HomeMy WebLinkAboutA001 - FMSAutoLoad: 5/13/2013 12:06:36 PM 01 - 07449
INST.N0. --- — ,G
RETURN TO: .II^° STORY COUNTY,IOWA V�
r FILED FOR RECORD
AMES CITY CLERK J U N 12 2001 PM
BOX 811
AMES IOWA 50010 SUSAN L VANDE KAMP,RnordersNA4--
No.FEE$.3�o-_0_0AUD.FEE$ �..-
Prepared by:Gene M.Asklof,Graham Land Acquisition Associates,Inc.,1715 South G Ave.,Nevada,IA 60201 (615)382-1698
For:City of Ames Public Works Department,Administration Building,616 Clark Ave.,Ames,IA 60010 (516)239-6160
Pagel
PARTIAL ACQUISITION CONTRACT
PARCEL NO. 2 COUNTY STORY
PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69)
SELLER: (Contract Purchaser) Steve Decker, single
(Fee Owners) JoAnn Sorenson Bames, single
Lynn Barnes, single
Guy F. Barnes and Wendy Barnes, his wife
!20THIS AGREEMENT made and entered into this 1d L day of 14RY , 20d% , 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 5 in Block 2 of College Park Addition to Ames ,
County of Story ,State of Iowa,and more particularly described on Page 7 , including the following
buildings, improvements and other property:
Land and miscellaneous landscapin0
SELLER ALSO AGREES le con Vey to Buyer as follows a" of Selle0s rights of direct access to I lighway
excepting and rese i tr the right of aecess at the following leeatiens:
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.
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
$ 2,200.00 on possession and conveyance 60 days after Buyer approval
$ 2,200.00 TOTAL LUMP SUM
Breakdown Ac./SQ.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 104 sq. ft.
Temporary Easement 384 sq. ft.
4. Each page and each attachment is by this reference made a part hereof and the entire agreement consists
of 7 pages.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER --ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 2 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:
First American Bank 520 Grand Avenue Ames Iowa 50010
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,615 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.
S. 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
13. Buyer agrees to construct a Type"B"entrance at Sta. 209+17.50(WBL), North side and a Joint Type"B"
Entrance at Sta. 209+82.60(WBL), North side.
It is understood and agreed that the existing entrance at Sta.209+11,North side,the existing entrance at
Sta. 209+71, North side, and all other entrances not listed or allowed in this contract will be eliminated.
14. Buyer is granted a Temporary Easement,described as follows,on Seller's property for the purpose of saw
cutting and for shaping:
From Sta. 208+65tPL(WBL)to Sta. 208+90(WBL),a strip 56.0 feet to 37.0 feet wide, North side;
From Sta. 208+90(WBL)to Sta. 209+85tPL(WBL), a strip 37.0 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.
15. It is the intent of this agreement to acquire all trees, shrubs, landscaping, surfacing and any other
improvements attached to the premises sought and described herein.
16. It is understood and agreed that it is Seller's direction that proceeds from this acquisition be made
payable on a single check to Steve Decker and JoAnn Sorenson Barnes only. The remaining Sellers,Lynn
Barnes and Guy Barnes,waive any portion of the compensation that may be allocated to their interest.
Sta. means station
tPL means plus or minus property line
WBL means West Bound Lane
0
1 - 07449 �Z�
Page 3
PARCEL NO. 2 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.
X 4 X
Steve 13ecker
1008 2nd St.
Ames, IA 50010
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
!INDIVIDUAL
STATE OF Te.•...a } _CORPORATE
COUNTY OF }ss: Title(s)of Corporate Officer(s):
On this 3 day of A.D. 20 of before
me, the and rsigned, a Notary Public in And for said State, personally appeared _Corporate Seal is affixed
No Corporate Seal procured
_PARTNER(s): _Limited Partnership
_General Partnership
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/awsubscribed to the within instrument and _OTHER:
acknowledged to me that he/s#teithey 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 pers n(s)acted, executed List name(s)of person(s)or entity(ies)
the instrument.
(Sign in Ink)
a
pe Name)
Notary Public in and for the State of
REJAY P.WALTON
BUYER'S ACKNOWLEDGMENT . 7•uo
STATE OF IOWA, COUNTY OF STORY: ss
On this oC l44, day of M 200( , before me,the u dersigned, a Notary Public in and for said
State, personally appeared T-e-d-Tezl escv and ,�D 0*1& R • VO-'rS ,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 City Council, as Vontained in Resolution NcP.'-031 adopted by the City Council on the
a3 day of 0-0. 1POVI , and that I P� '-reACSC.D and .Dfb-vyC,a5S acknowledged the execution
of the 1nstrume to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Notary Public in and for the State of Iowa
BUYER'S APPROVAL
ommen 4�project t (Date)
17, w
(/ '�'�
App a ved by yor of thergty.of Ames, Iowa (Date)
t;
. r.
