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HomeMy WebLinkAbout~Master - Easement for South Grand Extension Project from Scott Randall and Jane Randall Instrument q: 2019-10853 11/14/2019 09:41:00 AM Tot al Pages: 69 C NDM CONDEM NATION Recording Fee: $ 352.00 Transfer Tax. $101.60 Stacie Herridge, Recorder, Story County Iowa mill Willi P%���,���wti��i�a9���,���rt��',� Return to: Ames City Clerk PO Box 811 Ames IA 50010 Prepared by Paul H. Fitzgerald, Story County Sheriff, 1315 S B Ave., Nevada IA 50201 P: 515-382-7460 In the Matter of the Condemnation of Certain Rights in Land for use in the South Grand Avenue Extension Project and locally known as 1400 South Grand Avenue,Ames, Iowa Parcel No: 017-2F,017-3F,017-1F Sheriff's Number 19-2304 STATE OF IOWA,STORY COUNTY, ss: I, Paul H. Fitzgerald,Sheriff of Story County, Iowa, do hereby certify that the foregoing are the papers as originally filed in the above titled matter in my office, consisting of the following in the City of Ames Condemnation hearing held on the 2411 day of September, 2019. 1. Sheriff's Report of Condemnation Proceedings 2. "Certified True Copy" of the APPLICATION TO THE CHIEF JUDGE 3. SELECTION AND APPOINTMENT OF COMPENSATION COMMISSIONS 4. SUPPLEMENTARY ORDER APPOINTING ALTERNATE COMPENSATION COMMISSIONERS 5. Signed copies of the SUMMONS TO COMMISSIONERS (6) 6. OATH OF CONDEMNATION COMMISSIONERS 7. SHERIFF'S CERTIFICATION AS TO AWARDS AND COSTS 8. CONDEMNATION COMMISSIONER'S STATEMENT(6) 9. NOTICE OF CONDEMNATION 10. RETURNS OF SERVICE 11. PROOF OF PUBLICATION 12. AFFIDAVIT OF FINAL OFFER 13. REPORT OF COMPENSATION COMMISSION 14. ENDORSEMENT OF SHERIFF OF MAILING OF NOTICE OF APPRAISEMENT OF DAMAGES AND TIME FOR APPEAL 15. NOTICE OF APPRAISEMENT OF DAMAGES ,,��AND TIME FOR APPEAL Dated at Nevada, Story County, Iowa, this day y of November, 2019 Paul . Fitzgerald Story County Sheriff SHERIFF'S REPORT OF CONDEMNATION PROCEEDINGS IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS PARCEL 017-2F IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT PARCEL 017-3F AND LOCALLY KNOW AS : 1400 SOUTH GRAND AVENUE, AMES, IOWA PARCEL 017-1F BY THE CITY OF AMES, IOWA, APPLICANT Landowner(s): SCOTT E. RANDALL AND JANE S. RANDALL Parcel No(s).: 017-217, 017-3F, 017-1 F I Paul H. Fitzgerald, Sheriff of Story County, Iowa, certify that I received the attached,certified copy of the Application for Condemnation . I further certify that the condemnation hearing was held on the 24"day pf September,2019, and the awards made, a copy of which is included. I further certify that the total cost of the hearing was$1,575.33,which was paid to the Sheriff by the City of Ames. The money was disbursed in the following manner: Commissioner McAndrews ...........$200.00 Commissioner Klein.........................................$215.08 Commissioner Grandon..............$211.60 Commissioner Flack.........................................$2 11 60 Commissioner Bauer................$211.60 Commissioner Olive.........................................$223.20 Sheriff's Fees for holding condemnation hearing$100.00, Publication of notice in the Ames Tribune $109.48 Mileage $23.20, Copy fee: $25.00, Postage: $16.00, Meals for Commissioners: $28.57 Total ...................................$1,575.33 I further certify that I received from the City of Ames an award check in the amount of$63,600, check#463942 payable to Scott E. Randall and Jane S. Randall on the 311"day of September, 2019. Dated this 13th day of November, 2019 Paul H. Fitzgerald of Story County Sheriff r IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa AFFIDAVIT REGARDING by the APPLICATION CITY OF AMES, IOWA, Applicant. State of Iowa ) ss: County of Dallas ) The undersigned,being duly sworn, states that attached hereto is the copy of the original Application filed with the Recorder, including book and page number. a"T,a-.; Amy S. B ttie AT0000737 BRICK, 6ENTRY, BOWERS, SWARTZ& LEVIS, P.C. 6701 Westown Parkway, Suite 100 West Des Moines, Iowa 50266 Telephone: (515) 274-1450 Fax: (515) 274-1488 E-mail: amy.beattie@brickgentrylaw.com ATTORNEY FOR CITY OF AMES, IOWA STATE OF IOWA,DALLAS COUNTY,ss: On thiS�(/ day of August,2019,before me the undersigned a Notary Public in and for said State, personally appeared Amy S.Beattie,to me known to be th person na ed in and who executed the foregoing instrument;and acknowledged that she executed the in ent as h vo tary act and deed. Lr KAY E. MEYER otary p lic in and for d State Commission Number 181218 My Commission Expires September 20, 2022 In accordance with Iowa Code Section 6B.3(3), I, the undersigned, certify under penalty of perjury and pursuant to the laws of the State of Iowa that this Original Application for Condemnation has been approved by the Chief Judge of the Second Judicial District. Z2-45,4-7� Amy S eattie PK0007879 Attorney for the City of Ames, Iowa Filed in my office at es Iowa, this hday of , 2019. 4 77 , 1 Sheriff of Story Co , Iowa 1315 So. B Avenue` Nevada, Iowa 50201 c_r - 6 - I further certify that the attached papers are full and complete original files in the proceedings and the statement accompanying the same are correct and true. Given under my hand this day of September, 2019. PAUL FITZGERALD SHERIFF OF STORY COUNTY By: Instr. Number: 2019-07349 Recorded: 8/15/2019 at 2:41:59.0 PM County Recording Fee: $82.00 Iowa E-Filing Fee: $3.00 Combined Fee: $85.00 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa Type of Document: CONDEMNATION PROCEEDINGS RETURN TO: Amy S.Beattie,6701 Westown Parkway, Suite 100,West Des Moines,IA 50266 Telephone: 515-274-1450 PREPARED BY: Amy S.Beattie,6701 Westown Parkway,Suite 100,West Des Moines,IA 50266 Telephone: 515-274-1450 TAXPAYER INFORMATION: City of Ames,515 Clark Avenue,Ames,Iowa 50010 Grantor(s): Grantee(s): Scott E. Randall City of Ames, Iowa Janes S. Randall Legal Description: See Pages 2 and 3 Book and Page g Reference Numbers: Book ,Page IN THE SHERIFF'S OFFICE OF STORY COUNTY 32 IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa APPLICATION FOR by the CONDEMNATION CITY OF AMES, IOWA, Applicant. TO: KURT WILKE, CHIEF JUDGE, SECOND JUDICIAL DISTRICT YOU ARE HEREBY NOTIFIED that the Applicant City of Ames, Iowa, a municipal corporation, desires to take, acquire and condemn a fee simple interest in the property hereafter described in Counts 1 and 2 hereof, together with any and all easement interests and other legal or equitable interest therein, and together with all structures and appurtenances located upon the property sought to be condemned. The City of Ames desires the right specified in the properties sought to be condemned for use in the South Grand Avenue Extension Project. 1. FEE SIMPLE INTEREST TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING The property in which a fee simple interest is sought to be acquired for the South Grand Avenue Extension Project is shown on the attached Fee Simple Acquisition Plats. The said fee simple interests will be used by the City of Ames for the purpose of constructing the South Grand Avenue Extension Project. The property to be acquired is legally described as follows: - 1 - Fee Simple Interest—City of Ames, Iowa: : , Parcel 017-2F Outlot"D" Grand Aspen Subdivision, 41h Addition, now in and forming a part of the-City of Ames, Story County, Iowa. Containing 8,070 sq. ft. (0.185 acres) Parcel 017-3F Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast Corner of Outlot"D" Grand Aspen Subdivision, 4'h Addition now in and forming a part of the City of Ames, Story, County, Iowa; thence South 89133'12" West, along the South line of said Outlot"C", for a distance of 227.00 feet;thence North 27039'08" West for a distance of 214.96 feet; thence North 47°07'39" West for a distance of 303.32 feet to the beginning of a curve concaved Easterly and having a radius of 300.00 feet; Thence along said curve for a distance of 134.79 feet, said curve having a chord bearing of North 349 5'22" West and a chord distance of 133.66 feet; thence North 21°23'06"West for a distance of 125.97 feet to a point on the South line of Parcel "V", Plat of Survey, in Inst. No. 01-08198 recorded in the Story County Recorder's Office;thence North 89005'24" East, along the South line of said Parcel "V" for a distance of 328.30 feet;thence South 25°59'09"East for a distance of 270.50 feet;thence South 30°08'25"East for a distance of 445.00 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 175,196 sq. ft. (4.022 acres). Parcel 017-1F Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of Outlot"D" Grand Aspen Subdivision, 0' Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 14°42'41" East for a distance of 163.48 feet; thence South 28'34'18" West for a distance of 82.06 feet,to the Northwest corner of Lot 1, Aspen Ridge 2°d Addition now in and forming a part of the City of Ames, Story County, Iowa;thence North 009Y51" West, along the East line of said Outlot"D", for a distance of 230.20 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 4,599 sq. ft. (0.106 acres). Property Address: 1400 South Grand Avenue, Ames, Iowa, Ames, Iowa. 2. EASEMENT TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING The property in which a permanent easement interest is sought to be acquired for the South Grand Avenue Extension Project is shown on the attached Permanent Easement Plats. The said easement interests will be used by the City of Ames for the purpose of constructing the South Grand Avenue Extension Project. - 2 - The property to be acquired is legally described as follows: Easement Interest—City of Ames, Iowa: Parcel 017-1P: Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 4th Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 30°08'25" West for a distance of 34.44 feet to the point of beginning; thence continuing North 30°08'25"West for a distance of 74.12 feet; thence North 86°24'22" East for a distance of 15.65 feet; thence South 30°08'25" East for a distance of 60.12 feet;thence South 33'16'34" West for a distance of 15.66 feet to the point of beginning. Containing 940 sq. ft. (0.022 acres). Parcel 017-2P: Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 41h Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 89°33'12" West for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 38.74 feet to the point of beginning; thence South 89°54'46" West for a distance of 22.36 feet; thence North 27°39'08"West for a distance of 60.00 feet;thence North 35°46'58" East for a distance of 22.36 feet; thence South 27039'08"East for a distance of 80.00 feet to the point of beginning. Containing 1,400 sq. ft. (0.032 acres). 3. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners and holders of liens and encumbrances with respect to these parcels, as far as shown, are as follows: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 17th Street Ames, Iowa 50010 4. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The Fee Simple Acquisition Plats and the Permanent Easement Plats show said parcels are required by the City of Ames for the purposes of constructing, repairing, maintaining and using South Grand Avenue and the widening of South Grand Avenue in conjunction with the improvement project for said Avenue. The City further asserts that said parcels constitute the - 3 - necessary minimum amount of land to achieve the purpose herein identified, and that no portion of said parcels is being acquired as an uneconomic remnant. ' 5. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE , PURCHASE OF THE PROPERTY. The City represents and warrants that it has undertaken the following activities in attempting to negotiate the purchase of said parcel from the property owner: (a) On November 7, 2017, a meeting was held at the golf course clubhouse with the Project Team, Fox Engineering, Scott Randall and his golf staff. Detailed discussions about design,planned construction and property rights needed. (b) On December 15, 2017, another meeting was held at the golf course clubhouse with the Project Team, Scott Randall and his golf course staff. Mr. Randall's design revision requests were discussed in detail. The Project Team agreed to investigate but not all requests will be able to be accommodated for various reasons. (c) On April 20, 2018, after review of requests, the City made a final decision on design and constructions plans for subject property and an appraisal was completed, reviewed and approved. The appraisal report was mailed to Scott Randall with the ten-day waiting period notice. Appraisal was $63,000 for Parcel 17. (d) On July 23, 2018, after further attempts to negotiate with Mr. Randall, the City decided Mr. Randall had decided not to cooperate because he is against the design of the road through the golf course real estate. The City directed the Project Team to present the formal offers for Mr. Randall's review which were delivered to Mr. Randall's office for both Parcels 17 and 20. (e) On August 7, 2018, Mr. Randall called Ryan Gurwell, Right of Way Agent on the Project Team, after reviewing the documents delivered to his office on July 23`a. Mr. Randall stated there were four issues he wanted a formal response from the City. The issues were included in Mr. Randall's email, which was distributed to the Project Team. Mr. Randall also indicated he plans to order his own appraisal for the City's consideration. (f) On August 23, 2018, a letter was received from Frank Feilmeyer, attorney for Scott Randall. The focus of the letter was pertaining to the leasehold interest held by Legal Golf Associates on the entire golf course real estate, including land owned by Scott Randall, Iowa State University and the Marvin Walter Generation-Skipping Trust. Mr. Feilmeyer requested a proper compensation offer from the City for the leasehold interest. (g) On September 26, 2018, Mr. Gurwell followed up with Mr. Randall with answers to his questions with responses developed by Shive-Hattery and the Ames Public Works Department. Mr. Gurwell left voice message and sent an email. The City directed Mr. Gurwell to obtain a quote for a separate appraisal for the leasehold interest. -4 - (h) Various correspondence and communications have been had between the parties since and they have been unsuccessful to date in negotiation resolution. NOW,THEREFORE,pursuant to a regularly adopted resolution by the City Council of the City of Ames, YOU ARE HEREBY REQUESTED to appoint a Compensation Committee to appraise the damages caused by this appropriation; said Commission to consist of six (6) commissioners who shall be residents of Story County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the City of Ames, as soon as the Commissioners have been selected. Dated this dot day of '�Oe , 2019. CITY OF AMES, IOWA Amy S. Be ie AT0000737 BRICK, G NTRY, BOWERS, SWARTZ &LEVIS, P.C. 6701 Westown Parkway, Suite 100 West Des Moines, Iowa 50266 Telephone: (515) 274-1450 Fax: (515) 274-1488 E-mail: amy.beattie@brickgentrylaw.com ATTORNEY FOR CITY OF AMES, IOWA APPROVED this day of , 2019. Chief udg KSecond Judicial District - 5 - INDEX LEGEND LOCATION S GRAND AVE REQUESTOR CITY OF AMES,IA 1 PROPRIETOR SCOTT E.RANDALL Y SURVEYOR MURRAY BERTING SURVEY SNNE-HATfERY COMPANY 4125 wesbm Pkwy,Sub 100.West Des Moines,Iowa 5M j RETURN TO ABOVE SURVEY COMPANY { - FEE SIMPLE ACQUISITION i PARCEL 017-2F THISSPACE RESERVED FOR Re RVe"USE NE COR OUTLOT D,GRAND ASPEN SUBDIVISION,4TH ADDITION,FD 1t2"IRON _ —N 89'33'12"E 71.24' ROD WITH YELLOW CAP#17161(POB) FEE SIMPLE LEGAL DESCRIPTION:PARCEL 017-2F / i f f 0 QUTLOT"D"GRAND ASPEN SUBDIVISION•47H ADDITION a OUTLOT"D"GRAND ASPEN SUBDIVISION,4TH ADDITION f ' W IN AND FORMING A PART THE CITY OF AMES U'FLC3 NO OF H �,{ D• STORY COUNTY,IOWA. ' 0= CONTAINING 8,070 SQ.FT.(0.185 ACRES) LO r A f� N W �g f - V 11 � /J t✓7 $ rT ;� m 0 20 40 80 fi rn SCALE IN FEET LEGf END: MONUMENT FOUND AS NOTED PROPOSED MONUMENT O SECTION LINE 1 —— —— EXISTING ROW LINE PREVIOUS --- - -- PROPOSED ROW LINE t EASEMENT LINE LOT LINES ——^�--�----———— ' ACQUISITION AREA t ! POINT-OF-BEGINNING P4B i d 1 yBmY L`EA7G'1 lilb,T iHi4 LAIC 411[l4'Y010 QOODAEHT MAS s` NW COR LOT 1 ASPEN RIDGE 2ND N Paten x AND m A Ann am a wAs Puaawam ADDITION,FND"X"CUT IN CONC. Q LA S!� DY u oa Y U u cr Pr I'M WWR P.N LAWS 9+aT y�e., •y Q` W S�o luve"A v.eem we�aem Does n uws SMIM MURRAY B :moo a —.. _ DACE. BER7ING ::o NAVE litiRR'Y 8.BER7R#G — CLIENT: CITY OF AMES,IOWA 13148 Umm NDMow issaa 515 CLARK AVE ; r MY WD=RaxnTu Dmw M mcamm 31, zo a •L• r PALM SHMTS 0e DN om cmum DY SMI6 WY - AMES,IA 50010 �c .....•••° tML A!+.s_NE rs_ 516-239-5101 /DW N 9 K° a: ACQUISITION PLAT PROJECT NO. ' � £ PARCEL 017-2F ; aTss730 S.GRAND AVENUE AND S.STN STREET EXTENSION r A� C H I t -L Li R E + E N G i N E E Ir 1 N G €-__.___ __—_a+es,.lowa.__...............__ DATE W1712DIS SCALE _� SNEET Ntl. 4125 Westown Pkwy,Suite 100 I West Des Moines,Iowa 50265 DRAWN Jww p1El a Boat r;515.223.81041 fax:515.223.0622 1 www.shive-hattery.com --+ OF j Iowa I Illinois I Indiana ^ moo REVISION ^ _ .. _ _ ....... INDEX LEGEND —� — LOCATION : S GRAND AVE 'REQUEST-OR : CITY OF AMES,IA I PROPRIETOR SCOTT E-RANDALL T 'SURVEYOR MURRAY BERTING SURVEY SHIVE-HATTERY COMPANY 4125 Westown Pkwy,Suit 100,West Des Manes,love 56266 RETURN TO ABOVE SURVEY gCOMPANY ESS ACQUISITIONPLAT PARCEL 017-3F i THIS SPACE RESERVED FOR RECORDER'S USE t _ PARCEL"V' N 89"05'24"E PARCEL"V" 328,30' tD N 21°23'06"W 125.97' 0`�LQ OUTLOT C C6 0'�p� L=134,79' �4.022 AL�RES Cr` 0, R=300.00' BRG=N 34°15'22"W CH=133.66' �� / ` ! cti d®4h �•'� fv s, OUTLOT C ,/* i 0? w, S 89,3 00' ( ._ S 89°33'12"W 1098.41' LOT 1 GRAND ASPEN SUBDIVISION, 1 NW COR LOT 1,GRAND 4TH ADDITION ASPEN SUBDIVISION,4TH NE COR OUTLOT D,GRAND\ ADDITION,FD 112"IRON ROD ASPEN SUBDIVISION,4TH OUTLOT D WITH YELLOW CAP#17161 ADDITION,FD 112"IRON ROD WITH YELLOW CAP#17161(Poe) LEGEND: MONUMENT FOUND AS NOTED PROPOSED MONUMENT 0 I, SECTION LINE I EXISTING ROW LINE PREVIOUS — — PROPOSED ROW LINE EASEMENT LINE ! LOT LINES ———— ———— — t ACQUISITION AREA s POINT-OF•13EGINNING POB 0 100 200 400 .••""""'°'� 1 WFEB EfRTGY THAT'MIS LAHO SUReEn"c D MMT WAS PREPPAW AM THE RE AJED�nowt WAS PE" RMED �p.ND y BY ME CR tWOM MY DIRECT PMO AL SUPERASIM AND THAT f" PTV�,......•.. � 1 AM A WLY UM ARID 9NYEMk UNDER THE LAYS OF ' SCALE IN FEET 5 .. L r$ �•re of DWA `1 ,�) '.fix /1 t �s" 21 -lam = C> MURRAY g i t5 MA 7c. t DACE. BERTING �', NME. taY e. nHc CLIENT: CITY OF AMES,iOWA 13148 tXXNW NUMBED: 13146 MY DCETM RIBIMAL DATE IS. DECEMM 31.201E 515 CLARK AVE 1 ••�'•. : PMMS.SHEETS W DIMON5 COVETED BY THIS SEAL! q • ALL SHEETS •'••.........• AMES,IA 50010 '+. }t '' 515-239-5101 w° ......... ACQUISITION PLAT ... PROJECT NO. ... rl -' PARCEL 017-3F 416W30 S.GRAND AVENUE AND S.STH STREET EXTENSION A R C H i TE C TU R E + ENGI N EERING _AMESIOWA _ DATE M1T7M09e :SCALE .._ ..... 9HETT NO. 4125 W8510Wn F --kwy,Suite 100 I West Des Moines,Iowa 50268_DRAWN JWW ;PtELasoac � QF 515.223.8104 1 fax:515.223.0622 1 www.shive-hattery.com __.._. ............ Iowa I Illinois I Indiana APPROVED MBB REVISION .._........... _...._..... . ----........._._., INDEX LEGEND LOCATION S GRAND AVE REOUESTOR CITY OF AMES,IA i i PROPRIETOR SCOTT E,t?ANDALL 4 (SURVEYOR MURRAY BERTING SURVEY SHIVE-HATTERY COMPANY 4125 Westown Phry,Suds tOD,West Des Moines,im 60266 RETURN TO ABOVE SURVEY COMPANY FEE SIMPLE U[ iT ION PLAT PARCEL 017-3F THIS SPACE RESERVED FOR RECORDER'S USE FEE SIMPLE LEGAL DESCRIPTION:PARCEL 017-3F OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION PART OF OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OUTLOT"D"GRAND ASPEN SUBDIVISION,4TH ADDITION NOW IN AND FORMING A PART OF THE CITY OF AMES, STORY COUNT,IOWA; I THENCE SOUTH 89033*12"WEST,ALONG THE SOUTH LINE OF SAID OUTLOT"C",FOR A I DISTANCE OF 227.00 FEET; THENCE NORTH 27039'08"WEST FOR A DISTANCE OF 214.96 FEET; THENCE NORTH 47°07'39"WEST FOR A DISTANCE OF 303.32 FEET TO THE BEGINNING OF A CURVE CONCAVED EASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE ALONG SAID CURVE FOR A DISTANCE OF 134.79 FEET,SAID CURVE HAVING A !( CHORD BEARING OF NORTH 34*15'22"WEST AND A CHORD DISTANCE OF 133.66 FEET: THENCE NORTH 21°23'06"WEST FOR A DISTANCE OF 125.97 FEET TO A POINT ON THE SOUTH LINE OF PARCEL-W,PLAT OF SURVEY,IN INST.NO.01-08198 RECORDED IN THE STORY COUNTY RECORDERS OFFICE; THENCE NORTH 8900624"EAST,ALONG THE SOUTH LINE OF SAID PARCEL"V,FOR A DISTANCE OF 328.30 FEET; THENCE SOUTH 25059'09"EAST FOR A DISTANCE OF 270,50 FEET; THENCE SOUTH 30008'25"EAST FOR A DISTANCE OF 445.00 FEET TO THE NORTHEAST CORNER OF SAID OUTLOT"D"AND THE POINT-OF-BEGINNING. a CONTAINING,175,196 SQ.FT.