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HomeMy WebLinkAboutA007 - Conservation Easements, Instrument No. 2020-05301 �o Ug w � Instrument tt: 2020--05301 05/21/2020 10:09:34 AM Total Pages: 5 c a EASE EASEMENTS F b Recording Fee: $ 27.00 Qn Stacie Her''rlIi��dge, ecorder, Story a County Iowa � u I z II� �Yi �' I � '�i r I' R1lu� ,I II I,W �N w INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pk .,Ames,IA 50010 515 288-2500 RETURN To: Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010 CONSERVATION EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That DW PORTFOLIO,LLC, for good and valuable consideration,does hereby grant unto the CITY OF AMES,IOWA, and its successors and assigns, conservation easements(as situated on each referenced lot and the collective area thereof, the "Conservation Easement Areas", and as shown on the Easement Exhibit attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth)upon,underground,over or across the following-described real estate: That part of Lot Two(2),being more particularly described as follows:Commencing at the Northwest Corner of said Lot Two(2);thence S89°48'36"E, 106.78 feet along the north line thereof to the point of beginning; thence continuing S89°48'36"E, 176.29 feet; thence S0091'24"W, 109.36 feet; thence S13°46'44"E, 95.79 feet; thence S13°40'08"W, 24.42 feet; thence N90000'00"W, 215.34 feet; thence N07°03'31"W, 160.43 feet;thence N31°56'51"E,79.53 feet to the point of beginning; AND, That part of Lot Three (3), being more particularly described as follows: Commencing at the Northwest Corner of said Lot Three (3); thence N90°00'00"E, 82.36 feet along the north line thereof to the point of beginning; thence continuing N90°00100"E, 215.34 feet; thence S 13°40'08"W, 72.72 feet; thence S29°01'14"W, 102.41 feet; thence N90°00'00"W, 33.04 feet; thence S35'01'46"W, 23.01 feet; thence N90°00'00"W, 32.85 feet; thence, N26058'48"W, 137.49 feet; thence N07°03'31"W, 56.96 feet to the point of beginning, containing, all of the foregoing in WHEELOCK CORNER SUBDIVISION, AMES, STORY COUNTY, IOWA (the "Subdivision"). The foregoing rights are granted upon the express condition that the undersigned shall not erect or place within the easement areas identified herein any building or other structure or improvement, including,but not limited to, a retaining wall or fence, or any trees, shrubs, or other landscape plantings other than grass or comparable ground cover except with the consent of the City of Ames, Iowa. The City of Ames, Iowa shall have the right to trim or remove trees and shrubs within the easement areas identified herein to prevent damage to utility service lines of the City of Ames, Iowa located within said easement areas. The Conservation Easement Areas shall be managed in such a manner as to preserve the oak woodlands thereon as identified in the natural resource inventory prepared with respect to the Subdivision, and further, no trees within the Conservation Easement Areas shall be removed,destroyed,or cut except as reasonably necessary to maintain the trees, to treat and prevent disease thereof, and in conformance with good husbandry practices. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. Dated this W+w day of May, 2020. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF CONSERVATION EASEMENTS DW PORTFOLIO, LLC 1 By: L David E. Wheeloc , Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this day of May, 2020, by David E. Wheelock, as a Manager of DW Portfolio, LLC. lit- ary Public in and for the State of Iowa My commission expires rna-1 aCo d 3 LINDA M.DEDECKER Commission Number 734345 My Commission E)Ores May 5,4-IL&3 3 EXHIBIT A EASEMENT EXHIBIT 4 EASEMENT EXHIBIT LOCATION: LOTS 2 AND 3 IN WHEELOCK CORNER SUED. CITY OF AMES,STORY COUNTY,IOWA PROPRIETOR: OW PORTFOLIO,LLC REQUESTED BY: SCOTT WILLIAMS SURVEYOR: R.BRADLEY STUMBO,PLS 417161 FOX ENGINEERING ASSOCIATES,INC. AMES,IA S0010 515-233-0000 r ( LO CORNER r LOT 2 SBT48.36"E 106.78' S09'48'36'E 1766 29� ' ) v CONSERVATION u,) `NH£SU&o,ZSOVA EASEMENT 47936.83 S.F. 1.10 ACRES 1m r r NW CORNER r 13'40'08"E LOT 3 N90'00'00"E NERO .-F 24.42' 82.36' N90"00'00"W 215,34' r �o o O ^V O)W z CONSERVATION LLI� y EASEMENT wl 2• 27303.64 S.F. ar 0.63 ACRES ti O \ J Q- 33.04' N9 32,135' r 2.85' S35'91'46"W 2 I.01, y 101 GOS'•N£K r V41i£St16 ON"51pP1 r r r r 1 i i LOT 3oRNER SOUTH 16TH STREET(ROW VARIES) Legal Description-Conservalion Easement: That part of Lot 2,Wheelock Corner Subdivision,City of Ames.Story County,Iowa,being more particularly described as follows:Commencing at the Northwest Corner of said Lot 2;thence S69'48'36"E,106.78 feet along the north line thereof to the point of beginning;thence continuing S89048'36"E,176.29 feet;thence SOO*11'24"W,109.36 feet;thence S13'46'44"E,95.79 feet;thence S13'40'08"W,24.42 feel;thence N90'00'00"W,215.34 feet;thence N07'03'31"W.160.43 feet;thence N31'56'51"E,79.53 feet to the point of beginning,containing 1.10 acres. Legal Description-Conservation Easement: That part of Lot 3,Wheelock Corner Subdivision,City of Ames,Story County,Iowa,being more particularly described as follows:Commencing at the Northwest Corner of said Lot 3;thence N90*0000"E,82.361eat along the north line thereof to the point of beginning;thence continuing N90'00.00"E,215.34 feel;thence S13'40'06"W,72.72 feet;thence S29'01'14"W, 102.41 feet;thence N90'00'00"W,33.04 feet;thence S35'01'46"W,23.01 feet;thence N90'00'00"W,32.85 feel;thence N26'58'48"W,137.49 feet;thence N07'03'31"W,56,96 feet to the point of beginning,containing 0.63 acres. N I 0 I hereby certify that this land surveying document was prepared by me or under my direct personal Pdenn.napn llamveyor under the laws of the Stale of Iowa. ```O11"j EY STD- 'a )FOX E-N engineerinineering /� )OENSfo Ao£_ /, 9/16/2020 =;Si 17161 o= FOX Engineering Associates,Inc. ;p, 414 South 17th Street,Suite 107 R. BRADLEY 5T11M80, PLS 'O"` -j: Amos,Iowa 50010 DATE I /OWP. p\�a Phone:(515)233-0000 License number 17161 16 v%4`•--- SJ FAX:(515)233-0103 My license renewal date Is December 31, 2021. ainrIt LANpavo``�� )OBN 5480-19A DATE:4/15/20 PAGE 1 OF 1