HomeMy WebLinkAboutA004 - Purchase Agreement - Pyle Land LLC 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, 3 COUNTY Story
PROJECT RAW Well Water Transmission Line Project
SELLER: Pyle Land LLC an Iowa Corporation
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THIS AGREEMENT made and entered into this q day of JF' 2008, by and between Pyle Land LLC,
hereinafter referred to as the"Seller"and CitXof Ames, IOW , 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 30.0 feet in width across parcels G and H in the Northeast Quarter of the Northwest Quarter of
Section 13 Township 83 North Range 24 West of the 51h P.M. City of Ames Story County. Iowa as shown
on corrected Plat of survey filed in the office of the Story County Recorder at Inst. No. 01-01457.
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
$Mutual Agreement on possession and conveyance
$Mutual Agreement TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 0.75
Temporary Easement 0.66
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. 3 COUNTY Story
PROJECT RAW Well Water Transmission Line Project
SELLER: Pyle Land LLC an Iowa Corporation
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. 3 COUNTY Story
PROJECT RAW Well Water Transmission Line Project
SELLER: Pyle Land LLC an Iowa Corporation
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.
Dennis Pyle
President
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
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STATE OF Iowa } INDIVIDUAL
COUNTY OF Story } Ss: — CORPORATE
Title(s)of Corporate Officer(s):
On this 5th day of August A.D. 2008, before me, the
undersigned, a Notary Public in and for said State,personally appeared Corporate Seal is affixed
Dennis Pyle — No Corporate Seal procured
X to me personally known PARTNER(s):
or — Limited Partnership
proved to me on the basis of satisfactory evidence General Partnership
ATTORNEY-IN-FACT
to be the person(s) whose name(s) is/are subscribed to the within EXECUTOR(s)OR TRUSTEE(s)
instrument and acknowledged to me that he/she/they executed the same — GUARDIAN(s)OR
in his/her/their authorized capacity/(ies), and that by his/her/their CONSERVATOR(s)
signature(s)on the instrument the person(s),or the entity upon behalf of X OTHER(LLC)
which th erson(s)acted,executed the instrument.
(Sign in Ink)So—, (Print/Type Name) SIGNER IS REPRESENTING:
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Notary Public in and for the State of Iowa List name(s)of person(s)or entity(ies)
Pyle Land LLC
JAM&OLSON
OaawrMla-Number 747625
• ' My001111111Mion Expires
7Tr&W x
BUYER'S ACKNOWLEDGMENT
STATE OF Iowa, COUNTY OF Story , ss:
On this Cl"I"'day of J ,2008,before me,the undersigned,a Notary Public in and
for the State of Iowa, personally bppeared 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. 7�
BUYER'S APPROVAL &1Q0eZ===_2
Notary Public In and or t& State of Iowa
815/o8
Recommended by: (Date) JILL L. RIPPERGER
Acquisition Agent `s COMMISSION# 1�46549
MY COMMISSION EXPIRES
/ I / rows 1 _Q
Recommended by: -�wh �` (Date)
City of Ames, Iowa
EXHIBIT "A"
R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF EASEMENT
NW CORNER wf
NE1/4, NW1/4
SEC. 13-83-24 1;r � J! N1/4 CORNER
_ SEC. 13-83-24
+, ARCELNER
H ,1 S. 16TH STREET (ROW VARIES)
SB9.39'17"E 239.65 529'51'20"W S39'54'26"W
_ _ 1 49_ -- -. ... .. ., 12 97' __ N89'39'17"W 280 30' _
EXIST. 90' ROW LINE
/S29'51'20 W DRAINAGE EASE. ^� _ S39'54'26'W NE C RNER
146.36' _ �� 71.34 PARC L G
- r- J- ~' - -50' ACCESS EASEME
NO ` N89'39'17"W (25' EA. SIDE)
JEXZ Z� N� N89'39'i7"W S8
2964649 W 20' ACCESS EASEMENT