(4.022 ACRES) 5 I I 8 C T s ACQUISITION PLAT PROJECT NO. PARCEL 017-3F 4166730 '4' 5.GRAND AVENUE AND S.MN STREET EXTENSION s RitC `1fTLC r - P [ ! ,tI.. E R 1i _ _ nr stowA ..... DATE 141IM016 I SCALE SHEET NO a 4125 Westown Pkwy,Suite 100 j West Des Moines,Iowa 50266 -— - DRAWN MIN I FIELD BOOK ®� LL 515.223.8104 1 fax:515,223,0622 1 www.shive-hattery.com nrrRovED m�s REVISION Iowa I Illinois I Indiana — J ................_____............._......._...._.-.......... INDEX LEGEND _._._..._r._.�.........._.-----_.... LOCATION S GRAND AVE F REOUESTOR CITY OF AMES,IA PROPRIETOR : ' SCOTT E.RANDALL 't SURVEYOR MURRAY BERTING SURVEY SHNE•HATTERY COMPANY 4125 Westam PBwy,Sub 10D,West Des Manes,lava 50266 RETURN TO ABOVE SURVEY COMPANY PERMANENT EASEMENT ACQUISITION PLAT PARCEL 017-1P THIS SPACE RESERVED FOR RECORDER'S USE ___......._................_...._._ _,_....._...-._.._ ......... ................._..._..._.._..—_..........._..... .................i N 86"2422"E 940 SOFT. S 16.65' t 0.022 ACRES OUTLOT C OUTLOT C �, 'T'a�`, GRAND ASPEN s+ ; SUBDIVISION,2ND GRAND ASPEN ® � 1 � ADDITION SUBDIVISION,2ND ?� ADDITION S 33°16'34"W NW COR LOT 1,GRAND POB , 15.66' ASPEN SUBDIVISION,4TH ADDITION,FD 1/2"IRON ROD N 30"08'25"W 34.44'----' NE COR OUTLOT D, WITH YELLOW CAP#17161 S 89°33'2"W 1325.41' GRAND ASPEN! SUBDIVISION,4TH _._ADDITION,FD 1/2" LOT 1 OUTLOT D IRON ROD WITH YELLOW CAP GRAND ASPEN SUBDIVISION,4TH ADDITION #17161(POC) LE MONUMENT FOUND AS NOTED PROPOSED MONUMENT O SECTION LINE EXISTING ROW LINE PREVIOUS --.........._...._._._..._ _._..___. .._._... 3 PROPOSED ROW LINE EASEMENT LINE — --' LOT LINES .._.............-__......._......__............_........ _..------- 21) i r g-, ACQUISITION AREA C .. .... _._....... SCALE IN FEET POINT•OF-BEGINNING POB POINT-OF-COMMENCEMENT POC I ' `}• �'yLx� `zx {Y "N 1�.+'"+.AMA C+ T kS'x' MURRAY B °:a BERTING S x NAM _._MURRAY B,BER2I NG _ _....... CLIENT: CITY OF AMES,IOWA '. 13148 r Ys?an S15 CLARK AVE AMES,IA 50010 ALLSHEETs _.. ...._ _ /QWA .._... 515-239-5101 .... _.. ....................._- % ACQUISITION PLAT PROJECT NO. s F o- PARCEL 017-1 R a1se7so 5.GRAND AVENUE ANDS STH STREET EXTENSION s 9? C H 1 T E C T U R. E + E Ili G I N E F R I N �ry .._.._....__ .__ dE5�lOWA .-_ .._...._..._......._, 'E DATE 007WIa SCALE SNEET NO. � 4125 Westown Pkwy,Suite 1001 West Des Moines,Iowa 50266 ® aRAwN Jww FIELD8009 1 C?F 2 C 515.223.81041 fax:515.223,0622 (www,shive-hattery.com - Iowa 1 iiiinofs 1 Indiana APPrmvEo aeee REwswN INDEXLEGEND LOCATION S GRAND AVE REQUESTOR CITY OF AMES,1A - PROPRIETOR SCOTT E.RANDALL SURVEYOR MURRAY BERTING SURVEY SHiVE-HATTERY COMPANY 4125 Westown P"-,Sub 100,West Des Moines,lava 5M RETURN TO ABOVE SURVEY COMPANY I—EI NENT KSE EN ACQUISITION PLAT PARCEL 017-1P THIS SPACE RESERVED FOR RECORDER%USE PERMANENT EASEMENT LEGAL DESCRIPTION:PARCEL 017-iP OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION PART OF OUTLOT'C"GRAND ASPEN SUBDIVISION,2ND ADDITION 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 OUTLOT"D"GRAND ASPEN SUBDIVISION,4TH ADDITION NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNT,IOWA; THENCE NORTH 30W'25"WEST FOR A DISTANCE OF 34.44 FEET TO THE POINT-OF-BEGINNING; THENCE CONTINUING NORTH 30008'25"WEST FOR A DISTANCE OF 74.12 FEET; THENCE NORTH 86024'22"EAST FOR A DISTANCE OF 15.65 FEET; THENCE SOUTH 30008'25"EAST FOR A DISTANCE OF 60.12 FEET; THENCE SOUTH 33016'34"WEST FOR A DISTANCE OF 15.66 FEET TO THE POINT-OF-BEGINNING. CONTAINING 940 80,FT,(0.022 ACRES). IV Ep C3 R t " ACQUISITION PLAT PRWECTNO, Sri '0 PARCEL 017-1P a�esrsa .,1 ` S.GRAND AVENUE AND S.STH STREET EXTENSION a ARCH r _ aones.IGwA ......... 4125 Westown Pkw ,Suite 100 West Des Moines DATE N4/97Ra18 SGALE SHEET NO. a y � ,laws 50266 _._ ° - DRAVdhI M _.. Iowa I 3.5104 fax:51 .223.0822 vvwwshfve-hattery.com _ J FIELD BOOK _1_.,.. . �� Iowa Illinois I Indiana APPROVED rtJse REViSiON ,_.................- ....._......._.........__........._..........._._� _._._.............................._._.........................._� _ _..._..__....... ..._....... MlDIX LEGENO LOCATION ; S GRAND AVE REQUESTOR CITY OF AMES,IA PROPRIETOR SCOTT E.RANDALL SURVEYOR MURRAY BERTING 'SURVEY SHWE-HATTERY COMPANY 4125 Wesb m Pkwy,Sub 10a,West Des Moines,Ion 50206 RETURN TO ABOVE SURVEY COMPANY PERMANENT EASEMENT ACQUISITION LAT PARCEL 017-2P THIS SPACE RESERVED FOR RECORDERS USE ....__....._..- .. ..........._ _...... __... ....._.. .......... N 35°46'58"E 22.36' A 1400 SQ.FT. tri 0.032 ACRES OUTLOT C GRAND ASPEN spa gj SUBDIVISION,2ND ty AUDITION NW COR LOT 1,GRAND ASPEN SUBDIVISION,4TH S 6$°54'46"W cad t� ADDITION,FD 112"IRON ROD 1 22.36' WITH YELLOW CAP#17161 t' POB } i N 89.33'12"E 1098.41' 227.00' LOT 1 S 89"33'12"W GRAND ASPEN SUBDIVISION,4TH AUDITION NE COR OUTLOT D,GRAND ASPEN SUBDIVISION,4TH ADDITION,FD 112"IRON---1 ROD WITH YELLOW CAP#17161(POC) LEGEND: MONUMENT FOUND AS NOTED PROPOSED MONUMENT 0 SECTION LINE EXISTING ROW LINE PREVIOUS ._....._._............. ._ — ..._._—.—.._.._. ' PROPOSED ROW LINE EASEMENT LINE- ._.......... ........._...... ..._— ....... a LOT LINES ——————— — — cC; HD ACQUISITION AREA SCALE IN' FEET POINT-OF-BEGINNING P08 POINT-OF-COMMENCEMENT POC y Q A °2f kF CFf RY No ww- FZ 4.•�.H..�� 1) - V S ..�.'v > �h}7.1SW 3h t}Yts v !Ca= MURRAY B w keuc:...__#QT AYB_BERTING._..............._____..CLIENT: CITY OF AMES,IOWA i ' "x``.515CLARKAVEAMES,IA 50010 ...................._ 515-239-5101 _............................_._.._._._..............._._............_......._._....._. ........ ..__.. _. ACQUISITION PLAT PRDJECTNO. VSHIVEFII% s' ZEE 91R'N" 1 PARCEL 017 2P 418SM S GRAND AVENUE AND S.M STREET EXTENSION AMES,IWVA AP : , r w ;I~. RE+ 'ENG1NEERIN� I _....... _...__ DATE D4/17J20te SCALE SHEET NO. a 4125 Westown Pkwy,Suite 1001 West Des Moines,Iowa 50266 g �'y DRAWN mw FIELD BCDK i V LL 515.223.8104 I fax:515.223.0822 I wwwshive-hattery.Dom Iowa I Illinois I Indiana I APPROVED t%s REw61DN _.. _._... ............- .............. _...... . .. ....... INDEX LEGEND LOCATION S GRAND AVE REQUESTOR CITY OF AMES,IA PROPRIETOR SCOTT E.RANDALL SURVEYOR MURRAY SERTiNG SURVEY SHIVE41ATTERY COMPANY - 4125 Westown Rwy,S-Ae 100,West Des Mutnes,laws 60266 RETURN TO ABOVE SURVEY COMPANY PERMANENTEASEMENT ACQUISITION T PARCEL 017-2P THIS SPACE TfESERVED FOR RECORDER'S USE PERMANENT EASEMENT LEGAL DESCRIPTION:PARCEL 017-2P OUTLOT°C"GRAND ASPEN SUBDIVISION,2ND ADDITION PART OF OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION 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 OUTLOT"D"GRAND ASPEN SUBDIVISION,4TH ADDITION NOW IN AND FORMING A PART OF THE CITY OF AMES, STORY COUNT,IOWA; THENCE SOUTH 89033'12"WEST FOR A DISTANCE OF 227.00 FEET, THENCE NORTH 27039'08"WEST FOR A DISTANCE OF 38.74 FEET TO THE POINT-OF-BEGINNING; THENCE SOUTH 89054'46"WEST FOR A DISTANCE OF 22.36 FEET; THENCE NORTH 27039'08"WEST FOR A DISTANCE OF 60.00 FEET; THENCE NORTH 35046'58"EAST FOR A DISTANCE OF 22.36 FEET; THENCE SOUTH 27039'08"EAST FOR A DISTANCE OF 80.00 FEET TO THE POINT-OF-BEGINNING. CONTAINING 1,400 SQ.FT.(0.032 ACRES). � ' II a e f i h r, ACQUISITION PLkT PROlECTNo. US qM1 PARCEL 017-2P aass7s0 �'� S.GRAND AVENUE AND S.6TH STREET EX-MNS ON ` ARCH ITECTURE + ` C3 t aes.tawn DATE 04117mse SCALE SHEEMO. m .4125 Westown Pkwy,Suite 100 I West Des Moines,Iowa 50266 - - - DRAWN ,.. ,yWWm.sa FIELD BOCK 515.223.8104(fax:515.223.0622 1 www.shive-hattety.Com APPROVED Hasa- REwsiora Iowa I Illinois I Indiana _. _.. ......_ ..„....... ___..._ ....... INDEX LEGEND LOCATION S GRAND AVE REQUESTOR CITY OF AMES.IA _ PROPRIETOR SCOTT E.RANDALL SURVEYOR MURRAY BERTING SURVEY SHIVE-HATTERY COMPANY 4125 Wa_sb wn Pk",Suite 100,West Des Moines,Iowa 5M RETURN TO ABOVE SURVEY COMPANY FEE ACQUISITION �q SIMPLE PLAT PARCEL 017-1F THIS SPACE RESERVED FOR RECORDER'S USE NE CDR OUTLOT D,GRAND ASPEN ` SUBDIVISION,4TH ADDITION,FD 1J2"IRON ROD WITH YELLOW CAP#17161 (POB) 1 FEE SIMPLE LEGAL DESCRIPTION:PARCEL 017-1F OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION PART OF OUTLOT"C"GRAND ASPEN SUBDIVISION,2ND ADDITION NOW IN AND FORMING A PART OF THE CITY OF OUTLOT C AMES,STORY COUNTY,IOWA,MORE PARTICULARLY OUTLOT D DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF CiQ _ OUTLOT"D"GRAND ASPEN SUBDIVISION,4TH ADDITION cp NOW IN AND FORMING A PART OF THE CITY OF AMES, STORY COUNT,IOWA; O419 � THENCE SOUTH 14°42'41"EAST FOR A DISTANCE OF 163.48 FEET; THENCE SOUTH 28°34'18"WEST FORA DISTANCE OF 82,06 FEET,TO THE NORTHWEST CORNER OF LOT 1, ASPEN RIDGE 2ND ADDITION NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA; 1 M THENCE NORTH 00°33'51"WEST,ALONG THE EAST LINE OF \i\ 0 SAID OUTLOT"D",FOR A DISTANCE.OF 230.20 FEET TO THE NORTHEAST CORNER OF SAID OUTLOT"D"AND THE y i 4589 SQ.FT.. i POINT-OF-BEGINNING. ` fl.i06ACRES CONTAINING 4,599 SO.FT.(0.106 ACRES) LEGEND: MONUMENT FOUND AS NOTED t VFW PROPOSED MONUMENT Q a h� SECTION LINE ...._...... �. _ ......_. �y TVA EXISTING ROW LINE PREVIOUS — — - i { � PROPOSED ROW LINE - - — — — EASEMENT LINE41 — ! LOT LINES ACQUISITION AREA ' 20 40 80 POINT-OF-BEGINNING PDB n =:ra�E :N FEE; NW COR LOT 1 ASPEN RIDGE 2ND O AND Sit ADDITION,FND"X"CUT IN CONC. "^ ��LFp r ?Q r` MURRAY B o _ - e BERTING - MURRAY B BERTING CLIENT: CITY OF AMES,IOWA 13148 515 CLARK AVE AMES,IA 50010 ---- 515-239-5101 N" U A __.--.-._. ._ .�, ,� d r• ACQUISITION PLAT PRDaEcrNO- w - PARCEL 017-1 F 416573D 5i'�" " '" S.GRAND AVENUE AND S.5TH STREET EXTENSION din €' III T C f R1 E N G !NE FRItiGr .... �aEs,lawa - — DATE 04t17201S SCALE _._„ SHEET NO. ° 4125 Westown Pkwy,Suite 100 1 West Des Moines,Iowa 50266 ORAWN - - w 515.223.5104 1 fax;515.223.0622 1 wwwshivE3-hattery.com JWW F IELD I 0 _._0_K. APPROVED_ WEIR REVISION Iowa Illinois Indiana ............. F f,Y�rl Fit i f a � 2g a n m m 3 i s t r rg; y�A 8 g Ct-i y�z� � b Z )f{ Ames, Iowa, or the owner or tenant of the property being condemned regarding the condemnation proceedings. I FURTHER HEREBY ORDER that the Applicant, City of Ames, Iowa, mail and publish or serve a list of the above-named Compensation Commissioners and alternate Commissioners to the owner or owners of the property sought to be condemned, in accordance with Section 613.4 of the Iowa Code. TO THE SHERIFF OF STORY COUNTY, IOWA: Attached hereto please find a duplicate of the Application for Co demnation in the above matter. n e- Dated at , Iowa this day of August, 2019. J CHIEF D E OF THE SECOND JUDICIAL DISTRICT, IOWA Filed in my office at S , Iowa this day of August, 2019. � z SHERIFF OF ST OUNTY, IOWA t IN THE SHERIFF'S OFFICE OF STORY COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH ORDER SELECTING AND APPOINTING GRAND AVENUE EXTENSION PROJECT COMPENSATION COMMISSIONERS (Locally known as 1400 South AND ALTERNATE COMMISSIONERS Grand Avenue, Ames, Iowa) BY THE CHIEF JUDGE OF THE (Fee Simple Title) SECOND JUDICIAL DISTRICT by the OF IOWA CITY OF ANKENY, IOWA, Applicant. An Application for Condemnation having been filed with me by the City of Ames, Iowa, for the selection and appointment, by lot, of six suitable persons as provided by law to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in certain land described by the Applicant, in its Application filed in the above-entitled matter, I hereby DESIGNATE, SELECT, by lot, and APPOINT as the members of said Compensation Commission required in this matter the following persons: NAME ADDRESS QUALIFICATIONS -'Marian Olive • 1264 Northridge Rd., Story City .