HomeMy WebLinkAboutA002 - Offer to Purchase Easement dated January 13, 2017 'rt
Prepared By: Greg J.Roth,Veenstra&Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
Return To: Veenstra&Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
Project Name: West Lincoln Way Intersection Improvements City Project Numbers:376-7550-429&320-7550-429
Parcel#0908200030—3600 Lincoln Way,Ames,Iowa
OFFER TO PURCHASE EASEMENT IN REAL ESTATE AND ACCEPTANCE
TO: Clinic Building Company, Inc., (hereinafter referred to as the "Seller")
The City of Ames, (hereinafter referred to as the "City"), acting by and through its authorized
agent, hereby offers to purchase various easement interests named below in certain real estate
situated in Story County, Iowa, locally known as 3600 Lincoln Way, Ames, Iowa, which is
legally described as:
Temporary Easement
A temporary construction easement located in Lot 2, Final Plat McFarland Subdivision, an
Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa. Said
temporary easement being more particularly described as follows:
The North 50.00 feet of the East 85.00 feet of said Lot 2.
Containing 4,250 square feet, more or less.
Which Property Interests are described and depicted on the easement plat(s) attached hereto as
Exhibit(s) E-I I (hereinafter referred to as the "Property Interests"), together with any easements
and servient estates appurtenant thereto, buildings and improvements.
1. CONSIDERATION.
The City offers to buy said Property Interests for the total consideration of$6,800.00, which
represents $6.800.00 for the temporary easement, payable in full immediately after delivery
of the appropriate easement documents to the City and acceptance thereof by the City
Council. The City will also pay expenses as required by Iowa Code Sec. 613.213 and 613.54,
as applicable. This offer shall expire on February 13, 2017 unless an extension is approved
by the Mayor.
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2. TITLE AND ACCESS.
The Seller shall deliver the Property Interests immediately upon full payment by the City of
to the Property Interests as provided in
the consideration. The Seller hereby grants access p rty p
Paragraph 8.
3. CONVEYANCE.
The Seller shall convey P �'
the Tem ora Easement for Construction , all with terms and
provisions in the forms approved by the City, free and clear of liens and encumbrances,
including tenant interests and tenant claims, reservations or modifications except as in this
instrument otherwise expressly provided. All warranties shall extend to time of closing,
with special warranties as to acts of the Seller up to time of delivery of the easement
documents. The Seller agrees that amounts payable by the Seller for real estate taxes,
special assessments, mortgage payoffs, liens, or judgments shall be deducted at closing
from the total consideration when these matters interfere with or prevent marketable title to
the Property Interests as determined by the City.
4. INSURANCE.
The Seller shall maintain fire, windstorm and extended coverage insurance in an amount not
less than the full insurable replacement value of all buildings and personal property
included within the easement area, if any, until date of possession and shall forthwith secure
endorsement on the policies of insurance in such amount with loss payable to the parties as
their interest may appear.
5. STATUS QUO MAINTAINED.
The Seller will preserve the property where the Property Interests are located in its present
condition as of the date of this Offer and will deliver it intact at the time access is given. If
improvements, crops, agricultural commodities, or personal property is being purchased as
a part of the easement area; in case of loss or destruction of part or all of said
improvements, crops, agricultural commodities, or personal property from causes covered
by insurance, the City agrees to accept such insurance recovery (proceeds to be applied as
the interests of the parties appear) in lieu of that part of the damaged or destroyed
improvements and the Seller shall not be required to repair or replace same.
6. ENVIRONMENTAL LAWS.
The CITY and Seller do not hereby relinquish or waive any defenses or causes of action
which either of them may be entitled to assert against any third party under the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as
amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.
§§ 9601-9657; nor shall anything in this agreement be deemed to be or constitute a waiver
by the CITY of any defense available to it as a governmental entity pursuant to 42 U.S.C.
§§ 9601(35)(A)(ii) and 9607(b)(3).
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7. SELLER'S REPRESENTATION AS TO TENANTS.
The Seller represents and warrants that there are no tenants on the property where the
Property Interests are located, except as listed below:
8. RIGHT OF ENTRY.
The Seller hereby grants the City, its officers, agents, employees and independent
contractors, the right to enter upon and access the Property Interests at reasonable times
upon reasonable notice, oral or written, from time to time after the date the City submitted
its offer to the Seller for the purposes of inspecting and testing the Property where the
Property Interests are to be acquired, to begin construction of the public improvements and
for other purposes consistent with the City's interest under this Agreement. The City agrees
to defend, indemnify and hold harmless the Seller, its officers, directors, agents and
employees, from any liability and expense, including reasonable attorney's fees that result
from the exercise by the City of its right of entry onto the Property Interests prior to
Closing.
9. TIME IS OF THE ESSENCE.
Time is of the essence of this Agreement.
10. CITY COUNCIL APPROVAL.
This contract is subject to the approval of the City Council, or the Mayor as appropriate,
and neither the City or its representatives in this matter shall be bound by the contract until
said approval is given and is public record.
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I
i
11. PURPOSE OF ACQUISITION/EXERCISE OF THE POWER OF EMINENT
DOMAIN.
The parties acknowledge and agree that the City is acquiring the Property Interests that are
the subject of this Offer for the West Lincoln Way Intersection Improvements Project. The
parties further acknowledge and agree that the City, acting by and through its Operating
Contractor, the City of Ames, has the authority, under Chapters 6A and 6B of the Iowa
Code, to exercise the power of eminent domain to acquire property for said project, and that
the City could have acquired these Property Interests by condemnation, should the Seller
have declined this Offer.
PRESE TED ON BEHALF OF THE CITY ON THE /3 4-e/ DAY OF
20 k:) .
BY:
H. R. Veenstra Jr., Veenstr Kimm, Inc.
Acting as Right-of-Way Agent on Behalf of
the City of Ames
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y
SELLER: ACCEPTED BY THE SELLER ON THE OtDAY OF
20
Clinic Building Company, Inc.
DONATION (OPTIONAL)
It is the understanding of the Grantor that, although the City will provide compensation for the
granting of this Property Interests, it is the Grantor's wish to donate this Property Interest and not
receive said compensation, and Grantor waives any and all rights to compensation.
Acknowled1jement
State of �� )
County of ss.
-ice
On this � day of=e-s-, e,--<-{ , 20 C-7 , before me, a Notary Public, in and for
State and county, personally appeared D (signatory name),to
me personally known, who by me duly sworn or affirmed did say that that person is
(official title) of said
(name of corporation) and that said instrument was
signed on behalf of said corporation by authority of its Board of Directors or Trustees and the
said (signatory name) acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation by its
voluntarily executed.
Notary Signature
Notary Public in the state of
9.Iz.I,7
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ACCEPTANCE BY CITY:
Approved and accepted by Resolution No. J on �"1� �3 , 20T by the City of
Ames '
�J
Mayor
ATTEST:
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