HomeMy WebLinkAboutA006 - Purchase Agreement with Diane and Larry Schulte Instrument:2015- 00011355
M Date:Nov 23,2015 12:08:09P
D Rey. Fee: 50.00 E-Com Fee: 1.00
S Aud Fee: .00 Trans Tax: .00
r� Rer Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County, Iowa
Return to: (env) Stacie L. Herridse, County Recorder
Ames City Clerk
Box 811
Ames IA 50010
Prepared by:JCG Land Services,Inc., 1715 South G Avenue,Nevada,Iowa 50201 (515)382-1698
Return to:Ames City of Ames,City Hall,515 Clark Avenue,Ames,IA 50010 (515)239-5101
Page 1
PURCHASE AGREEMENT
PARCEL 1 CITY Ames
PROJECT JL-0155(670)-7R-85 ROAD Ames Skunk River Trail
SELLER: Diane M. Schulte a/k/a Diane Mardell Schulte and Larry L. Schulte, wife and husband
THIS AGREEMENT entered into this l✓ day of l�G�e� ,2015, 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:
The Northwest Quarter(NW 1/)of the Northwest Quarter(NW '/)of Section 12, Township 83 North, Range
24, West of the 51h P.M.,
in the County of Story , State of Iowa, and more particularly described on Page 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-h. R-FE-11-FER Al-SC) AGRFF=!; to nnn�ey to Buyer ;;I1 of Seller's rights of direp-t aco�_esss frem the pFemises to
Highway exGepting and reserving tG Seller the right of aGGess at thia fAe.110-�Ni=Rq
t n_Igs:
1c. SELLER ALSO GRANTS to Buyer a temporary easement, more particularly described on Page 5, for the
purpose of shaping and grading, and as shown on the project plans for said improvement. Said temporary
easement shall terminate upon completion of this project.
1d. 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 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
$ 12,000.00 on possession and conveyance 90 days after Buyer approval
$ 12,000.00 TOTAL LUMP SUM
Breakdown Ac./Sg.Ft.
Land by Fee Title Ac. Sq .
Underlying Fee Title Ac. Sq-F4.
Permanent Easement 0.57 Ac. Sq-.R.
Temporary Easement 0.19 Ac. Sq-.Ft-
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 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 highway 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
constructingand maintaining said fence. Seller may pasture against said fence at his own risk. Bu erwill not
9 YP 9 Y
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:
A^ .)c
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 613.52 of the Code of Iowa.
12. The Buyer is granted a temporary easement, as described below, on the Seller's property for the purpose of
constructing a recreational trail.The temporary easement shall terminate 12 months after completion of this
recreational trail project.
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.
Diane M. Schulte Larry L: chulte
2925 Dean Avenue 2925 Dean Avenue
Odebolt, Iowa 51458 Odebolt, Iowa 51458
This section to be completed by a Notary Public.
Both columns must be completed.
I CAPACITY CLAIMED BY SIGNER:
SELLER'S ACKNOWLEDGMENT I X INDIVIDUAL
STATE OF IOWA } I CORPORATE
COUNTY OF S , L }ss: I Title(s)of Corporate Officer(s):
I
On this 1) day of A.D. 2015, before me,the I
undersigned, a Notary Public in and for said State, personally appeared I _ Corporate Seal is affixed
Diane M. Schulte and Larry L. Schulte I No Corporate Seal procured
PARTNER(s):
to me personally known — Limited Partnership
or proved to me on the basis of satisfactory evidence 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 behalf of which the person(s)acted,executed the
instrument. I SIGNER IS REPRESENTING:
a � I List name(s)of entity(ies)or person(s)
(Sign in Ink)
!dam I Self
(Print/Type Name)
I
Notary Public in and for the State of Iowa
?, F. SIBENALLEP
Commisslon Number 72b153
My Commission Expires
BUYER'S APPROVAL
Recommen by: Right of Way Project Specialist (Date)
Scott Camp
/I I ry anlS
Approved by: Ames City 11"or' (Date)
Buyers Acknowledgement
STATE OF IOWA }
COUNTY OF Story } ss:
On this I C day of ds� �� , aV 1 S before me, the undersigned, personally
appeared City of Ames Administx A- vA f f 1, known to me to be a City of Ames
Administrator of the Buyer and who did say that the instrume t was signed on behalf of the Buyer by its
authority duly recorded in its minutes, and said City of Ames Administrator 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.
r.
