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HomeMy WebLinkAboutA022 - Greenbelt Conservation Easement Agreement dated April 10, 2007 o� � O I11struffient:2007- 00003888 Date:.Apr 20r20137 03613;--.44F Rec Fee: . 01j ° E-Cote Fee" 1.r11j v� G Aud Fee: ,110 Trans Tax: ,ljp Rec lianagement Fee: 1.00 Won-Standard Page Fee: .00 Filed for record in Story Countyr Iowa N Susan L. Vande Kamer r_.ounty Recorder b � as N DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,City of Ames Legal Department,515 Clark,Ames,io`.'ia 50010(Phone: 515-239-5146) Return recorded document to:Ames City Clerk,City of Ames,515 Clark,Ames,Iowa 50010 GREENBELT CONSERVATION EASEMENT AGREEMENT This Easement, made this 1fZ day of APR 1 L , 2007, by and between PINNACLE PROPERTIES AMES, L.L.C., (hereinafter called the Grantor), and THE CITY OF AMES, IOWA, (hereinafter 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,an easement is currently in place granting the City of Ames a Greenbelt Conservation Easement over this property which easement is dated June 1, 1987 and was filed in the office of the Recorder of Story County, Iowa on June 2, 1987 in Book 251 at Page 345; WHEREAS it is the City's intent that the 1987 easement shall be released on execution of this Agreement; 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 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 Two (2),Willow Creek Estates Fourth Addition, in the City of Ames,Story County, Iowa;described as follows: ABeginning at the Southeast(S.E.) corner of said Lot Two (2); (the following 6 calls are along the south line of Lot 2)thence N 66'47' 17"W, 128.26 feet;thence S 77'02' 11"W,303.40 feet;thence S 200 09'02" W,57.97 feet; thence S 72' 13'44" W,224.01 feet; thence N 83'01'08" W, 513.91 feet; thence N 28' 14' 07" W,260.41 feet; thence North, 135.56 feet along the west line of Lot 2; thence S 45'48'00"E,63.92 feet;thence S 31'14'00"E, 185.60 feet;thence S 76' 17 00"E,473.63 feet;thence N 70'56' 19"E,412.00 feet;thence S 87'55'00"E,287.99 feet;thence S 00'09'22"E, 95.46 feet along the east line of Lot 2,to the Point of Beginning.@ Area contains: 151,541 square feet or 3.48 acres. Easement Area is shown on the Final Plat of The Estates of Nature's Crossing Subdivision. 1. The terms,rights,privileges,conditions,and restrictions of the Easement hereby granted are as follows: A. 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, except as follows: (i)Grantee is authorized to undertake removal,destruction and cutting of any trees,shrubs or vegetation including trimming, mowing and pruning, as Grantee finds necessary to keep and maintain clearance of the shared use path and five feet of clear space on either side of the shared use path; and (ii) Grantee and Grantor's successors and assigns are authorized to mow and clear or place plantings within the easement area up to five feet on the north side of the shared use path; and on the south side, such work shall be done only if in full compliance with the flood plain overlay zoning district regulations and all plantings to the south of the shared use path shall be native or approved plants to maintain that area as a deep-rooted vegetation buffer. (iii) Grantee shall be permitted such incidental removal, destruction or cutting of trees, shrubs,and vegetation as may accompany any reconstruction,repair or other maintenance of the path surface. Any other work within the easement shall be approved by the Grantor. B. Neither Grantor or Grantee shall cause or permit any excavation, dredging or removal of loam, gravel, soil, rock, sand or other material, nor any buildings,roads or other change in the topography of the land, except as is necessary for the Grantee to maintain the waterway, stream banks or as is otherwise required-of Grantee to be in-compliance with Federal, State or local laws. C. Neither Grantor or Grantee shall cause or permit any building,billboard,advertisement,fence or other permanent structures to be erected on the property, subject to the following limitations: (i) Grantee shall be allowed to place such signage as it determines to be necessary in the interest of public safety; and (ii) Grantor may erect a monument sign with the subdivision name upon it near the entrance to the subdivision at a location which shall not obstruct sight distance for vehicles exiting or entering Cochrane Parkway; and (iii) Grantor and Grantor's successors and assigns may place structures within the easement area that are not permanent in nature and that do not impede the flow of the waterway or erode the stream banks including, but not limited to, walking bridges across the stream; provided such structures are compliant with the flood plain overlay zoning district regulations and have all necessary building/zoning permits. Pr,l z 2. This Agreement shall be binding upon the heirs,successors,and assigns of the Grantor and of the Grantee. 3. The Greenbelt Conservation Easement Agreement dated June 1, 1987 and filed in the office of the Recorder of Story County,Iowa on June 2, 1987 in Book 251 at Page 345 is hereby vacated. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hand and seal. GRANTOR GRANTEE PINNACLE PROPERTIES AMES,L.L.C. CITY OF AMES,IOWA z 1 ; X �J2"w k t ,Z4" ,•. By: -,�,o ,�,� By: �> > I �k y Keith D. Arneson, Member Ann H. Campbell, Nfayory ; .. Attest b �r ------------------------------- �e€r'�d., Diane R. Voss, City Clerk .`t � w ` t STATE OF IOWA, STORY COUNTY, ss: On this 9 day of Af,2007,before me,Notary Public in and for the State of Iowa, '. personally appeared KEITH D.ARNESON,to me personally known, who being by me duly sworn did say that he is a member of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said KEITH D.ARNESON acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed JEANNIE A. STOLEE z° COMMISSION 11 137834 ~ MY COMM1SS10N E;;r'lRES otary Public in and for the State of Iowa rovik I_i�l_p STATE OF IOWA, STORY COUNTY, ss: On this I It" day of &W I L- ,2007,before me,Notary Public in and for the State of Iowa, personally appeared Al;TN H:CA-MPBELL and DIANE-R.VOSS,to-n:e personally-known;who being by me- duly sworn did say that they are the Mayor and the City Clerk,respectively, of the City of Ames,Iowa;that the seal affixed thereto is the corporate seal of the corporation,that said instrument was signed and Sealeto on behalf of said corporation by authority of its City Council,as contained in Resolution No. �`� �© adopted by the City Council on the lb day of R P�' ( L� ,2007,and that ANN H. CAMPBELL and DIANE R.VOSS as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. Notary Public in and for t4 State of Iowa Q,%A1.s JILL L. FZIPPI=Fig'. Z MY COMMISSIO//N�� ,RcS COMMISSI GYP1 IONIA -� 'd-1 S:\LAMPinnacle Properties-Greenbelt Conservation Easement Agreement 040607.doc