HomeMy WebLinkAbout~Master - Utility Easement and Temporary Construction Easement - Ames East Industrial Sewer, Parcel No. 11, Donald Jensen Instrument 4: 2019-03711
05/15/2019 10:07:54 AM Total Pages: 7
00 OTHER
Recording Fee: 37.00
Stacie Herridge, Lcorder, Story County (Iowa
Return to: (env)
Ames City Clerk
Box 811
Ames IA 50010
Return to and Prepared by: Ryan K.Gurwell,A&R Land Services,1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197
PURCHASE AGREEMENT
PARCEL NO. 11 COUNTY Story
PROJECT Ames East Industrial Sewer CITY Ames,IA
SELLER: Donald D.Jensen,a single person /
THIS AGREEMENT made and entered into this J day of �'7 1 ,2011,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 a
public utility easement and a temporary construction easement,hereinafter referred to as the premises:
See Clause 12 on Page 2 of this agreement,
County of Story,State of Iowa,and more particularly described on Pages 4_9,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 ofthe
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 for indemnity and Seller's right
to connect to the water and sewer services as per the Public Utility Easement. 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.BUYER may only begin construction activities after SELLER has received full compensation as
specified in this agreement.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
$ on conveyance of title
$ on surrender of possession
$ 7,410.00 on possession and conveyance 60 days after Seller signing
$ 7,410.00 TOTAL LUMP SUM
Breakdown Ac./Sg.Ft.
Land by Fee Title acres Fence: rods woven
Underlying Fee Title acres Fence: rods barbed
Public Utility Easement 1.52 acres
Temporary Easement - 0.73 acres
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 1 of 7
4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None.
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.No lienholders exist at this time. However,Iowa Land and
Building Company holds an Option to Purchase regarding the subject property and has provided written release,the sufficiency
of which Buyer hereby acknowledges.
6. Buyer may include mortgagees,lienholders,encumbrancers and taxing authorities as payees on warrants issued in payment of
this agreement. Included in the Total Lump Sum on page 1 of this agreement is$150.00 for the cost of adding title documents
required by this transaction to Seller's abstract of title.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Public Utility Easement—The North 25.00 feet of the South 75.00 feet of the SWI/4 of Section 5,Township 83 North,
Range 23 West of the 5th P.M.,City of Ames Story County Iowa and containing 1.52 acres(66,380 square feet)more or
less.
AND
Temporary Easement—The North 12.00 feet of the South 87.00 feet of the SW1/4 of Section 5,Township 83 North,
Range 23 West of the 51h P.M.,City of Ames Story County,Iowa and containing 0.73 acres(31,863 square feet)more or
less.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 2 of 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.
X
Donald D. Jensen
PO Box 59
Nevada, IA 50201
(Mailing Address)
(NOT4RY PUBLIC: PLEASE COMPLETE LEFT AND RIGHT SIDES)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF /i w } ®INDIVIDUAL
COUNTY OF llS _ } ss: ❑ CORPORATE
Title(s)of Corporate Officer(s):
On this 2,M day of�'Ylc,,(� A.D.2014? , before me,the
undersigned, a Notary Public in and for said State, personally appeared ❑ Corporate Seal is affixed
Donald D.Jensen,a single person, ❑ No Corporate Seal procured
❑ to me personally known ❑ PARTNER(s):
or [ii-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, exec the record. hrovioIe4 rA POW 29g1(✓5_n0 ❑ GUARDIAN(s)or CONSERVATOR(s)
Eicp. El OTHER:
(Sign in Ink) SIGNER IS REPRESENTING:
igneNotary ublic List name(s)of entity(ies)or person(s)
JAMES HENRYALBURY,JR. ��a(���es��
::Commission#FF 215937 N%
Expires June 1 2019
' Bonded Thru Troy Fain Insurance 800.385.7019
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA ,
COUNTY OF STORY ss:
On this g_�% day of 1— —, 20 i , before me, the undersigned, personally appeared Tracy Warner, known to me to
be the Municipal Engineer 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.
0* �I AMY L.COLWELL
�Commission Number 812138 ( j�
My Comm EVires �V 1C f
owe
ignatur `of Notary Public
BUYER'S APPROVAL
BY 2 Date. Z/
Recommended by: Ryan K. Gurwell, Project,Manager
tea,..
BY Date: 411561
Approved by: Tracy Warner, Municipal Engineer
City of Ames, Iowa
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 3 of 7
EXHIBIT 'A'
PREPARED FOR: PARCEL #1005500505 4 1005500405
CITY OFAMES
CI
AMES GI " $LIG UTILIT`r
N HALL
515 CLARK AVE.
AMES, IONA 50010 EASEMENT EXHIBIT
PROPERTY OWNERS: 5W 1/4 5W 1/4 4 5E 1/4 5WI/4, 5ECTI ON 05-55-25
Donald Jensen LINCOLN HIGHWAY
PO Box 59 AME5, I OAA
Nevada, IA 50201
LEGAL DESCRIPTION: PROPERTY
WARRANTY DEED: INSTRUMENT 2 017-10 0 4 5
THE WEST 100 ACRES OF THE FOLLOWING GOMBINED PARCELS, TO-NIT: ALL THAT PART OF THE SOUTHWEST
QUARTER (5W 1/4) OF 5-83-23 WEST OF THE 5TH PM, LYING SOUTH OF THE RIGHT-OF-WAY OF THE GHIGA60
AND NORTHWESTERN RAILWAY, AND THE SOUTH HALF (S 1/2) OF THE NORTH HALF (N 1/2) OF SECTION FIVE
(5),TONN5HIP EIGHTY-THREE (53) NORTH, RANGE TWENTY-THREE (23) WEST OF THE 5TH PM, STORY COUNTY,
IOWA.
