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Home My WebLink AboutA005 - Conservation Easement Agreement dated September 14, 2015 . t v S Instrument:2015- 130009695 uate:Drt 02,2015 03:33:43F D Rec Fee: 20.00 E-Com Fee: 1.00 Aud Fee: .00 Trans Tax: .00 w Rec Management Fee: 1.00 d d� Non-Standard Page Fee: .00 a ; Filed for record in Story t:ountyr Iowa E~ -Stacie L. Herridger County Recorder E� o T� W 0]ry N W WHEN RECORDED RETURN TO: Ames City Clerk 515 Clark Ave Ames,IA 50010 Preparer Information: Kristin B.Cooper, 100 Court Avenue,Suite 600,Des Moines IA 50309 Ph 515-243-7611 CONSERVATION EASEMENT AGREEMENT This Easement is made this #-),� day of September, 2015, by and between AMES COMMUNITY SCHOOL DISTRICT(the "Grantor"), and THE CITY OF AMES, IOWA(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 Conservation Easement over this property as shown on the Final Plat of the Ames Middle School, Plat 3 and preceding plats of the property included therein; WHEREAS, said property 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 and Grantee wish to memorialize the terms of the existing 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: 1 Conservation Easement: A part of Outlot A, Ames Middle School 2003 and Lot 1 , Ames Middle School 2003, Plat 2, both in the City of Ames, Story County, Iowa, said part being more particularly described as follows: Commencing at the Southwest Corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 8, Township 83 North, Range 24 West of the 51h P.M., City of Ames, Story County, Iowa, said point also being the interior Corner of the Westerly line of said Outlot A; thence N89°08'08"W, 25.23 feet along the Northerly line of said Outlot A to the point of beginning; thence S58°47'38"E, 252.74 feet; thence S81°52'59"E, 193.96 feet; thence N65022'06"E, 370.55 feet; thence S83022'00"E, 594.42 feet; thence N30019'54"E, 730.94 feet; thence S85°01'06"E, 96.79 feet to the East line of said Lot 1; thence S00°15'00"E, 192.50 feet along said line; thence N89°40'17W, 115.12 feet; thence S19°49'07"W, 568.91 feet; thence S42055'38"W, 213.79 feet; thence N78°57'33"W, 540.90 feet; thence S70°28'12"W, 386.72 feet; thence N84°46'31"W, 375.36 feet; thence N31°29'32"W, 383.50 feet; thence S89008'08"E, 121.26 feet to the point of beginning, containing 10.28 acres. (the "Easement Area"). Easement Area is as shown on the Final Plat of Ames Middle School, Plat 3. 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 within the Easement Area, except as follows: i. Grantee and Grantor are authorized to undertake removal, destruction and cutting of any trees, shrubs or vegetation including trimming, mowing and pruning, as they find 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 are authorized to mow and clear or place plantings within the Easement Area up to five feet on either side of the shared use path; such work shall be done only if in full compliance with the flood plain overlay zoning district regulations and all plantings within five feet on either side 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 Area shall be subject to the prior written approval by Grantor. B. Neither Grantor or Grantee shall cause or permit any excavation, dredging or removal of gravel, soil, rock, sand or other material, nor the construction of 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 or Grantor 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 within the Easement Area, 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; 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. 2. This Agreement shall be binding upon the heirs, successors, and assigns of Grantor and Grantee. � 3 r r� i IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hand and seal. GRANTOR AMES COMMUNITY SCHOOL DIS T j By: Glti By: r Lug Y� r'�oRF� , Board President C, IsflIV4 S7&1US44WpBoard Secretary STATE OF IOWA, COUNTY OF STORY: On I / , 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the Board of Directors of the Ames Community School District, the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by the authority of its Board of Directors; and that the President and Secretary, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. CAROL HUNDERTMARK Commission Number 763529 My Commission Expires NOTARY PUBLIC IN AND FOR SAID STATE June 17, 2016 GRANTEE CITY OF S, IOWA c / (ice r By: t�yl v'np f , Mayor OSS , City Clerk ,> ' STATE OF IOWA, COUNTY OF STORY: On ellvt Il a� , 2015, before me, the undersigned, a Notary P blic in and for the �tqteof Iowa, personally appeared 4 V 11 `� ,Cao'1 I and D�S , to me personally known, who, being by me duly sworli, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa, the municipal corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by the authority of its City Council; and that the Mayor and City Clerk acknowledged the execution of the instrument to be the voluntary act and deed of the municipal corporation, by it and by them voluntarily executed. NOTARY PUBLIC �ANFOR SAID STATE 01148230-1\10164-077 4'auc Jill L. Ripperger aV � Commission Number 146549 * * My Commission Expires 1 iow� 3-17-19' `� ,..—, � } F .,,.,:,,. .... :. s ,-;a �`�ateLk,�� '�'��.:��+�t �,F