HomeMy WebLinkAboutA016 - Conservation Easement dated July 20, 2002 02 107
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INST.NO.
STORY COUNTY,IOWA
WHEN RECORDED RETURN TO: f� FILED FOR RECORD
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BRIAN J HUMKE to JUL 2 5 2002 PM
NYEMASTER LAW FIRM 0
1416 BUCKEYE AVE SUITE 200 p/ SUSAN L VANDE KAMP,Reoonlw&AA.�
AMES IOWA 50010 /ram FM M L D.FEE$-=-.
This document was prepared by R. Michael Hayes, Hubbell Realty Company, 904
Walnut Street Suite 900 Des Moines Iowa 50309-3574 (515) 280-2051
SPACE ABOVE THIS LINE FOR RECORDER
CONSERVATION EASEMENT
This Conservation Easement (the "Conservation Easement") is made and
granted by The Reserve, L.C., ("Grantor"), to The City of Ames, Iowa ("Grantee"),
effective as of the later of the date of recording of the Final Plat of The Reserve or the
date of recording of this Conservation Easement.
Witnesseth:
Grantor is the owner in fee simple of Lots 1 through 30, The Reserve, an Official
Subdivision, now included in and forming a part of the City of Ames, Story County,
Iowa;
Certain portions of said Lots 1 through 30 within The Reserve, as more
particularly described below, (the "Property"), have scenic, natural and aesthetic value in
their present state as a natural area;
The Grantor is willing to grant a Conservation Easement over the Property,
thereby restricting and limiting the use of the Conservation Easement 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 Grantor and Grantee recognize the scenic, natural and aesthetic 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 condition;
Therefore, in consideration of the sum of One Dollar and other valuable
consideration paid to the Grantor, the receipt of which is hereby acknowledged, Grantor
hereby grants and conveys unto the Grantee and its successors in perpetuity an interest
and conservation easement of the nature and character and to the extent set forth in this
Conservation Easement, in respect to the lands of the Grantor, more particularly
described as follows:
The portions of Lots 1 through 30, The Reserve, an Official Subdivision,
now included in and forming a part of the City of Ames, Story County,
Iowa, as more particularly described as follows and as shown on the
recorded final plat of The Reserve as the "Preservation Area" and whose
boandary is marked on said final plat as the "Preservation Boundary":
a) The Eastern thirty feet (30.0')of Lots 1 through 5, The Reserve, as
measured parallel to the eastern lot line of said Lots 1 through 5;
b) The portions of Lots 6, 7, 8, and 9, The Reserve, that lie
Northeasterly, Northerly or Northwesterly, as the case may be, of the
following described line:
Commencing at the Southeast corner of Lot 1, The Reserve; thence
Westerly 30.00 feet along the Southerly lot line of said Lot 1; thence N
000 06' 10" W, 458.86' to the point on the Northerly lot line of Lot 5, The
Reserve, and the Point of Beginning of said line; thence N 470 52' 57" W,
133.18 feet to a point on the Northwesterly lot line of Lot 6, The Reserve;
thence N 660 08' 26" W, 105.43 feet to a point on the Westerly lot line of
Lot 7, The Reserve; thence S 840 03' 14" W, 135.83 feet to a point on the
Westerly lot line of Lot 8, The Reserve; thence S 480 28' 09" W, 124.16
feet to a point on the Southwesterly lot line of Lot 9, The Reserve, and the
Point of Terminus of said line;
c) The portions of Lots 10, 11, 12, 13, 14 and 15, The Reserve, that
lie Westerly of the following described line:
Commencing at the Southwest corner of Lot 15, The Reserve; thence
20.15 feet Easterly along the Southerly line of said Lot 15 to the Point of
