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Home My WebLink About~Master - Temporary - IDOT - U.S. Hwy. 69 Widening and Ada Hayden Heritage Park Valerie Goethals, Right of Way Office, Iowa Dept. of Transportation. 800 Lincolnway, Ames, IA 50010, 515-239-1361 Form 634-017 (Rev. 5/04) 85 - 06 TE Purchase Agreement Iowa Department of Transportation Page 1 TEMPORARY EASEMENT PURCHASE AGREEMENT PARCEL NO. 6 COUNTY Story PROJECT NO. STPN-69-5(85)-2J-85 ROAD NO. US 69 SELLER: City of Ames. Iowa THIS AGREEMENT made and entered into this _% day of AU44,011 2005, by and between Seller and the Iowa Department of Transportation, at ing for the State of Iowa, 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: SE1/4 NE1/4 of Section 22 T84N R24W of the 5th P.M. County of Story, State of Iowa, and more particularly shown on Right of Way Design Plot Plan attached as Page 4, for the purpose of shaping, and as shown on the project plans for said highway improvement. 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, and the following buildings, improvements. and other property: None SELLER CONSENTS to any change of grade of the highway and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 2. Possession of the premises is the essence of this agreement and SELLER GRANTS immediate possession of the premises. 3. Buyer agrees to pay to SELLER the Total Lump Sum of $0.00 (mutual benefit) on or before 30 DAYS AFTER BUYER APPROVAL. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as payees on warrants as agreement payment. 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: nonce 5. It is agreed that the right of temporary easement granted by this agreement shall terminate upon the completion of this highway project. 6. This agreement shall apply to and bind the legal successors in interest of the 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 4 pages DISTRIBUTION: TWO COPIES RETURNED TO BUYER (IOWA DOT) -- ONE COPY RETAINED BY SELLER Page 2 8. If this agreement is recorded, in addition to the Total .Lump Sum, Buyer agrees to pay 0.00 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 agreement, 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 r paid receipts or signed bills. 9. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require relocation by highway construction shall be repaired or relocated 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 the 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 agreement, 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. This written agreement 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, to the best of Seller's knowledge, there is no burial site, well, solid waste disposal site, hazardous substance, nor underground storage tank on the premises described and sought herein except none. Page 3 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. CITY OF AMES, IOWA By: (Sign in Ink) B b/ 6 J (Sign in Ink) 4TedeW46Vt6AST0 FORM Diane R.Voss, City Clerk 8Y (AFFIX CORPORATE SEAL BELOW) Jots ft_NWA ` CRyAtlMW STATE OF IOWA, COUNTY OF Story,ss: On this day of_ ,2005,before me,the undersigned,a Notary Public in and forthe State of Iowa, personal appeared Ted Ted sco and Diane R.Voss,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 seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its City Council,as contained in (9r ed}(the Resolution adopted) by the City Council, uRder-Rsll G-11 Ple. on the day of 2005 and that Ted Tedesco and Diane Voss acknowledged the execution of the instrument to be thei voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. + � (Sign in Ink) Notary Public. (AFFIX NOTARIAL SEAL ABOVE) #wr- a%AL .SILL L. R PERGER COMMISSION# 145549 MY COMMISSION EXPIRES 1owA 31AP BUYER'S APPROVAL ecommended y: ject Age t (Date) ke Jacks n AUG 2 9 2005 Approved by: night of Way Director (Date) Ronald W. Otto BUYER'S ACKNOWLEDGMENT STATE OF IOWA: ss On this 9gth day of 200 before me, the �4liJuct undersigned, personally appeared Rnnald. W. Otto known to me to be a Right of Way Director of Buyer and who did say that said instrument was signed on behalf of Buyer by its authority duly recorded in its minutes, and said Right of Way Director acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily executed. "e' Notary, ublic n and for the State of Iowa (NOTARIAL SEAL) VdAL fCOMMISSION NO.223427 *," MY00MM1SSION BORES IOWA JULY 8 2008 I OWA DEPARTMENT OF TRANSPORTATION J8506901004\row\J8506901004.006 PROJECT DEVELOPMENT PLOT PLAN 4 PARCEL NO.: 006 OWNER: CITY OF AMES SECT ION: 22 T 84 N-R 24 W. LEGEND SCALE:I°- 100, W.D.OR EASEMENT LINE: ACCESS LOCATION POINT: PROPERTY LINE: �� E I� 139 + 19 . 48 �99 - ' + Ex . I'W 138 + 79 ,060 m 133 . 00 ' V ± TEMPORARY EASEMENT IS APPROX\�\T750 SF. L 13306 L 87a89 ' ± Ex W � . l i i - - - - - - - - - - - - ` - - - - - - - - - - - - - - - - - - - I •. V I � COUNTY: STORY PROJECT NO.: STPN-069-5(85)--2J-85