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HomeMy WebLinkAboutA011 - Real Estate Transfer - Groundwater Hazard Statement 1 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name Uthe Development Company,L.L.C. Address 105 S. 16th Street,Ames,Iowa 50010 Number and Street or RR City,Town or P.O. State Zip TRANSFEREE Name Northridge Heights Subdivision Sixth Addition Address Number and Street or RR City,Town or P.O. State Zip Address of Property Transferred Number and Street or RR City,Town,or P.O. State Zip Legal Description ofProperty See Addendum 1 1. Wells (check one) 'EL There are no known wells situated on this property. ❑ There is a well or wells situated on this property.The type(s),location(s)and legal status are stated below. 2. Solid Waste Disposal (check one) I.There is no known solid waste disposal site on this property. ❑ There is a solid waste disposal site on this property,but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. ❑ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by-the Department of Natural Resources.The location(s)ofthe site(s)is stated below. 3. Hazardous Wastes (check one) "&There is no known hazardous waste on this property.. ❑ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground.,,Storage Tanks (check one) 'gThere are no known underground storage tanks on this property.(Note exclusions such as small farm and.,residential motor fuel tanks, most heating oil tanks,cisterns and septic tanks,in instructions.) ❑There is an underground storage tank ortanks on this property.The type(s),size(s)and any known substance(s)contained are described below. 5. Private Burial Site (check one) There are no known private burial sites on this property. ❑ There is a private burial site on this property.The location(s)of the site(s)is stated below.The known identifying information of the decedent is stated below. Information,if any,required by statements checked above: Attachment for Additional Information'©/N If so,number of pages 1 I HEREBY D LARE THAT 'T/HE INFO/RMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE AND CORRECT ('//Signature: �� � ` A Telephone Number:(515)233-4450 (Transferor or Agent) ----------------------------------------------------------------------- PART 11 - TO BE COMPLETED BY RECORDER Date of Instrument (413D1 a3 Book/I.D. g/I.D. Date of Recorrdi�g LJt.3'D1 D3 City o)Township S Deed Contract ❑ County S �`1 --- -------------- ------------------------------------ —————- -——————— DNk form (,uly 99) FILE WITH RECORDER saz-oven (See Instruction 96) INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT The transferor of real property is required to complete Part I of this 3. Hazardous Wastes - "Hazardous waste if is defined in"lowa form. The purpose of the statement is to satisfy legal requirements Code section 455B.411, 567--141.2 (455B), I.A.C., and federal for filing instruments of conveyance of real property with the regulations referenced therein. It is generally defined as waste county recorder (Iowa Code Section 558.69). The Department of that poses a threat to human health or the environment. It Natural Resources does not approve or disapprove of property includes wastes which are ignitable, corrosive, toxic, explosive, transfers based on these statements. The statement must be signed violently reactive, or specifically listed as hazardous in the Code by one of the persons transferring the property interest or that of Federal Regulations (40 CFR 261). EXCLUDED are person's agent. An agent signing this form represents the household wastes,agricultural wastes returned to the soil as information from transferor to be correct. fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's For the most part the information requested is clear(name, instructions, triple-rinsed agricultural chemical containers address, etc.). One statement under each of the numbered items disposed of by farmers(where the rinsate is used as makeup (1, 2,3,4 and 5)must be checked, and if one or more of the water in the tankmix and applied at appropriate rates), and other statements checked requires the transferor to provide additional specific materials. Persons are legally required to be aware of information, that information is to be provided in part I.Relate the hazardous waste laws. additional information to the specific category of facility (well, etc.) by numbering it with the corresponding number (1, 2, 3, 4, 4. Underground Storage Tanks - "Underground storage tank" 5).If