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Home My WebLink AboutA002 - Purchase Agreement pt ,jJ Instrument:?214- il?:55:11 I'`'�/�l Date:5ap ti5,?i�14 tiq:5�:11A Yr0 Re,. Fee: 20.00 E-Com Fee: 1.00 Aud Fee: .00 Trans Tax: 00 Re,= Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Stori Countyr Iowa Susan L. Vande Kamp, County Recorder RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 Prepared by: JCG Land Services, Inc., 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698 For: City of Ames, Iowa, Pagel PURCHASE AGREEMENT PARCEL 12 COUNTY Story PROJECT ROAD Grant Avenue SELLER: LeRoy D. and Sue A. Sturges, husband and wife THIS AGREEMENT entered into this day of No LS 2014, by and between Seller and the City of Ames, Iowa, Buyer. 1a. 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, situated in parts of the following: Parcel "A" of the Northeast Quarter (NE '/) of the Southeast Quarter (SE '/) in Section Twenty-one (21), Township Eighty-four(84) North, Range Twenty-four(24)West of the 5t P.M., , In Story County, Iowa, and more particularly described on Pages 4, including the following buildings, improvements and other property: All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein . 1 b. The premises also includes all estates, rights, title and interests, including all easements. SELLER CONSENTS to any change of grade of the street and accepts payment under this agreement for any and all damages arising therefrom. 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 possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvements or any part thereof prior to the time at which he has hereinafter agreed to do so,and agrees to give Buyer ten(10)days notice of Seller's intention to do so by calling Buyer. 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 conveyance of title $ on surrender of possession $ 9,600.00 on possession and conveyance 60 days after Buyer approval $ 9,600.00 TOTAL LUMP SUM Breakdown Acres Land by Fee Title 0.47 Acres Underlying Fee Title 0.91 Acres Permanent Easement 0.10 Acres Temporary Easement Acres DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 2 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: 5. 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 the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: 6. Buyer may include mortgages, lienholders, encumbrancers and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay$150.00 for the cost of adding title documents required by this transaction to Seller's abstract of title. If requested to do so, SELLER WILL deliver to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of abstract continuation. SELLER AGREES to provide such documentation as may be required by Iowa Land Title Standards to convey merchantable title to Buyer. SELLER ALSO AGREES to obtain court approval of this agreement, if requested by Buyer, in the event 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 attorneyfees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require relocation by roadway construction shall be repaired or relocated at no expense to Seller. Where Buyer specifically agrees to construct and maintain fence,the fence shall be constructed and maintained for vehicle access control purposes only 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 and constructing and maintaining said fence. Seller may pasture against said fence at his own risk. Buyer will not be liable for fencing private property or maintaining the same to restrain livestock. 8. 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. 9. 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 the Code of Iowa. 10. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance, nor underground storage tank on the premises described and sought herein, except: 11. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required under Section 6B.52 of the Code of Iowa. 12. Buyer agrees to reconstruct the entrance at its present location. 