Beginning of said line; thence N 060 49' 50" E, 245.87 feet to a point on
the Northerly line of Lot 13, The Reserve; thence N 290 42' 07" W, 58.70
feet to a point on the Northerly lot line of Lot 12, The Reserve; thence N
750 25' 45" E, 54.28 feet along the northerly line of said Lot 12; thence N
460 59' 24" W, 94.47 feet to a point on the northerly line of Lot 11, The
Reserve; thence N 630 01' 12" W, 30.00 feet; thence N 320 45' 09" W, a
distance of 60.00 feet; thence N 160 41' 49" E, 60.00 feet to a point on the
Northerly lot line of Lot 10, The Reserve and the Point of Terminus of
said line (and which point is also the Point of Terminus of the line
described in(2) above);
d) The portions of Lots 16, 17, and 18, The Reserve, that lie Easterly
of, the portions of Lots 18, 19 and 20, The Reserve, that lie Northerly of,
and the portions of Lots 20, 21 and 22 that lie Westerly of, the following
described line:
Commencing at the Southeast corner of said Lot 16; thence S 890 55' 18"
W, 5.12 feet along the Southerly lot line of said Lot 16; thence S 000 41'
46" E, 2.46 feet along the Southerly lot line of said Lot 16; thence S 880
28' 07" W, 15.36 feet along the Southerly line of said Lot 16 to the Point
of Beginning of said line; thence N 060 49' 50" E, 240.09 feet; thence N
290 42' 07" W, 48.83 feet; thence N 410 08' 40" W, 56.63 feet; thence N
880 17' 13" W, a distance of 205.88 feet; thence S 320 29' 10" W, 119.55
feet; thence S 090 05' 30" W, 234.14 feet to a point on the Southerly lot
line of Lot 22, The Reserve, and the Point of Terminus of said line.
e) The portions of Lots 23, 24, 25, 26 and 27, The Reserve, that lie
Easterly of, and the portion of said Lot 27 that lies Northerly of, the
following described line:
Commencing at the Southeast corner of said Lot 23; thence S 890 35' 12"
W, 25.35 feet along the Southerly lot line of said Lot 23 to the Point of
Beginning of said line; thence N 080 02' 32" E, 250.78 feet to a point on
the Northerly lot line of said Lot 25; thence N 130 36' 18" E, 89.50 feet to
a point on the Northerly lot line of said Lot 26; thence N 80 33' 18'E,
84.81 feet; thence N 801 55' 35" W, 90.03 to a point on the Westerly lot
line of said Lot 27 and the Point of Terminus of said line;
f) The portion of Lot 28, The Reserve that lies Easterly and Southerly
of the following described line:
Commencing at the Southwesterly corner of said Lot 28 and the Point of
Beginning of said line; thence N 110 46' 41" E, 56.99 feet along the
Westerly lot line of said Lot 28; thence S 810 18' 43" E, 110.00 feet;
thence N 100 26' 19" E, 103.01 feet to a point on the Northerly lot line of
said Lot 28 and the Point of Terminus of said line;
g) The portion of Lot 29, The Reserve that lies Easterly and Northerly
of the following described line:
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Commencing at the Southeasterly corner of said Lot 29; thence S 840 19'
23" W, 70.00 feet along the Southerly lot line of said Lot 29 to the Point
of Beginning of said line; thence N 18' 20' 21" W, 115.68 feet; thence N
760 12' 21" W, 79.50 feet to a point on the Westerly lot line of said Lot 29
and the Point of Terminus of said line; and
h) The following described portion of Lot 30, The Reserve:
Commencing at the Northeasterly corner of said Lot 30 as the Point of
Beginning; thence S 180 04' 16' W, 83.46 feet along the Easterly lot line
of said Lot 30; thence N 760 12' 21" W, 13.00 feet; thence N 16' 43' 00"
E, 74.85 feet to a point on the Northerly lot line of said Lot 30; thence N
750 43' 44" E, 18.00 feet along the Northerly lot line of said Lot 30 to the
Northeasterly corner of said Lot 30 and the Point of Beginning.