additional space is needed,type or print it legibly on a means one ora combination oftanks,including underground separate sheet or sheets, complete the statements at the end of Part piping connected to the tanks, used to contain an accumulation of I and attach the additional information to all copies of the form. regulated substances, and the volume of which is 10 percent or When describing the location of a facility on the property,be more beneath the surface of the ground. "Regulated substances" reasonably precise, such as a specific distance and general include petroleum products and hazardous or toxic materials direction from a landmark or corner of the property. A identified in 567--135.2(455B),I.A.C.Underground storage professional survey is not necessary. The following definitions are tank does not include: for use in completing the form. a.Farm or residential tanks of 1,100 gallons or less capacity 1.Wells- A "well" is any excavation that is drilled, cored, bored, used for storing motor fuel for noncommercial purposes. But augered, washed, driven, dug, jetted or otherwise constructed for See 455B.473(4) accessing groundwater or for diverting surface water into the b. Tanks used for storing heating oil for consumptive use on the ground, including abandoned wells. "Well" does not include an premises where stored. open ditch or drainage tiles which discharge to the surface. c.Residential septic tanks. d. Pipeline facilities regulated by state or federal law. If a well is an abandoned well or an agricultural drainage well, e. A surface impoundment, pit pond, or lagoon. this must be identified and the status of the well with respect to f. A storm water or wastewater collection system. Iowa Code sections 45513.190 and 159.29, respectively, must be gg A flow-thrbtigh•pro&ss•tank. stated. An "abandoned well" is a well no longer in use or in such h. A liquid trap or associated gatherihg°lines directly related to state of disrepair that continued use is unsafe or impracticable. oil or gas production and gathering operations. Abandoned wells are to be properly plugged in accordance with i. A tank in an underground area such as a basement or min_e if chapter 39 of the-rules of the Department-of Natural Resources. -- -the tank ison r above the surface ofthe floor. (567 Iowa Administrative Code, Chapter 39) j. Pipes connected to the above exclusions. An"agricultural drainage well"is a well constructed for the "Tank type" means the,material of construction (steel, fiberglass purpose of draining, or which drains, water from agricultural land reinforced plastic [FRP], or other [specify]), and any internal or to an aquifer (underground), excluding drainage tile intakes which external protection such as a protective coating or wrapping, or outlet to the surface. Agricultural drainage wells are required to cathodic protection. be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to Identify the capacity in gallons and the substance stored in each develop a plan proposing alternatives to the use of the well by tank. July 1, 1998 (See Iowa Code Section 159.29.) 5.Private Burial Sites-"Private Burial Site"means one or 2. Solid Waste- "Solid waste" means garbage, refuse, rubbish more graves containing human remains. For each site the and other similar discarded solid or semisolid material. It does not transferor shall state the location of the site. For each decedent include dirt, stone,brick, or similar inorganic material used for fill, buried on the property the transferor shall state all known as long as no other solid waste is included. See 567--100.2(455B), identifying information of that decedent including name, date of Iowa Administrative Code(I.A.C.)for further definitions.A death,and date of birth. "disposal site" is any area on the property on, in, or under which solid waste has been disposed, whether or not the disposal is or 6.Filing-The original of this form must be presented to the was regulated by the department. county recorder when the document to be recorded is filed. The _ Recorder shall forward theoriginal to the transferee when the _ If the transferor,or agent has not feceived notice-from the recorded instrument is returned. The recorder is not required to Department of Natural Resources that the disposal site has been keep any copies. deemed to be potentially hazardous, there is no duty to inquire to the department. *Note The land application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with Department of