HomeMy WebLinkAboutA004 - ISU Research Park Improvement - Parcel No. 4 a t:2 5- iii ins,rum_n, �)1_ 11.111]85
N Date:Nov 1672015 11:17:06A
D Rey: Fee: 25.00 E-Cam Fee: 1.00
Aud Fee. .N Trans Tax.: .00
Rey: Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story Counts: Iowa
Return to: (env) Stacie L. Herridget County Recorder
Ames City Clerk
Box 811
Ames IA 50010
Return to and Prepared by: Ryan K.Gurwell,A&R Land Services,1601 Golden Aspen Dr.,Suite 105,Ames,IA 50010 (515)337-1197
PURCHASE AGREEMENT
PARCEL NO. 4 COUNTY Story
PROJECT ISU Research Park Improvement CITY Ames
SELLER: Erben Hunziker and Margaret Hunziker Apartments,L.L.C.
THIS AGREEMENT made and entered into this day of U g C-)J+ ,20 5,by and between Seller and the CITY OF
AMES,IOWA,Buyer.
la. 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 and a temporary construction easement,hereinafter referred to as the premises,situated in parts of the
following:
Part of the South Half(S1/2)of the Northwest Ouarter(NW1/4)of Section Twenty-two(22).Township Eighty-
three(83)North,Range Twenty-four(24)West of the 5th P.M.,
County of Story,State of Iowa,and more particularly described on Pages 4=7,including the following buildings,improvements
and other property:
All land,trees,shrubs,landscaping and surfacing attached to the premises sought and described herein.
lb. Said Temporary Construction 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. The premises being purchased
in fee also includes all estates,rights,title and interests,including all easements,and all advertising devices.
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. SELLER MAY surrender possession of the premises or building or improvement 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 collect.
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
$ 0.00 on conveyance of title
$ 0.00 on surrender of possession
$ 870.00 on possession and conveyance 60 days after Buyer approval
$ 870.00 TOTAL LUMP SUM
Breakdown Ac./Sa.Ft.
Land by Fee Title 4,342 sq.ft. Fence: rods woven
Underlying Fee Title sq.ft. Fence: rods barbed
Permanent Easement sq.ft.
Temporary Easement 3,744 sq.ft.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
- -1-af-T
5. SELLER WARRANTS that there are no tenants on the premises holding under lease except:None.
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 the Code of Iowa,and agrees to warrant good and sufficient title.Names and addresses of lienholders are:
None
7. Buyer may include mortgagees,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.
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 j oint 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. 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 the Code of Iowa,Section 613.52.
11. 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.
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.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
.p-�bti�-ffF 7
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.
ERBEN HUNZIKER AND MARGARET HUNZIKER
APARTMENTS,L.L.C.
(` 0 —5- — X
Dean 41unziker,Manager
105 S. 16th St.
Ames,IA 50010
(Mailing Address)
(NOTARY PUBLIC.•PLEASE COMPLETE LEFT AND RIGHT SIDES)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT j CAPACITY CLAIMED BY SIGNER:
STATE OF IOWA } j ❑ INDIVIDUAL
COUNTY OF STORY } ss: j ® CORPORATE
Title(s)of Corporate Officer(s):
On this day of I A.D. 20 fi`,,before me,the Manager
undersigned,a Notary Public in an for said State,personally appeared ❑Corporate Seal is affixed
Dean Hunziker,Manager ❑No Corporate Seal procured
❑ to me personally known ❑PARTNER(s):
or ®proved to me on the basis of satisfactory evidence to be the person(s) ❑ Limited Partnership
whose name(s)is/are subscribed to the within record and acknowledged to me that ❑ General Partnership
he/she/they executed the same in his/her/their authorized capacity(ies),and that by ❑ATTORNEY-IN-FACT
his/her/their signature(s)on the record the person(s),or the entity upon behalf of ❑ EXECUTOR(s)or TRUSTEE(s)
which the person(s)acted,executed the record. ❑ GUARDIAN(s)or CONSERVATOR(s)
❑ OTHER:
r�
(Sign in Ink) SIGNER IS REPRESENTING:
Signature of Notary Public List name(s)of entity(ies) or person(s)
j Erben Hunziker and Margaret Hunziker
JAIRYAN K. GURWELL Apartments,L.L.C.
"-,Commission Number 703655
My, rramis$ip,J Expires
Buyer' s Approval
Recommended by: -Ryan K. Gurwell, Projec anager (Date)
Approved by: Ann C mpbell, Mayor (Date)
Buyer's Acknowledgement
STATE OF IOWA }
COUNTY OF STORY } ss:
On this _I day of 110V C vNI �f V- 20 t _� before me, the unders i gned, persona I I y
appeared Ann Campbell, known to me to be the Mayor and authorized representative of the Buyer and
who did say that the record was signed on behalf of the Buyer by its authority duly recorded in
its minutes, and said authorized representative acknowledged the execution of the record, whose
signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily
executed.