QUIT CLAIM: INSTRUMENT 200b-12651
ALL THAT PORTION OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION FIVE (5), TOWNSHIP EIGHTY-THREE (3)
NORTH, RANGE TWENTY-THREE (23) WEST OF THE 5TH P.M., STORY COUNTY, IOWA, LYING SOUTH OF THE
RIGHT-OF-WAY OF GHIGA60 AND NORTHWESTERN RAILWAY, AND THE SOUTH HALF (51/2) OF THE NORTHWEST
QUARTER (NWI/4) OF SECTION FIVE (5), TOWNSHIP EIGHTY-THREE (53) NORTH, RANGE TWENTY-THREE (25)
WEST OF THE 5TH P.M., STORY COUNTY, IONA, LYING SOUTH OF THE RIGHT-OF-WAY OF GHICA60 AND
NORTHWESTERN RAILWAY, EXCEPT THE WEST ONE HUNDRED (100) ACRES OF THE FOREGOING GOMBINED
PARCELS,
LEGAL DESCRIPTION — PUBLIC, UTILITY EASEMENT
THE NORTH 25.00 FEET OF THE SOUTH 75.00 FEET OF THE SHIM OF SECTION 5, TOWNSHIP 83 NORTH, RANGE
23 WEST OF THE 5TH/ P.M., CITY OF AMES, STORY COUNTY, IOWA AND GONTAININ6 1.52 ACRES (66,350
SQUARE FEET) MORE OR LESS.
CERTIFICATION NOTES
I. THI5 PARCEL MAY BE SUBJECT TO
I HEREBY c znFY THAT THIS LAND SURVEYING EASEMENTS OF RECORD. NO TITLE WORK
,�� DO AMM17 1446 PREPARED ACID THE RELATED SURVEY
........LA...ND WORK was PE�oRMW BY ME OR 1 MXR MY D1RWT WA5 PROVIDED OR PERFORMED BY THI5
t ONN-SPERVISI AND THAT I AM A DULY
,•�j� ' �, LK�PR4F3`5610 AL LAND SURVEYOR UDR THE SURVEYOR.
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2400 86th Street.Unit 12 . Des Moines,Iowa 50322
DESIGNED $Y: JAG E-1881
515.276.4884 Fax:515.276.7084 mail�a ceclaacom DRAWN BY: JAG
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PARCEL #1005500505 4 1005500405
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PREPARED FOR: PARCEL #1005500505 $ 1005500405
GIN OFAMES
CI
TY TY HALL
17.MPORARY CONSTRUCTION
515 GLARK AVE.AMES, IOWA 50010 EASEMENT EXuI 1 I B I T
PROPERTY OWNERS: SW I/4 SW I/4 4 SE I/4 SW I/4, SECTION 05-55-25
Donald Jensen LINCOLN HIGHWAY
PO Box 59
Nevada, IA 50201 r�MES, IOYVA
LEGAL DESCRIPTION: PROPERTY
WARRANTY DEED: INSTRUMENT 2017-10045
THE WEST 100 ACRES OF THE FOLLOWING GOMBINED PARCELS, TO-WIT: ALL THAT PART OF THE SOUTHWEST
QUARTER (SW 114) OF 5-85-23 WEST OF THE 5TH PM, LYIN6 SOUTH OF THE R16HT-OF-WAY OF THE GHIGAC70
AND NORTHWESTERN RAILWAY, AND THE SOUTH HALF (S 1/2) OF THE NORTH HALF (N 1/2) OF SECTION FIVE
(5),TOWN5HIP E16HTY-THREE (83) NORTH, RANGE TWENTY-THREE (23) WEST OF THE 5TH PM, STORY COUNTY,
I OWA.
QUIT CLAIM: INSTRUMENT 2008-12681
ALL THAT PORTION OF THE SOUTHWEST QUARTER (5WI/4) OF SECTION FIVE (5), TOWNSHIP EIGHTY-THREE (3)
NORTH, RAN6E TWENTY-THREE (23) WEST OF THE 5TH P.M., STORY COUNTY, IOWA, LYIN6 SOUTH OF THE
RIGHT-OF-WAY OF GHIGA60 AND NORTHWESTERN RAILWAY, AND THE SOUTH HALF (51/2) OF THE NORTHWEST
QUARTER (NWI/4) OF SECTION FIVE (5), TOWNSHIP EIGHTY-THREE (83) NORTH, RANGE TWENTY-THREE (23)
WEST OF THE 5TH P.M., STORY COUNTY, IOWA, LYING SOUTH OF THE RIGHT-OF-WAY OF CHIGAC70 AND
NORTHWESTERN RAILWAY, EXCEPT THE WEST ONE HUNDRED (100) ACRES OF THE FORE601N6 GOMBINED
PARCELS,
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THE NORTH 12.00 FEET OF THE SOUTH 5-7.00 FEET OF THE 5WI/4 OF SECTION 5, TOWNSHIP 83 NORTH, RANGE
z 23 WEST OF THE 5TH/ P.M., CITY OF AMES, STORY COUNTY, IOWA AND GONTAININ6 0.13 ACRES (31,863
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