HomeMy WebLinkAboutA023 - Infrastructure Installation and Conservation Management Agreement dated April 25, 2017 Instrument 0: 2017--03888
04/28/2017 03:56:49 PM Total Pages: 7
00 OTHER
Recording Fee: $ 37.00
Stacie Herridge, Recorder, Story County Iowa
INFRASTRUCTURE INSTALLATION AND
CONSERVATION MANAGEMENT AGREEMENT
Preparer Information:
Lisa R.Wilson
475 Alice's Road,Suite A
Waukee,Iowa 50263
(515)369-2502
Taxpayer Information:
Story County,Iowa
Administration Building
900 Sixth Street
Nevada,Iowa 50201
Return Document To:
Wilson Law Firm,P.C.
475 Alice's Road, Suite A
Waukee,Iowa 50263
Grantor:
The Irons,L.L.C.
Grantee:
City of Ames,Iowa
Legal Description:
Lots One (1)through Thirty-two (32), and Outlots X and Y, in The Irons, an Official Plat, Story
County,Iowa.
Document or instrument number of previously recorded documents:
N/A
Infrastructure Installation and Conservation Management Agreement
THIS Infrastructure Installation and onservation Management Agreement
("Agreement") is entered into this �— day of /V , 2017, by and
between the City of Ames, Iowa ("City") and The rons, L.L.C., an Iowa limited liability
company ("Property Owners") concerning Lots One (1) through Thirty-two (32), and Outlots X
and Y, in The Irons (collectively"Lots" and individually"Lot").
WHEREAS, the Property Owners acknowledge the Property is currently located within
the county limits of Story County, Iowa but the City intends to annex the Property into the City
of Ames as some point in the near future.
WHEREAS, once the Lots have been annexed into the City, it will be necessary for the
Property Owners to connect to City water and sanitary sewer.
WHEREAS, in consideration of the City providing water and sanitary sewer service to
the Lots, and in consideration of the Property Owners connecting to the City water and sanitary
sewer services, the parties agree to certain matters as set out in this Agreement.
NOW,THEREFORE, the parties agree as follows:
1. As reasonably practicably after annexation, the City agrees to provide public
water service ("Water Service") and sanitary sewer service ("Sanitary Sewer Service") to the
southern boundary of the Lots for the use of the Property Owners.
2. Once Water Service is available to the Lots, the Property Owners, or its
successors or assigns, agree to immediately disconnect water service from Xenia and connect to
the City's Water Service. Property Owners are responsible for payment of all connection and
disconnection fees at the time the Property, or any portion thereof, is connected to the Water
Service.
3. Once Sanitary Sewer Service is available to the Lots, the Property Owners agree
to immediately disconnect from and abandon any existing septic system and connect to the
City's Sanitary Sewer Service. Property Owners are responsible for payment of all connection
fees at the time the Lot(s) is/are connected to the Sanitary Sewer Service.
4. Property Owners, its/their successors and assigns, at its/their respective sole cost
and expense, shall be responsible for the installation of all sanitary sewer infrastructure necessary
to connect to the Sanitary Sewer Service within easement areas previously provided to the City
in connection with the final plat of The Irons and consistent with City specifications. All
sanitary sewer infrastructure, except individual service lines, will be owned, operated and
maintained by the City.
5. Property Owners acknowledge the existence of the Conservation Easement
Management and Public Outreach and Education Plan ("Conservation Plan") developed by The
Irons, L.L.C., and benefitting the City regarding management of conservation easement areas, a
copy of which is attached hereto as Exhibit "A" and made a part hereof. Upon execution of this
Agreement, Property Owners agree to be bound by said Conservation Plan.
6. In the event a breach by a parry of its obligations under this Agreement is not
cured within thirty (30) days following the date of written notice from the other party to the
breaching party, the non-breaching party shall be entitled to exercise all rights and remedies
available at law or in equity including, but not limited to, the right to obtain damages (including
attorney fees and costs), restitution, specific performance, and injunctive relief. All rights and
remedies provided for herein or which are otherwise available at law or in equity shall be
distinct, separate, and cumulative, and may be exercised concurrently, independently or
successively in any order whatsoever and as often as the occasion therefore arises.
7. This Agreement may be executed in any number of counterparts, each of which
shall be deemed as original, but all of which together shall constitute one and the same
instrument, and in making proof hereof, it shall not be necessary to produce or account for more
than one such counterpart.
8. This Agreement shall run with the land and be binding upon and shall inure to the
parties and their successors and assigns.