City Clerk of the City of Ames, Iowa (Date)
01
01 - 07449 3
Page 4
PARCEL NO. 2 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.
X .� X 3d f
Jo Sorenson Bames
12872 Hillcrest Dr.
Story City, IA 50248
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
STATE OF } _CORPORATE
COUNTY OFToe ss: Title(s)of Corporate Officer(s):
On this�day of h , A.D. 20 0/ , before
me, the undersigned, a Notary Public in and or said SJ', personally appeared Corporate Seal is affixed
�D nh �h - reh50hYhap S _No Corporate Seal procured
PARTNER(s): _Limited Partnership
_General Partnership
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.
^ �la'.Lo _2�ign in Ink)
(Print/Type Name)
Notary Public in and for the State of
1 AUTW4,2W3
01 �`�"
Page 5
PARCEL NO. 2 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.
X X
Lyn James
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF 1,GL Z-/�c•Zs } _CORPORATE
COUNTY OF C6o/4 }ss: Title(s)of Corporate Officer(s):
On this M day of -JCqg4t g/-y A.D. 20 O before
me, the unders' ned, a Notary Public in and for said State, personally appeared _Corporate Seal is affixed
�VAn 7�+�np5 _No Corporate Seal procured
—PARTNER(s): _Limited Partnership
_General Partnership
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/shetthey executed the same in his/herttheir
authorized capacity(ies), and that by his/herttheir 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.
(Sign in Ink)
4, f
(Print/Type Name)
Notary Public in and for the State of =L SNd S
OFFICIAL SEAL
THOMAS AUSTIN HcOHLT.'
NOTARY PUBLIC;STATE OF ILLIPM-
' My COMMISSION EXPIRCk s:06/1,1,,:
"1 ..;*sa'•ryas ur.a,M
01 - 07449 �5�
Page 6
PARCEL NO. 2 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.
X X
s
Guy F arnes Weldy Barnes
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF } _CORPORATE
COUNTY OF }ss: Title(s)of Corporate Officer(s):
On this day of -TAA1 , A.D. 20 0 before
mee+ the undersigned, a Notary Public in and for said State, personally appeared _Corporate Seal is affixed
U Gy 'C. '8.4'eMES 9Nb /,yEX/�r/ ,By,Q;t/ES _No Corporate Seal procured
PARTNER(s): _Limited Partnership
General Partnership
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)+9fare subscribed to the within instrument and _OTHER:
acknowledged to me that hefshe/they executed the same in hi5fher/their
authorized capacity(ies), and that by his4w 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. -4�:2 ' �� (Sign in Ink)
ooeer In- RomA s
(Print/Type Name)
Notary Public in and for the State of el i9
ROBERT M. THOMAS
c COMM,i 1149725
F. �► NOTARY PUgue-=FORNA o
LOS AWaB COWN
My Comm.Exp.Aug.22,2W
0
1 - 0 7 4 4 9 �'��-
IOWA DEPARTMENT OF TRANSPORTATION i1%M "'%�
ACQUISITION PLAT "
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STPN- 69-5( 74 )--2J-85 PARCEL NO. 2
SECTION 3 TOWNSHIP 83N RANGE 24W
ROW - FEE AC, EASE 104 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 1N THE NAME OF THE CITY OF AMES, IOWA
1 CITY OF AMES91IOWA
SW COR LOT 4
, F0."2' BOLT
N -
,o SET 60d SPIKE
ABOVE
BLOCK 2
0 20
10 T 10N
SCALE IN FEET PAR
K ADD 1
P = PLATTED DIMENSIONS
a a
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Ln Q v co
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rn N L N
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Q'1 J J • 1+1 �
3 3 co 3 3 O Ln ~
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N
N00.54'02"W m
11 . 8 / 3
66' 60'P 60'P
S. LINE S. LINE
LOT 5 LOT 6
F D COR PIPE S89.27'50"W
34. 73' LT OF 21 .81 ' SE CO LOT 6
STA. 208+64. 19 rn FD. X"
35.OS' LT OF
STA. 209+85. 11
SECTION LINE
WEST BOUND LANE N89° 37' 10"E LINCOLN WAY
P 0,0 I hereby certify that this Land surveying document was
O prepared by me or under my direct personal supervision.
y and ihot I am a duly Licensed Land Surveyor under the
11556
laws of the State of wo.
J R.�Pwopelko Lic. No. 11556 ate
0 W F ^1�license renewal ate Is 6ecenber 31, 2000.
DATE DRAWN JAA 5/16/2000 lgNO SUR`I�yO� G
REVISED 11-08-2000 GCJ 0 1 0 7 4 4 9 `��