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Home My WebLink AboutA012 - Purchase Agreement - Iowa State Ready mix Concrete t R e 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. 7 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Iowa State Ready Mix Concrete, Inc. THIS AGREEMENT made and entered into this_q day of A�* ,2008,by and between Iowa State Ready Mix Concrete.Inc.,hereinafter referred to as the"Seller"and CftY OF AMES,IOWA,hereinafter referred to as "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,consisting of all or parts of the following: A strip of land 25.0 feet in width across outlot 6 in Sondrol's Subdivision in the South one half of the Southwest quarter of Section 1, Township 83 North, Range 24 West of the 51h P.M., City of Ames. Story County. Iowa being situated 15.0 feet East and 10.0 feet West of the following described centerline:beginning at a point on the Southeasterly line of said outlot 6 which is 281.56 feet Southwesterly of the Southeasterly corner thereof: thence N21 0 45'39"W.374.50 feet to a point on the North line of said outlot 6,and there terminating,containg 0.21 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 for the installation of a raw water main and temporary easement for access to the construction site that would be determined at the time of construction. 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 $ 2,200.00 on possession and conveyance $ 2,200.00 TOTAL LUMP SUM Breakdown Ac.ISq.Ft. Land by Fee Title Fence: rods woven Underlying Fee Title Fence: rods barbed Permanent Easement 0.21 ac. Temporary Easement 0.46 ac. 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. 7 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Iowa State Ready Mix Concrete Inc. 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 tile 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. t 1 r' Page 3 PARCEL NO. 7 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Iowa State Ready Mix Concrete Inc 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. u Rasmusse 712resid.ent ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF .moo%.e4 } INDIVIDUAL COUNTY OF J'o R y }ss: x CORPORATE Title(s)of Corporate Officer(s): On this,93 day of Jw4,s A.D.20e 8 , before me,the PT651 O EN T undersigned,a Notary Pub i is nl and for said State,personally appeared Corporate Seal is affixed I<a,P -A_- No Corporate Seal procured PARTNER(s): Limited Partnership �C to me personally known i _ General Partnership or ATTORNEY-IN-FACT —proved to me on the basis of satisfactory evidence — 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 erson(s)acted,executed the instrument, SIGNER IS REPRESENTING: (Sign in Ink) List name(s)of person(s)or entity(ies) ✓A ir,�� 5: !,I._sa e e (Print(Type Name) �u.e T �,q Sm v Ss F^' A-,T Notary Public in and for the State of Z'o w.9 PR E s' i o� � T �'o it �o l-✓.Q JAMS&OL90N ST•4 T� Tt'�A o� /mix T476Z5 571 o CoNcoeETE BUYER'S ACKNOWLEDGMENT STATE OF _ZO w,4 , COUNTY OF 7-c e Y ,ss: On this lq- day of J � ✓ , 2006 efore me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared C.Q,-",2.R,L--,4 , known to me to be the_ /vim yp .P of Buyer and who 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 /✓aTAR,y Ra,1tAJ6 R 7wSTe9?� •fi.Xow.P Recommended by: (Date) Z�PPIAC , JILL L. RIPPERGEfk COMMISSION#146549 Recommended by: (Date) 1yYCQA.1p�lSSIONEXPIRES 1 R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENT NE CORNER �- 7'/ N89'32'28"W OUTLOT 6 42.68' FOUND REBAR 3/4" N89"32'28"W 376.83' 494 __ - -�� 75' TEMPORARY w FOUND 1/2" REBAR - EASEMENT to W/ YELLOW CAP #17161 (TYPICAL) TEMPORARY 60 cv 1OT A 2905 .34 QTFT 10 0 ��lc��v zcN _ 0.67 ACRES 25' PERMANENT N , N21'45'39"W EASEMENT / SE'LY CORNER 374.50' '3 OUTLOT 6 •A��j6 FALLS IN RIVER PERMANENT 55�2�ti EASEMENT 9325.31 SO FT 1301-1.C1S 6 0.21 ACRES �• 11-11 �1��.nN �, , S57'44'35"W as3• 111.44' { { l I f 1 t3.VSS UN I 1t � � ,UE�• F,,,. { ` 10'411 s}E3[1 1-S.DN ! SURVEY DECRIPTION - 25' PERMANENT EASEMENT: A STRIP OF LAND 25.00 FEET IN WIDTH ACROSS OUTLOT 6 IN SONDROL'S SUBDIVISION IN THE SOUTH ONE- HALF 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 SOUTHEASTERLY LINE OF SAID OUTLOT 6 WHICH IS 2B1.56 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER THEREOF; THENCE N21 '45'39"W, 374.50 FEET TO A POINT ON THE NORTH LINE OF SAID OUTLOT 6, AND THERE TERMINATING, CONTAINING 0.21 ACRES. SURVEY DECRIPTION - 75' TEMPORARY EASEMENT: A STRIP OF LAND 75.00 FEET IN WIDTH ACROSS OUTLOT 6 IN SONDROL'S SUBDIVISION IN THE SOUTH ONE- HALF 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 SOUTHEASTERLY LINE OF SAID OUTLOT 6 WHICH IS 281.56 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER THEREOF; THENCE N21 '45'39"W, 374.50 FEET TO A POINT ON THE NORTH LINE OF SAID OUTLOT 6, AND THERE TERMINATING, CONTAINING 0.67 ACRES. GRAPHIC SCALE 1"=200 PROPRIETOR: IOWA STATE READY MIX CONCRETE, INC. SURVEY REQUESTED BY: FOX ENGINEERING 0 200 400 600 CITY OF AMES, IOWA RAW WATER MAIN Certification: I hereby certify that this land surveying document prepared the bymeor underrmyydirrectdpersonalasupervisionwand that performed r r Iamaed OP�DcE s�OT�� duly licensed Land Surveyor under the laws of the State of Iowa. Q o 0161 Date: 2l 0(f R. Bradley Stumbo License #17161 My license renew 1 date is December 31, 2009 IOWA �Q q� SUR14 Job #16018 ICRM Date: B/21/08 Page 1 of 1