-Gina McAndrews • 1411 Roosevelt Ave., Ames Adrian McMullen 1018 F. Ave, Nevada LICENSED REAL Matt Law 1010 Northpark Blvd, Huxley ESTATE Lisa Nady 711 Cherokee St.,Nevada BROKER/SALESPERSON Traci Jennings 1606 Duff Ave., Ames /Lonnie Flack • 19733 677t" Ave., Nevada 1k 56919 Prairie View Dr., Story City Jon Klein 425 Baldwin St., Maxwell KNOWLEDGEABLE OF David Whitaker 26466 Sandhill Trl., Ames PROPERTY VALUES BY Edgar Christian 57782 1001h St., Story City VIRTUE-OF OCCUPATION Stephen Mahoney 407 2nd St., Gilbert Josh Eaton 912 Cherokee St., Nevada VCurt Bauer • 2800 Pinehurst Cir., Ames u/fimothy Grandon. 2721 Kellogg Ave., Ames NON-AGRICULTURE Matt Mardeson 634 Academy Cir.,Nevada Ben Weir 616 1" St., Colo I further DESIGNATE, SELECT, by lot, and APPOINT Timothy Grandon to act as Chairperson of said Commission and Curt Bauer is appointed to act as Alternate Chairperson. Pursuant to Section 613.5 of the Iowa Code, one of the above-named Compensation Commissioners shall be subject to challenge without cause by the Applicant, the City of Ames, i w Iowa, and one of the above-named Compensation Commissioners shall be subject to challenge without cause by the party or parties representing the ownership interest or interests of the property being condemned. Such challenge must be filed in writing with the Sheriff not less than seven (7) days prior to the meeting of the Compensation Commission to assess and appraise damages for the taking. I further DESIGNATE, SELECT, by lot, and APPOINT the following persons to serve as alternate members of said Compensation Commission, to serve in the event that any of the members having the same qualifications are unable to serve for any reason or in the event any such members are stricken from the panel as provided by law: NAME ADDRESS QUALIFICATIONS Misty Metschke 522 Smiley Ave., Ames Marc Olson 1007 Sampson Dr.,Nevada AnnPatterson 520 5th St.,Nevada LICENSED REAL ESTAff BROKER/SALESPERSON KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION Mark Jackson 825 Pennsylvania Ave., Story City Scott DeYoung 507 Pearl St., Cambridge NON-AGRICULTURE I HEREBY ORDER that if a person is excused from the Compensation Commission, the Applicant, City of Ames, Iowa, and person or persons representing the fee ownership interest in the property may stipulate in writing to the selection and notification of a particular Alternate Commissioner having the same qualifications as the person being replaced, provided such stipulation is filed with the Sheriff not less than seventy-two (72) hours prior to the meeting of the Commission. Absent such stipulation, the Sheriff of Story County, Iowa, shall notify person or persons unable to serve or stricken from the panel, such notification to be given to Alternate Commissioners in the same manner as the original Compensation Commissioners were notified. The Alternate Commissioner first notified who is available to serve as a Compensation Commissioner shall then serve in the place of the Commissioner who was unable to serve or who was stricken from the panel. I further direct that the above-named Alternate Commissioners shall not be subject to challenge without cause. I FURTHER HEREBY ORDER that the Commissioners, and such Alternate Commissioners as may be hereafter selected by the Sheriff due to the absence or removal of a Commissioner, shall appear at the time and place designated for the meeting of the Compensation Commission in the Notice of Meeting of Compensation Commission to Assess Damages for the Taking of Property, and that prior to said meeting, the above named Commissioners and Alternate Commissioners shall not communicate with the Applicant, City of t z" IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE , 9,CONDEMNATION OF CERTAIN " �O,�Y.: ,, 38 RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. To: Curt Bauer 2800 Pinehurst Circle Ames, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS,pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff s Office Conference Room, 1315 S. "B"Avenue,Nevada, Iowa 50201 on the 241h day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA By: ;e 1--4,a - 1 - Legal service of the foregoing Summons with Notice att ched is hereby accepted at 'A� U� , Iowa,this 1&,__day of , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: cry - 2 - IN THE SHERIFF'S OFFICE OF STORY COUNTY 9P SPP 12 All 8: 46 IN THE MATTER OF THE , CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE `, " STORY Cv€.� i `if SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa , by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. , To: Rick Schreier 56919 Prairie View Drive Story City, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS,pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff s Office Conference Room, 1315 S. "B"Avenue,Nevada, Iowa 50201 on the 241h day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA By: - 1 - Legal service of the foregoing Summons with Notice atta hed is he eby accepted at Iowa, this��ay of , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: �� i ^AJb t Q+ IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE ` ! AM 9: 38 CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE STORY Ci; =T SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. To: Gina McAndrews 1411 Roosevelt Avenue Ames, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS, pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff's Office Conference Room, 1315 S. "B"Avenue,Nevada, Iowa 50201 on the 241h day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA By: - 1 - Legal service of the foregoing Summons with Notice attached is hereby accepted at Ke '�aCk , Iowa, this_t&day of `' �en)Ded- , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: r� GJ i CO - 2 - IN THE SHERIFF'S OFFICE OF STORY COUNTY 71?1 �a� IN THE MATTER OF THE 9: 38 CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE STOP} Guu , EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. To: Marian Olive 1264 Northridge Road Story City, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS, pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff s Office Conference Room, 1315 S. `B"Avenue,Nevada, Iowa 50201 on the 24th day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to vie w ew said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA By: - 1 - Legal service of the foregoing Summons with Notice attached is hereby accepted at Iowa,this 1L'�'Elay of �� � , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: n �F Fri 'M IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE 35- CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE ` EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. To: Timothy Grandon Ames, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS, pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff's Office Conference Room, 1315 S. "B"Avenue,Nevada, Iowa 50201 on the 24th day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA s//r��" By: - 1 - Le al service of the foregoing Summons with Notice attached is hereby accepted at Iowa,this // day of ,S��y, , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By. / REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: - 2 - IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE ,•3S CONDEMNATION OF CERTAIN ��.. RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. To: Jon Klein 425 Baldwin Street Maxwell, IA The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS,pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff's Office Conference Room, 1315 S. `B"Avenue,Nevada, Iowa 50201 on the 24th day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA By. �� - 1 - eg 1ser y of the foregoing Summons�th Notice attached is hereby accepted at Iowa,this day of e . 1l" , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: 1 REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: - 2 - t IN THE SHERIFF'S OFFICE OF STORY COUNTY lkSk-P IN THE MATTER OF THE A7 7.3 CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa by the SUMMONS OF COMMISSIONERS CITY OF AMES, IOWA, . Applicant. To: Lonnie Flack 19733 6771h Avenue Nevada, Iowa The City of Ames, Iowa, has filed with the Chief Judge of the Second Judicial District of Iowa, an Application for Condemnation and Appointment of Commissioners to appraise damages, asking for the selection and appointment of a Compensation Commission to assess the damages which the owners, encumbrancers, lienholders and other persons' interest in the land sought to be appropriated or condemned in these proceedings will sustain by reason of such condemnation of the property. WHEREAS,pursuant to Iowa law, you have been selected and appointed by the Chief Judge of the Second Judicial District of Iowa, as a member of such Condemnation Commission, and Timothy Grandon has been designated as Chairman of the Commission. NOW, THEREFORE, YOU ARE COMMANDED to appear before the undersigned at Story County Sheriff's Office Conference Room, 1315 S. "B"Avenue,Nevada, Iowa 50201 on the 241h day of September, 2019, at 9:00 a.m., for the purpose of qualifying as a Commissioner and to proceed to view said premises and make an award of damages. The attached Notice of Meeting of Commissioners to Assess Damages identifies the persons and real estate affected by the condemnation. You should examine it in order to determine if you possess an interest in the proceeding which would cause you to render a biased decision. SHERIFF, STORY COUNTY, IOWA B Y• - 1 - Legal service of the foregoing Summons with Notice attached is hereby accepted at 19 , Iowa, this 0 day of 1r �` , 2019. ACCEPTANCE OF SERVICE The undersigned further certifies that he/she does not possess any interest in this proceeding which would cause a biased judgment. By: REFUSAL TO SERVE The undersigned is unable to serve for the reason that he/she possesses an interest in the proceeding which may cause a biased decision or for the reason that: By: IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa OATH OF by the COMMISSIONERS CITY OF AMES, IOWA, , Applicant. , STATE OF IOWA ) ss: COUNTY OF STORY ) Each of the undersigned, being duly sworn, states: 1. That I do possess the qualifications listed under my name below. 