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HomeMy WebLinkAboutA005 - Council Action Form dated January 14, 2020 ITEM # 24 DATE: 01-14-20 COUNCIL ACTION FORM SUBJECT: 2018119 SHARED USE PATH SYSTEM EXPANSION (TRAIL CONNECTION SOUTH OF LINCOLN WAY) — EASEMENTS ALONG 202 DOTSON DRIVE AND 3709 TRIPP STREET BACKGROUND: The City of Ames is acquiring Shared Use Path easements along 202 Dotson Drive and 3709 Tripp Street as part of the 2018/19 Shared Use Path System Expansion (Trail Connection South of Lincoln Way). These easements are necessary to provide a trail connection from Baughman Road to Franklin Park, as shown in the attached map. Negotiations with the property owners were performed in accordance with Iowa DOT requirements by JCG Land Services, Inc. of Nevada, Iowa. The 202 Dotson Drive easement was negotiated for an amount of $6,090 and the easement on 3709 Tripp Street in the amount of$42,700. This project is on schedule for a May 2020 letting through the Iowa DOT. Construction is anticipated to occur in the summer and fall of 2020. ALTERNATIVES: 1. a. Approve the easement on 202 Dotson Drive in the amount of$6,090. b. Approve the easement on 3709 Tripp Street in the amount of$42,700. 2. Do not approve the easement and direct staff to pursue alternative alignments. CITY MANAGER'S RECOMMENDED ACTION: Approval of the easements are necessary and will allow the project to move forward for a May 2020 letting through the Iowa DOT. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 a-b, as described above. 1 a s a a> � QE O k�' E LO 3nt/,Sf1dWbO N O OC N cu w V 0 c O = �s +. 0 m w C w O -O O O a) -0C S � rn N N H 3n 021bMOH Q '� v CC O 3Ab 31V 14Z loxf s — M 4) , k.s"t5, '9ir w H55LU r 3n`d H10...... -' 3AVsH10WlINS MH O �. tQ N J �1 Z O t `i3n'OOtRl0q00 p p OL M. �� r E E f O N N C fn fn { and NIIJiNH2J�y �� 3AV NI€I�NbZi�S `', K�� � — j a)Q 4 ,y r yM _ t Z U E2 ,;,. U) � �� 2� �+y�� N wand��SU IN f m r ,;..' ' O t >, sit.. � '•.� �. � 00 �`..' _ n, '� O CAW 4kv N t " NO NOSjl00 fpr a c } ; g, 'ENO NOSl00 .; x, a0 1210>1OIH_ MU z 4 n d y r -1C G .. P EASEMENT FOR SHARED USE PATH KNOW ALL PERSONS: Jeffrey L. Braland, a single person, (hereinafter "Grantor") for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, do hereby grant, sell, and convey unto the CITY OF AMES, IOWA, an Iowa municipal corporation, (hereinafter "City"): A. A temporary construction easement through, over, under, and across the following described real estate as depicted on the Temporary Easement Drawing attached hereto. B. A permanent easement through,over,under and across the following described real estate as depicted in Exhibit `A' attached hereto,and legally described as: The North Fifteen feet (15.00') of Lot 3 South Fork Subdivision, First Addition to the City of Ames,Iowa. This Easement is granted for the purpose of constructing, reconstructing, repairing, maintaining, replacing a shared use path, driveway aprons, and appurtenances, and for public access to, over, and across said shared use path thereto. This Easement shall be subject to the following terms and conditions: I. CHANGE OF GRADE. The City may change the grade, elevation or contour of any part of the Temporary Easement Area in accordance with the final plans for construction of said improvements approved by the City of Ames,Iowa. 2. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area and have rights of ingress and egress reasonably necessary for the use, enjoyment and construction within the Easement Area as herein described. 3. DURATION OF TEMPORARY EASEMENT. The temporary construction easement is temporary and shall remain in effect until the latter to occur of completion of construction of the improvements by the City or one year from the date of this Easement, at which time the temporary construction easement shall terminate. 4. RESTORATION. Subject to the right to change grade, the City shall restore that part of temporary easement area lying outside of the permanent easement area to substantially the same condition as existed prior to entry by the City. 5. OBSTRUCTIONS PROHIBITED. Grantor shall not erect or place within the permanent easement area any structure or improvement or any trees, shrubs or other landscape plantings. Grantor does HEREBY COVENANT with the City of Ames that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. 