HomeMy WebLinkAboutA001 - Partial Acquisition Contract M INST.NO.
01 - 04779`,
STORY COUNTY,IOWA
D
G FILED FOR RECORD
APR 2 5 2001 PM
SUSAN L.VANDE KAMP,Reco"A
REC.FEE$RkJW AUD.FEE$
Prepared by:Gene M.Asklof,Graham Land Acquisition Associates,Inc.,1716 South G Ave.,Nevada,IA 60201 (616)392-1698
For:City of Ames Public Works Department,Administration Building,615 Clark Ave.,Ames,IA 50010 (616)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 AL-60 AGREES to eenvey to Buyer as follows ell of Sellees of direet aceess to 0 lighway
excepting and rese the right of aceess at the following leeations:
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 terns 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 Buyer'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 60010,
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 Sellerand 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 granted a Temporary Easement,described as follows,on Seller's property for the purpose of saw
cutting and for the purpose of saw cutting and for the purpose of shaping: From Sta.219+37±PL(WBL)
to Sta. 219+67.5(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 - 04 779 Ca)
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
4
By: By:
Name: can B. Wallace Nam :Don HagerY Hx n r a
Title: ice President Title: Assistant SiFoRM
4P41
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER "" ..
_INDIVIDUAL
STATE OF Oklahoma } CORPORATE
COUNTY OF Oklahoma }ss: Title(s)of Corporate Officer(s):
On this_2,3_day of March A.D. 20 of , before
me, the undersigned, a Notary Public in and for said State, personally appeared y_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.
r�OA�9 EA t in Ink)
SEAL
`•.A� gyp; State of � a Pe me)
B�•• My the State of
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF STORY: ss
On this off? -day of M Cl Cry , 20 efore me, the undersigned, a Notary Public in and for said
State, personally appeared n QS and �a n.e UO 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
noaf the corporation, by authority of its City
Council, as contained in Resol�(on No.D/Gd3�adopted by the City Council on the
�,��day of c�.�n2OD/, and that ToA�SCo and I J �/i-e �5 5 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.
ddV a a;•h
Notary Public in and for tFte Siof Iowa
BUYER'S APPROVAL b "
ti x
/ IF"�v e 3t ry•ig��y.S kt�`t aty#�
R ommend d by: Proje a (Da e) C1
Approved by: Mayor of the City of Ames, Iowa (Date)
-a 7 -0
City Clerk of the City of Ames, Iowa (Date)
01 - 04 779 (3)
IOWA DEPARTMENT OF TRANSPORTATION
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. G1�CREST STREET
TOTAL 923 SO. FT.
OR1G. W. LINE ST.
F— FD.112" REROD.
LLJ W/CAP tt 6586
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FD. P.K. .• S86.44'c 131.8 '-
NAIL
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PI S'L 1,.20+61.pg7
SW COR LOT 3 SE COFj IY 40' LOT (oGR3.07 3�Y54"L)t. No Curve
FD. X' fD. W 40' LO
WEST BOUND LANE 187.49'25'E 586°gq'09"E IY/2- RE-ROO WO wa S2�.66
CAP tt 6586
AST BOUND LANE
LINCOLN WAY ( US 69 )
PI Stye 221*IOj50 (O.R. L. Way ESL) Bar
P.I. STA. 219+24.23 POT Sta 221+09.57 (L. Way Survey) Ahd.
6 = 5. 26' 26.13" (RT)
D = 11' 00' 00.00"
T = 24.75'
L - 49.46'
E = 0.59'
R = 520.87'
R • Pip
(Z) I hereby certify that this Land surveying documnt was
7 y prepared by me or under my direct personal supervision.
aid that I am a duly Licensed Land Surveyor under the
1 1556 laws of the State of Iowa.
/! 1.3
W A J R. Popelka LI No. 11556�s e P,:�,V)OdL- Date
l�N� S U R`I EA�Q Y lice nse renewa I date Is December 31. 2000.
DATE DRAWN JO° 5/18/2000 REVISED 11-09-2000 GCJ 0 1 " 04 7 7 9 (4)
IOWA DEPARTMENT OF TRANSPORTATION 43PM '"�,,
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 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'-3111
ORIG. W. LINE ST.
FD. REROD
W/CAP # 6586
Z'
CITY OF AMES , IOWA
W
W
F- N W
N a
W ,
rh 3 0 20
J + O 10
Q� Cr
N r w BLOCK 48
a -J Z
SCALE IN FEET
N
P = PLATTED DIMENSIONS
m 3 3
x
w S87.46'43"E 5.75'
69' STA 219+42
rn r-
4TH ADDITION TO AMES
N N N OR
f W BLAIR ' S 4TH ADDITION
N ,A
ti N O\
M N
• 36.90' STA 219+44
o � 0
FD. z N
PK NA I L N86. POP06E ' R
44'0 6 WE
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 P
Q= 5° 26' 26. 1 3" (RT) OpF I hereby certify that this Land surveying doament was
D = 1 1" 00' 00.00" prepared by me or under my direct personal supervision.
T = 24.7 5' �y and that I am a duly Licensed Land Surveyor under the
L = 49.46' laws of the State oflowa.
E = 0.59' 11556
R = 520.87' e 11,3106
n R. Popeika Lt . No. 11556 ata
/ Q W a y license renewal date is Decerrber 31, 2000.
DATE DRAWN Jaa 5/18/2000 IgNO SURVOO�
REVISED 11-09-2000 GCJ 0
1 -
04
7 7 9 (5)