Notary Public i an for the State of Iowa
(NOTARIAL SEAL)
o`�Rku Ji11 L. Ripperger
r Commission Number 146549
* * My Commission Expires
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Prepared by Jeremy Soukup, 8191 Birchwood Court, Suite L, Johnston, IA 50313 Phone: 515-254-1393
ACQUISITION PLAT
EXHIBIT"A"
PERMANENT DRAINAGE AND TRAIL EASEMENT CONVEYED TO THE CITY OF AMES
SKUNK RIVER RECREATIONAL TRAIL
PROPERTY OWNER: PROJECT NO.: JL-0155(670)-7R-85
DIANE M.SCHULTE PARCEL 5
2925 DEAN AVENUE
ODEBOLT,IOWA 51458
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP
83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF
AMES,STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 12,THENCE SOUTH 00°16'45"EAST,60.00 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY ALSO
BEING THE POINT OF BEGINNING,THENCE SOUTH 00°16'45"EAST, 138.79 FEET ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12;THENCE NORTH 87°30'01"WEST,
148.62 FEET:THENCE NORTH A DISTANCE OF 49.76 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE
WEST WITH A CENTRAL ANGLE OF 57'01'13",ALONG A 50.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH
26'00'38"WEST,47.73 FEET:THENCE NORTHWEST A DISTANCE OF 27.75 FEET ALONG THE ARC OF A TANGENT
CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28-54'44-,ALONG A 55.00 FOOT RADIUS WITH A CHORD
THAT BEARS NORTH 40"03'52"WEST,27.46 FEET;THENCE NORTH 25°36'30"WEST,77.49 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY;THENCE SOUTH 89°36'46"EAST,219.91 FEET ALONG SAID
LINE TO THE POINT OF BEGINNING,CONTAINING 24,914 SQUARE FEET OR 0.57 ACRES MORE OR LESS.
EASEMENT AREAS: SEC.122-883N-24
I 0.22 ACRES TRAIL EASEMENT FND"X"IN CONC.
0.35 ACRES DRAINAGE EASEMENT
0.57 ACRES TOTAL EASEMENT
w - aiW
NW CORNER CORNER
NW 1/4 NW 114 EAST LINCOLN WAY NW 1/4 4 NW 1/4 POC
SEC 12-83-24 SEC 12-83-24
FND.GIN SPIKE N 89°36'46"W 2600,92'
N 89°36'46"W 1300.46' I
S.ROW LINE
E LINCOLN WAY PUB S 000 16'45"E
60.00,
--- Pia _-- r„u ___-_--__ e,W S 89°36 46"E 219.91'
N 25°36'30"W ;A.1
C177.49'
Ln
N S 17'05'56"W
A =28°54'44" 25.00' wC2 _ m R=55.00' Mn N L=27.75' NT=14.18'CH$=N 40°03'52"WS 02°29'59"W a w0 5a 100 1 CH=27.46' 80,50, rnFEET A=57°01'13" 0 01"W 148.62'nor-n+oR=50.00'
6ETSTR C E4is CO IL/iGTpN L=49.76'
�"'S' cT'°"isct ° EAST LINE7=27.16' TRN1/4 NW1/4
CH6=N 261 00'38"W LOCATION SEC 12-83-24
' CH=47.73' L_
LI GGND
SE CORNER 1
♦ FOUND SECTION CORNER MONUMENT NW 1/4 NW 1/4
SEC 12-83-24
SET SECTION CORNER MONUMENT
FOUND MONUMENT
CURVE TABLE
Q SET 58'REROD WiYELLOW CAP#1890a(UNLESS NOTED) CURVE I LENGTH RADIUS I CHO. LENGTH I CHO BEARING DELTA TAN
I.R. IRON REROD C1 I 23q.3q'l 1,476.5' 239.I2' I S85°30'32"W 09°17'22" 119.96'
I.P. IRON PIPE C2 1 29.10' 1 523.5' 1 29.10' I S73°54'24"W 3°1 1'07" 14,56'
G.P. GAS PIPE
(M) MEASURED DIMENSION
I hereby cerniy that tYnS land surveymq uocument was prepared
(R) RECORDED DIMENSION LAND
��o sv and the related survey wort* was performed by me or under my direct
— - — SECTION UNE a 11� personal supervision and that I am a duly licensed Land Surveyor under
— - RIGHT-OF-WAY LINE U �� the lows 0` the State a( la
ALBERT O
- - EASEMENT LINE JEREMY as
WOC WITH ORANGE CAP SO900UKUP p�'JKUP L.S. DM[
WYC WITH YELLOW CAP License Number: 18900
POB POINT OF BEGINNING �owP " My license renewer date S LDECEMBER 31, 2015.