2 Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender,according to the context. Signed this day of boy-C f 6c,2019 G TORS effrey L. Braland SELLER'S ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF �J�� ) „ INDIVIDUAL )SS CORPORATE COUNTY OF ) Titles)of Corporate Officer(s): On this 5-day of &)f"Y1'1,l�G� , A.D. 2011, before me, the undersigned, a Notary Public in and for said State, personally Corporate Seal is Affixed appeared No Corporate Seal Procured elu A rt PARTNER(s): Limited Partnership General Partnership ATTORNEY-IN-FACT to me personally known EXECUTOR(s)or TRUSTEE(s) p y GUARDIAN(s)or or CONSERVATOR(s) proved to me on the basis of satisfactory evidence OTHER to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same SIGNER IS REPRESENTING: in his/her/their authorized capacity(ies), and that by his/her/their List name(s)of person(s)or entity(ies): signature(s) on the instrument the person(s), or the entity upon behalf of which a rso s) ted,a ted the instrument. (Sign in Ink) T 1 I pa -C--- (Print/Type Name) Notary Public in and for the State of My Commission Expires . PHIL SPORRER i s Commission Number 756444 FAv Cornmission Expires ""� January 7,2021 3 ACCEPTANCE BY CITY STATE OF IOWA ) ) SS COUNTY OF STORY ) I, ,City of the City of Ames, Iowa, do hereby certify that the within and foregoing Easement was duly approved and accepted by the City Council of said City of Ames by Resolution No. ,passed on the _day of 20 , and this certificate is made pursuant to authority contained in said Resolution. Signed this day of ,20 . City of Ames,Iowa EXHIBIT A EASEMENT DRAWING PART OF LOT 3,SOUTH FORK SUBDIVISION,FIRST ADDITION TO AMES,STORY COUNTY,IOWA PREPARED BY: ANDREW J. SMITH, WHKS & CO., 1412 6th ST. SW, MASON CITY, IA 50401 (641) 423-8271 PROJECT: 2018/19 Shared Use Path System Expansion Project; Ames, Iowa . PARCEL NO.: 1 OWNER: Jeffrey L. Braland 8 Hurd Lincoln Way, LLC l�# � N68'45'56'W 114.89' �B 115.04• ` Fd' O I IN E �IDS-------- t� Ex.10'Utility Eaaemant 3 0 `mil v1 co ' I I CA O '0 a0 iv I I I N Ov Z I I I I Z G\ `� ` I E. 5'Utllty Easement OI .—''—. 'Remlwdh N89.41'20'E 114.76' I Hslen Tau Llu & © P� l�® EASEMENT DESCRIPTION A Permanent Easement for a shared use path described as the North Fifteen feet (15.00') of Lot 3 South Fork Subdivision, First Addition to Ames, Iowa. Containing 1,723 square feet more or less. N HaRIz 1'-�' I hereby certify that thle land surveying document was 11 LA,y the rdoted survey work wm performed by me n 15 O 15 30 F••'••••.. persand supaMWoo and that I am a duly licensed nder ws•: the la of the State of loco. �:•• A DATE SURVEYED 07-22-2018 J.:m sMITH < SCALE As SHOWN 142 PROJECT NO.: 8828 Andrew J.Smith D°te DRANK BY: AJS License number 14233 Sheeb covered by thb bed: 1 of 1 CHECKED BY: AJS $-( SHEET 1 o f 1 My Ikense renewal data is Decemlrar 31,2019 LEGEND () RECORD MEASUREMENT NEW PERMANENT EASEMENT AREA (P.O.C.) POINT OF COMMENCEMENT ® SET PK NAIL (P.O.B.) POINT OF BEGINNING wwa_ ® CALCULATED POSITION,NO --_ RIGHT—OF—WAY(ROW)LINE engineers•plam—.lard wrveyors MONUMENT SET ® DaSTING LOT LINE FOUND MONUMENT AS NOTED "— ————L705TINC EASEMENT LINE Cfl O O `I HURD LINCOLN WAY LLC 0 O 3800 LINCOLN WAY Z C �7 �65 50, BRALAND, JEFFREY L. 202 DOTSON DR. TEMP. EASE. - 265 SF LEGEND: ❑PROPOSED SIDEWALK PROPOSED SHARED USE PATH PERMANENT EASEMENT 0 a PROPOSED SIDEWALK LANDING TEMPORARY EASEMENT ��C 0 01 PROPOSED SIDEWALK RAMP NOTE. TYPICAL WIDTH OF MI�itG TEMPORARY EASEMENT 3 5' Figure 001 SW Greenbelt Trail from Beedle Dr. to Intermodal Facility Dry of Ames.Iowa January 4020 TAP4I_0155(699)--"5 4:03:56 PM q/21/2011 Ifatka K:\8828 Ames Beedle to Inter. SUP\Design\CADO_Files\Sheet_Files\SHT_850006995PN_h01_ForJC6.eht Prepared by/Return to: Carolyn Surman JCG Land Services Inc. 9001 Hickman Road Suite 100,Urbandale,IA 50322 515.382.1698 SPACE ABOVE THIS LINE FOR RECORDER OFFER TO PURCHASE AND AGREEMENT Page 1 PARCEL NO. 