2. That I do not possess any interest in the proceeding which would cause me to render a biased decision. 3. That I will, to the best of my ability, faithfully and impartially assess the damages which owners, lienholders, encumbrancers and other persons interested in the land from which certain rights are sought to be appropriated by these proceedings will sustain by reason of the appropriation of the right as set forth and described in the Application now on file in the Office of the Sheriff of Story County. 4. That I will make a written report to the Sheriff, including the information used by the Commission in assessing the damages, all as authorized and prescribed in Chapters 6A and 613, Code of Iowa, and any amendments thereto, and in accordance with the instructions of the Chief Justice of the Supreme Court. - 1 - 5. That 1 will well and truly perform any and all other duties imposed upon me by law as a member of the Compensation Commission selected and appointed to assess said damages. /LAG By: Gina McAndrews By: lqarian Olive Qualifications: Licensed Real Estate Broker/ Qualifications: Licensed Real Estate Broker/ Salesperson Salesperson By:4.9h Klein By: Lonnie Flack Qualifications: Knowledgeable of Property Qualifications: Knowledgeable of Property Values by Virtue of Occupation Values by Virtue of Occupation By: Timothy Grandon By: Curt Bauer Qualifications: Other than Agricultural Qualifications: Other than Agricultural Subscribed and sworn to before me this-9�day of , 2019. JAIW L JOHNSON . ° C,ommlealm Number 703065 owa MyComm ires of Public in and for fftaie of Iowa Filed in my office thisdayof 2019. Sheriff - 2 - IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa SHERIFF'S CERTIFICATION by the OF COSTS AND AWARDS CITY OF AMES, IOWA, Applicant. To: Clerk of Story County District Court/Story County Recorder: I hereby certify that the appointed commissioners in the above-entitled condemnation commission proceeding convened at 1315 S. "B" Avenue,Nevada, Iowa on the 24`h day of September, 2019, and thereupon proceed to view the premises and the commission did thereafter on the 24r" day of September, 2019, file their written report with me awarding damages as follows: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 171" Street Ames, Iowa 50010 Total Damages Awarded: $ (03. t' UO Date of Mailing the Notice of Appraisement of Damages to Condemners: 19 Awards Deposited by Applicant: Notice of Appeal filed by Commissioners' Fees& Expenses Sheriffs Civil Fees Gina McAndrews $a60 A Postage: $1&00 Timothy Grandon $ , bQ County Fees: $ zw.0d Curt Bauer $Q I Ih0 Attended Jury: $ a3. ab Jon Klein SQ?I5.O$ Newspaper: siog.49 Lonnie Flack $a l i.(0 GIs C ODMME;E' y►LS $02,n Marian Olive $ Onc;i es $'�5.C)0 Total: $ � Total: :t 1�5�15 .33 $ L i IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 24th day of September, 2019, are as follows and that these claims are due,just and unpaid. VAM( day service at $200.00 $ �g ey miles at .58 cents $ meals $parking $ Signed this day of , 2019. Commissioner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 241h day of September, 2019, are as follows and that these claims are due,just and unpaid. ®o day service at $200.00 $ 2�ry r 20 miles at .58 cents $ meals $ parking $ Signed this .2f- day of ,o � fJ , 2019. C L Commis Toner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 24t" day of September, 2019, are as follows and that these claims are due,just and unpaid. day service at $200.00 $ miles at .58 cents $ '�-- meals $ parking $ Signed this day of SfFte44her� `� , 2019. Commissioner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 24"' day of September, 2019, are as follows and that these claims are due,just and unpaid. / day service at $200.00 ya miles at .58 cents $ a:3 , dO _ meals $ parking $ Q Signed this�day of grc,a± , 2019. 1,10 Com issioner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames,Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 24t" day of September, 2019, are as follows and that these claims are due,just and unpaid. j G day service at $200.00 $ -2a O `~ o10 miles at .58 cents $ meals $ parking $ Signed thisvZ-' day of ,5� a J�� , 2019. s U�/Vw, 0. Commissioner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa CONDEMNATION by the COMMISSIONER'S STATEMENT CITY OF AMES, IOWA, Applicant. To the Sheriff of Story County: I certify that my fee and expenses as a member of the Commission in the matter of the condemnation of certain real estate or rights to real estate for the South Grand Avenue Extension held on the 24t" day of September, 2019, are as follows and that these claims are due,just and unpaid. day service at $200.00 $ 200 ,GO miles at .58 cents $ I � ,08 meals $ o parking $ 1 / Signed this Zq n�day of , 2019. Co mis 'oner IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa by the NOTICE OF PUBLIC MEETING OF COMPENSATION COMMISSION CITY OF AMES, IOWA, TO ASSESS DAMAGES FOR TAKING OF PROPERTY Applicant. To: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 17th Street Ames, Iowa 50010 and all other persons, companies or corporations having an interest in or owning any of the following-described real estate: Fee Simple Interest—City of Ames, Iowa: Parcel 017-2F Outlot"D" Grand Aspen Subdivision, 4th Addition, now in and forming a part of the City of Ames, Story County, Iowa. Containing 8,070 sq. ft. (0.185 acres) Parcel 017-3F Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast Corner of Outlot"D" Grand Aspen Subdivision, 41h Addition now in and forming a part of the City of Ames, Story, County, Iowa; thence South 89133'12"West, along the South line of said Outlot"C", for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 214.96 feet; thence North 47°07'39" West for a distance of 303.32 feet to the beginning of a curve concaved Easterly and having a radius of 300.00 feet; Thence along said curve for a distance of 134.79 feet, said curve having a chord bearing of North 349 5'22" West and a chord distance of 133.66 feet; thence North 21°23'06" West for a distance of 125.97 feet to a point on the South line of Parcel "V", Plat of Survey, in Inst. No. 01-08198 recorded in the Story County Recorder's Office; thence North 89°05'24"East, along the South line of said - 1 - Parcel"V"for a distance of 328.30 feet; thence South 25°59'09" East for a distance of 270.50 feet;thence South 30108'25" East for a distance of 445.00 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 175,196 sq. ft. (4.022 acres). Parcel 017-1F Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of Outlot"D" Grand Aspen Subdivision, 4d'Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 14°42'41" East for a distance of 163.48 feet; thence South 28'34'18" West for a distance of 82.06 feet,to the Northwest corner of Lot 1,Aspen Ridge 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa;thence North 00°33'51" West, along the East line of said Outlot"D", for a distance of 230.20 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 4,599 sq. ft. (0.106 acres). Property Address: 1400 South Grand Avenue, Ames, Iowa, Ames, Iowa. AND Easement Interest—City of Ames, Iowa: _. Parcel 017-1P: Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 0 Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 30°08'25" West for a distance of 34.44 feet to the point of beginning; thence continuing North 30°08'25" West for a distance of 74.12 feet; thence North 86°24'22" East for a distance of 15.65 feet;thence South 30008'25" East for a distance of 60.12 feet; thence South 33°16'34"West for a distance of 15.66 feet to the point of beginning. Containing 940 sq. ft. (0.022 acres). Parcel 017-2P: Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 4`h Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 89°33'12" West for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 38.74 feet to the point of beginning; thence South 89°54'46" West for a distance of 22.36 feet;thence North 27°39'08" West for a distance of 60.00 feet; thence North 35°46'58" East for a distance of 22.36 feet; thence South 27°39'08"East for a distance of 80.00 feet to the point of beginning. Containing 1,400 sq. ft. (0.032 acres). -2 - PUBLIC NOTICE IS HEREBY GIVEN: That the City of Ames, Iowa, desires the condemnation of fee simple interests and permanent easements for the South Grand Avenue Extension Project on the above-described property, as shown on the plats attached to the Application for Condemnation filed with the Chief Judge of the Second Judicial District and in the office of the Sheriff of Story County, Iowa. That such condemnation is sought for use in accordance with the South Grand Avenue Extension Project. That a Compensation Commission has been appointed, as provided by law, for the purpose of appraising the damages which will be caused by the taking of the above-described property. That the Compensation Commission will, on the 20 day of September, 2019 at 9:00 a.m., in the Story County Sheriff s Office Conference Room, 1315 S. "B" Avenue, Nevada, Iowa, and will then proceed to view the property and to appraise the damages, at which time you may appear before the Commissioners if you care to do so. That the meeting of the Compensation Commission is open to the public, as provided by Chapter 21 of the Iowa Code. CITY OF AMES, IOWA 10 .ed Amy S. Vattie AT0000737 BRICK, GENTRY, BOWERS, SWARTZ &LEVIS, P.C. 6701 Westown Parkway, Suite 100 West Des Moines, Iowa 50266 Telephone: (515) 274-1450 Fax: (515)274-1488 E-mail: amy.beattie@brickgentrylaw.com ATTORNEY - 3 - ACCEPTANCE OF SERVICE STATE OF IOWA ) SS: COUNTY OF STORY ) I, Franklin J. Feilmeyer, attorney for Scott E. Randall and Jane S. Randall, does hereby acknowledge due, legal and timely service of the Application for Condemnation, Order Selecting