Natural Resources rules without a permit is not required to be reported as the disposal of solid waste or hazardous waste. (See Iowa Code Section 558.69) DNR form(July 99) 543-0960 F Addendum Addendum 1 A tract of land being an official replat of Outlot T, Outlot U and Outlot W of Northridge Heights Subdivision, Third Addition, and Outlot R of Northridge Heights Subdivision, Fifth Addition, all in City of Ames, Story County, Iowa, described as follows: Beginning at the Northwest Corner of said Outlot T; thence N89°38'22"E, 1252.61 feet along the Northerly line of said Outlot to the Northeast Corner thereof; thence continuing N89°38'22"E, 1312.61 feet along the Northerly line of said Outlot U to the Northeast Corner thereof; thence S00°14'04"E, 1321.46 feet along the Easterly line of said Outlot to the Southeast Corner thereof; thence continuing S00°14'04"E, 1261.46 feet along the Easterly line"of said Outlot R to the Southeast Corner thereof, a point on'the Northerly right-of-way line of Bloomington Road; thence S89°56'58"W, 26.97 feet along said Northerly right-of-way line to the Southeast Corner of Lot 25 of said Fifth Addition; thence N00°09'05"W, 514.81 feet along the Easterly line of said Lot 25 and the Easterly line of Farnham Drive of said Fifth Addition to a point on a 1550.00 foot radius, non-tangent curve, concave Northerly; thence Westerly 341.45 feet along the Northerly line of Burnham Place of said Fifth Addition and along said curve having a chord bearing S86'01'11"W, 340.76 feet to a point on the Easterly line of Northridge Heights Subdivision, Second Addition, said City of Ames; thence N00°09'05"W, 134.95 feet along said Easterly line to the Northeast Corner of said Second Addition; thence continuing N00°09'05"W, 207.29 feet along the Easterly line of Northridge Heights Subdivision,Fourth Addition, said City of Ames, to a point on a 767.00 foot radius, tangent curve, concave Easterly; thence Northerly 77.76 feet along said Easterly line and along said curve having a chord bearing NO2°45'10"E, 77.73 feet to the Northeast Corner of said Fourth Addition; thence N80°29'26"W, 362.40 feet along the Northerly line of said Fourth Addition; thence N82°46'16"W; 17i 0.0.1 feet along said Northerly line to the Northwest Corners of said Fourth Addition; thence S07°50'28"W, 197.41 feet along the Westerly line of said Fourth Addition; thence S82°09'32"E, 15.00 feet along said Westerly line; thence S07°50'28"W, 125.00 feet along said Westerly line to the Southwest Corner of said Fourth_Addition; thence N82°09'32"W, 340.39 feet along the Northerly line of said Second Addition to the Northwest corner thereof; thence N00°07'32"W, 35.33 feet along the Easterly line of Northridge Heights Subdivision, First Addition, said City of Ames, to the Northeast Corner thereof; thence continuing N00007'32"W, 199.42 feet along the Westerly line of said Outlot R; thence N04°54'21"W, 95.75 feet along said Westerly line; thence S85°24'10"W, 44.35 feet along said Westerly line to the Southeast Corner of said Outlot W; thence continuing S85°24'10"W, 158.58 feet along the Southerly line of said Outlot W to a point on a 1467.00 foot radius, non-tangent curve, concave Westerly; thence Southerly 22.39 feet along said Southerly line and along said curve having a chord bearing S07°58'06"E, 22.39 feet; thence S82°28'08"W, 121.76 feet along said Southerly line; thence S77°37'37"W, 218.79 feet along said Southerly line; thence S85033'22"W, 192.88 feet along said Southerly line; thence N84°36'08"W, 230.87 feet along said Southerly line to the Southwest Corner of said Outlot W; thence N05°23'52"E, 196.00 feet along the Westerly line of said Outlot W; thence N84°36'08"W, 17.08 feet along said Westerly line; thence N05°23'52"E, 102.44 feet along said Westerly line to the Northwest Corner of said Outlot W; thence continuing N05023'52"E, 23.80 feet along the Southerly line of said Outlot T; thence N89°36'40"W, 110.39 feet along said Southerly line to a point on a 827.50 foot radius, non-tangent curve, concave Westerly; thence Northerly 4.16 feet along said Southerly line and along said curve Y having a chord bearing N04°34'5 "1h7,�16 feet;thence S89°23'03"VJ 140 45-feet l n said Southerly line to the Southwest Corner of said Outlot T, a point on the Easterly right-of-way line of George Washington Carver Avenue; thence N00°41'37"W, 1289.25 feet along said Easterly right-of-way line to the Point of Beginning; containing 98.40 acres subject to easements of record.