[This Conservation Easement is also described as the area within the
Preservation Boundary shown on the recorded final plat of The Reserve
that is more particularly described as follows:
Beginning at the Southeast Corner of Lot 1 of The Reserve; thence S 89'
55' 18" W, 30.00 feet along the south line of said Lot l; thence N 00' 06'
10" W, 458.86 feet; thence N 47' 52' 57" W, 133.18 feet; thence N 66' 08'
26" W, 105.43 feet; thence S 84' 03' 14" W, 135.83 feet; thence S 48' 28'
09" W, 124.16 feet; thence S 16' 41' 49" W, 60.00 feet; thence S 32' 45'
09" E, 60.00 feet; thence S 63' 01' 12" E, 30.00 feet; thence S 46' 59' 24"
E, 94.47 feet; thence S 750 25' 45" W, 54.28 feet; thence S 29' 42' 07" E,
58.70 feet; thence S 06' 49' 50" W, 245.87 feet to a point on the south line
of Lot 15; thence S 89' 55' 18" W, 25.27 feet; thence S 00' 41' 46" E, 2.46
feet; thence S 89' 35' 12" W, 15.36 feet along the south line of Lot 16;
thence N 06' 49' 50" E, 240.09 feet; thence N 29' 42' 07" W, 48.83 feet;
thence N 41' 08' 40" W, 56.63 feet; thence N 88' 17' 13" W, 205.88 feet;
thence S 32' 29' 10" W, 119.55 feet; thence S 09' 05' 30" W, 234.14 feet
to a point on the south line of Lot 22; thence S 89' 35' 12" W, 45.63 feet
along the south line of Lots 22 and 23; thence N 08' 02' 32" E, 250.78
feet; thence N 13' 36' 18" E, 89.50 feet; thence N 08' 33' 18" E, 84.81
feet; thence N 80' 55' 35" W, 90.03 feet to the west line of Lot 27; thence
N 11° 46' 41" E, 65.00 feet along the west line of Lots 27 and 28; thence S
81° 18' 43" E, 110.00 feet; thence N 10' 26' 19" E, 103.01 feet to the north
line of Lot 28; thence following said line S 89' 50' 07" E, 6.81 feet; thence
N 84° 19' 23" E, 48.77 feet; thence leaving said line N 18' 20' 21" W,
115.68 feet; thence N 76' 12' 21" W, 92.50 feet; thence N 16' 43' 00" E,
74.85 feet to the north line of The Reserve; thence following said line N
75° 43' 44" E, 118.95 feet; thence S 83' 47' 29" E, 396.53 feet; thence S
65° 37' 00" E, 176.23 feet; thence S 46' 34' 21" E, 109.56 feet to the
Northeast Corner of The Reserve; thence S 00' 06' 11" E, 622.49 feet to
the Point of Beginning, containing 6.44 acres.]
The terms, conditions and restrictions of the Conservation Easement are as set
forth:
1. There shall be no dumping of soil or other material within the
Conservation Easement Area.
2. There shall be no excavation, dredging or removal of loam, gravel, soil,
rock, sand or other material nor any building of structures or roads or other
change in the general topography of the land with the following
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.
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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;
C. Good husbandry practices.
4. 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.
5. No structures shall be constructed within the Conservation and
Preservation Easement on Lots 6, 7, 8, 9, 10, 28 and 29, as shown on the
Official Plat for The Reserve.
6. The owner of any lot burdened by this Conservation Easement 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 make such owner liable to
Grantee for the full cost of replacing the vegetation that was destroyed or
removed.
7. Grantee, and its employees, agents and contractors, may go onto the above
Conservation Easement areas to perform a program of work for fostering
the conservation and preservation of the woodlands and prairies contained
in the above Conservation Easement area substantially in accordance with
a plan for such work approved by the Grantee, on the advise of the Story
County Conservation Commission staff or other professionals, after notice
to an opportunity for comment, by the owners of the land on which said
work is to be performed. No such work shall be performed without at
least one (1) week's prior written notice of the date and schedule for such
work to the owner(s) of the Lot(s) on which such work is to be performed.