2 COUNTY: Story PROJECT NO. TAP-U-0155(699)-8I-85 PROJECT NAME: SW Greenbelt Trail from Beedle Dr.to Intermodal Facility SELLER: Jeffrey L.Braland a single person THIS AGREEMENT entered into this_day of ,2019,by and between SELLER and City of Ames, Iowa,a municipal corporation organized under the laws of the State of Iowa (hereinafter referred to as "CITY" or "BUYER") acting by and through the undersigned,its authorized Agent,hereby offers to buy permanent easement rights to the real estate situated in Story County, Iowa, and legally described on the attached Easement Drawing, marked Exhibit A. If accepted by SELLER, as evidenced by SELLER'S signature below,the parties agree as follows: 1. SELLER AGREES to sell and furnish to BUYER a conveyance document,on form(s)furnished by Buyer,and Buyer agrees 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 also includes all estates, rights,title and interests,including all easements,and all advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade 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. 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 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. 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. PAYMENT AMOUNT AGREED PERFORMANCE DATE $ on right of possession $ on conveyance of title $ on surrender of possession $6,090.00 on possession and conveyance Within 30 Days of BUYER Approval $6,090.00 TOTAL LUMP SUM BREAKDOWN: ac.=acres/sq.ft.=square feet Land by Fee Title sq.ft. Underlying Fee Title sq.ft. Permanent Easement 1,723 sq.ft. $5 310.00 Temporary Easement 265 sq.ft. $ 130.00 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 tile 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 AME0029 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. X X Jeffrey t.t ra and ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: NDIVIDUAL STATE OF = t'Jti } _CORPORATE COUNTY OF ►7., }ss: Title(s)of Corporate Officer(s): On this day of yirfrwff ev ,A.D.20 P before me, the undersign d,a otary Vbhc'n� and for Said State,personally appeared_ _Corporate Seal is affixed ��� (�. y-A 1 � 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 t4k entity upon behalf of which the person(s) List name(s)of person(s)or entity(ies) acted,executed the instrume �4N0pl1 '. L) (Sign in Ink) t Ccmr. _ri r.. ✓ (Print/T Name) omrr-s,-Jr.'.,cPue- otary Public irr—anll for the State of January 7,2021 PHIL SPORRER RECOMMENDED BY : Commission Numbe•756444 My Commission Expires L 9 7.2021 t_- Tyler B Ingham,Pr ect Manager (Date) BUYER'S APPROVAL Signed by: (Date) Signed by: (Date) BUYER'S ACKNOWLEDGMENT STATE OF } COUNTY OF }ss: On this day of ,20.__,before me,the undersigned,personally appeared known to me to be an agent of the City of Ames,Iowa and who did say that said instrument was signed on behalf of the City by its authority duly recorded in its minutes,and said agent acknowledged the execution of said instrument,which signature appears hereon,to be the voluntary act and deed of the City and by it voluntarily executed. __ ........_............................ .__._. _— Notary Public in and for the State of Iowa EASEMENT FOR SHARED USE PATH KNOW ALL PERSONS: Fore Windsor Pointe Apartments Limited Partnership, an Iowa Limited Partnership, (hereinafter "Grantor") for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, sell, and convey unto the CITY OF AMES, IOWA,an Iowa municipal corporation,(hereinafter"City"): A. A temporary construction easement through, over, under, and across the following described real estate as depicted on the Temporary Easement Drawings attached hereto. B. A permanent easement through,over,under and across the following described real estate as depicted in Exhibit`A' attached hereto,and legally described as: The North Fifteen feet(15.00')of Lot One(1)and Two (2) South Fork Subdivision,First Addition to the City of Ames,Iowa. This Easement is granted for the purpose of constructing, reconstructing, repairing, maintaining, replacing a shared use path, driveway aprons, and appurtenances, and for public access to, over, and across said shared use path thereto. This Easement shall be subject to the following terms and conditions: 1. CHANGE OF GRADE. The City may change the grade, elevation or contour of any part of the Temporary Easement Area in accordance with the final plans for construction of said improvements approved by the City of Ames,Iowa. 2. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area and have rights of ingress and egress reasonably necessary for the use, enjoyment and construction within the Easement Area as herein described. 3. DURATION OF TEMPORARY EASEMENT. The temporary construction easement is temporary and shall remain in effect until the latter to occur of completion of construction of the improvements by the City or one year from the date of this Easement, at which time the temporary construction easement shall terminate. 4. RESTORATION. Subject to the right to change grade, the City shall restore that part of temporary easement area lying outside of the permanent easement area to substantially the same condition as existed prior to entry by the City. 5. OBSTRUCTIONS PROHIBITED. Grantor shall not erect or place within the permanent easement area any structure or improvement or any trees, shrubs or other landscape plantings. Grantor does HEREBY COVENANT with the City of Ames that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. 2 Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signed this 16 day of fi0Vemhe4- ,2019 FORE WINDSOR POINTE APARTMENTS LIMITED PARTNERSHIP A�By �dt'GWi►�SOr/�iiryfC11.G/ r1tCrG'►2raf parfWi" By: Rld)Ord Fo-C, By: Title: 18 t*rVt>c N.4 YMQJrflC(5YJ' Title: SELLER'S ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF N ) INDIVIDUAL m ' )SS CORPORATE COUNTY OF Ll d-y'1� ) Title(s)of Corporate Officer(s): On this 11-�l day of_K-)QkA.tU--� . me, the underp''gned, a No ary Public in and for said State, personally Corporate Seal is Affixed appeared tr-1 --Qr e- No Corporate Seal Procured PARTNER(s): Limited Partnership General Partnership ATTORNEY-IN-FACT to me personally known EXECUTOR(s)or TRUSTEE(s) GUARDIAN(s)or or CONSERVATOR(s) proved to me on the basis of satisfactory evidence OTHER to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same SIGNER IS REPRESENTING: in his/her/their authorized capacity(ies), and that by his/her/their List ame(s)of peryn(s)or entity(ies): signature(s) on the instrument the person(s), or the entity upon behalf fn?,r�c LC 1 f-c of w ich the person(s)acted,executed the instrument. (Sign in Ink) nV1-&0JA) �O (PrinUType Name) Notary Public in and for the State of �Jeu[t r & My Commission Expires Vjdycw-�ev 161 26P-0 #-I- SHIRLEY ANN CRAWFORD Notary PuMe State of Nevada No.04-93407-1 My A*Exp.Now 10,2020 3 ACCEPTANCE BY CITY STATE OF IOWA ) ) SS COUNTY OF STORY ) I, ,City of the City of Ames, Iowa, do hereby certify that the within and foregoing Easement was duly approved and accepted by the City Council of said City of Ames by Resolution No. ,passed on the — day of 20_, and this certificate is made pursuant to authority contained in said Resolution. Signed this day of , 20_. City of Ames, Iowa = O NN mm< < m � N `~ o ) ui X Z two O�i.—..— �m v v < � I a XifS o b3 4 S G^T m O U N yvU ✓_W ucs� v m .0 o« E I cW R io O J G G�V OI O, 0 Z � '� r0 N^I I O ~ O UJ O-0 0< O @ OR I x W v"�, v wo I I 3 W(n y� O m 7 In = W M Q Wo° t C r 3 � I z w Q o C ' m I Z / v W cn _ r Ui C __ S s Wm ; 9 L,<Z U r I ! � kw m � a ,� I I I .o.w o\�wi�i•a 0 .. .. i I GC x3 Q ^N m w b N �21 P a. i o3 Aim,gi'A3 0 -o I ® r � z 0 0I o 0 m = io39305,Ll 2 z Oi E �l I AA??�00 g c (n < t'n Z OF T Po I iwur.o3.aowaa,si �3 ,®p J _ z < ° ° 'o g Q a N E p � �, ► gE m Z •-a �l El g a X W N U ji p I I {17 I y N � J SG W o W in in mt C o I g o U) Y E I M I a N o d 'Q o �� O : O I r6 W LL �� < I I z l aoo 0 ►— �in N c I I ill; r O 30 a. ! i $gls L o a O I I € N m ao .e <a I I I (A m m 0 0 �N� W •. O < I z - I L—————— 3� '•. F w v ova 4 a W— I _ a a J s�op ao CLINIC BUILDING COMPANY INC 3600 LINCOLN WAY ............... 