HomeMy WebLinkAboutA001 - Purchase Agreement for Permanent Easement from Scott Randall and Jane Randall, Instrument No. 2022-01244 Instrument. 4: 2022-01244
* 02/09/2022 09:29:44 AM Total Pages: 4
00 OTHER
Recording Fee $ 22.00
Stacie Herridge, Recorder, Story County Iowa
mill wl' Pr:0 1 i1976"' it WI WI Will 11111
City of Ames: (env)
Box 811
Ames IA 50010
515,239.5160
Prepared b /R n to: Mark Gansen,Cityof Ames,Iowa,515 Clark Ave.,Ames,IA S10 PACE ABOVE THIS LINE FOR RECORDER
PURCHASE AGREEMENT Pagel
PARCEL NO. I COUNTY: St
PROJECT NO. A01.123608 PROJECT NAME: Ames Shared Use Path
SELLER: Scott E.Randall and Jane S.Randall his wife
THIS AGREEMENT entered into this_day of____________,2021,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 Map of Easement. If accepted by SELLER,as evidenced by SELLER'S signature below,
the parties agree as follows:
1. SELLER AGREES [o sell and furnish to BUYER a conveyance document,on form(s) acceptable to and 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
$3 100.00 on possession and conveyance Within 30 Days of BUYER Approval_
$3,100.00 TOTAL LUMP SUM
BREAKDOWN: ac.=acres/sq.ft.=square feet
Land by Fee Title sq.ft.
Underlying Fee Title sq.ft.
Permanent Easement 0.083 sq.ft.
Temporary Easement 0.124 sq.ft.
Landscaping/Other $3 100 00
Total
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 4 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: None
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"Map of Easement",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 Ames Shared Use Path 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,Iowa.
Page 3
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,we the
ndersigned claimants certify the total lump sum payment shown herein is just and unpaid.
X X �rt rtl U
Scott and 1 Jan S.Randall
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
X INDIVIDUAL
STATE OF G } -CORPORATE
COUNTY OF }ss: Title(s)of Corporate Ofticer(s):
On this 3 day of V " ,A.D.20 L before me, the
unde i ne , tar'
Pp is in and o said Stat ,pM al appeared_ _Corporate Seal is affixed
No Corporate Seal procured
v to me personally known _PARTNER(s):_Limited Partnership
or proved to me on the basis of satisfactory evidence General Partnership
_ATTORNEY-IN-FACT
to be the person(s)whose name(s)is/are subscribed to the within instrument _EXECUTOR(s)or TRUSTEE(s)
and acknowledged to me that he/she/they executed the same in his/her/their _GUARDIAN(s)or CONSERVATOR(s)
authorized capacity(ies), and that by his/her/their signature(s) on the _OTHER:
instrument the person(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
acted,executed the instru nt. List name(s)of person(s)or entity(ies)
Scott E.Randall and Jane S.Randall
(NOTARY SEAL) (Sign in Ink)
/ 7 (Print/TO
me)
Notary Public in and for_the State of
RECOM NDE
,16
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ichael Holsa le,Prole t anager (Date)
BUYER'S PPROVAL
Z � Zdzz
Signed by (Date)
Signed by: (Date)
BUYER'S ACKNOWLEDGMENT
STATE OF -1-0,-. a }
COUNTY OF sit -( )ss:
On this 941), day of F�VJ(i,c 20�a , 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 execu 'on of said instrument,which signature appears hereon,to
be the voluntary act and deed of the City and by it voluntarily execfite .
otary P lic in and for the State of Iowa
�y AMY L.COLWELL
Commisslon Number$12138
MYE=E*-k«
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INDEX LEGEND
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
LOCATION QUARTER OF SECTION 10,T-83-N,R-24-W STORY COUNTY,
IOWA
REQUESTOR: CITY OF AMES,IOWA
PROPRIETOR: SCOTT RANDALL
SURVEYOR: EUGENE R.DREYER P.L.S.#17535
SURVEYOR COMPANY: BOLTON&MENK,INC.
RETURN T0: EUGENE R.DREYER,BOLTON&MENK,INC.
1519 BALTIMORE DRIVE,AMES,IA 50010(515)-233-6100
FOR RECORDER USE ONLY
MAP OF PERMANENT EASEMENT
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SEC.10 T83N R24W
AMES, IOWA
APRIL,2021
FORMER R.R.R.O.W.
S 89°05'14"W 156.32'
NORTHWEST CORNER /
SOUTHEAST QUARTER / Cbh
SOUTHEAST QUARTER ^�• /
SECTION 10-83-24
POINT OF COMMENCEMENT
PARCEL WSLIDE99PAGE3
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/ GRAND ASPEN SUBDIVISION 1ND
POINT OF BEGINNING / ADDITION OUTLOT C
FORMER R.R. R.O.W. PERMANENT EASEMENT DESCRIPTION:
/ A PARCEL OF LAND LOCATED ACROSS THAT PART OF THE SOUTHEAST
/ QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10,TOWNSHIP 83
NORTH,RANGE 24 WEST OF THE STH P.M.,AMES,STORY COUNTY,IOWA,
AS DESCRIBED IN INST.NO.02-05187;BEING MORE PARTICULARLY
/ DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER
/ OF THE SOUTHEAST QUARTER,THENCE SOUTH 00°24'59"EAST,150.29
/ FEET TO THE POINT OF BEGINNING,THENCE NORTHEASTERLY ALONG THE
CENTERLINE OF THE TRAIL,LYING 10 FEET ON EACH SIDE OF SAID TRAIL
CENTERL NE WITH THE SIDELINES BEING EXTENDED OR SUBTENDED TO
LEGEND: TERMINATE AT THE PROPERTY LINE.
FOUND 1/2"REBAR / Tract contains 0.083 acres(Permanent Easement)and is subject to all
PROPERTY LINE easements of record.
J-l�I PERMANENT EASEMENT / BEARINGS SHOWN ARE GRID,IOWA REGIONAL COORDINATE SYSTEM ZONE
#8 AMES-DES MOINES,U.S.SURVEY FOOT
I rere certify that this land surveying document was MAP 0 F PERMANENT EASEMENT
e red by me an the related field work was performed
— \\\pttHliDltlry' y m or under m ers pervisian and that I
to f Ioly lwa license L Surveyor un the laws of the
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
' EUGENE `o
SHEET
�r R, EUGENE R. YER
'. DREYER BOLTON 1519 BALTIMORE DRIVE 1
REG.NO. 17535 DATE:
��*`••.........•• * � MY LICENSE RENEWAL DATE IS 12/3/2022 AMES,IOWA 50010
& MENK OF
\\ (515)233-6100 1
r///rr���lltltt\ PAGES OR SHEETS COVERED BY THIS SEAL:
THIS SHEET
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H:\AMES\CA1123608\CAD\C30\123608_V_PROP—E2 20'PERM EASE.DWG 2/1/2022 3:12 PM JOB NUMBER:A01.123608