HomeMy WebLinkAboutA002 - Purchase Agreement Instrument:2014- 00010401
M Date:Noy 200014 11:44:36A
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Filed for record in Story Countyr Iowa
Susan L. Vande Kamp► County Recorder
PREPARED BY: Ryan K.Gurwell,A&R Land Services, Inc., 1601 Golden Aspen Dr.,Suite 105,Ames,IA 50010 (515)337-1197
TAXPAYER: Liberty Court, L.L.C., 506 E.Gold Coast Road,Suite 400,Papillion,NE 68046
FOR: City of Ames, Iowa,City Hall,515 Clark Ave.,Ames, IA 50010 (515)239-5101
RETURN TO: A&R Land Services, Inc., 1601 Golden Aspen Dr.,Suite 105,Ames, IA 50010 (515)337-1197
Page 1
PURCHASE AGREEMENT
PARCEL NO. 1 CITY Ames
PROJECT Ames Water Treatment Plant COUNTY Story
SELLER: Liberty Court, L.L.C.
THIS AGREEMENT made and entered into this �LI day of ��l��iN1LJ , 201, by
and between Seller and the CITY OF AMES, IOWA, Buyer.
1. SELLER AGREES to sell and furnish to Buyer an easement, on form(s) furnished by Buyer, and Buyer
agrees to buy the following easement, hereinafter referred to as the premises:
A perpetual easement for water main right-of-way, including the right to enter, reenter, construct, maintain,
repair, and replace a water main, together with the necessary appurtenances, and a temporary easement
for a water main, includingthe to enter, reenter, and construct a water main, AND a perpetual
easement for a recreational trail, including the right to enter, reenter, construct, maintain, repair, and
replace a recreational trail, together with the necessary appurtenances, and a temporary easement for a
recreational trail, including the right to enter, reenter, and construct a recreational trail, in the County of
Story, State of Iowa, and more particularly described on Pages 4, 5 and 6 , including:
Said Temporary Easement shall terminate upon completion of the construction of this project and
acceptance of the project by the City Council. 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, except that Seller reserves any claim for
any damages to the property during construction.
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. Buyer shall exercise due care in
entering or reentering the premises and shall compensate the Seller for actual damages caused to the
premises or to Buyer's remaining property. Upon completion of construction, Seller may assume full use
and enjoyment of the premises, except the Seller shall not construct permanent improvements within the
perpetual easement area.
3. Buyer agrees to pay and SELLER AGREES to grant this easement as shown on or before the dates listed
below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$ on conveyance of title
$ on surrender of possession
$ 54,131.00 on possession and conveyance 60 days after Buyer approval
$ 54,131.00 TOTAL LUMP SUM
BREAKDOWN ACRES
Land by Fee Title ---
Permanent Easement 4.18
Temporary Easement 8.36
4. Names and addresses of lienholders are: None
DISTRIBUTION: TWO COPIES RETURNED TO BUYER --ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 1 CITY Ames
PROJECT Ames Water Treatment Plant COUNTY Story
SELLER: Liberty Court, L.L.C.
5. If requested to do so, SELLER will deliver to Buyer an abstract of title to the premises. SELLER AGREES
to provide such documents as may be required to convey merchantable title to the 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.
6. SELLER WARRANTS that there are no tenants on the premises holding under lease except:
7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or
require relocation by 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
the and constructing and maintaining said fence. Seller may pasture against said fence at his/her own risk.
Buyer will not be liable for fencing private property or maintaining the same to restrain livestock.