�PSEM o43.27' (10' EACH SIDE)
TEMPORARY
50' EASEMENT
46165.68 SO FT }4�Ck 1. ('a a}"i7
S28.01'31"E 1.06 ACRES of tl�
431.53' ,f� � ���
t�
PERMANENT
EASEMENT
FOUND 5/6" REBAR
17336.70 SO W/ ALUMINUM CAP
0.40 ACRES
#11556 (TYPICAL)
_ -SB6'10'10"E
181.61,
S86'10'1 �` 10.34'
SE COR. PARCEL H "A
FOUND OAR HIGH
W/ YEELLW CAPE#6586 WAY #30
Survey Description - 30' Permanent Easement:
A strip of land 30.00 feet in width across Parcels G and H in the Northeast Quarter of the Northwest Quarter
of Section 13, Township 83 North, Range 24 West of the 5th P.M. City of Ames, Story County, Iowa as shown on
a corrected Plat of Survey filed in the office of the Story County Recorder at Inst. No. 01-01457. said strip
being situated 15.00 feet on each side of the following described centerline: Commencing at the Northwest
Corner of said Parcel H; thence S89'39'17"E, 239.65 feet along the North line of said Parcel H; thence
S29'51'20"W. 11.49 feet to a point on the South right of way line of South 16th Street and the point of
beginning; thence continuing S29'51'20"W, 146.36 feet; thence S28'01'31"E, 431.53 feet to a point on the South
line of said Parcel H and there terminating, containing 0.40 acres.
Survey Description - 80' Temporary Easement:
A strip of land 80.00 feet in width across Parcels G and H in the Northeast Quarter of the Northwest Quarter
of Section 13. Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa as shown on
a corrected Plat of Survey filed in the office of the Story County Recorder at Inst. No. 01-01457, said strip
being situated 30.00 feet Easterly and 50.00 feet Westerly of the following described centerline: Commencing
at the Northwest Corner of said Parcel H; thence S89'39'17"E, 239.65 feet along the North line of said Parcel
H; thence S29'51'20"W, 11.49 feet to a point on the South right of way line of South 16th Street and the point
of beginning; thence continuing S29'51'20"W, 146.36 feet; thence S28'01'31"E, 431.53 feet to a point on the
South line of said Parcel H and there terminating, containing 1.06 acres.
Survey Description - Permanent Access Easement:
A strip of land of varying width across Parcels G and H in the Northeast Quarter of the Northwest Quarter of
Section 13, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa as shown on a
corrected Plat of Survey filed in the office of the Story County Recorder at Inst. No. 01-01457, said strip
being situated 25.00 feet on each side of the following described centerline: Commencing at the Northeast
Corner of said Parcel G; thence N89'39'17"W, 280.30 feet along the North line of said Parcel G; thence
639'54'26"W, 12.97 feet to a point on the South right of way line of South 16th Street and the paint of
beginning; thence continuing S39'54'26"W, 71.34 feet; thence being situated 10.00 feet on each side of the
following centerline calls: thence NB9'39'17"W. 245.57 feet; thence S63'34'09"W, 296.64 feet; thence
N69'39'17"W, 43.27 feet to a point on the Easterly line of the previously described 30' Permanent Easement
and there terminating, containing 0.35 acres.
GRAPHIC SCALE 1 "=200 ' PROPRIETOR: PYLE LAND, L.L.C.
SURVEY REQUESTED BY: FOX ENGINEERING
0 200 400 b00 CITY OF AMES, IOWA RAW WATER MAIN
Certification: I hereby certify that this land surveying
document was prepared and the personal n and that I am a related
supervisio work
performed
�PPLEY SrG�y
by me or under m directct
duly licensed Land Surveyor under the laws of the State of Iowa. Q OcENS`
�p
/'P
17161
Date:
R. Bradley Stumbo Lic se #17161
My license renew date is December 31, 2009 < TOWN Q
SUR�EyO
Job #16018 PYLE Date: 7/18/08 Page 1 of 1