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Home My WebLink About~Master - Temporary - ISU Credit Union - Lot 8 and Lot 9, Block 2, College Park Addition � e No01 - 0 2 7 2 8 INST. RETURN TO: STORY COUNTY,IOWA AMES CITY CLEW V FILED FOR RECORD BOX 811 MAR 0 9 2001 PM AMES IOWA 50010 S� SUSAN L.VAN,,D�rE""KAMP,Recorder Mo.FEE$ ��"�rAUD.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 TEMPORARY EASEMENT CONTRACT PARCEL NO. 4 COUNTY STORY PROJECT NO. STPN-69-5(74)-2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69) SELLER: ISU Community Credit Union f/k/a ISU Credit Union THIS AGREEMENT made and entered into this,L day of Ina rch , 20�J, by and between Seller and the City of Ames, Iowa, a municipal corporation, Buyer. 1. SELLER GRANTS to Buyer a temporary easement upon Seller's real estate, hereinafter referred to as the premises,situated in parts of the following: Lot 8 and Lot 9, Block 2, College Park Addition to Ames County of STORY, State of Iowa, and more particularly described on Page 2 , for the purpose o on 'and descr*bed as: measured F o We ce -tertene of the 5roposed highway and as shown on the project pie -9 Fe saidhighway tmprevemef-h The premises also includes all estates,rights,title and interests,including all easements, and all advertising devises and the right to erect such devises as are located thereon,and the following buildings, improvements and other property: Land and site improvements 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 SELLER GRANTS Buyer immediate possession of the premises. 3. Buyer agrees to pay Seller the Total Lump Sum of$900.00 on or before 60 days after Buyer Approval. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as payees on warrants as contract payment. 4. SELLER WARRANTS there are no tenants on the premises holding under lease except: 1`Io�JC 5. It is agreed that the right of temporary easement granted by this contract shall terminate upon the completion of this highway project. 6. This contract shall apply to and bind the legal successors in interest of Seller and SELLER AGREES to warrant good and sufficient title. Names and addresses of Lienholders are: NONE 7. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 3 pages. DISTRIBUTION: TWO COPIES RETURNED TO BUYER--ONE COPY RETAINED BY SELLER t ' • Page 2 PARCEL NO. 4 COUNTY STORY PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave,/Lincoln Way (U.S. 69) SELLER: ISU Community Credit Union f/k/a ISU Credit Union 8. If this contract is recorded, 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. 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. 9. Buyer agrees that any drain the which are located within the premises and are damaged by highway construction shall be repaired at no expense to Seller. Where Buyer specifically agrees to construct and maintain fence,the fence shall be constructed and maintained for vehicle access control purposes only at no expense to Seller. Buyer shall have the right of entry upon Seller's remaining property along the right of way line, if necessary, for the purpose of connecting said drain tile and constructing and maintaining said fence. Seller may pasture against said fence at his own risk. Buyer will not be liable for fencing private property or maintaining the same to restrain livestock. 10. 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. 11. 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. 12. 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. 13. 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. 14. Buyer agrees to construct a Type"B" Entrance at Sta. 210+67.10(WBL), North side. It is understood and agreed that the existing entrance at Sta. 210+64, North side,and all other entrances not listed or allowed in this contract will be eliminated. 16. Buyer is granted a Temporary Easement,described as follows,on Seller's property for the purpose of saw cutting and for shaping: From Sta. 210+46±PL(WBL)to Sta. 211+30±PL(WBL), a strip 42.0 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. 16. Seller requests that Buyer shall construct only one half of the entrance to the property at a time, leaving the remaining half open for customer access. Sta. means station ±PL means plus or minus property line 01 - 0272a(a Page 3 PARCEL NO. 4 COUNTY STORY PROJECT NO. STPN-69-5(74)--2J-85 ROAD NO. Grand Ave./Lincoln Way(U.S. 69) SELLER: ISU Community Credit Union f/k/a ISU Credit Union 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. ISU COMMUNITY CREDIT UNION 801 Lincoln Way Ames, IAI;7,,, By: By: Name: V VName: S ell Title: Title: �, �VA— ALL PURPOSE ACKNO EDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF ---CORPORATE COUNTY OF ss: Titl s)of Corporate Officer(s): On this Z--day of 4Jtc t4-,6 L✓ A.D. 20 Cc before k me, the unoersigned, a Notary Public in and for said State, personally appeared ^Corporate Seal s affixed !i4o 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 per on(s or entity(ies) the instrument. 4 ISu k •.�' '- (Sign in Ink) zoo.► (Pnnt/T ame) Notary Public in and for the State of 44-. a6 �axzs �� JAY P.W"ALTCIN W OMMISSION EXPIRES BUYER'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF STORY: ss On this 542- day of 1&4el— ,20_0 1 , before me,'t�e undersigned,a Notary Public in and for said State,personally appeared T-M 7eD�SC6 and ,�JAAI E 1P. l�d5�r,- ,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 contained in Resolution No01-034 adopted by the City Council on the 3rd day of JOti-, ROOT , and that 7.,p -TebeSCc and V1AN45- R— acknowledged the execution of the instrument 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 . H? -17 03 commende Proj gent (Date) .a Approved by: Mayor of the City of Ames; Iowa (Date) ' City Clerk of the City,of Ames,Iowa (Date) � �r ;. 01 - 02 72 8 C3)