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Home My WebLink AboutA001 - Offer to Purchase and Agreement dated January 14, 2020, Instrument No. 2020-01172 Instrument 0: 2020-01172 02/06/2020 03:21:38 PM Total Pages: 3 00 OTHER Recording Fee: 17.00 Stacie Herridge, Lcorder, Story County Iowa mill Al I FRIVIRIPA R$9 K W111111 0 N Prepared by/Sc+rucu to: Carolyn Surman JCG Land Services Inc. 9001 Hickman Road Suite 100,Urbandale,IA 50322 515.382.1698 min t C,E Y *If A~S CP n V,l SPACE ABOVE THIS LINE FOR RECORDER �l° 8 It l N hewrTA SowJO OFFER TO PURCHASE AND AGREEMENT Page ] U �7 PARCEL NO. 2 COUNTY: Story PROJECT NO. TAP-U-015516991--8I-85 PROJECT NAME: SW Greenbelt Trail from Beedle Dr.to Intermodal Facility z SELLER: Jeffrey L.Braland a single person W THIS AGREEMENT entered into this day of'Ut � Z 201�,by and between SELLER and City of Ames, Iowa,a municipal corporation organized under the laws of the State of I�einaf/ter referred to as "CITY" or "BUYER") acting by and pthrough the undersigned,its authorized Agent,hereby offers to buy permanent easement rights to the real estate situated in Story County, W Iowa, and legally described on the attached Easement Drawing, marked Exhibit A. If accepted by SELLER, as evidenced by H SELLER'S signature below,the parties agree as follows: H - W 1. SELLER AGREES to sell and furnish to BUYER a conveyance document,on form(s) furnished by Buyer,and Buyer Hagrees to buy permanent easement rights to the following real estate,hereinafter referred to as the premises as described on page four and which include the following buildings, improvements and other property: land only. The premises dalso includes all estates, rights,title and interests,including all easements,and all advertising devices and the right to q erect such devices as are located thereon. SELLER CONSENTS to any change of grade related to the project and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 6 2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of H the premises per the terms of this agreement. SELLER grants Buyer the immediate right to enter the premises for the �-q 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 SELLER has hereinafter agreed to do so,and agrees to give Buyer ten(10)days' notice of SELLER'S intention to do so in writing. x 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. y :a PAYMENT AMOUNT AGREED PERFORMANCE DATE W $ on right of possession W $ on conveyance of title $ on surrender of possession $6,090.00 on possession and conveyance Within 30 Days of BUYER Approval W H z $6,090.00 TOTAL LUMP SUM h BREAKDOWN: ac.=acres/sq.ft.=square feet Land by Fee Title sq.ft. Underlying Fee Title sq.ft. VPermanent Easement 1,723 sq.ft. $5,310.00 W Temporary Easement 265 sq.ft. $ 130.00 p4 Landscaping/Other $650.00 Total $6,090.00 Additional Damages$550 for one deciduous tree and$100 for one shrub - DISTRIBUTION: ONE COPY RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 2 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None 5. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 5 pages. 6. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa,Section 427.2,and agrees to warrant good and sufficient title. Names and addresses of lienholders are: Wells Fareo Bank N.A., PO Box 11701 Newark NJ 07101-4701 7. SELLER agrees that amounts payable by SELLER for real estate taxes,special assessments, mortgage payoffs, liens, or judgments shall be deducted at closing from the purchase price. SELLER AGREES to obtain court approval of this contract, if requested by Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. BUYER agrees that any drain the and/or underground irrigation systems which are located within the premises and are damaged by construction shall be repaired at no expense to SELLER. BUYER shall have the right of entry upon SELLER'S remaining property along the right of way line,if necessary, for the purpose of connecting said drain the and/or underground irrigation systems. 9, 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. 10. 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,Section 428A.1. 11. BUYER hereby gives notice of SELLER's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa,Section 6B.52. 12. 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. 13, SELLER states and warrants that there is no well, solid waste disposal site,hazardous substances, nor underground storage tanks on the premises described and sought herein,except: 14. BUYER is also granted a Temporary Easement,described on the"Temporary Easement Drawings"marked AME002, on SELLER'S property for the purpose of allowing the City,its agents,contractors and employees a right of entry in, upon and onto the above-described property for but not limited to surveying,grading,storing materials and equipment and providing access during the construction of the SW Greenbelt Trail from Beedle Dr.to Intermodal Facility project and appurtenant facilities thereto. The Temporary Construction Easement shall terminate the earlier of: twelve(12) months from initiation of construction on Seller's property by the City,or upon acceptance of the project by the City of Ames,Iowa. Page 3 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid. t }( �� s�. ._ �, X Jeffrey E.t ra and ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: tiDIVIDUAL STATE OF CORPORATE COUNTY OF }ssj: Title(s)of Corporate Officer(s): On this day of N DVf'nev ,A.D.20 ' before me, the undersign d,a otary ublic n and for aid State,personally appeared_ _Corporate Seal is affixed P , �.• AI kn No Corporate Seal procured _PARTNER(s):_Limited Partnership to me personally known _General Partnership or proved to me on the basis of satisfactory evidence _ATTORNEY-IN-FACT _EXECUTOR(s)or TRUSTEE(s) to be the person(s)whose name(s)is/are subscribed to the within instrument _GUARDIAN(s)or CONSERVATOR(s) and acknowledged to me that he/she/they executed the same in his/her/their _OTHER: authorized capacity(ies), and that by his/her/their signature(s) on the SIGNER IS REPRESENTING: instrument the person(s), or t entity upon behalf of which the person(s) List name(s)of person(s)or entity(ies) acted,executed the instrume (NOT*W L) (Sign in Ink) Ccmr .��,_ v (Print/T Name) ommISS'.X, xpur.. otary u lic in an for the State of k _ • ° January 7,2021 P111L 3PORRER RECOMMENDED BY 4 Commission Numbe•756444 a , r, My Commission Expires 1 LJanuary7.2021 Tyler R kingham,Pr .ect Manager (Date) B ER'S APPROV Signed b (Date) 7 ` L � Signed by: (Fate) BUYER'S ACKNOWLEDGMENT STATE OF COUNTY OF }ss: JO this day o t,26�C before me,the undersigned,personally appeared \ c' known to me to be an agen t e Gty of mes, owa and who did say that said instrument was signed on behalf o e ty by its authority duly recorded in its minutes,and said agent acknowledged the execution of said instrument,which signature appears hereon,to he the voluntary act and deed of the City and by it voluntarily execute -),. Notary P is in and for the State of Iowa %At AMY L. COLWELL 'Commission Number 812138 . My C71sslon Expkw .oW'