NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE

Notice is hereby given that on November 15, 1995, an agreement was made between the Iowa Department of Natural Resources and the City of Denison, Crawford County, Iowa to provide state funds for the acquisition or development of real estate legally described as:

(Describes Wheels to Heels Trail, covering parts of Parkland Addition in the City of Denison)

The state funds provided by the above-mentioned agreement were appropriated pursuant to the Iowa Resources and Enhancement, Chapter 455A, Code of Iowa and administered pursuant to the Resource Enhancement and Protection Program: County, City, and Private Open Spaces Grant Programs, Chapter 33, Iowa Administrative Code. This rule imposes the following restrictions on use of the above-described real estate:

33.17(2) Land Disposal. Whenever the department, and, if a city or county, the grantee, determine that land acquired or developed with resource enhancement and protection fund assistance is no longer of value for the program purposes, or that the grantee can show good cause why the land should no longer be used in accord with the approved project purpose; the land may be disposed of with the director’s approval and the proceeds therefrom used to acquire or develop an area of equal value, or all grant funds shall be returned to the state for inclusion in the account from which the grant was originally made. If land acquired through the private grant program is determined to be no longer of interest by the state, the proposed dispersal of the property shall be reviewed by the grantee, and the grantee shall have the first right of refusal on an option to take title to the property in question.

The notice will be filed by the City of Denison, Crawford County, Iowa in the office __ the Recorder of the county in which the subject real estate is located.