C)` ) s s :
STORY, C TK'" )
On this x� day of ! I 1987 , before
me, the undersigned, a Notary Public in and for the said County
and said State, personally appeared Everett W. Cochrane, to
me known to be the identical person named in and who executed
the foregoing instrument, and who acknowledged that he executed
the same as a General Partner on behalf of Mortenson I, A Limited
Partnership as his voluntary act and deed.
f�
"s SUE E.PEPPELS �: 7
MY COMMISSION EXPIRES No£a"ry Public 6f Iowa
"PROVrQA8 TO FORM 33q
By� --
John R. Klaus
i City Attorney
- 3 -
STATE OF IOWA )
) ss :
STORY COUNTY )
On this _A day of _ 1987, before me,
the undersigned, a notary public in and for the State of Iowa,
personally appeared LARRY R. CURTIS and NANCY GIBBONS, to me
personally known, who, being by me duly sworn, did say that they
Pro Tem
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 LARRY R. CURTIS
and NANCY GIBBONS as such officers, acknowledged the execution
of said instrument to be the voluntary act and deed of said City,
by it and by them voluntarily executed.
APPROVED AS TO FORM r
By John R Klw Notary Public - State of Iowa
CW AftnMJ►
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BOOK 2.61---PAGE-31
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