HomeMy WebLinkAboutA001 - Partial Acquisition Contract x 01 - 07442
INST.NO.
' RETURN TO: STONY COUNTY IOWA
FILED FORRECORDaBO% 811 AMES CITY CLERK MJ'-b�
I JUN 12 2001 PM AHES IOWA 50010 SUSAN L VANDE KAMP,Recorder 5
IM.FEE Qk—DAUD.FEE
Prepared by:Gene M.Asklof,Graham Land Acquisition Associates,Inc.,1715 South G Ave.,Nevada,IA 50201 (515)382-1698
For:City of Ames Public Works Department,Administration Building,515 Clark Ave.,Ames,IA 50010 (515)239-5160
Page 1
PARTIAL ACQUISITION CONTRACT
PARCEL NO. 7 COUNTY STORY
PROJECT NO. STPN-69-5(74)-2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69)
SELLER: Doolittle Oil Company, Inc.
TENANT: Long John Silver's, Inc.
THIS AGREEMENT made and entered into this T day of , 200/ , 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:
Parcel'D'in the SW%of the SW%of Section 2,Township 83 North, Range 24 West of the 5th P.M.,City of Ames.
County of Story , State of Iowa, and more particularly described on Page 6 & 7 , including the
following buildings, improvements and other property:
Land, site improvements and surfacing
SELLER ALSO AGREES to eonvey to Buyer as follows all of Sellees rights of direct access to
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.
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
$ 29,000.00 on possession and conveyance 60 days after Buyer approval
$ 29,000.00 TOTAL LUMP SUM
Breakdown Ac./Sg.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 1,182 sq. ft. State of Iowa
Permanent Easement 200 sg. ft. City of Ames
Temporary Easement 1,049 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. 7 COUNTY STORY
PROJECT NO. STPN-69-5(74)-2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69)
S. SELLER WARRANTS that there are no tenants on the premises holding under lease except:
LONG JOHN SILVER'S, INC.
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:
THE PROVIDENT BANK, ONE EAST FOURTH STREET, 216A, CINCINNATI, OHIO 45202
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 Sellers 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 Sellers 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.
13. Buyer agrees to construct a Joint Type"B" Entrance at Sta. 217+67.50(WBL), North side and a Type"B"
Entrance at Sta. 218+68.70(WBL), North side.
It is understood and agreed that the existing entrance at Sta. 217+65, North side,the existing entrance at
Sta. 218+72, 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 Sellers property forthe purpose of saw
cutting and for the purpose of saw cutting:
From Sta. 217+68±PL (WBL)to Sta. 218+84(WBL), a strip 42.0 feet wide, North side;
From Sta. 218+84(WBL)to Sta. 219+02.3 (WBL), a strip 42.0 feet to 77.4 feet wide, North side;
From Sta. 219+02.3 (WBL)to Sta. 219+10tPL(WBL), a strip 77.4 feet to 77.1 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.
01 - 07442 ( z.)
Page 3
PARCEL NO. 7 COUNTY STORY
PROJECT NO. STPN-69-5(74)-2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69)
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 Seller will release and abandon that portion of Seller's perpetual, non-
exclusive easement for access described in a certain Easements document as Clause 4(b) on Page 4
recorded in the Office of the Story County Recorder on June 11, 1996 in Instrument No. 96-05642 lying
within the following described premises:
A strip of land 10 feet wide located across that part of Lot 1 of the Grand Junction Subdivision of the SW/4
of the SW/. of Section 2, T83N, R24W of the 5th P.M. in the City of Ames, Story County, Iowa, more
particularly described as follows:
Commencing at the Southwest Quarter of said Section 2;thence S90*00'00"E,98.06 feet along the South
line of the Southwest Quarter of said Section 2;thence N00°00'00"E, 33.00 feet to the Northerly right-of-
way line of Lincoln Way to the Point of Beginning;thence S90000'00"E,298.01 feet;thence N00°00'00"W,
10.00 feet; thence N90000'00"W, 314.31 feet; thence S58020'13"E, 19.12 feet to the Point of Beginning.