��RWs mill L. Ripperger
a � Commission 14
� mission Number 146549 a(
Idly Commissio nEx fires
iowA Signature of Notary Public
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
User:JWWINTE Drawing:P:\Projects\DM\4144750\Deliverables\Drawings\dwg\AcquisitionPlats\AP.14.dwg;AP14.01 Last Modified: Nov.09, 15-08:07
ACQUISITION PLAT
FEE SIMPLE RIGHT-OF-WAY
UNIVERSITY BOULEVARD
POINT OF COMMENCEMENT
FOUND 112" IRON ROD NW COR SW
1/4, NW 1/4, SEC 22, T83N, R24W
S 89036'19" E 33.00'
.6 89'36'19" E 64.01
POINT-OF-BEGINNING j
p o R-O-W 3
4342 SQ.FT.
°'1 0.100 ACRES
Qcy'
W =
J � M tiN
� N ^�.
Oo
M
m z I N o0
00
1 o ry�
z
(1�
W
Z
FOUND 3/4" IRON ROD
WEST 1/4 COR,
SEC 22, T83N, R24W
LEGEND:
MONUMENT FOUND AS NOTED
PROPOSED MONUMENT O
SECTION LINE — — — —
EXISTING ROW LINE — R/W
ROW LINE TEMPORARY — — — — — — —
EASEMENT LINE TEMPORARY T/E
EASEMENT LINE PERMANENT P�
ROW LINE FEE SIMPLE R
ACQUISITION AREA
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
A N D S� PREPARED AND SHE RELATED SURVEY WORK WAS PERFORMED
BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT
I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
l�C7 G••: THE STA OF IOWA.
0 10 20 40 F -g rc MURRAY B. o•' SIGN E: DATE:
• J ' BERTING NAME: MURRAY B. BERnNG
SCALE IN FEET 13148 LICENSE NUMBER: 13148
MY LICENSE RENEWAL DATE IS: DECEMBER 31, 2016
•'CLIENT: CITY OF AMES, IOWA PAGES, SHEETS OR DIVISIONS COVERED BY THIS SEAL- 1 OF 2
2OF2
515 CLARK AVENUE /OW PA '
AMES,IOWA 50010 ••••••
CLIENT NO. 292-8192-439 320-8192-439 RM-0155(686)--90-85
ACQUISITION R-O—W 3 PROJECT NO.
.,
[�v ERBEN S MARGARET HUNZIKER, HUNZIKER 4144750
S H I v\,E��ATT E! �. 1 APARTMENTS LLC AMES, IOWA
AiRCHITEC 'u U R E + E N G I N E E R I N G DATE 03/04/15 SCALE SHEET NO.
Iowa I Illinois I Indiana I Missouri http://www.shive-hattery.mm DRAWN JWW FIELD BOOK 1 of 2
4125 WESTOWN PARKWAY,SUITE 100,WEST DES MOINES,IA 50266(515)223-8104 APPROVED REVISION
Pq 4
User: JWWINTE Drawing: P:\Projects\DM\4144750\Deliverables\Drawings\dwg\AcquisitionPlats\AP.14.dwg ;
Last Modified: Mar. 13, 15 - 13:01
ACQUISITION PLAT
FEE SIMPLE RIGHT-OF-WAY
UNIVERSITY BOULEVARD
FEE SIMPLE RIGHT-OF-WAY DESCRIPTION R-O-W 3:
A PARCEL OF LAND LYING ENTIRELY WITHIN AND FORMING A
PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 22, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH
PM NOW IN AND FORMING A PART OF THE CITY OF AMES, STORY
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4 SAID SECTION 22;
THENCE SOUTH 89°36'19" EAST, ALONG THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 22,
FOR A DISTANCE OF 33.00 FEET TO THE POINT-OF-BEGINNING;
THENCE CONTINUING SOUTH 89°36'19" EAST, ALONG THE NORTH
LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 22, FOR A DISTANCE OF 64.01 FEET;
THENCE SOUTH 25°00'00"WEST, FOR A DISTANCE OF 149.22 FEET
TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY
BOULEVARD,-
THENCE NORTH 00°23'53"WEST, ALONG SAID RIGHT-OF-WAY LINE,
FOR A DISTANCE OF 135.68 FEET TO THE POINT-OF-BEGINNING.
CONTAINING 4342 SQUARE FEET (0.100 ACRES) MORE OR LESS.
CLIENT: CITY OF AMES, IOWA
515 CLARK AVENUE
AMES,IOWA 50010
CLIENT NO. 292-8192-439 320-8192-439 RM-0155(686)--90-85
ACQUISITION R-O-W 3 PROJECT NO.
4144750
H I V C�I ATT C RY ERBE APARTMENTS LLC AMES, I�OWAZIKER
A R C H I T E C T U R E + E N G I N E E R I N G DATE 03/04/15 SCALE SHEET NO.
Iowa I Illinois I Indiana I Missouri http://w .shive-hattery.mm DRAWN JWW FIELD BOOK 1 A of
L
A
APPROVED REVISION