HomeMy WebLinkAboutA009 - Convenant dated December 22, 2006 e
Prepared by: Robert W. Goodwin, 311 W. Lincoln Way, Suite 1, Ames, Iowa, 50010; 515-232-7390.
Return to: Robert W. Goodwin, 311 W. Lincoln Way, Suite 1, Ames, Iowa, 50010; 515-232-7390.
Taxpayers: Alan J. & Susan M. Nacin, 648 East Riverside Drive, Ames, Iowa, 50010.
COVENANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Alan J. Nacin and Susan
M. Nacin, husband and wife, are the owners in fee simple of certain real property herein
described in Story County, Iowa, and do hereby establish this Covenant that runs with the
land that there will be a Conservation Easement on the following described property
which will be preserved as a natural area:
A part of Lot 4 of Nacin Subdivision in the Southeast Quarter
of the Southeast Quarter of Section 23, Township 84 North,
Range 24 West of the 5th P.M., Story County, Iowa being
more particularly described as follows: Beginning at the
Northwest Corner of said Lot 4, said point being the
beginning of right curve from which the radius point bears
S 1099'14"W, thence Easterly, 153.66 Feet along the curve
concave to the South, having a radius of 3764.72 Feet and a
central angle of 2°20'19" and being subtended by a chord
which bears S78°10'36"E, 153.65 Feet to the Northeast Corner
of said Lot 4; thence following the Easterly line of said Lot
4 S05040'06"W, 126.95 Feet; thence S60°33'32"E, 75.00
Feet; thence S37042'18"W, 73.55 Feet; thence departing said
line S84001'46"W, 152.00 Feet; thence S72°56'59"W, 63.00
Feet to a point on the Westerly line of said Lot 4; thence
following said line N00012'09"E, 107.84 Feet; thence
S89021'07"E, 17.00 Feet; thence N00012'59"E, 59.29 Feet;
thence N16°30'12"E, 125.38 Feet to the Point of Beginning,
containing 1.11 Acres.
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The property has scenic, natural, and aesthetic value in its present state as a natural
area which has not been subject to development or exploitation;
The Covenantors are willing to establish a conservation easement over the property,
thereby restricting and limiting the use of the land on the terms and conditions and for the
purposes hereinafter set forth.
The Covenantors recognize the scenic, natural and aesthetic value of the property
in its present natural state and have, by this Covenant established a conservation easement
for 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;
The terms, conditions and restrictions of the conservation easement are as set forth:
1. There shall be no dumping of soil or other material.
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.
3. There shall be no removal, destruction, or cutting of trees,
except as may be necessary for:
(a) Removing shrubs, and mowing around the trees.
(b) Maintaining a mowed area free of trees and
shrubs 35 feet in width around the perimeter of
this conservation easement.
(c) The prevention or treatment of disease.
(d) Good husbandry practices that are permitted and
do not require approval of the City of Ames are
as follows:
(1) Removing dead trees.
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(2) Removing stems (saplings) that are 6" in diameter
or less, but still maintaining the present density
of trees of approximately 150 per acre.
(e) Husbandry practices that do require the approval
of the City of Ames are:
(1) Removing undesirable species as determined by
State or County Forest Management personnel.
(2) Removing a stem (sapling) that is 6" in diameter
or larger.
(f) Husbandry practices that are required to be filed
with the City of Ames, but do not require
approval of the City of Ames, are:
(1) Any other practice as contained in a Woodland
Management Plan should such plan be prepared
by a State or County Forest Management official.
4. There shall be no activities, actions, or uses detrimental or
adverse to water conservation, erosion control, soil
conservation, and wildlife or habitat preservation.
5. Burial sites shall not be disturbed in any way.
6. This Covenant in no way bars or prevents the construction and
maintenance of storm water management facilities as may be
required by a governmental agency.
By way of specification, but not limitation, the Covenantors shall not engage in,
permit, participate in or aid and abet any cutting, burning, or other removal of trees until
after 30 days notice to and the authorization of the City of Ames. Any destruction or
removal of trees in violation of this provision shall result in the Covenantors, their heirs,
successors and assigns, being jointly and severally liable to the City of Ames 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 City
of Ames, go onto the above described premises to perform a program of work approved
by the City of Ames, on the advise of the City of Ames staff or other professionals, after
notice to and opportunity for comment, by the owners of the land on which said work is
to be performed.
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In the event a violation of these terms, conditions, or restrictions is found to exist
the City of Ames, after a 30-day notice to the Covenantors, 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 Covenantors 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 Covenantors but also their agents, heirs and assigns, and all other
successors to their interest and shall continue as a servitude running in perpetuity with the
above described land.
Should the City of Ames' 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 Covenantors, their successors and assigns.
IN WITNESS WHEREOF, the Covenantors have hereunto set their hands and
seals in the day and year above written.
Dated this )�-?-- day of December, 2006.
OWNERS
Ala . ac'n
Susan M. Nacin `
STATE OF IOWA, STORY COUNTY, ss:
This instrument was acknowledged before me on the day of December,
2006, by Alan J. Nacin and Susan M. Nacin, husband and wife, as Owners of the above-
listed property.
Q,%AL S SHERI L. DAVIS
�P y COMMISSION# 127116 -010,41
MY COMMISSION EXPIRES Notary Public in and for the State of Iowa.
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