AND
A parcel of land in Parcel 'F' now known as Lot 1 of the Grand Junction Subdivision of the SW/+of the
SW/. of Section 2, Township 83 North, Range 24 West of the Fifth Principal Meridian, included in and
forming a part of the City of Ames, Story County, Iowa, described as follows:
Commencing at the SW corner of said Section 2; thence S89049'15"E,81.15 feet along the South line of
said SWA;thence N00010'45"E,43.00 feet to a point on the Northerly right of way line of Lincoln Way(US
69) and the Point of Beginning; thence S89049'15"E, 251.75 feet along said right of way line; thence
NO2°10'35"E, 2.38 feet; thence N89°54'00"W, 80.56 feet; thence N02010'35"W, 1.00 feet; thence
N890 18'50"W,2.00 feet;thence S020 10'35"E, 1.00 feet;thence N89059'12"W, 172.05 feet to a point on said
right of way line; thence S58040'32"E, 3.46 feet along said right of way line to the Point of Beginning,
containing 542 Square Feet.
It is understood and agreed that Seller's perpetual,non-exclusive easement for access will continue over
the remaining portion of said easements document and remains in full force and effect.
Sta. means station
#PL means plus or minus property line
WBL means West Bound Lane
01 - 07442 ( 3)
Page 4
PARCEL NO. 7 COUNTY STORY
PROJECT NO. STPN-69-5(74)-2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69)
SELLERS SIGNATURE AND CLAIMANTS 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.
DOOLITTLE OIL COMPANY, INC.
Box 151
Webster City, IA 50595
By: � ��� By:
Name: �o�J ���,rTl� Name:
Title: ems;d� T Title:
��3 r A
Sr
V o � .a^_ • v ye
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
-�— _INDIVIDUAL
STATE OF �.�- 3A } CORPORATE
COUNTY OF A.n /tom }ss: Titl3-6
)of Corporate Officer(s):
ti i CP 1
On this l0''- day of :yA'J"-'4 A.D. 20 o, before
me, the undersigned, a Notary Public in a d for said State, personally appeared Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s):_Limited Partnership
_General Partnership
, Y,_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. 4pcL, Of- 1.0C,
(Sign in Ink)
(Print/Type Name) _
�a SAlIdX9 VM91a19NT
nd for the State of Jo ,q
onend d0 AHVION
3sltnew Hllanr r,�;„��
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA,COUNTY OF STORY: ss
h
On this o`lg4 day of ,200 j , before me,the undersigned,a Notary Public in and for said
State, personally appeareG�rt eSGO and ( �Ti UoSS ,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 thle corporation, by authority of its City Council,as c ntained in Resolution NoOl-03`�adopted by the City Council on the
l day of 0-n. �01, and that -feJCS o and TJ t0.✓I�f�. %)ss acknowledged the execution
of the instrume to be theirvoluntary 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
Z �
• ce
ecommen a y: Proje gent (Date)
Appr ..ed by: ayor of the,City of Ames,Iowa (Date)
5-ag -01
City Clerk of the City of Ames, Iowa (Date)
01 - 07442 (4)
Page 5
• i
PARCEL NO. 7 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.
LONG JOHN SILVER'S, INC.
P.O. Box 11988
Lexington, KY 40579
By: By:
Name: Name:
Title: Title:
FORREST W. RAGSDALE, III
SENIOR VICE PRESIDENT
GENERAL COUNSEL AND SECRETARY
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
1/ INDIVIDUAL
STATE OF K } XX CORPORATE
COUNTY OF }ss: Title(s)of Corporate Officer(s):
SENIOR. VICE PRESIDENT
On this ra day of — A.D.20 QL—, before
me, the undersigned, a Notary Public in a for or said State, personally appeared XXX Corporate Seal is affixed
F�rrr a d S M le �� _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 perp6o(s), or the entity upon behalf of which the person(s)acted, executed List name(s)of erson s)or (ies)
the ins 1460nt.
• � 'y° (Sign in Ink)
Ai (Print/Type Name) . "
Public in and for the State of
nr
01 - 07442 Cs)
" I OWA DEPARTMENT OF TRANSPORTATION ��"�`""�4
. ACOUIS1TlON PLAT
EXHIBIT "A" `
COUNTY STORY STATE CONTROL NO. 85-0100
PROJECT NO. STPN— 69-5( 74 )--2J-85 PARCEL NO. 7
SECTION 2 TOWNSHIP 83N RANGE 24W
ROW - FEE AC, EASE 19182 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
N
CITY OF AME S . I OWA
1.00'�
OR►G. W. LINE 5T.
FD. t" REROD
0 50 W/CAP u 6586
25
31'
1—
SCALE IN FEET ? w
P = PLATTED DIMENSION PWC45WI1 S a W O
0- SEC 1j 2-g3-24 `� In Q H
BLOCK 48 _.
