HomeMy WebLinkAboutA008 - Purchase Agreement - Mildred M. Lange 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. 5 COUNTY Story
PROJECT NO. RA W Well Water Transmission Line Project
SELLER: Mildred M. Lange ( Diane Schulte Attorney-In-Fact)
THIS AGREEMENT made and entered into this 2 day 2008, by and between MildredLangec/o
Diane Schulte,hereinafter referred to as the"Seller"and City f 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:
East Y2 of the NW'/ of Section 12 Township 83 North Range 24 West of the 5' P.M.
County of Story, State of Iowa, and more particularly described on the attached copy of the
Acquisition Plats for Seller's property marked Exhibit"A"on Page 4 and Exhibit"B"on Page 5 of
this Agreement, including:
Temporary Easement for the installation of water main
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
$ 17,380.00 on possession and conveyance 30 days after Buyer Approval
$ 17,380.00 TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title Fence: rods woven
Underlying Fee Title Fence: rods barbed
Permanent Easement 1.19Ac.
Temporary Easement 3.28Ac.
Permanent Easement 0.10Ac. (Access)
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:
Property leased to Lowell Kingsbury
DISTRIBUTION: TWO COPIES RETURNED TO BUYER--ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 5 COUNTY Story
PROJECT NO. RA W Well Water Transmission Line Project
SELLER: Mildred M. Lange ( Diane Schulte Attorney-In-Fact)
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 the 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. 5 COUNTY Story
PROJECT NO. RA W Well Water Transmission Line Project
SELLER: Diane Schulte (Power of Attorney for Mildred M Lanese)
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.
C'
Diane Schulte (Power of Attorney for Mildred M. Lange)
ALL PURPOSE ACKNOWLEDGMENT { CAPACITY CLAIMED BY SIGNER:
STATE OF Iowa } { INDIVIDUAL
COUNTY OF MW SAC }ss: { _ CORPORATE
{ Title(s)of Corporate Officer(s):
On this 5 _day of August , A.D. 2008, before me,the {
undersigned, a Notary Public in and for said State,personally appeared { Corporate Seal is affixed
Diane Schulte, Attorney—in—Fact for { No Corporate Seal procured
Mildred M. Lange { PARTNER(s):
{ Limited Partnership
X to me personally known ( 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* whose name(V is/M&subscribed to the within { CONSERVATOR(s)
instrument and acknowledged to me that ICE/she/tlyey executed the same { X OTHER(Power of Attorney)
in t)s/her/trwir authorized capacity/(ies), and that by hi /herlfbA jr {
signature(s)on the instrument the person($),or the entity upon behalf of {
which the person(s)acted,executed the instrument. { SIGNER IS REPRESENTING:
(Sign in Ink) { List name(s)of person(s)or entity(ies)
(Print/Type Name) I Mildred M. Lange=-tb ComstockNotary
Public in and for the State of
nTNITH COMSTOCK
MMISSION NO. 137314
COMMISSION EXPIRES
p� Od
BUYER'S ACKNOWLEDGMENT
STATE OF Z"oin/,1, COUNTY OF 5 7-6 e ,ss:
On this__._19. day of Se ( , 20",before me,the undersigned,a Notary Public in and for
the State of Iowa, personally appeared e'l7m , known tome to be the_
/ref y4 zz 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
Iva 7-WR y P!1,e41C �9N Fp R 7NE ayA'r6 0�.TowB
d1�LL L RIPPERGER
COMMISSION#146549
Recommende y: &U C6 (Date) " MY COMMISSION EXPIRES
IOWA
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Recommended by���!�/ l��ty� (Date)
R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF EASEMENT
N1/4 CORNER
NW CORNER FOUND 'X' CUT
SEC. 12-83-24 IN CONCRETE
FOUND SURVEY
MARKER E. LINCOLN WAY (ROW VARIES)
N89'36'46"W 2600.89'
POINT OF S00.21'50"E
S07'49'ii"W BEGINNING 60.01,
20.17' N89'36'46"W 180.00'
75' ROW LINE N89'36'46"W 207.31' 88.98' ���—S00'23'14"Wv
_ _...........__._... ___ ____...._ _______..................._._.
N89'36'46"W 15.00'
S89'36'46"E 209.92' NO 20 00 4"E
ACCESS
EASEMENT s A
/ 4172.21 SO FT h -�� '��-t3j'a
0. 10 ACRES c,EC 1
Survey Description - 20' Access Easement:
A part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 83 North,
Range 24 West of the 5th P.M., City of Ames, Story County, Iowa being more particularly
described as follows: Commencing at the North Quarter Corner of said Section 12; thence
S00 '21'50"E, 60.01 feet along the East line of the Northwest Quarter to a point on the
South right of way line of East Lincoln Way; thence following said line N89'36'46"W,
180.00 feet; thence S00'23' 14"W, 15.00 feet; thence N89'36'46"W, 88.96 feet to the point
of beginning; thence continuing N69'36'46"W, 207.31 feet to a point on the East line of
an existing 20' Permanent Utility Easement: thence S07 '49' 11"W, 20. 17 feet along said line;
thence S89'36'46"E, 209.92 feet; thence N00 '23' 14"E, 20.00 feet to the point of beginning,
containing 0. 10 acres.
