HomeMy WebLinkAboutA006 - Purchase Agreement - Hickory Park 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. 4 COUNTY Sto
ry
PROJECT RAW Well Water Transmission Line Project
SELLER: Hickory Park Inc. an Iowa Corporation
THIS AGREEMENT made and entered into this q day of 2008,by and between Hickory Park Inc.
hereinafter referred to as the"Seller"and City of Ames, IOW A, 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 20'Permanent Easement:A strip of land 20.0'in width across the east one-half of the Southwest Quarter of Section
12,Township 83 North,Range 24 West of the 5'P.M.City of Ames,Story County,Iowa being situated 10.0 feet on
each side of the following described centerline:beginningat a point on the North right of way line South 16'Street
which is 50.0 feet N00° 24'56"W and 356.90 feet S89°39'17"E of the Southwest corner of the Southeast Quarter of
the southwest Quarter of said Section 12:Thence N26°36'03"E, 139.84 feet:thence NO2°58'11"E,240.28 feet:thence
N00003'53"W, 2204.00 feet to the point on the North line of the Southwest Quarter of said Section 12 and there
terminating. Containing 1.19 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 water main and a temporary easement for access to the construction area,
running 20 feet north,parallel and adjacent to the right of way line of 16'street,from 30 feet east of the entrance from
16'St.west to the construction limits of the RAW 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
$ 13,275.00 on possession and conveyance
$ 13,275.00 TOTAL LUMP SUM
Breakdown Ac.ISq.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 1.19 AC
Temporary Easement 3.30 AC
Temporary Easement 0.17 AC (Temp.Access)
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: Gene Roberts
DISTRIBUTION: TWO COPIES RETURNED TO BUYER--ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 4 COUNTY Story
PROJECT-RAW Well Water Transmission Line Project
SELLER: Hickory Park Inc 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 Seiler 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 Seiler.
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 A
Page 3
PARCEL NO. 4 COUNTY Storms
PROJECT RAW Well Water Transmission Line Project
SELLER: Hickory Park Inc. an Iowa Corporation(Dave Wheelock)
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.
Dave Wheelo
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 8 day of September ,A.D.2008,before me, Pi4 Es 7-
the undersigned, a Notary Public in and for said State, personally Corporate Seal is affixed
appeared No Corporate Seal rocured
Dave Wheelock PARTNER(s): p
Limited Partnership
General Partnership
X to me personally known _ ATTORNEY-IN-FACT
or EXECUTOR(s)OR TRUSTEE(s)
_proved to me on the basis of satisfactory evidence r GUARDIAN(s)OR
CONSERVATOR(s)
to be the person whose name is subscribed to the within instrument and , — OTHER
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the
entity upon b alf of which the persoA acted,executed the instrument. SIGNER IS REPRESENTING:
(Sign in Ink) List name(s)of person(s)or entity(ies)
D4 0 (Print/Type Name) Dave Wheelock, President of Hickory Park
otary Public in and for the State of Iowa Inc.
Oonwr sal no Number 747629
My Commissicn E�fplres
BUYER'S ACKNOWLEDGMENT
STATE OF Iowa , COUNTY OF Story , ss:
On this do— day of �� f/ti ,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 Z
Notary Public in for he State of Iowa
Recommended by: 9/(Date ay,�a� JILL L. RIPPERGER
cquisition Agent ` COMMISSION#146549
MY COMMISSION EXPIRES
Recommended b (Date)
ity of Ames, Iowa
EXHIBIT
R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF EASEMENT
S89'13'14"E
75.01' . � Survey Description - 20' Permanent Easement:
S89'1 '14"E 1702.64' ?;;' s89'13'14"E 831.31' A strip of land 20.00 feet in width across the
` East one-half of the Southwest Quarter of
_//' Section 12. Township 83 North, Range 24 West
%1/4 CORNER CENTER of the 5th P.M., City of Ames, Story County,
SEC. 1'-83-24 SEC. 12-83-24 Iowa being situated 10.00 feet on each side
of the following described centerline:
Beginning at a point on the North right of
way line of South 16th Street which is 50.00
feet N00 '24'56"W and 356.90 feet S89'39' 17"E
75' TEMPORARY of the Southwest Corner of the Southeast
EA MENT 50Va�I,.'A Quarter Of the Southwest Quarter Of said
25' p�Y /Are W63- Section 12. thence N26'36'03"E, 139.64 feet;.
thence NO2'5B' 11"E, 240.28 feet. thence
NOO '03'53"W, 2204.00 feet to a point on the
North line of the Southwest Quarter of said
TEMPORARY Section 12 and there terminating, containing
EASEMENT 1. 19 acres.
h 195490.33 SO FT
N o 4.49 ACRES Survey Description - Temporary Easement:
o tD A strip of land of varying width across the
u rn East one-half of the Southwest Quarter of
NOo•03'53"W u Section 12, Township 83 North, Range 24 West
2204.00' 3 of the 5th P.M., City of Ames, Story County,
W Iowa being more particularly described as
m follows: Beginning at a point on the North
o to right of way line of South 16th Street which
is 50.00 feet N00 '24'56"W and 301. 14 feet
z o S89'39' 17"E of the Southwest Corner of the
N Southeast Quarter of the Southwest Quarter
of said Section 12; thence N26'36'03"E,
PERMANENT 154.04 feet; thence NO2'58' 11"E, 228.50 feet;
EASEMENT thence N00'03'53"W, 2203.27 feet to a point
51679.51 SO FT on the North line of the Southwest Quarter of
1. 19 ACRES said Section 12; thence S89'13' 14"E, 75.01
feet along said line; thence S00 '03'53"E,
2298.60 feet; thence S02'5B' 11"W, 152.90 feet;
thence S26'36'03"W, 131.32 feet; thence
20' PERMANENT N89'39' 17"W, 89.20 feet to the point of
EASEMENT beginning, containing 4.49 acres.
(10 EA. SIDE)
A
Survey Description - 20' Access Easement:
LG• The North 20.00 feet of the South 70.00 feet,
except the East 558.73 feet thereof, in the
3 No '58.11"E Southeast Quarter of the Southwest Quarter
2s.5o' of Section 12, Township 83 North, Range 24
tooNo2.5a'11"E West of the 5th P.M., City of Ames, Story
:qo N26.36'03"E 240 28' County, Iowa lying East of the previously
P6 1 9.84' S02.5e'11"W described 20' Permanent Easement,
otO N26'36'03"E 152.90' containing 0. 17 acres.
O 1 4.04' 20'
Z ACCESS
S89'39'17"E EASEMENT
301.14' a;
ROW LINE
356.90' 558,73'
69.20'` _ -._.__.S_...._._.1,6TH...._STREET_ ......_._......... ._.
>' S26'36'03"W
311.39 r S1/4 CORNER
SW CORNER SEC. 12-83-24
SE1/4. SWi/4
SEC. 12-83-24
GRAPHIC SCALE 1"=400 ' PROPRIETOR: HICKORY PARK, INC.
SURVEY REQUESTED BY: FOX ENGINEERING
0 400 800 1200 CITY OF AMES, IOWA RAW WATER MAIN
Certification: I hereby certify that this land surveying
document was prepared and the related survey work was performed PQ,pLEY S.I
by me or under my direct personal supervision and that I am a 0 � CENs�o
duly licensed Land Surveyor under the laws of the State of Iowa. Q p
4e &4k_1 a-�- Date:
R. Bradley Stumb License #17161
My license renew 1 date is December 31. 2009 <q IOWA y0Q
Job #16018 HICKORY Date: 7/18/08 Page 1 of 1 SUM4