HomeMy WebLinkAboutA001 - Partial Acquisition Contract 01 - 04 779
INST.NO.
D STORY COUNTY,IOWA
G FILED FOR RECORDANf
APR 2 5 2001 PM
SUSAN"L� �
VANDDE KAMP,Recorde
REC.FEE;gIQ- LAUD.FEE$
Prepared by:Gene M.Asklof,Graham Land Acquisition Associates,Inc.,1715 South G Ave.,Nevada,IA 50201 (516)382-1698
For:City of Ames Public Works Department,Administration Building,615 Clark Ave.,Ames,IA 60010 (516)239-6160
Page 1
PARTIAL ACQUISITION CONTRACT
PARCEL NO. 9 COUNTY STORY
PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way (U.S. 69)
SELLER: Kerr-McGee Refining Corporation
THIS AGREEMENT made and entered into this 23 day of March , 20 01, by and between Seller
and the City of Ames, Iowa, a municipal corporation, Buyer.
1. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s)furnished by Buyer,
and Buyer agrees to buy the following real estate,hereinafter referred to as the premises,situated in parts
of the following:
Lot 2 and Lot 3 of Block 48 in the 4th Addition to Ames in the SW'/of the SW'/<of Section 2, Township 83
North, Range 24 West of the Fifth Principal Meridian ,
County of Story , State of Iowa, and more particularly described on Page 4 & 5 , including the
following buildings, improvements and other property:
Land only
SELLER ALSO AGREES to convey to Buyer 99 follows a'! of Seller's of direct aceegg to I lighway
emeepting and regen the right of eeeesq at the following leeationg.,
The premises also includes all estates, rights, title and interests, including all easements, and all
advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to
any change of grade of the highway and accepts payment under this contract for any and all damages
arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per
the terms of this contract and discharges Buyer from liability because of this contract and the
construction of this public improvement project,except as provided for in Section 10 and 16, hereto.
2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and
enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right
to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender
possession of the premises or building or improvement or any part thereof prior to the time at which he
has hereinafter agreed to do so,and agrees to give Buyer ten(10)days notice of Seller's intention to do
so by calling Buyer collect.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and surrender
physical possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$ on right of possession
$ on conveyance of title
$ on surrender of possession
$ 14,900.00 on possession and conveyance 60 days after Buyel'approval
$ 14,900.00 TOTAL LUMP SUM
Breakdown Ac./Sq,Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 923 sq. ft. State of Iowa
Permanent Easement 198 sq. ft. City of Ames
Temporary Easement 586 sq. ft.
4. Each page and each attachment is by this reference made a part hereof and the entire agreement consists
of 5 pages.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER—ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 9 COUNTY STORY
PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way (U.S. 69)
5. SELLER WARRANTS that there are no tenants on the premises holding under lease except:
NONE
6. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES
to pay all liens and assessments against the premises, including all taxes and special assessments
payable until surrender of possession as required by the Code of Iowa,and agrees to warrant good and
sufficient title. Names and addresses of lienholders are:
NONE reported
7. Buyer may include mortgagees,lienholders,encumbrancers and taxing authorities as payees on warrants
as contract payment. In addition to the Total Lump Sum, Buyer agrees to pay $100.00 for the cost of
adding title documents required by this transaction to Seller's abstract of title. If requested to do so,
SELLER WILL furnish and deliver to the City of Ames Legal Department,515 Clark Ave.,Ames, IA 50010,
an abstract of title continued to date showing merchantable title to the premises in Seller. Buyer agrees
to pay the cost of abstract continuation and to return the abstract to Seller. SELLER AGREES to obtain
court approval of this contract, if requested by Buyer, if title to the premises becomes an asset of any
estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other
costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs
shall be paid in amounts supported by paid receipts or signed bills.
8. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in
common at the time of this contract, Buyer will pay any remaining proceeds to the survivor of that joint
tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed
by operation of law or acts of Seller.
9. These premises are being acquired for public purposes through eminent domain and this transfer is
exempt from the requirements for the filing of a Declaration of Value by the Code of Iowa.
10. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages
not apparent at the time of the signing of this contract as required by the Code of Iowa.
11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement
to do or not to do any act or deed except as specifically provided for herein.
12. Seller states and warrants that there is no known well,solid waste disposal site,hazardous substances,
underground storage tanks or burial sites on the premises described and sought herein, except as
provided in Section 16, hereto.
13. Buyer agrees to construct a Type"B"Entrance at Sta.220+26.20(WBL),North side. It is understood and
agreed that all other entrances lying within the described premises not listed or allowed in this contract
will be eliminated.
