HomeMy WebLinkAboutA010 - Purchase Agreement - Story Construction Prepared by:Graham Land Acquisition Associates,Inc.,1715 South G Avenue,Nevada,IA 50201 515-382-1698
For: City of Ames,Iowa,Ames City Clerk,P.O.Box 811,Ames Iowa 50010 515-239-5160
PURCHASE AGREEMENT
PARCEL NO. 6 COUNTY Story
PROJECT RAW Well Water Transmission Line Project
SELLER: Story Construction Company
THIS AGREEMENT made and entered into this I day of J , 2008, by and between Sto Construction►
City of�OWA hereinafter referred to as "Buyer".
Company, hereinafter referred to as the Seller and i_x ,
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,consisting
of all or parts of the following:
A strip of land 25.0 feet in width across lot 2,Skunk River East,First Industrial Addition and Lot 3,H&B Subdivision in
the Southeast Quarter of the Southwest Quarter of Section 1:Township 83 North,Range 24 West of the 5'P.M.,City of
Ames, Story County, Iowa being situated 15.0 feet East and 10.0 feet West of the following described centerline:
g
Be innin at a point on the South line of said lot 2 which is 15.0 feet West of the Southeast corner thereof: Thence
Beginning
N00°02'04"W,490.68 feet:Thence N21°45'39"W,440.96 feet to a point on the Northwesterly line of said lot 3,and
there terminating,containing 0.54 acres.
County of Story, State of Iowa, and more particularly described on the attached copy of the
Acquisition Plat for Seller's property marked Exhibit"A" on Page 4 of this Agreement, including:
Temporary Easement to Construct water main project
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
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 Buyer may enter and assume full
use and enjoyment of the premises per the terms of this Agreement. SELLER GRANTS Buyer the
immediate right to enter the premises for the purpose of gathering survey and soil data.
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
$ 11,500.00 on possession and conveyance
$ 11.500.00 TOTAL LUMP SUM
Breakdown Ac.ISg.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 0.54
Temporary Easement 1.04
4. Each page and each attachment is by this reference made a part hereof and the entire Agreement
consists of 4 pages.
5. SELLER WARRANTS that there are no tenants on the premises holding lease except: None
DISTRIBUTION: TWO COPIES RETURNED TO BUYER--ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 6 COUNTY Story
PROJECT RAW Well Water Transmission Line Project
SELLER: Story Construction Company
6. This Agreement 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 Section 427.2 of the Code of Iowa,
and agrees to warrant good and sufficient title. Names and addresses of lien holders are:
None
7. Buyer may include mortgagees, lien holders, encumbrancers and taxing authorities as payees on
warrants used for payments under this Agreement. 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 paid receipts or signed bills.
8. Buyer agrees that any agricultural drain the which are located within the premises and are damaged or
require relocation by highway construction shall be repaired or relocated 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.
9. 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.
10. These premises are being acquired for public purposes and this transfer is exempt from the
requirements for the filing of a Declaration of Value by 428A.1 of the Code of Iowa.
11. Buyer hereby gives notice if Seller's five-year right to renegotiate construction or maintenance
damages not apparent at the time of the signing of this Agreement as required by the Code of Iowa.
12. Seller states and warrants that there is no know well,burial sites,solid waste disposal site,hazardous
substances or underground storage tanks on the premises described and sought herein.
13. 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.
Page 3
PARCEL NO. 6 COUNTY Story
PROJECT RAW Well Water Transmission Line Pro-ect
SELLER: Story Construction Company
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.
�&4
or r2 ,
Michael Espeset
Title: President
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF Iowa } INDIVIDUAL
COUNTY OF Story }ss: X CORPORATE
Title(s)of Corporate Officer(s):
On this 17th day of July , A.D. 2008, before me, the PR,-S1.oe v 7-
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
Michael Espeset
X No Corporate Seal procured
PARTNER(s):
Limited Partnership
X to me personally known General Partnership
or _ ATTORNEY-IN-FACT
—proved to me on the basis of satisfactory evidence i EXECUTOR(s)OR TRUSTEE(s)
GUARDIAN(s)OR
to be the person(s) whose name(s) is/are subscribed to the within CONSERVATOR(s)
instrument and acknowledged to me that he/she/they executed the same OTHER
in his/her/their authorized capacity/(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf of
which the
Public in and for the State of he-p rson(s)acted,executed the instrument. SIGNER IS REPRESENTING:
(Sign in Ink) List name(s)of person(s)or entity(ies)
�Z_sa.v (Print/Type Name) Michael Espeset as President for Story
Construction Company
Oaaln�riA"Nun�N62s
M!t'cO onloowan Expires
BUYER'S ACKNOWLEDGMENT
STATE OF Iowa ,COUNTY OF Story , ss:
n
On this `I day of ,20efore me,the undersigned,a Notary Public in and for
the State of Iowa, personally appeared Ann Campbell known to me to be the Mayor ol'Buyerandwho
did say that said instrument was signed on behalf of Buyer by the authority duly recorded in its minutes,and
acknowledged the execution of said instrument,which signature appears hereon,to be the voluntary act and
deed of Buyer and by it voluntarily executed.