Grantee, and its employees, agents and contractors, may also cross the
remaining portions of the Lots burdened by such Conservation Easement
areas to the extent reasonably necessary to access the Conservation
Easement areas. Grantee shall restore any damage to such remaining
portions of such Lots resulting from any such crossing thereof to
substantially its condition immediately prior to such crossing, including
replacing any damaged sod with new sod.
Grantee shall protect, defend, indemnify and hold harmless the owner of
any Lot burdened by this Conservation Easement from any mechanic's
liens or other liens of a similar nature arising from any work performed by
or on behalf of Grantee, and from any claims for damage to property or
injury to or death of any person, including any employee of Grantee or
Story County, arising from the use the Conservation Easement areas by
Grantee or any work performed by Grantee, or its employees, agents and
contractors, in the Conservation Easement areas or on the Lots burdened
by the Conservation Easement areas.
8. This Conservation Easement is solely for preservation and conservation of
the Conservation Easement areas and no member of the general public is
granted any right to enter on or use any portion of the Conservation
Easement area without the prior consent of the owners of the Lot burdened
by such portion of the Conservation Easement area, which consent shall be
in such owners sole discretion.
9. In the event the owner(s) of any Lot burdened by a portion of the
Conservation Easement is in violation of any of the terms, conditions, or
restrictions of this Conservation Easement and such violation continues
after a 30-day notice to such then owner(s) of such Lot, then Grantee may
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institute a suit against such owner(s) for a temporary and/or permanent
injunction to enjoin such violation and/or to require the restoration of the
Property affected by such violation to its prior condition, and for damages
for breach of covenant.
10. In the event that Grantee, or its employees, agents and contractors are in
violation of any of the terms, conditions, or restrictions of this
Conservation Easement and such violation continues after a 30-day notice
to such then owner(s) of such Lot, then any owner(s) of a Lot burdened by
a Conservation Easement may institute a suit against Grantee (and if
applicable any other party acting on behalf of Grantee) for a temporary
and/or permanent injunction to enjoin such violation and/or to require the
restoration of the Property affected by such violation to its prior condition,
and for damages for breach of covenant.
11. The Grantor expressly retains for itself, and its successors and assigns as
to each Lot burdened by this Conservation Easement, the right to continue
the use such Lot for all purposes not inconsistent with this Conservation
Easement.
12. The easements, conditions, restrictions, and covenants imposed by this
Conservation Easement shall not only be binding upon the Grantor and
Grantee but also upon their respective agents and assigns, and all other
successors to their interest, and shall continue as a servitude running in
perpetuity with the above described land.
SIN WITNESS WHEREOF, the Grantor has executed this instrument as of the
CO day of July, 2002.
THE RESERVE,L.C.,
By: Hubbell Realty Company, Manager
B . James W. Hubbell III, 1`6%ldent
f
By: .� a
R. Michael Hay s, Secretary
STATE OF IOWA )
) SS.
COUNTY OF POLK )
On this 2044"% day of July, 2002, before me the undersigned, a Notary Public in and for the
State of Iowa,personally appeared James W. Hubbell III and R. Michael Hayes, to me personally
known, who, being by me duly sworn, did say that they are the President and Secretary,
respectively, of Hubbell Realty Company, the Manager of The Reserve, L. C., an Iowa limited
liability company, executing the within and foregoing instrument; that the instrument was signed
on behalf of said corporate Manager by authority of its Board of Directors and on behalf of the
limited liability company by authority of the Members; and said James W. Hubbell III and R.
Michael Hayes, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the corporate Manager and the limited liability company,by each entity
and by t e vo unt ff NO
F Commission Number 710207
My io es 1U77
N tary Public in a for said State
F:\legal\SHARE\The Resery atting Documents\Conservation Easement 2.doc
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