GRAPHIC SCALE 1"=100 '
PROPRIETOR: MILDRED LANGE
SURVEY REQUESTED BY: FOX ENGINEERING
0 100 200 300 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 PPpLEY STG
by me or under my direct personal supervision and that I am a 0 �ZCENSEo �o
duly licensed Land Surveyor under the laws of the State of Iowa. Q o
1' . Date: !F" 21 17161
R. Bradley Stumbo License #17161
My license renew 1 date is December 31, 2009 < 700 OQ
SUFNEy
Job #16018 LANGE ACCESS Date: 8/21/08 Page 1 of 1
R. BRADLEY STUMBO P. O . BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF EASEMENT
II
_. Ni/4 CORNER
_ _-
N89'36'46"W 2115.31' 485.51 SEC. 12-83-24
.._ . _ E. LINCOLN WAY NB9'36'46'W FOUND 'X' CUT
___...... .. __.____.__ __ _ .r- _ ..._. IN CONCRETE
'75' ROW LINE S00'23' 14"W
NW CORNE 75.00'
SEC. 12- 3-24
FOUND SU VEY
MARKER
SURVEY DESCRIPTION: 20' PERMANENT EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH ACROSS
THE EAST ONE-HALF OF THE NORTHWEST QUARTER
OF SECTION 12, TOWNSHIP 83 NORTH, RANGE 24
WEST OF THE 5TH P.M., CITY OF AMES, STORY
TEMPORARY— ,\�� COUNTY,. IOWA BEING SITUATED 10.00 FEET ON
EASEMENT EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE: BEGINNING AT A POINT ON THE
4 SO FT Y
194712. 8 � WAY LINE OF LINCOLN WA
. SOUTH RIGHT OF
4.47 ACRES \��4 WHICH IS 485.58 FEET N89'36'46"W AND 75.00
C, FEET S00 '23' 14"W OF THE NORTH QUARTER
% CORNER OF SAID SECTION 12; THENCE S07'49' 11"W,
2596.25 FEET TO A POINT ON THE SOUTH LINE
75' TEMPORARY 0 SAID SECTION
EASEMENT
OF THE NORTHWEST QUARTER F
12, AND
THERE TERMINATING, CONTAINING 1. 19
50' ACRES.
25'
S07'49' 11"W SURVEY DESCRIPTION: 75' TEMPORARY EASEMENT:
2596.25' A STRIP OF LAND 75.00 FEET IN WIDTH ACROSS
THE EAST ONE-HALF OF THE NORTHWEST QUARTER
OF SECTION 12, TOWNSHIP 83 NORTH, RANGE 24
WEST OF THE 5TH P.M., CITY OF AMES, STORY
20' PERMANENT COUNTY, IOWA BEING SITUATED 50.00 FEET
EASEMENT WEST AND 25.00 FEET EAST OF THE FOLLOWING
(10' EA. SIDE) DESCRIBED CENTERLINE: BEGINNING AT A POINT
ON THE SOUTH RIGHT OF WAY LINE OF LINCOLN
WAY WHICH IS 485.58 FEET N89'36'46"W AND
PERMANENT 75.00 FEET S00 '23' 14"W OF THE NORTH QUARTER
CORNER OF SAID SECTION 12: THENCE
EASEMENT S07.49' 11"W, 2596.25 FEET TO A POINT ON THE
" 51925.07 SO FT SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
1. 19 ACRES SECTION 12, AND THERE TERMINATING,
rY CONTAINING 4.47 ACRES.
V
CENTER
SEC. 12-83-24
/' N89.13 14"W 1752.70. N89'13'14"W 856.26' FOUND 1/2" REBAR
W1/4 CORN R W/ YELLOW CAP
SEC. 12-8 -24 #6586
FOUND 'X' CUT
IN CONCRETE MH STRUCTURE GRAPHIC SCALE 1 "=400 ' PROPRIETOR: MILDRED LANGE
SURVEY REQUESTED BY: FOX ENGINEERING
0 400 800 1200 CITY OF AMES, IOWA RAW WATER MAIN
Certification: .I hereby certify that this land surveying
LEY SrG
document was prepared and the related survey work was performed Q,Pp
by me or under my direct personal supervision and that I am a 0 \ZCENS
duly licensed Land Surveyor under the laws of the State of Iowa. Q o
17161
W. 4/�---�! Date: D
R. Bradley Stumbo Licen e #17161
My license renew l date is December 31. 2009 <q 100 pP
ND SLO
Job #16018 LANGE Date: 8/21/08 Page 1 of 1