and Appointing Compensation Commissioners and Notice of Public Meeting of Co_��p� ensation Commissioners. The aforementioned documents are hereby accepted on this- ZK lay of August, 2019. The undersigned consents as attorney on behalf of Scott E. Randall and Jane S. Randall and waives any irregularities in service. Fra lin J. Feil ey r Pasl y and Singer Law Firm L.L.P. 323 Sixth Street Ames, Iowa 50010 Subscribed and sworn to before me by Franklin J. Feilmeyer this ??'" day of August, 2019. pAl JENNIFER WIERCK ♦r Sp Commissim Number 815M My Comn*Ww Expires Nota ublic i d for the State of Iowa ow February 14,2022 Proof Of Publication In THE AMES TRIBUNE ----------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------- STATE OF IOWA, STORY COUNTY,ss. I, Rebecca Bjork, on oath depose and say that I am Advertising Director of THE AMES TRIBUNE, a daily newspaper, published at Ames, Story County, Iowa; that the annexed printed STORY COUNTY SHERIFF Notice of Public Meeting - Scott/Jane Randall was published in said newspaper 1 time(s) on September 12, 2019 the last of said publication was on the 12th day of September, 2019 J�C � ►v�rl�Sr_� �a KIMBERLY NELSEN Commission Number 790054 MY Commission Expires May 19,2021 Notary Public sworn to before me and subscribed in my presence by Rebecca Bjork, Advertising Director on this the 12th day of September, 2019 COST: $109.48 AD #: 1274473 ACCT: 34670 i f li..'' 12 j"-` I #1274473 Parcel017-IF HEREBY GIVEN: IN THE SHERIFF'S OFFICE OF Part of Outlot"C"Grand Aspen That the City of Ames,Iowa,de- STORY COUNTY Subdivision, 2nd Addition now in sires the condemnation of fee and forming a part of the City of simple interests and permanent IN THE MATTER OF THE CONDEM- Ames, Story County, Iowa, more easements for the South Grand NATION OF CERTAIN RIGHTS IN particularly described as follows: Avenue Extension Project on the LAND FOR USE IN THE SOUTH Beginning at the Northeast corner above-described property, as GRAND AVENUE EXTENSION PROJ- of Outlot"D"Grand Aspen Subdi- shown on the plats attached to ECT and locally known as: 1400 vision, 4th Addition now in and the Application for Condemnation South Grand Avenue,Ames,Iowa forming a part of the City of Ames, filed with the Chief Judge of the Story County,Iowa;thence South Second Judicial District and in the by the 14°42'41" East for a distance of office of the Sheriff of Story Coun- 163.48 feet;thence South 28°34'18" ty,Iowa. CITY OF AMES,IOWA, West for a distance of 82.06 feet, That such condemnation is Applicant. to the Northwest corner of Lot 1, sought for use in accordance with Aspen Ridge 2nd Addition now in the South Grand Avenue Extension NOTICE OF PUBLIC MEETING OF and forming a part of the City of Project. COMPENSATION COMMISSION Ames,Story County,Iowa;thence That a Compensation Commis- TO ASSESS DAMAGES FOR North 00°33'51" West, along the sion has been appointed,as pro- TAKING OF PROPERTY East line of said Outlot"D",for a vided by law, for the purpose of distance of 230.20 feet to the appraising the damages which To:Titleholders: Northeast corner of said Outlot will be caused by the taking of the Scott E.Randall "D" and the point of beginning. above-described property. and Jane S.Randall Containing 4,599 sq. ft. (0.106 That the Compensation Commis- 420 S.17th Street acres). Sion will,on the 24th day of Sep- Ames,Iowa 50010 Property Address: 1400 South tember, 2019 at 9:00 a.m., in the Grand Avenue,Ames,Iowa,Ames, Story County Sheriff's Office Con- and all other persons,companies Iowa. ference Room,1315 S."B"Avenue, or corporations having an interest AND Nevada, Iowa, and will then Pro- in or owning any of the following- Easement Interest - City of ceed to view the property and to described real estate: Ames,Iowa: appraise the damages, at which Fee Simple Interest - City of Parcel017-IP: time you may appear before the Ames,Iowa: Part of Outlot"C"Grand Aspen Commissioners if you care to do Parcel017-2F Subdivision, 2nd Addition now in so. Outlot"D"Grand Aspen Subdivi- and forming a part of the City of That the meeting of the Compen- sion, 4th Addition, now in and Ames, Story County, Iowa, more sation Commission is open to the forming a Part of the City of Ames, Particularly described as follows: public,as provided by Chapter 21 Story County, Iowa. Containing Commencing at the Northeast cor- of the Iowa Code. 8,070 sq.ft.(0.185 acres) ner of Outlot "D" Grand Aspen CITY OF AMES,IOWA Parcel 017-3F Subdivision, 4th Addition now in Amy S.Beattie Part of Outlot"C"Grand Aspen and forming a part of the City of AT0000737 Subdivision, 2nd Addition now in Ames,Story County,Iowa;thence BRICK,GENTRY, and forming a part of the City of North 30*08'25" West for a dis- BOWERS,SWARTZ& Ames, Story County, Iowa, more tance of 34.44 feet to the point of LEVIS,P.C. Particularly described as follows: beginning; thence continuing 6701 Westown Parkway, Beginning at the Northeast Cor- North 30°08'25" West for a dis- Suite 100 ner of Outlot "D" Grand Aspen tance of 74.12 feet;thence North West Des Moines,Iowa 50266 Subdivision, 4th Addition now in 86-24'22" East for a distance of Telephone: (515)274-1450 and forming a part of the City of 15.65 feet;thence South 30*08'25" Fax: (515)274-1488 Ames,Story,County,Iowa;thence East for a distance of 60.12 feet; E-mail: South 89°33'12" West, along the thence South 33116'34"West for a amy.beattieapbrickgentrylaw.com South line of said Outlot"C",for a distance of 15.66 feet to the point ATTORNEY distance of 227.00 feet; thence of beginning. Containing 940 sq. North 27°39'08" West for a dis- ft.(0.022 acres). This notice published pursuant to tance of 214.96 feet;thence North Parcel 017-2P: Section 6B.11,Code of Iowa. 47°07'39" West for a distance of Part of Outlot"C"Grand Aspen Paul H.Fitzgerald 303.32 feet to the beginning of a Subdivision, 2nd Addition now in Story County Sheriff curve concaved Easterly and hav- and forming a part of the City of By: Jaime Johnson ing a radius of 300.00 feet;Thence Ames, Story County, Iowa, more Office Services Technician along said curve for a distance of particularly described as follows: 134.79 feet, said curve having a Commencing at the Northeast cor- Published in the Ames Tribune on chord bearing of North 34°15'22" ner of Outlot "D" Grand Aspen September 12,2019(13) West and a chord distance of Subdivision, 4th Addition now in 133.66 feet;thence North 21°23'06" and forming a part of the City of West for a distance of 125.97 feet Ames,Story County,Iowa;thence to a point on the South line of Par- South 89°33'12" West for a dis- cel"V Plat of Survey,in Inst.No. tance of 227.00 feet;thence North 01-08198 recorded in the Story 27-39'08" West for a distance of County Recorder's Office; thence 38.74 feet to the point of begin- North 89'05'24" East, along the ning;thence South 89°54'46"West South line of said Parcel"V"for a for a distance of 22.36 feet;thence distance of 328.30 feet; thence North 27°39'08" West for a dis- South 25°59'09"East for a distance tance of 60.00 feet;thence North of 270.50 feet; thence South 35-46'58" East for a distance of 30*08'25" East for a distance of 22.36 feet;thence South 27°39'08" 445.00 feet to the Northeast corner East for a distance of 80.00 feet to of said Outlot"D"and the point of the point of beginning. Containing beginning. Containing 175,196 sq. 1,400 sq.ft.(0.032 acres). ft.(4.022 acres). PUBLIC NOTICE 15 l IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa AFFIDAVIT REGARDING by the MOST CURRENT OFFER TO TITLEHOLDER CITY OF AMES, IOWA, Applicant. STATE OF IOWA ) ss: COUNTY OF DALLAS ) The undersigned, being duly sworn, states that attached hereto is the most recent offer made to the titleholder by the City of Ames, Iowa. Amy S. eattie AT0000737 BRICK, GENTRY, BOWERS, SWARTZ & LEVIS, P.C. 6701 Westown Parkway, Suite 100 West Des Moines, Iowa 50266 Telephone: (515) 274-1450 Fax: (515) 274-1488 E-mail: amy.beattie@brickgentrylaw.com ATTORNEY FOR CITY OF AMES, IOWA STATE OF IOWA,DALLAS COUNTY, ss: On this day o W, �, efo me the undersigned, a Notary Public in and for said State, personally appeared Amy S. Beattie,to me known to be the person named in and who executed the foregoing instrument; and acknowledged that e executed the instrument as her voluntary act and deed. Not public in r said State 1 IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa , SHERIFF'S RETURN AND by the REPORT OF COMMISSIONERS CITY OF AMES, IOWA, Applicant. SHERIFF'S RETURN BE IT REMEMBERED that on the 24t" day of September, 2019, the City of Ames, Iowa, a municipal corporation organized and existing under and by virtue of the laws of the State of Iowa, and located in the County of Story, did, in pursuance of law, make written application to the Chief Judge of the Second Judicial District for Story County, Iowa, for the appointment of Commissioners under the laws of the State of Iowa, in such cases made land provided to assess the damages sustained by the various persons, companies or corporations owning or having any interest in the property in the City of Ames, Story County, Iowa, which said municipal corporation desires to take, acquire, appropriate and condemn for the purpose of the South Grand Extension Project, and it being made to appear that the persons, companies or corporations owning or claiming any interest in said property have refused to grant the same to said municipal corporation for said purposes and that said municipal corporation cannot agree with said owners and claimants of an interest in said property upon the compensation to be paid for the same, the Chief Judge of the Second Judicial District for Story County, Iowa, in pursuance of the powers vested in him by law and said written application having been filed with him, did appoint six (6) - 1 - resident freeholders of the County of Story, State of Iowa, who were not interested in the same or a like question to inspect the said property and assess the damages which said owners and claimants of an interest in the same might sustain by reason of the appropriation thereof by said corporation for the uses and purposes aforesaid, the said freeholders appointed being: Name Address Qualifications Gina McAndrews 1411 Roosevelt Avenue Ames, Iowa Licensed Real Estate Broker/ Salesperson Marian Olive 1264 Northridge Road Story City, Iowa Jon Klein 425 Baldwin Street Maxwell, Iowa Knowledgeable of Property Values by Lonnie Flack 