14. It is understood and agreed that all other entrances on Seller's remaining property that lie outside the
construction limits are allowed to remain in their present location for Seller's continued use.
15. Buyer is a ranted Temporary Easement,described as follows,on Sellers property for the purpose of saw
9 p
cutting and for the purpose of saw cutting and for the purpose of shaping: From Sta. 219+37±PL(WBL)
to Sta. 219+57.5 (WBL), a strip 77.3 feet to 40.0 feet wide, North side; From Sta. 219+57.5(WBL)to Sta.
220+25(WBL),a strip 40.0 feet to 40.8 feet wide, North side; From Sta. 220+25(WBL)to Sta. 220+71±PL
(WBL),a strip 40.8 feet to 36.4 feet wide, North side; as measured from centerline of proposed highway,
as shown on project plans.
Said Temporary Easement shall terminate upon completion of this highway project.
16. It is understood and agreed that should any monitoring wells owned by Seller on the above described
land be eliminated or disturbed,the Buyer shall plug and abandon said wells. In addition to the lump sum
of payments shown above in this agreement,Buyer agrees to reimburse Seller the actual and reasonable
costs of replacing said wells, if replacement is required, to comply with the terms of any law, rule or
administrative order. The replacement of said wells shall be accomplished under the direction of the Iowa
Department of Natural Resources. Reimbursement will be made upon Seller providing Buyer with itemized
bills and receipts for the replacement of the wells.
This site was previously used as a service station site and there may be some environmental
contamination on or nearby the premises. Seller has a remediation plan regarding prior environmental
contamination and there are monitoring wells located on the premises. Buyer acknowledges the
remediation plan and will take appropriate measures to inform any and all agents,contractors,and public
utilities as to the plan. Excavation, removal, transport, disposal or other disturbance of contaminated
soils or monitoring wells shall be done in accordance with applicable law.
Sta. means station
±PL means plus or minus property line
WBL means West Bound Lane
01 - 04779 (a)
r -
Page 3
PARCEL NO. 9 COUNTY STORY
PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way (U.S. 69)
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,we the
undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
Kerr-McGee Refining Corporation
P.O. Box 25861
Oklahoma City, OK 73125 �
By. [ By.
Name: c
/ an B. Wallace Nam :Don Hager
Title: Vice President Title: Assistant Secretat " r
FORM
164DO1
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER.
_INDIVIDUAL
STATE OF Oklahoma } CORPORATE
COUNTY OF Oklahoma }ss: Title(s)of Corporate Officer(s):
On this__23-day of March A.D. 20 of , before
me, the undersigned, a Notary Public in and for said State, personally appeared aX_Corporate Seal is affixed
_No Corporate Seal procured
_PARTNER(s): _Limited Partnership
General Partnership
xx to me personally known _ATTORNEY-IN-FACT
or proved to me on the basis of satisfactory evidence _EXECUTOR(s)or TRUSTEE(s)
_GUARDIAN(s)or CONSERVATOR(s)
to be the person(s)whose name(s) is/are subscribed to the within instrument and _OTHER:
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument SIGNER IS REPRESENTING :
the person(s), or the entity upon behalf of which the person(s)acted, executed List name(s)of person(s)or entity(ies)
the instrument.
EA V, ign in Ink)
SEAL � .U
M P
State of C71t1� a tipe me)
My comlx the State of
���ie�a�en�e,�tf�
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF STORY: ss
On this t ? day of M 6LQc k , 20 efore me, the undersigned,a Notary Public in and for said
State, personally appeared r2 eSc and V i c>..r\e 0-S S ,to me personally known,who, being
by me duly sworn, did say that they are the Mayor and City Clerk,respectively,of the City of Ames, Iowa;that the seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its CityCoupcil, as contained in Resol . on No.O/-af adopted by the City Council on the
A�ZL day of ati n2 J, and that T2[i2SCn and id/k_, _ S S acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, y it voluntarily executed.
Notary Public in and for ttte$ 't of rannra',
BUYER'S APPROVAL `3' m f «
tommend by: Proje a (Da(e) 4
,,,.•{.-
: f
Approved by: Mayor of the City of Ames, Iowa (Date) ' ...