0®8E8 w W4' .. a3 WV SY 548 240' IJ FORE WINDSOR POINTE APPARTMENTS LTD PARTNERSHIP 3709 TRIPP ST. LA IAj TEMP. EASE. - 13,228 SF a LEGEND: PROPOSED SIDEWALK PROPOSED SHARED USE PATH PERMANENT EASEMENT D FEET � PROPOSED SIDEWALK LANDING TEMPORARY EASEMENT AM E 002 PROPOSED SIDEWALK RAMP NOTE. TYPICAL WIOTH OF TEMPORARY EASEMENT IS 5' Figure 002 SW Greenbelt Trail from Beedle Dr. to Intermodal Facility CAT of Ames,Iowa January 2020 TAP-"I55(6")—a"5 4;.;�-':'4 PI11 9:23 201+ Irat'd K:.8828 Ames Beedie to inter. SUP Cesign.CACO.Files,Sheet Files SITY.850OU699SPN.hOI..ForJCG.sht Prepared by/Return to: Carolyn Sunman JCG Land Services Inc 9001 Hickman Road Suite 100 Urbandale IA 50322 515.382.1698 SPACE ABOVE THIS LINE FOR RECORDER OFFER TO PURCHASE AND AGREEMENT Page 1 PARCEL NO. 2 COUNTY: Story PROJECT NO. TAP-U-0155(699)--8I-85 PROJECT NAME: SW Greenbelt Trail from Beedle Dr.to Intermodal Facility SELLER: Fore Windsor Pointe Apartments Limited Partnership an Iowa Limited Partnership THIS AGREEMENT entered into this_day of ,2019,by and between SELLER and City of Ames,Iowa,a municipal corporation organized under the laws of the State of Iowa (hereinafter referred to as "CITY" or "BUYER") acting by and through the undersigned,its authorized Agent,hereby offers to buy permanent easement rights to the real estate situated in Story County, Iowa, and legally described on the attached Easement Drawing, marked Exhibit A. If accepted by SELLER, as evidenced by SELLER'S signature below,the parties agree as follows: 1. SELLER AGREES to sell and furnish to BUYER a conveyance document,on form(s)furnished by Buyer,and Buyer agrees 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 also includes all estates,rights,title and interests,including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade 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. 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 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. 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. PAYMENT AMOUNT AGREED PERFORMANCE DATE $ on right of possession $ on conveyance of title $ on surrender of possession $42,700.00 on possession and conveyance Within 30 Days of BUYER Approval $42,700.00 TOTAL LUMP SUM BREAKDOWN: ac.=acres/sq.ft.=square feet Land by Fee Title sq.ft. Underlying Fee Title sq.ft. Permanent Easement 15,045 sq.ft. $21,600.00 Temporary Easement 13,228 sq.ft. $6,100.00 Landscaping/Other $ 15,000.00 Total $42,700.00 Additional Damages 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 6 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: Grevstone Servicine Corporation Inc 419 Belle Aire Land Warrenton,Virginia 20186, Fannie Mae 3900 Wisconsin Avenue NW Drawer AM Washington DC 20016-2892 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 tile 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 tile 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. Fore Windsor Pointe Apartments Limited Partnership-I&/:FOM Windsor Pi 1ntr,,"fi Ccnernl art-her X X By: ri By: Title: if. 4 u Title: ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF _INDIVIDUAL -CORPORATE COUNTY OF C� }ss: Title(s)of Corporate Officer(s): On this 1` !` day of Ad,)W"or ,A.D.2019 before me, the and,�jr�cigged,a NotarX Public in and for said State,personally appeared_ _Corporate Seal is affixed PGk�Q Yet_' 6 v^e No Corporate Seal procured IPARTNER(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 the entity upon behalf of which the person(s) Lis name(s)of person(s)or entity(ies) acted,a ecut�l ids t a v-d-G 0 m 0.5 i-I 4 pNl�CRAVYF ± 2A 2Z Elant rUV1VAate of ign in Ink) No.0493407-1 ' �'� r��• (Print/Type Name) kyAppt,Exp Na etIBPi ublic in and for the State of AWaj a� 'W99VQ9Q RECOMMENDED BY Tyler Buckingham,Project Manager (Date) BUYER'S APPROVAL Signed by: (Date) Signed by: (Date) BUYER'S ACKNOWLEDGMENT STATE OF } COUNTY OF }ss: On this day of ,20_,before me,the undersigned,personally appeared known to me to be an agent of the City of Ames,Iowa and who did say that said instrument was signed on behalf of the City by its authority duly recorded in its minutes,and said agent acknowledged the execution of said instrument,which signature appears hereon,to be the voluntary act and deed of the City and by it voluntarily executed. Notary Public in and for the State of Iowa