19733 677th Avenue Virtue of Occupation Nevada, Iowa Timothy Grandon 2851 Monroe Drive Ames, Iowa Other than Agricultural Curt Bauer 2800 Pinehurst Circle Ames, Iowa and said Commissioners were duly and legally summoned to view the said property as herein described on the 24th day of September, 2019, at 9:00 o'clock A.M., and to assess the damages of each of the owners thereof, and persons, companies or corporations having or claiming an interest therein by reason of the appropriation of the same by said municipal corporation for said purpose, which said owners and persons, companies or corporations having or claiming an interest therein are as hereinafter set out. WHEREUPON, all of said Commissioners met in my office at the 1315 South"B" Avenue in Nevada, Story County, Iowa, on the 24th day of September, 2019, and said Commissioners, and each of them, then and there signed and made oath and qualified by filing - 2 - with me their written oath, the original of said oath being attached hereto, marked"Exhibit A", and by this reference made a part hereof. Thereafter, the Commissioners did, on the 24th day of September, 2019, view the said property and did thereafter meet in public session to assess the damages that said property owners and claimants of an interest in said property will sustain by reason of the appropriation of the same by said City for the purposes aforesaid. Due and legal notice of the proposal of said municipal corporation to take said properties for the street widening project, and of the time and place of meeting of said Commissioners for the purpose of making such assessment having been heretofore given and published, after the appointment of the Commissioners, to the owners of the said described property and all persons, companies or corporations having or claiming an interest therein, the said Commissioners thereupon made out and returned their report of assessment of damages, as follows to-wit: REPORT OF COMMISSIONERS TO THE SHERIFF OF STORY COUNTY, IOWA: The undersigned, duly appointed and qualified Commissioners did inspect the property herein after described and assess the damages which the owners thereof and persons, companies or corporations having or claiming an interest therein will sustain by reason of the appropriation of the same for the South Grand Extension Project, having been duly sworn, faithfully and impartially assess all such damages, and it appearing that all persons, companies or corporations owning or claiming an interest in any of the property hereinafter described have been duly and legally notified of the proceedings herein and the time and place of our meeting to view said property and assess their damages, as aforesaid, we did, on the 24th day of September, 2019, view the real estate hereinafter described and assess the damages which the owners thereof and - 3 - persons having or claiming an interest therein will sustain by reason of the appropriation of the same by said municipal corporation for the purposes aforesaid. II And we now, after day(s) of deliberation, on the day of b , 2019, return this, our true findings in the premises, as shown below, as actual damages for the taking of the property hereinafter described: Fee Simple Interest—City of Ames, Iowa: Parcel 017-2F Outlot"D" Grand Aspen Subdivision, 0 Addition, now in and forming a part of the City of Ames, Story County, Iowa. Containing 8,070 sq. ft. (0.185 acres) Parcel 017-3F Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast Corner of Outlot"D" Grand Aspen Subdivision, 41h Addition now in and forming a part of the City of Ames, Story, County, Iowa; thence South 89°33'12" West, along the South line of said Outlot "C", for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 214.96 feet; thence North 47°07'39" West for a distance of 303.32 feet to the beginning of a curve concaved Easterly and having a radius of 300.00 feet; Thence along said curve for a distance of 134.79 feet, said curve having a chord bearing of North 34115'22" West and a chord distance of 133.66 feet; thence North 21°23'06" West for a distance of 125.97 feet to a point on the South line of Parcel "V", Plat of Survey, in Inst. No. 0 1-08198 recorded in the Story County Recorder's Office; thence North 89°05'24" East, along the South line of said Parcel "V" for a distance of 328.30 feet; thence South 25°59'09" East for a distance of 270.50 feet; thence South 30°08'25" East for a distance of 445.00 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 175,196 sq. ft. (4.022 acres). Parcel 017-1F Part of Outlot "C" Grand Aspen Subdivision, 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of Outlot"D" Grand Aspen Subdivision, 4th Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 14°42'41" East for a distance of 163.48 feet; thence South 28'34'18" West for a distance of 82.06 feet, to the Northwest corner of Lot 1, Aspen Ridge 2nd Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 00°33'51" West, along the East line of said Outlot "D", for a distance of 230.20 feet to the Northeast corner of said Outlot "D" and the point of beginning. Containing 4,599 sq. ft. (0.106 acres). - 4 - Property Address: 1400 South Grand Avenue, Ames, Iowa, Ames, Iowa. Easement Interest—City of Ames,Iowa: Parcel 017-1P: Part of Outlot"C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 4th Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 30°08'25" West for a distance of 34.44 feet to the point of beginning; thence continuing North 30°08'25" West for a distance of 74.12 feet; thence North 86°24'22" East for a distance of 15.65 feet; thence South 30008'25" East for a distance of 60.12 feet; thence South 33'16'34" West for a distance of 15.66 feet to the point of beginning. Containing 940 sq. ft. (0.022 acres). Parcel 017-2P: Part of Outlot "C" Grand Aspen Subdivision, 2nd Addition 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 Outlot"D" Grand Aspen Subdivision, 41h Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 89°33'12" West for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 38.74 feet to the point of beginning; thence South 89°54'46" West for a distance of 22.36 feet; thence North 27°39'08" West for a distance of 60.00 feet; thence North 35°46'58" East for a distance of 22.36 feet; thence South 27°39'08" East for a distance of 80.00 feet to the point of beginning. Containing 1,400 sq. ft. (0.032 acres). The names and addresses of all record owners and holders of liens and encumbrancers, as far as shown are as follows: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 171h Street Ames, Iowa 50010 Award for Temporary Easement $ TOTAL AWARD $ U The information replied on by the Commissioners in assessing the damages for the taking as above provided is as follows: - 5 - Report of Compensation Commissioners VOTES Results of votes taken by the Commissioners during the meeting are as follows: Date: 9-24-19 Time: t l� Vote taken for: 1Ce Commissioner Name Category Vote (Y/N) Marian Olive Licensed Real Estate Broker/Salesperson Gina McAndrews Licensed Real Estate Broker/Salesperson Lonnie Flack Knowledgeable of Property Values by Virtue of Occupation Jon Klein Knowledgeable of Property Values by Virtue of Occupation Curt Bauer Non-Agriculture Timothy Grandon Non-Agriculture Note to Commissioners: Complete a separate sheet for each vote taken. The results of each vote taken during closed session must be made public after reconvening in open session. Note to Commissioners: Attach additional sheets, if needed,to describe the information relied on, and make reference to documents relied on(e.g. appraisals) in assessing damages for the taking. WITNESS OUR HANDS at Nevada, Iowa, the day and year last above written. By: KzdBy: Mari n Olive Gina McAndrews By: Q By: Lonnie Flackl J n Lein By: / By: Curt Bauer Timothy Grandon - 6 - 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. 17 COUNTY Story PROJECT South Grand Avenue Extension CITY Ames,IA SELLER: Scott E.Randall and Jane S.Randall,husband and wife THIS AGREEMENT made and entered into this day of ,20 ,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,a permanent storm sewer easement,and a temporary construction easement,hereinafter referred to as the premises,situated in parts of the following: Part of Outlot C of Grand Aspen Subdivision Second Addition,City of Ames County of Story,State of Iowa,and more particularly described on Pages 4-12,including the following buildings,improvements and other property: All land,trees,shrubs landscapine and surfacinu 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 $ on conveyance of title $ on surrender of possession $ 76,320.00 on possession and conveyance 60 days after Buyer approval $ 76,320.00 TOTAL LUMP SUM Breakdown Ac./SgXt. Land by Fee Title 4.313 acres Fence: rods woven Underlying Fee Title acres Fence: rods barbed Permanent Easement 0.054 acres Temporary Easement 0.424 acres Note to Commissioners: Attach additional sheets, if needed, to describe the information relied on, and make reference to documents relied on(e.g. appraisals) in assessing damages for the taking. WITNESS OUR HANDS at Nevada, Iowa, the day and year last above written. By: By: Mari n Olive Gina McAndrews BY: — ��" By: Lonnie Flac J nt4tG�� By: By: Curt Bauer Timothy Grandon - 6 - t 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. 17 COUNTY Story PROJECT South Grand Avenue Extension CITY Ames IA SELLER: Scott E.Randall and Jane S.Randall,husband and wife THIS AGREEMENT made and entered into this day of ,20 ,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,a permanent storm sewer easement,and a temporary construction easement,hereinafter referred to as the premises,situated in parts of the following: Part of Outlot C of Grand Aspen Subdivision Second Addition,City of Ames, County of Story,State of Iowa,and more particularly described on Pages 4-12,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 $ on conveyance of title $ on surrender of possession $ 76,320.00 on possession and conveyance 60 days after Buyer approval $ 76,320.00 TOTAL LUMP SUM Breakdown Ac./Sa.Ft. Land by Fee Title 4.313 acres Fence: rods woven Underlying Fee Title acres Fence: rods barbed Permanent Easement 0.054 acres Temporary Easement _ 0.424 acres DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 1 of 4 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except:Legacy Golf Associates. 