City Clerk of the City of Ames, Iowa (Date)
01 - 04 779 (3)
° IOWA DEPARTMENT OF TRANSPORTATION '14009+^
ACQUISITION PLAT
EXHIBIT "A" ,
COUNTY STORY STATE CONTROL NO. 85-0100
PROJECT NO. STPN- 69-5( 74 )--2J-85 PARCEL NO. 9
SECTION 2 TOWNSHIP 83N RANGE 24W
ROW - FEE AC, EASE 923 SO. FT. , QUIT CLAIM AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE
ACQUIRED FROM
CITY OF AMES9 IOWA
ACQUISITION
LOT 2 182 SO. FT. 1.00,
LOT 3 741 SO. FT. ST STREET
TOTAL 923 SO. FT. GILCRE
ORIG. W. LINE ST.
F— FD.1/z" RER00
LLJ W/CAP u 6586
W
Vl M BLOCK 48 N w ZO
V)
O H
w o Q F—
CIf
00
J J 0 O
3 3 0 3 Q
M
°° + z 2 Om=
1`- - �-•O!-
+ N w E--
m Q •-
O N Q N
0 50 25
w M Q x
r— M N
F- J
SCALE IN FEET �`' a 'qt m
P = PLATTED DIMENSIONS o CC)
3 M
Z 3 O
V1
FDNAPLK. S86.44�02" 131 $ <
31'
SW COR LOT 3 ........
... N89*49*1g"M 131.S9. .•.... pI StaLL220+61,�7 NE
FD. "X' SE COfj W 40' LOT a3°0734.54 L)t. No Curve
M F0 ;{ RE-ROD SOT Ste 220+60.68
T BOUND LANE N87°49 25 E S86°44'09"E CAPYUL6586
WES (L• Way Su".)
----------------Kr.T-LPN*-LIK-------------------
AST BOUND LANE
LINCOLN WAY ( US 69 )
M
PI Stbe 221+10j50 (O.R. L. May ESL) Sac
4
P.I. STA. 219+24.23 = POT Sta 221+0q.57 (L. Way Survey) Ahd.
0 = 5. 26' 26.13" (RT)
D = 11° 00' 00.00"
T = 24.75'
L - 49.46'
E = 0.59'
R = 520.87'
Q) �� I hereby certify that this Land surveying document was
y prepared by me or under my direct personal supervision.
and that I am a duly Licensed Land Surveyor under the
1 1556 laws of the State Iowa.
I D w P J R. Popelka LI No. 11556 Date
19N� S U RN Ey�� y license renewal date Is December 31, 2000.
1111 DRAWN IO° 5i18i2000 A � � n 7 (4)
REVISED 11-09-2000 GCJ O1 - O4
IOWA DEPARTMENT OF TRANSPORTATIONS'
ACQUISITION PLAT ,~
EXHIBIT "A" Ink
COUNTY STORY STATE CONTROL NO. 85-0100
PROJECT NO. STPN— 69-5( 74 )--2J-85 PARCEL NO. 9
SECTION 2 TOWNSHIP 83N RANGE 24W
ROW - FEE AC, EASE 198 SO. FT. , QUIT CLAIM AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE
ACQUIRED FROM
ACQUIRED IN THE NAME OF THE CITY OF AMES, IOWA
1 .00'4�
ORIG. W. LINE S .
FD. 1�2' REROD
W/CAP # 6586
CITY OF AMES , IOWA
w
w
N Z
N � Z
W J
M 3 M 0 20
J + "I 0 10
m
N } w BLOCK 48
J
N w J SCALE IN FEET
P = PLATTED DIMENSIONS
c~n 3
X
w S87.46'43"E 5.75'
rn 69' STA 219+42
ti
o CO4TH ADDITION TO AMES
OR
W W BLAIR ' S 4TH ADDITION
N :
~ N \ O
M .^ N
36.90' STA 219+44
0 0
FD. z cn
PK NA I L PROPOSED ROW L►NE
N86.44'02"W 6.62'
31 ' 91 .70'P
N00.12'14"E 10.56' EXIST. N'LY R/W LINE
SW COR LOT 3
FD. "X" LINCOLN WAY (US 69 ) M
WEST BOUND LANE S86°44'09"E
SECTION LINE
P. I . STA. 219+24.23 PO
Q= 5° 26' 26. 1 3" (RT) R pF I hereby certify that this Land surveying document was
D = 1 1° 00' 00.00" �`Z` �� prepared by me or under m on y direct personal supervision,
T = 24.75' y and that I am a duly Licensed Land Strveyor under the
L = 49.46' laws of the State Iowa.
E = o.59' 1 1556
R = 59 ' 11,3106
/ Q W a n R. Popeika Li . No. 11556 ata
y license renewal date is December 31, 2DDO.
DATE DRAWN °° 5/18/2000 19N0 SURVEyO`�
REVISED 11-09-2000 GCJ 01 _ 04 7 7 9 C5\