BUYER'S APPROVAL
_mod
Notary Public in an or t State of Iowa
A,OAC JILL L. RIPPERGEP.
Recommended b (Date) ? * COMMISSION#14.5540
cquisition Agent MY COMMISSION EXPIRES
5-/7-
Recommended bj,,� (Date)
City of Ames, Iowa
w . .
h
R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-36B9
PLAT OF EASEMENT _ O
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PROPRIETOR: STORY CONSTRUCTION CO. ti��✓f u
SURVEY REQUESTED BY: FOX ENGINEERING '
CITY OF AMES, IOWA RAW WATER MAIN f 'r (D
75' TEMPOR 6� 1.. J
EASEMENT
N21'45'39"W 1 (I) O
/T TEMPORARY 4A. 6'
EASEMENT ' CU
166900.54 SO FT �!.58 ACRES 25' PERMANENT s
f EASEMENT
PERMANENT , CC
EASEMENTCD
23327.15 SO FT
0.54 ACRES
10 n a i
0
Cj MCI {
1
°"f 1
rr c" ' N00'02'04"W
�Zcr. 490.68'
_Al z F-
J(r7 YD 1
J to 0
SW CDR. LOT 2
SKUNK RIVER EAST ctt�ry cn
FIRST IND. ADDN. -� r_..cr
SE CDR. LOT 2
FOUND 1/2" REBAR
'}? a" 1 SKUNK RIVER EAST
�-, 1�
W/ YELLOW CAP FIRST IND ADDN.
-'� #8136 (TYPICAL) 1 FOUND 1/2 REBAR
W/ YELLOW CAP
_._..__..... _....._. _._.._._�..._ _. ._ _ ........_....._ _.. _.....�.......___#8136
N89'36'46"W N89'36'46"W
182.41' 15.00,
E. LINCOLN WAY (ROW VARIES) S1/4 CORNER -�
SEC, 1-83-24
SURVEY DESCRIPTION - 25' PERMANENT EASEMENT:
A STRIP OF LAND 25.00 FEET IN WIDTH ACROSS LOT 2, SKUNK RIVER EAST, FIRST INDUSTRIAL ADDITION
AND LOT 3, H & B SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION '1,
TOWNSHIP 83 NORTH. RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA BEING
SITUATED 15.00 FEET EAST AND 10.00 FEET WEST OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING
AT A POINT ON THE SOUTH LINE OF SAID LOT 2 WHICH IS 15.00 FEET WEST OF THE SOUTHEAST CORNER
THEREOF; THENCE N00 '02'04"W, 490.68 FEET; THENCE N21 *45'39"W, 440.96 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 3, AND THERE TERMINATING, CONTAINING 0.54 ACRES.
SURVEY DESCRIPTION - 75' TEMPORARY EASEMENT:
A STRIP OF LAND 75.00 FEET IN WIDTH ACROSS LOT 2, SKUNK RIVER EAST, FIRST INDUSTRIAL ADDITION
AND LOT 3, H & B SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1,
TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA BEING
SITUATED 15.00 FEET EAST AND 60.00 FEET WEST OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING
AT A POINT ON THE SOUTH LINE OF SAID LOT 2 WHICH IS 15.00 FEET WEST OF THE SOUTHEAST CORNER
THEREOF; THENCE N00"02'04"W, 490.66 FEET; THENCE N21 '45'39"W, 440.96 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 3, AND THERE TERMINATING, CONTAINING 1.58 ACRES.
Certification: I hereby certify that this land surveying pLEY
bycmeent was or underrrmyyadirectd the personalated supervis onwork was and thatpIramraed ��\ZCENS
duly licensed Land Surveyor under the laws of the State of Iowa. 2' o
7
17161
/':j�� ' Date:
R. Bradley Stumbo License #17161
My license renew date is December 31. 2009 q Tow , pP
Np Sl
Job #16018 STORY Date: 8/21/08 Page 1 of 1