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 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. LeRoy D. Stu ges Sue A. Sturges 4943 Grant Avenue Ames, Iowa 50010 This section to be completed by a Notary Public. Both columns must be completed. I I CAPACITY CLAIMED BY SIGNER: SELLER'S ACKNOWLEDGMENT I X INDIVIDUAL STATE OF Iowa } I CORPORATE COUNTY OF Story }ss: I Title(s)of Corporate Officer(s): On this day of ri ' A.D. 2014, before me,the I undersigned,a Notary Public A and for said State, personally appeared I _ Corporate Seal is affixed LeRoy and Sue Sturges I _ No Corporate Seal procured I _ PARTNER(s): to me personally known I _ Limited Partnership or X proved to me on the basis of satisfactory evidence I _ General Partnership I _ ATTORNEY-IN-FACT to be the person(s)whose name(s)is/are subscribed to the within instrument and I _ EXECUTOR(s)or TRUSTEE(s) acknowledged to me that he/she/they executed the same in his/her/their I _ GUARDIAN(s)or CONSERVATOR(s) authorized capacity(ies), and that by his/her/their signature(s)on the instrument I _ OTHER: the person(s),or the entity upon be a of which the person(s)acted,executed the instrument. I SIGNER IS REPRESENTING: C I List name(s)of entity(ies)or person(s) (Sign in Ink) I Self I Steven Scott Camp (Print/Type Name) I ry Public in and for the State of Iowa VMM SCOTT CAMP OOIIIII' ' i Number 7757667 My g-=q3 E/gires BUYER'S APPROVAL 7 "mended byA Right of Way Project Agent (Date) 444�0 to/ '?)-0??—I-� Approved by: Ma�or ,City of Ames, (Date) Buyer's Acknowledgement STATE OF IOWA } COUNTY OF STORY } SS: On this �i ' day of P�U t�S+ (' before me, the undersigned, personally appeared known to me to be the IU c{ (` of the Buyer and who did say that the instrument was signed on behalf of the B er by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. Diane R. Voss C l !,1AILLIE � aIIIMmissi Numbw i�ois Notary Public in and for the State of Iowa ( EAL /`1 s � F ACQUISITION PLAT AREA SUMMARY: DATE OF SURVEY: EXIST ROW = 0.91 ACRES (39,570 SQUARE FEET) SEPTEMBER, 2013 PROPOSED ROW = 0.47 ACRES (20.384 SQUARE FEET) TOTAL ROW = 1.38 ACRES (59,955 SQUARE FEET) I , FND 1/2" REBAR I I N89-39'29"E W/YELLOW CAP#16747 50.00' FND 3/4" PIPE E1/4 COR SEC 21-84-24 LEGAL DESCRIPTION: 66.00' I NE COR PARCEL 'A' THE EAST 50.00 FEET OF PARCEL 'A' AS SHOWN EXISTING ROW EASEMENT ON THE PLAT OF SURVEY RECORDED IN BOOK I 13, PAGE 249 ALSO INDEXED AS INSTRUMENT 50.00' NUMBER 96-05211 IN THE NORTHEAST QUARTER PROPOSED OF THE SOUTHEAST QUARTER OF SECTION 21, HALF ROW I I2 w �° TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN, STORY COUNTY, IOWA. I o W PROPERTY IS SUBJECT TO ANY AND ALL Q P��a S�L��N I < EASEMENTS OF RECORD. GF,��13 3 ^� SF , IMZZul Q N ' O a) a (D T r N CID FND 1/2" REBAR CD W/YELLOW CAP#16747 Z p SE CDR PARCEL 'A' FND 1/2" REBAR I I W/YELLOW CAP#16747 OU-TLOT X S89°46'57"W 117.86'(M&R) ROSE PRAIRIE 50.00' / FEE TITLE FND 3/4" PIPE— SCALE (FEET) SE CDR NE1/4 SE1/4 SEC 21-84-24 0 250' �a LEGEND: FOUND SET LL v I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS N a SECTION CORNER AS NOTED A A PREPARED AND THE RELATED SURVEYING WORK WAS H 1/2" REBAR, CAP #16747 PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND Qa N UNLESS OTHERWISE NOTED) • O LAND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE U PLATTED BEARING & DISTANCE P E� SU LAWS OF THE STATE OF IOWA. MEASURED BEARING & DISTANCE M Michael D. N a RECORDED BEARING & DISTANCE R LEE Nadu DEEDED BEARING & DISTANCE D 16747 * MUMBER D. LEE, P.L.S. DATE ARC LENGTH AL UCENSE NUMBER RENEWAL D MY UCENSE RENEWAL DATE IS DECEMBER 31,2014 z CENTERLINE - IOWA PAGES OR SHEETS COVERED BY THIS SEAL• oo� h S SECTION LINE —— THIS SHEET EASEMENT LINE —————— N�Q GRANT AVENUE-STREET AND STORM SEWER IMPROVEMENTS REVISION: PARCEL-12-LEROY D&SUE A STURGES o 3405 CROSSROADS DRIVE,SUITE G, CIVIL DESIGN ADVANTAGE GRIMES,IOWA 50111 !y o PH:(515)3694400 Fax:(515)3694410 _ z .R41 P�� y