Mcc03 N O o
u, Q 0; U Q
o a °w =' 3 O _
O Il--
N W
V Qct
Q
F Q N I�
to
a 0
Z M W Q
co J ...
M J = Q
00
3 Q' m
S00.10'45"w - z
5.96'
•' S88 15 50 w 141.96' �'�••••••
31'
EXIST. N'LY R/W LINE .........S89*49'15"E 141.88' . .
SE COR. f '. N00'12'14"E
PARCEL 'D' 33.00'
FD.AIL P.K. I P. I. STA, 219+24.23
N
� ANE N87 49'2`+"F S86 44 O9"E
---—-—-—-—-—-—-—-— —
••........ ....••• —26W.Wi'7UR-TQ-6� r-
.....................589.49'15"E 537.58'.............
L I NCO1_N WAY ( US 69 ) SIB COR. SEC. 2-83-24
en FD. NAIL
SW COR. SEC. 2-83-24
FD. LEAD PLUG 4" DEEP o = 5• 26' 26.13 \ (RT)
SET HINGE NAIL ABOVE D = 11• 00' 00.00"
24.75
6.19' LT OF STA 213+70.17 L = 46 T = 49.46'
'
R = 520987'
P OpF I hereby certify that this Land surveying document was
O �� prepared by me or under rtry direct personal supervision,
and that I am a duly Licensed Land Surveyor under the
laws of the State f Iowa.
1 1 556 !/ /3 00
J n R. Popelko c. No. 11556 Dote
0 W P y license rene I date is Decertber 31. 2000.
IgNO SURN�-y��
DATE DRAWN jAA 5/16/2000 p 1 - 0 '7 4 4 2
REVISED 11-09-2000 GCJ
IOWA DEPARTMENT OF TRANSPORTATION 7°"
Y•l���
ACDUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO. 85-0100
PROJECT NO. STPN- 69-5( 74 )--2J-85 PARCEL NO. 7
SECTION 2 TOWNSHIP 83N RANGE 24W
ROW - FEE AC, EASE 200 SO. FT. , QUIT CLAIM AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACOUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE
ACOUIRED FROM
ACQUIRED IN THE NAME OF THE CITY OF AMES. IOWA
1 .00'->�
CITY OF AMES • IOWA � n IFD. 2" RERODST.
} c; W/CAP # 6586
J W
LiJ Z
a m
J
F 3 lV
o N \ Q
° x o �-
Dr W N
p4RCEL
SW1�4 SW,/4 2A
SEC. 2-83" S88.40'50"W 5.15, on N Z
3 LI O
STA 219+05 W Q
_ °O O 0
0 20 N ,� w ~ Q
10 ao
Nl N a) Cr Q Z
3r N1 N to O Ix _
SCALE IN FEET v a N v0 O v
P = PLATTED DIMENSION N J
C N U co
0 N
STA 219+02 P M Q
z m
3 = Q
PROPOSED ROW LINE F— J
N •1 7. 7' 4 00
31 '
141.88'P
EXIST: N'LY R/W LINE N00.12'14"E 10.71
SE COR.
PARCEL 'D'
FD. P.K. I
_ I
M NAIL _: N000 12' 14"E
I 33.00'
I219+24.23
I
WEST BOUND LANE N87°49'25"E I :
LEC.
------ — — — — — — — — —,L---------------------1�--•- S89°49' 15"E 537.58' ....... 2650.41 ' COR. TO COR. \'ILINCOLN WAY (US 69 )
r,
2-83-24 Sl'4COR. SEC. 2-83-24
FD, LEAD PLUG 4" DEEP FD. NAIL
SET HINGE NAIL ABOVE
P. I . STA. 219+24.23
A= 5° 26' 26. 13" (RT )
D = 11° 00' 00.00"
T = 24.75'
L = 49.46'
E = 0.59'
R = 520.87' P opt. I hereby certify that this Land surveying document was
prepared by me or under my direct personal supervision.
y and that I am a duly Licensed Land Surveyor under the
lows of the State la".
11556 X4
/! .3
R. Popelko Li No. 11556 gote
j O° 5/12/2000 '14 0 W A license renewal date is December 31, 2000.
DATE DRAWN ,ya StlaN�-�o�
REVISED 11-09-2000 GO 0 1 - 0 7 4 4 2 M)