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Home My WebLink AboutA014 - Purchase Agreement - Mark D and Elizabeth S Estes t 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. 9 COUNTY Story PROJECT . RAW Well Water Transmission Line Project SELLER: Mark D. and Elizabeth S. Estes husband and wife THIS AGREEMENT made and entered into this W'�' day of J ,200V , by and between Mark D. and Elizabeth S. Estes husband and wife, herei fter referred to as the"Seller"and City 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: The North 20.0 feet of Parcel"C" of Part of Lot 1 and "B" in Block 2 of Lew Cole's Subdivision in the City of Ames, Story County, Iowa as filed in the office of the Story County Recorder at instrument No. 98-12856. Containing 0.02 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 install RAW water line. 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 $ 1,700.50 on possession and conveyance $ 1,700.50 TOTAL LUMP SUM Breakdown Ac./Sq_Ft. Land by Fee Title Fence: rods woven Underlying Fee Title Fence: rods barbed Permanent Easement 0.02 Acres Temporary Easement 0.05 Acres 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. 9 COUNTY Story PROJECT NO. RAW Well Water Transmission Line Project SELLER: Mark D.and Elizabeth S. Estes husband and wife 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. Page 3 PARCEL NO. 9 COUNTY_ Story PROJECT NO. RAW Well Water Transmission Line Project SELLER: Mark D. and Elizabeth S. Estes-, Hu S afo.✓o ,�,�.� ✓i FE 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. Mark D. Estes Elizabeth S. Estes ALL PURPOSE ACKNOWLEDGMENT I CAPACITY CLAIMED BY SIGNER: STATE OF Iowa } I X INDIVIDUAL COUNTY OF Story }ss: I CORPORATE Title(s)of Corporate Officer(s): On this,,?-5) day of Jy L t A.D. 2008, before me,the undersigned,a Notary Public in and for said State,personally appeared I Corporate Seal is affixed /nA,Q.F .D LPL/z4 5-97 v cam, 6S7-e s' I No Corporate Seal procured PARTNER(s): I — Limited Partnership %to me personally known ( _ General Partnership or I _ 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 I CONSERVATOR(s) instrument and acknowledged to me that he/she/they executed the same I — 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 p son(s)acted,executeument. SIGNER IS REPRESENTING: (Sign in Ink) I List name(s)of person(s)or entity(ies) (Print/Type Name) Notary Public in and for the State of Z o w.¢ IR OMN OoeNnbeIm Number 747625 • My CoourtissIon Expires '7 -2.Z-- A2L _ BUYER'S ACKNOWLEDGMENT STATE OF ,COUNTY OF � Er On this C14" day of 3 20toefore me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared fA.v.v 1,**v4.»vt3EG G , known to me to be the_ /f2R —0 q 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 1. }� _E ,V07W y P0s44/C '"N.gNO Fo,t 7-b'•� 5rv�6 {rawer Recommended by: (Date) B ' �l �, c JILL L. RIPPER , COMMISSION#146549 * * MY COMMISSION EXPIRES /OWA Recommended by (Date) { �'' f R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENT 8 L 0 C K O N E N 3 W GTH STREET ' �:� (66 ROW) �? �FNE DUNDRI/2ARREBAR #6586LLOW CAP EXIST. 10' P.U.E. PUBLIC UTILITY EASEMENT 1076.48 $0 FT TEMPORARY 0.02 ACRES EASEMENT ED 2375.07 SO FT p 0.05 ACRES ; r ��' w ,bl° N ' 4 0 L 0 C K T W 0 ! � � t 4 ; j SE CDR. PARCEL C FOUND 1/2" REBAR W/ YELLOW CAP #6586 SURVEY DESCRIPTION - 20' PUBLIC UTILITY EASEMENT: THE NORTH 2O.00 FEET OF PARCEL C OF PART OF LOTS 1 AND B IN BLOCK 2 OF LEW COLE'S SUBDIVISION IN THE CITY OF AMES, STORY COUNTY, IOWA AS FILED IN THE OFFICE OF THE STORY COUNTY RECORDER AT INSTRUMENT NO. 98-12B56, CONTAINING 0..02 ACRES. SURVEY DESCRIPTION - 40' TEMPORARY EASEMENT: THE NORTH 40.00 FEET OF PARCEL C OF PART OF LOTS 1 AND B IN BLOCK 2 OF LEW COLE'S SUBDIVISION IN THE CITY OF AMES, STORY COUNTY, IOWA AS FILED IN THE OFFICE OF THE STORY COUNTY RECORDER AT INSTRUMENT NO. 98-12856, CONTAINING 0.05 ACRES. GRAPHIC SCALE 1"=50 ' PROPRIETORS: MARK D. 6 ELIZABETH S. ESTES SURVEY REQUESTED BY: FOX ENGINEERING 0 50 100 150 CITY OF AMES, IOWA RAW WATER MAIN Certification: I hereby certify that this land surveying LEY bycmeent was or under my reddirect ectd the personalated survey supervisionwork was and thatpIramraed OP\ZCENs duly licensed Land Surveyor under the laws of the State of Iowa. Q o /,). &,&, �� Date: M61�1 R. Bradley Stumb Licens #17161 My license renewo date is December 31, 2009 < Iowa OP SUR`1Ey Job #16018 ESTES Date: 7/18/08 Page 1 of 1