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Home My WebLink AboutA002 - Purchase Agreement - Walid Hawana 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 515-239-5180 PURCHASE AGREEMENT PARCEL NO. 1 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Walid Hawana THIS AGREEMENT made and entered into this day of , 2008, by and between Walid Hawana , hereinafter 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 40' of parcel"G" which lies partly in the NE'/ of the NW'/ partly in the SE'/a of the NW'/ and partly in the NE % of the SW% , all in Section 13 T83N R24W of the 5`h P.M. in Story County Iowa. Said Permanent Utility Easement consists of 0.83 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 RAW Well Water Transmission 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 $ 5,414.50 on possession and conveyance $ 5,414.50 TOTAL LUMP SUM Breakdown Ac./Sq.Ft. Land by Fee Title Fence: rods woven Underlying Fee Title Fence: rods barbed Permanent Easement 0.83 ac. Temporary Easement 0.40 ac. 4. Each page and each attachment is by this reference made a part hereof and the entire Agreement consists of 5 pages. 5. SELLER WARRANTS that there are no tenants on the premises holding lease except: Lowell Kingsbury DISTRIBUTION: TWO COPIES RETURNED TO BUYER--ONE COPY RETAINED BY SELLER Page 2 PARCEL NO. 1 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Walid Hawana 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: 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. 1 COUNTY Story PROJECT RAW Well Water Transmission Line Project SELLER: Walid Hawana 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. dl(" Wal1d wanaWj4""� Va ALL PURPOSE ACKNOWLEDGMENT I CAPACITY CLAIMED BY SIGNER: STATE OF Iowa } I X INDIVIDUAL COUNTY OF Story }ss: _ CORPORATE I Title(s)of Corporate Officer(s): On this 11 day of July A.D.2008_,before me,the undersigned,a Notary Public in and for said State,personally appeared I Walid Hawana Corporate Seal is affixed I No Corporate Seal procured _ PARTNER(s): — Limited Partnership X to me personally known I _ 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 persons whose names are subscribed to the within instrument I CONSERVATOR(s) and acknowledged to me that they executed the same in they authorized I OTHER capacity,an that by their signature on the instrument the person,or the entity upo b half of which the persons acted,executed the instrument. (Sign in Ink) I SIGNER IS REPRESENTING: James .Olson (Print/Type Name) I List name(s)of person(s)or entity(ies) otary Public in and for the State of yo i-el9 •.► DAMES S.OLSON Commission Number 747625 WF 2-za-za o BUYER'S ACKNOWLEDGMENT STATE OF Iowa , COUNTY NTY OF Story ,ss: On this 0 day of SP 1• ,2008,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Ann Campbell , known to me to be the Mayor 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 Notary Public in and for the State of Iowa Recommended by: (Date) &A DIANE iT:0 S Lquisitio3nAyint COMMISSIO4019 G� " MY CO MISSPI 3ow 1 ! Approved by: (Date) City of Ames, Iowa 1 Y d r ""., '79 �WPM—, alli iip '' a+t a+ x'-+aal WPM—, .: +�" a R t a t!,f p? yaEm°:—$`��>v 'pll � +ae" IV t b � "� (. ,�((yyd,,k 1SnY�ZFY 4 j 3 J I 3 4Yj.)1tX s 1qy!+ s t a ia. x { !(}: c�at' r a �,,( { y1�f'h11�*N'+F^+N'ly."';.-�YP-`'..3 J'f�'4 +`'\axyl .•F ary �"'fe'= { 54 � ' ¢ Xs��: z14 d v,.`, i.y� � ^."rim'"W , I � I g 5N r ANN Roq z 7 • � rt - .. `r W.4 Ni� ate? PROPOSEQ"S „ - AW'1NATER r� ,ia a Rye, coNSTrRivl a Yi .a 'psi ��'�^�� a ,+�" y`•.' �11 !ii� ' � �� vo 5.� `. 1 3 PERMANENT UTILITY EASEMENT MORE' PARTICULARLY DESCRIBED AS: The North 40' of Parcel "G" which lies partly in the NE '/a of the NW 1/4, partly in the SE 1/4 of the NW '/a, and partly in the NE '/4 t t IQwa. jSa III in Section 13, T83N, R24W of the Sth P.M. in Story COUn y, i Permanent Utility Easement consists of 0.83 aces. - . - SCALE �• AMES RAW WATER MAIN FIGURE: FIGURE 1 .O FOXHAWANA PROPERTY REVISION NO DATE e1 Igi{ fCsL�! �f 1� /�MES, TA DRAWN PROJECT 3338-0 A� 7 3T O8 M R. BRADLEY STUMBO P . Q. BOX 1664 AMES, IOWA 50010 515-233-36B9 PLAT OF EASEMENT U 5 . HI(7IIW�Y ��0 NE COR. PARCEL G FOUND 5/8" REBAR W/ ALUMINUN CAP #11556 (TYPICAL) NW CORNER N85'22.. 271E.___._- _.-- ._..._.__.._...._..._..___-_..... PERMANENT EASEMENT` PARCEL 0 N85„'22 ? ...._._ _5_•00'_�.____T- SO4 '37'33"E EXISTING 40' ` 2 �WtN165 '27'E 305.97' —SO4 '37'33"E cu o 60.00, v N30 '04'28"W 277.A1' N fi6.45' 7 S85'22'27"W TEMPORARY w � EASEMENT 17501.33 SO FT o 0.40 ACRES cn z t- Q a Uj D r SE CORNER NEI ,SECJ413-83-24 -33 FOUND 3/4 t PIPE m 3 SURVEY DESCRIPTION — 60' TEMPORARY EASEMENT: THE SOUTH 60.00 FEET OF THE NORTH 100.00 FEET OF PARCEL G AS SHOWN ON A PLAT OF SURVEY ATTACHED TO A STATE LAND OFFICE DEED FILED IN THE OFFICE OF THE STORY COUNTY RECORDER AT INSTRUMENT NO. 98-17980. SAID PARCEL G BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, SAID EASEMENT BEING THAT PART OF SAID PARCEL G LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID PARCEL G WHICH IS 325.00 FEET EASTERLY OF THE NORTHWEST CORNER THEREOF; THENCE SO4 '37'33"E. 100.00 FEET, AND THERE ► TERMINATING, CONTAINING 0.40 ACRES. GRAPHIC SCALE 1 "=150 ' PROPRIETOR: WALIO HAWANA SURVEY REQUESTED BY: FOX ENGINEERING 0 150 300 450 CITY OF AMES. IOWA RAW WATER MAIN Certification: I hereby certify that this land surveying pLEY document was prepared and the related survey work was performed QP STD by me or under my direct personal supervision and that I am a 0 �ZCENsFO �i� duly licensed Land Surveyor under the laws of the State of Iowa. Q o 17161 Date: R. Bradley Stu�p o License #171G1 My license rett�wal date is December 31, 2009 � roWa pQ qND SUR�E� Job #16018 HAWANA Date: 8/21/08 Page 1 of I