8. Buyer shall exercise due care in entering or re-entering said real estate, and shall compensate the Seller for
actual damages caused to said real estate or to Seller's remaining property. The Buyer shall pay for all
damages to lawns, landscaping, roads and driveways, fences, livestock, crops, fields, drain tile, crop loss
reduction in yield due to compaction or other factors, and other property caused by the construction or
maintenance of said water main. For crop damages, the Buyer agrees to pay the owner of the crop 100%of
the crop damaged area for the construction year based on average yield and local grain prices during the
construction year. After construction, the Buyer agrees to assess the damaged area, and pay for the actual
compacted area based on actual future reduction in yield due to compaction. Payment for all of the
above-referenced damages in this paragraph shall be paid by the Buyer after an assessment has been
completed of the actual damaged area, and adjustments shall be made as necessary based on any current
agricultural leases. Upon completion of any construction, reconstruction, repair, enlargement or
maintenance of any water main or any appurtenance thereto, the Buyer shall restore the Easement Area
and Temporary Easement Area in good and workmanlike manner. In agricultural areas,the land within the
easement area will be tilled and returned to a condition suitable for continued farming; and in urban areas,
restoration of lawns by seeding to a condition comparable to its condition before construction. It is
anticipated that seeding will be completed shortly after substantial completion of the construction project, as
weather permits, and that lawns will return to near preconstruction condition within 3 years of construction.
The Seller will be responsible for watering of new grass, if necessary, after seeding is complete.
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 the Code of Iowa.
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 by Section 6B.52 Renegotiation of
Damages of the Code of Iowa.
12. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste
disposal site, hazardous substance, nor underground storage tank on the premises described and sought
herein, except: None known
13. Area restoration and reconstruction of fencing removed for construction purposes shall be done by the
Buyer at the Buyer's expense.
14. Pages 4, 5 and 6 of this Purchase Agreement graphically illustrate and legally describe the proposed
easement areas. It is understood and agreed that the Registered Land Surveyor's Plats, which will be
attached to the future conveyance document, will supersede and replace the attached document as the
accurate and correct plats of the property rights being conveyed. Should the Land Surveyor's Plats
indicate a slightly greater or lesser acreage/square footage to be conveyed than that shown on Page 1 of
this agreement, the payment due the Seller, if any as shown on Page 1 of this agreement, will be increased
or decreased accordingly and shown on the future conveyance document. Seller hereby waives any
increased or decreased payment of less than $50.00.
15. 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.
16. Each page and each attachment is by this reference made a part hereof and the entire agreement consists
of 6 pages.
Page 3
PARCEL NO. 1 CITY Ames
PROJECT Ames Water Treatment Plant COUNTY Story
SELLER: Liberty Court, L.L.C.
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.
LIBERTY COURT, L.L.C.
St . Petersen, klember
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF } INDIVIDUAL
COUNTY OF }ss: I CORPORATE
On this day of _°��, ' i A.D. 20� Title(s)of Corporate Officer(s):
a_
before me, the undersigned, a Notary Public in and for said State,
personally appeared Corporate Seal is affixed
Steven O. Petersen No Corporate Seal procured
PARTNER(s):
to me personally known Limited Partnership
or 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 i EXECUTOR(s)or TRUSTEE(s)
record and acknowledged to me that he/she/they executed the I GUARDIAN(s)or CONSERVATOR(s)
same in his/her/their authorized capacity(ies), and that by I OTHER:
his/her/their signatures(s) on the record the person(s), or the
entity(ies) upon behalf of which the person(s) acted, executed the SIGNER IS REPRESENTING:
record as his/her/their voluntary act and deed or the voluntary act List name(s)of entity(ies)or person(s)
and deed of said entity by it voluntary executed.
Signature of ary Public
RYAN K. GURWELL
Commission Number 703655
My?0/ t 1 ssip 1 Expires
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA ,
COUNTY OF STORY , ss: ��!!
On this /d)u— day of lyawi»z� , 20 14 before me, the undersigned, personally appeared
Ann Campbell, known to me to be the Mayor of Buyer and who did say that said record was signed on behalf of
Buyer by its authority duly recorded in its minutes, and said acknowledged the execution of said record, which
signature appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily executed.
1 �uf Jill L. Ripperget
a Commission Number 146549
* , r My Commission Expires
Aiow� _ Signature of Notary ubli
BUYER'S APPROVAL
BY ,,,% '� Date: / 1
Recommended by: Ryan K. Gurwell, Project Ma/�ager
BY G�-'' I CGS [mac C.�=/ Date:
Approved by: Ann Campbell,Xlayor
City of Ames,,Iowa
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