HomeMy WebLinkAboutA001 - Purchase Agreement VZt/ • - 00007948
Instrument.2014
M Date:Sea 05►2014 09:56:37A
D Rey. Fee: 15.00 E-Com Fee: 1.00
Aud Fee: .00 Trans Tax: 00
Rey_ Management Fee: 1.00
Won-Standard Page Fee: .00
-:r Filed for record in Story COUntyr Iowa
c Susan L. Vande Kama, County Recorder
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01,
ti RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010
v Prepared by: JCG Land Services, Inc., 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698
z For: City of Ames, Iowa, City Hall, 515 Clark Ave., Ames, IA 50010 (515)239-5101
H Pagel
o PURCHASE AGREEMENT
U
PARCEL 23 COUNTY Story
o PROJECT ROAD Grant Avenue
ESELLER: Roger Hamblin and Lori Hamblin,trustees of the Roger and Lori Hamblin Revocable Trust
H dated November 15, 1990
THIS AGREEMENT entered into this u,4 tt' day of C- , 2014, by and between Seller and the City of
Ames, Iowa, Buyer.
1 a. 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:
A Parcel "E" in the Southwest Quarter (SW 1/a) of the Southwest Quarter (SW 1/a) of Section Twenty-two
y (22), Township Eighty-four(84) North, Range Twenty-four (24) West of the 51h P.M.,
~ In Story County, Iowa, and more particularly described on Page 4, including the following buildings,
improvements and other property:
3 The West 33.00 Feet Of Parcel `E' In The Southwest Quarter Of The Southwest Quarter Of Section 22
Township 84 North, Range 24 West Of The Fifth Principal Meridian, Story County, Iowa As Shown On The
Plat Of Survey Recorded In Slide 12, Page 3 Also Indexed As Instrument Number 98-17594.
a
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z Commencing at the Southwest corner of said Section Twenty-two (22) and the Southwest corner of said
H
Parcel "E"; thence South 89°25'49" East along the South line of said Parcel "E", 33.00 feet to the point of
beginning; thence North 00°03'58" East along the East Right of Way of Grant Avenue, 69.47 feet; thence
South 89°56'02" East,70.00 feet;thence South 00°03'58"West,70.00 feet to the South line of said Parcel"E";
thence North 89°25'49"West along said South line, 70.00 feet to the point of beginning and containing 0.11
z acres (4,885 square feet)
3 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.
2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and
oenjoyment of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate
z 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
ae which he has hereinafter agreed to do so,and agrees to give Buyer ten (10)days notice of Seller's intention to
w do so by calling Buyer.
9a
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3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title, and surrender
r 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
$ 1,500.00 on possession and conveyance 60 days after Buyer approval
$ 1,500.00 TOTAL LUMP SUM
Breakdown Ac./Sg.Ft.
Land by Fee Title Ac. Wit.
Underlying Fee Title 0.41 Ac. S,-€4-.
Permanent Easement 0.11 Ac.-Oq-.F4
Temporary Easement Ac. Wit.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
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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 attorney fees. 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. 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.
13. Buyer agrees to reconstruct the entrance at it's present location.
14. Buyer agrees not to disturb or remove row of Bush poplar Trees on South side of driveway down to
Station 120+00. It is understood that the Bush Poplar Trees on the far South end of the property starting at
Station 120+00 to approximate Station 118+22 will be removed and landowner will be reimbursed for the
loss of these Bush Poplar trees.
15. Buyer agrees to replace field entrance gate "in like kind"where it is presently located for field entrance at
no cost to the seller.
16. Buyer also agrees to 3 replace trees located in the Storm Sewer easement area "in like kind" if these trees
are to be removed at no cost to seller.
17. Seller is aware that the landscaping in ROW area around culvert will be removed and landowner will not
be reimbursed for the removal of these landscaping materials. Landowner has been contacted regarding
the removal of these items and landowner understands that there will be no reimbursement for these
items if not removed by seller.
18. Buyer agrees to replace fence along front of property"in like kind" upon sellers request. If seller does not
want the fence replaced, buyer will not reimburse seller for the loss of fence and will not charge landowner
for removal.
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.
Roger Hamblin, Trustee Lori Hamblin, Trustee
415846rant Avenue
Ames, Iowa 50010
This section to be completed by a Notary Public.
Both columns must be completed.
CAPACITY CLAIMED BY SIGNER:
SELLER'S ACKNOWLEDGMENT I _ INDIVIDUAL
STATE OF Iowa } I CORPORATE
COUNTY OF Story }ss: I Title(s)of Corporate Officer(s):
On this-1 day of A.D. 2014, before me,the
undersigned, a Notary PuRl in and for said State, personally appeared I _ Corporate Seal is affixed
Roger and Lori Hamblin Trustees 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
ATTORNEY-IN-FACT
to be the person(s)whose name(s)is/are subscribed to the within instrument and I X 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 behalf of which the person(s)acted,executed the
instrument. I SIGNER IS REPRESENTING:
I List name(s)of entity(ies)or person(s)
fltw _ (Sign in Ink) I Roger Hamblin-Trustee
Lori Hamblin-Trustee
Steven Scott Camp (Print/Type Name)
I
tary Public in and for the State of Iowa
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my Com
n rces
BUYER'S APPROVAL
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eco mended by. Right of Way Project Agent (Date)
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Approved by: M61T►- ,City of Ames, (Date)
Buyer's Acknowledgement
STATE OF IOWA }
COUNTY OF STORY } SS:
On this day of L�S� C)_0 I+ , before me, the and rsigned, personally
appeared A eA N 1 - . (,-, e� known to me to be the
of the Buyer and who did say that the instrument was signed on behalf of the Buyer4 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
ex �.t - iAM R. Yoss
9110WAMIN Number 134019 J
-
Notary Public in and for the State of Iowa
(NOTARIAL SEAL)
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