Pa es or ,heets covered by this I
SURVEY FOR:
CITY OF AMES
515 CLARK AVE. SHEET
AMES,IA 50010 * Foth 1 OF 1
Foth Inhaatructure&Enrlromnent,LLC
8191 Birchwood Court,Suite L
JoMston,IA 50131-2931
FOTH PROJECT NO. 09AO06-00 DATE: 6/1 612 0 1 5 Phone;515-254-1393 Fax:515.254-1642
P0, `�
Prepared by Jeremy Soukup, 8191 Birchwood Court, Suite L, Johnston, IA 50313 Phone: 515-254-1393
TEMPORARY EASEMENT
EXHIBIT"A"
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF AMES
SKUNK RIVER RECREATIONAL TRAIL
PROPERTY OWNER: PROJECT NO.:JL-0155(670)-7R-85
DIANE M.SCHULTE PARCEL 5
2925 DEAN AVENUE
ODEBOLT,IOWA 51458
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP
83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF
AMES,STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 12,THENCE SOUTH 00°16'45"EAST,60.00 FEET;THENCE NORTH 89'36'46"WEST,219.90 FEET
ALONG THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY TO THE POINT OF BEGINNING;THENCE SOUTH 25'
36'30"EAST,77.49 FEET:THENCE SOUTHEAST A DISTANCE OF 27.75 FEET ALONG THE ARC OF A TANGENT
CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28°54'44",ALONG A 55.00 FOOT RADIUS WITH A CHORD
THAT BEARS SOUTH 40'03'52"EAST,27.46 FEET;THENCE SOUTHEAST A DISTANCE OF 49.76 FEET ALONG THE
ARC OF A TANGENT CURVE CONCAVE SOUTHWEST WITH A CENTRAL ANGLE OF 57.01'13",ALONG A 50.00 FOOT
RADIUS WITH A CHORD THAT BEARS SOUTH 26'00'38"EAST,47.73 FEET;THENCE NORTH 87'30'01"WEST,
20.00 FEET;THENCE NORTH A DISTANCE OF 29.86 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WEST
WITH A CENTRAL ANGLE OF 57-01'13",ALONG A 30.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 26"
00'38"WEST,28.64 FEET;THENCE NORTHWEST A DISTANCE OF 37.85 FEET ALONG THE ARC OF A TANGENT
CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28-54'44',ALONG A 75.00 FOOT RADIUS WITH A CHORD
THAT BEARS NORTH 40°03'52"WEST,37.45 FEET-,THENCE NORTH 25°36'30"WEST, 11.49 FEET;THENCE
NORTHWEST A DISTANCE OF 55.85 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHWEST WITH A
CENTRAL ANGLE OF 64'00'16",ALONG A 50.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 57'36'38"
WEST,53.00 FEET;THENCE NORTH 89'36'46"WEST.100.00 FEET;THENCE NORTH 00°23'14"EAST,40.00
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY;THENCE SOUTH 89'36'46"EAST,133.99 FEET
ALONG THE SOUTH RIGHT-OF-WAY OF EAST LINCOLN WAY TO THE POINT OF BEGINNING,CONTAINING 8,125 SQUARE
FEET OR 0.19 ACRES MORE OR LESS.
i
I
NW CORNER
NW 1/4 NW 1/4 NE CORNER
SEC 12-83-24 EAST LINCOLN WAY NW 1!4 1/4 POC
FND.GIN SPIKE SEC 12-83 24 l
N 890 36'46"W 1300.46'
S.ROW LINE- POB
E LINCOLN WAY 11 S 000 16'45"E
S 890 36'46"E 60.00'
- Riw 133.99' N 89°36'46"W 219.90'
1� DD' C5
N 000 ""4 E S 25°36'30"E
77.49N 89°36'46"W C 1
100.00,
N 25°36'30"W
b,
C 1 L49' C4 C2i c
C3 M
iO
LEGEND N 87°30'01"W- E
FOUND SECTION CORNER MONUMENT 20.00'
SET SECTION CORNER MONUMENT N
FOUND MONUMENT I
O SET%"REROO WIYELLOW CAP#18900(UNLESS NOTED)
I.R. IRON REROD
I.P. IRON PIPE N
G.P. GAS PIPE
(M) MFA.SURFD DIMENSION 2�
(R) RECORDED DIMENSION
— - — SECTION LINE I CURVE TABLE
—Rm— RIGHT-OF-WAY LINE 0 50 100 CURVE LENGTH RADIUS CHD. LENGTH CHD BEARING DELTA TAN
— — — EASEMENT LINE I CI 27.75' 55.00' 27.46' S40°03'52"E 28°54'44" 14.18'
I I C2 49.76' 50.00' 47.73' S26'00'38"E 57°01'13" 27.16'
WOC WITH ORANGE CAP FEET C3 29.86' 30.00' 28.64' N26°00'38"W 57'01'13" 16.30'
Nar!5 MU0* 'rns r.HFD iosE
WYC WITHYEILUWCAP serwluaeesrAe�isRFoAFTe" C4 —37.85' 75.00' 37.45' N40°03'52"W 28°54'44" 19.34"
CONSTRUCTION IS COWLMD
CS 55.85' 50.00' 53.00' N57°36'38"W 64°00'16" 31.25'
PQB POINT OF BEGINNING
SURVEY FOR:
CITY OF AMES * Foth
515 CLARK AVE. SHEET
AMES,IA 50010 1 OF 1
Fath Infrastructure&Enviranmaint4 LLC
8191 Birchwood Court,Suite L
Johnata+,IA 50131-2931
FOTH PROJECT NO. 09AO06-00 DATE: 6/16/2015 fix:,515-254.130 Fax:515-254-1642