9. Time is of the essence in performance of this Agreement.
EXECUTED the day and.year first above written.
City of Ames,Iowa The Irons, .L
By: By:
Its: C ' pher dl%izer,Manager
STATE OF IOWA, 5T�COUNTY,ss:
This instrument was acknowledged before me on this day of Iq 2017, by
,qlU,V C mP6 F� ,the Xf 4y pf2 of the City of Ames,Iowa.
410ats Jill L. Ripperger '
$ Commission Number 146549 Notary Public in anA for thQ State of Iowa
* fir My Commission Expires
STATE OF IOWA,COUNTY OF ,ss:
This instrument was acknowledged before me on this day of [ , 2017, by
Christopher Gardner,Manager of The Irons,L.L.C.
JILT.D.SMITH
Q`sF Not Pu ' in and for the State of Iowa
Commission Number 75£460 �'
4t My Co issi n Exoires
ovaa fl Ib
EXHIBIT"A"
Conservation Plan
THE IRONS
CONSERVATION EASEMENT MANAGEMENT AND PUBLIC OUTREACH AND EDUCATION PLAN
SITE PREPARATION
April-May 2017
■ Mow existing grass/vegetation until herbicide application
■ Apply glyphosate for grasses,aminopyralid for broadleaf vegetation
■ Inspect as green-up occurs, perform additional treatments as necessary
■ Prior to seeding,till easement area to 6" depth. Hand broadcast high density seed mix of short
prairie species,with grasses and flowering species with a wide range of blooming times.
CONSTRUCTION PHASE MAINTENANCE&PROTECTION
Weeds must be kept under control in all areas near the conservation easement area.
■ Do not allow weeds to go to seed. Control by mowing or spraying as construction progresses. If
spraying,protect the easement area from overspray.
VEGETATION ESTABLISHMENT
Spring through Fall 2017
■ Inspect seeded areas regularly for weed encroachment
■ Weed or mow if weed encroachment begins to shade desired seedlings.
■ Manually remove weeds where feasible—this is the preferred method.
■ Spot mow if necessary where weeds are dense
■ Damaged or poorly developed areas should be evaluated and reseeded.
■ Monitor for invasive tree seedlings, remove as necessary
Spring through Fall 2018
■ Mow easement area in early spring
■ Continue maintenance as outlined above
LONG-TERM MAINTENANCE
■ The conservation easement areas are owned by the individual lot owners whose lots the
easement crosses. However,the easement will be maintained by The Irons Homeowners
Association. Maintenance will be contracted for and performed according to this document.
Cost of maintenance will be funded by Association dues.
■ Once established,the easement area should be mowed annually, in late spring.
■ Once established,the easement area should-be annually evaluated by a professional
experienced in the management of such areas. The easement should be inspected for weeds,
tree seedlings,and any invasive species.,as well as for any physical damage. A restoration
and/or repair solution shall be promptly determined and executed,following the procedures as
outlined above.
■ Exceptionally wet or dry periods may result in the reduction of desirable species. The annual
evaluation shall include review of thin,weak,and poorly established vegetation.
Recommendations shall be made for the re-establishment of these areas. The subject areas
shall be re-seeded or planted with live plants and monitored and maintained to ensure re-
establishment.
1
■ Individual homeowners,the homeowners association,their lawn care providers,and the City
and County road maintenance departments shall be made aware of the necessity of protecting
the easement area.
■ The shared use path will serve as a separator between the GW Carver r.o.w. and the easement,
but care,must be taken to protect the easement are from overspray when the City/County
performs weed control.
■ Separation of lawn and prairie areas:
o A 1'wide limestone chip band be used to communicate the fact that the prairie area is
intentional and not just a failure of maintenance.
o Landscape boulders can also serve as lawn/easement delineation markers to prevent
encroachment of mowing into easement areas. Plaques mounted to the boulders can
provide further information regarding the easement area.
PUBLIC OUTREACH&EDUCATION
Naturalized or restored prairie areas are viewed by some as weedy and unsightly,especially during the
establishment period. To address this,the following Education and Outreach is proposed:
■ A document shall be prepared,to be given to all potential homeowners,describing the value,
nature,establishment process,and maintenance and protection procedures relative to the
easement area.This document will be available at the Golf Course as well.
■ On-site signage will be implemented during the establishment period,describing the
establishment process and communicating expectations. Once established permanent signage
should be used to describe the value, benefits,and expectations for the area.
2
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