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. The Seller agrees to allow the closing agent representing the Buyer to make contact with the Seller's lender or other lienholders,as applicable,to obtain a release of mortgage,release of lien(s),or subordination,if required,to complete the closing of this real estate transaction. The Seller agrees to execute any other Release of Information required by the Buyer to obtain any necessary lien release. Names and addresses of lienholders are: None 6. 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. 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. Buyer will be responsible for the payment of transfer tax incurred as a part of this real estate transaction,if any required by law,as approved by the Public Works Department. 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. Temporary Golf Course Access-Currently the entire Coldwater Golf Course is in operation as a golf course,and the plan after completion of this road improvement project has been that the Premises will continue to operate as a golf course. Buyer agrees to grant Seller a temporary easement for immediate access from the South Grand Avenue road right-of-way to the West side of the existing golf course via the access proposed on the plan sheets provided by Buyer to Seller. Said access will only be granted while the golf course is still in operation,and only a driveway apron will be paved by the Buyer,with the rest of the access area being compacted fill dirt. Should the golf course close, said temporary access easement shall immediately terminate. 13. Permanent Access—Buyer plans to not have driveways from the Coldwater Golf Course directly onto South Grand Avenue due to safety concerns of pedestrian and golf cart traffic on a city minor arterial street. For golf course pedestrian and golf cart traffic to access both sides of the golf course,a lighted culvert is planned to run under the new South Grand Avenue as a part of this project. In addition, Buyer agrees to increase the size of said culvert to 10 feet in height and 16 feet in width to accommodate the golf course operations.However,if the golf course were to close,and Seller or future landowner were to go through the DRC development process required by the Buyer,the Buyer would allow access to the subject property West of the new Grand Avenue that is legally permissible and compliant with SUDAS,City ordinances,and zoning codes. 14. Permanent Easement—The Permanent Easement area is being acquired by Buyer to maintain an underpass used for golf course access. After project construction is complete,the permanent easement area can still be used by Seller for yard,setback, and greenspace purposes. No buildings will be permitted to be constructed on the permanent easement area. Also,any trees, bushes,or shrubs planted in this area in the future can be removed by the Buyer without replacement or reimbursement. 15. Landscaping—2 small evergreen trees will be removed by Buyer for this project. The Project Appraiser proposed 3 4-6 foot tall evergreen trees to replace the 2 trees planned for removal at$300 per tree,or$900 total. This compensation for replacement of trees is included in the Total Lump Sum on page 1 of this agreement. DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 2 of 4 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 X Scott E.Randall Jane S.Randall 420 S. 171"Street Ames,IA 50010 (Mailing Address) (NOTARY PUBLIC:PLEASE COMPLETE LEFT AND RIGHT SIDES) SELLER'S ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF IOWA } ®INDIVIDUAL COUNTY OF STORY } ss: ❑CORPORATE Title(s)of Corporate Officer(s): On this day of A.D. 20 ,before me,the undersigned,a Notary Public in and for said State,personally appeared ❑ Corporate Seal is affixed Scott E.Randall and Jane S.Randall,husband and wife ❑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: (Sign in Ink) SIGNER IS REPRESENTING: Signature of Notary Public List names)of entity(ies) or person(s) BUYER'S ACKNOWLEDGMENT STATE OF IOWA , COUNTY OF STORY ss: On this day of 20 , before me, the undersigned, personally appeared John A. Haila, known to me to be the Mayor, and Diane Voss, known to me to be the City Clerk, 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. Signature of Notary Public BUYER'S APPROVAL BY Date: Recommended by: Ryan K. Gurwell, Project Manager BY Date: Approved by: John A. Haila, Mayor City of Ames, Iowa BY Date: Approved by: Diane Voss, City Clerk City of Ames, Iowa DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 3 of 4 (P17 PLATS AND EXHIBITS PROVIDED TO SELLER TO BE ATTACHED AND MADE A PART OF THIS AGREEMENT HEREOF) DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 4 of 4 IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa ENDORSEMENT OF SHERIFF by the MAILING OF NOTICE OF APPRAISEMENT OF DAMAGES CITY OF AMES, IOWA, AND TIME FOR APPEAL Applicant. , I, the undersigned, Sheriff of Story County, hereby endorse the foregoing Report of Commissioners that I have mailed by ordinary mail on the day of 20_L�_, the attached Notices of Appraisement of damages and time for appeal to each of the persons to which they are addressed. 4 * Paul rtzge"Sheriff Story Cou Iowa By: puty - 1 - CCPy IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa NOTICE OF APPRAISEMENT by the AND TIME FOR APPEAL CITY OF AMES,IOWA, Applicant. To: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 17t" Street Ames, Iowa 50010 Taxing Authority: Story County, Iowa Story County Administration Building 900 01' Street Nevada, Iowa 50201 Re: Fee Simple Interest—City of Ames, Iowa: Parcel 017-2F Outlot"D" Grand Aspen Subdivision, 4t" Addition, now in and forming a part of the City of Ames, Story County, Iowa. Containing 8,070 sq. ft. (0.185 acres) Parcel 017-3F Part of Outlot"C" Grand Aspen Subdivision, 2"`'Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast Corner of Outlot"D" Grand Aspen Subdivision, 4` Addition now in and forming a part of the City of Ames, Story, County, Iowa; thence South 89°33'12" West, along the South line of said Outlot"C", for a distance of 227.00 feet; thence North 27°39'08" West for a distance of 214.96 feet; thence North 47°07'39" West for a distance of 303.32 feet to the beginning of a curve concaved Easterly and having a radius of 300.00 feet; Thence along said curve for a distance of 134.79 feet, said curve having a chord bearing of North 34°15'22" West and a chord distance of 133.66 feet; thence North 21°23'06" West for a distance of 125.97 feet to a point on the South line of Parcel "V", Plat of Survey, in Inst. No. 01-08198 recorded in the Story County Recorder's Office; thence North 89°05'24" East, along the South line of said Parcel "V" for a distance of 328.30 feet;thence South 25°59'09" East for a distance of 270.50 feet; thence South 30°08'25" East for a distance of 445.00 feet to the Northeast corner of said Outlot"D" and the point of beginning. Containing 175,196 sq. ft. (4.022 acres). Parcel 017-1F Part of Outlot"C" Grand Aspen Subdivision, 2"d Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of Outlot"D" Grand Aspen Subdivision, 4"' Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 14°42'41"East for a distance of 163.48 feet; thence South 28°34'18" West for a distance of 82.06 feet, to the Northwest corner of Lot 1,Aspen Ridge 2"d Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 00°3Y51" West, along the East line of said Outlot"D", for a distance of 230.20 feet to the Northeast corner of said Outlot "D" and the point of beginning. Containing 4,599 sq. ft. (0.106 acres). Property Address: 1400 South Grand Avenue, Ames, Iowa, Ames, Iowa. Easement Interest—City of Ames, Iowa: Parcel 017-1P: Part of Outlot"C" Grand Aspen Subdivision, 2"d Addition 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 Outlot "D" Grand Aspen Subdivision, 0' Addition now in and forming a part of the City of Ames, Story County, Iowa;thence North 30°08'25"West for a distance of 34.44 feet to the point of beginning; thence continuing North 30°08'25" West for a distance of 74.12 feet; thence North 86°24'22" East for a distance of 15.65 feet; thence South 30°08'25" East for a distance of 60.12 feet; thence South 33°16'34" West for a distance of 15.66 feet to the point of beginning. Containing 940 sq. ft. (0.022 acres). Parcel 017-2P: Part of Outlot"C" Grand Aspen Subdivision, 2"d Addition 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 Outlot"D" Grand Aspen Subdivision, 4"' Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 89°33'1 2 West for a distance of 227.00 feet; thence North 27 39 08 West for a distance of 38.74 feet to the point of beginning; thence South 89°54'46"West for a distance of 22.36 feet; thence North 27°39'08" West for a distance of 60.00 feet; thence North 35°46158"East for a distance of 22.36 feet; thence South 27°39'08" East for a distance of 80.00 feet to the point of beginning. Containing 1,400 sq. ft. (0.032 acres). Land & Improvements Consequential Damages Total Award Condemnee's Attorney Fees and Costs YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the duly appointed and qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as set out above, and that pursuant to Section 6B.18 of the Code of Iowa, any interested party may, within thirty days from the date of mailing the notice of the appraisement of damages, appeal to the district court by filing notice of appeal with the district court of the county in which the real estate is located and by giving written notice to the Sheriff that the appeal has been taken. Dated and mailed this day ofJ, 2019. Snt B IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Ames, Iowa RECEIPT FOR DISBURSEMENT OF AWARD by the CITY OF AMES, IOWA, Applicant. STATE OF IOWA COUNTY OF STORY On this 3 day of 6)4 , 2019, Scott E. Randall and Jane S. Randall, the landowners in the above captioned matter received an award check in the amount of$6 3, (oO •LV from my office as payment determined by the compensation commission in the above captioned matter pursuant to Iowa Code section 6B.25. Check# 46 3 ��'� , in the amount of$ G ?, �,06 • CID from the City of Ames, payable to Landowners: Scott E. Randall and Jane S. Randall, 420 S. 171" Street, Ames, IA 50010 Please sign to verify your receipt of the check noted above: �v eix IAA) tir Date: P976��eA?011 S tt E. Rand All an4 Jane S. Randall Paul H. Fitzgerald Story n Sheriff By d 3 f