HomeMy WebLinkAboutIowa Department of Traportation-11/14/2016Page 1 of 6 .
Number: 201700003067
Recorded: 8/15/2016 at 3:35:49.130 PM
Fee Amount: $32.00.
Revenue Tax:
Sandie L. Smith, RECORDER
Black Hawk County, Iowa
Return to and Prepared by Katie Johnson, Right of Way Office, Iowa Department of Transportation,
800 Lincoln Way, Ames, IA 50010, 515-239-1216
Forth 634028 (01-14)
CJIOWAD0T
Office of Right of Way
www.iowadotgov
800 Lincoln Way, Ames, Iowa 50010
Phone: 515-239-1135 FAX 515-239-1247
PURCHASE AGREEMENT
Parcel Number: 51 County: Black Hawk
Project Number NHSX-63-6(70)-3H-07 Route Number: 63
B and R Oil Corp. -1/2 Interest; and
Seller: Gary C. Ritter and Hollie Ritter, his wife -1/2 Interest
THIS AGREEMENT entered Into this 8 i!it day of /45I Z_fYt6
by and between, Seller and the Iowa Department of Transpartatiod, acting for the State of Iowa, Buyer.
la. The Seller agrees to sell and fumish to the Buyer a conveyance document, on forms) furnished by the
Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the premises, in
parts of the following: Lot 5, Block 11, in the Original Plat an the West side of the Cedar River, in the City of
Waterloo, in the County of Black Hawk, State of Iowa, and more particularly described on page 6, including
the following buildings, improvements and other property:
All land, trees, shrubs, landscaping and surfacing attached to thepremises sought and described herein
2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possesion, convey title and surrender
physical possession of the premises as shown on or before the dates listed below:
orit31iri3uryt=:=':::` t tAgreedPerdrsna(n3e;':.
On conveyance of title
$3,000.00
On surrender of possession
On possession and conveyance
90 days after Buyer approval
$3,000.00
B
dol
q
Land by fee title
0
Fence
0
rods woven
Underlying fee title
0
Fence
• 0
rods barbed
Permanent easement to
the City of Waterloo to
construct & maintain a
retaining wall
• 74
sq. ft.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER (IOWA DOT) ONE COPY RETAINED BY SELLER.
51, NHSX-63-6(70)-3H-07
Page 1 of 6
File Number: 2017-00003067 Seq: 1
'Page 2 of
3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume -full use
and enjoyment of the premises per the terms of this agreement The Seller grants the Buyer the immediate
right to enter the premises for the purpose of gathering survey and soil data. The Seller may surrender
possession of the premises, building, improvement, or any part thereof, prior to the time that he/she has
agreed to do so, and agrees to give the Buyer 10 days notice of the Seller's intention to surrender
possession by calling the Buyer at 1-866-282-5809.
4. The Seller warrants that there are no tenants on the premises holding under lease, except:
Craig Lindsey, 100 Commercial St., Wateriod, IA 50701
5. This agreement shall apply to and bind the legal successors in Interest of the Seller, and the 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 Iowa Code section 427.2 and agrees to warrant good and•
sufficient title.
6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees on
warrants issued In payment of this agreement 1n addition to the total lump -sum payment amount, the Buyer
agrees to pay $150.00 for the cost of adding title documents required by this transaction to the Seller's
abstract of title. If requested to do so, the Seller will deliver to the lowa Department of Transportation, Office
of Right of Way, 800 Lincoln Way, Ames, IA 50010, an abstract of title to the premises. The Buyer agrees to
pay the cost of abstract continuation. The Seller agrees to provide the documents as may be required by
Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to obtain court
approval of this agreement, if requested by the Buyer, in the event title to the premises becomes an asset of
any estate, trust, conservatorship or guardianship. The Buyer agrees to pay court approval costs and all
other costs necessary to transfer the premises to the Buyer, except attomey fees. Claims for such transfer
costs shall be paid in amounts supported by paid receipts or signed invoices.
7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are damaged or
require relocation by highway construction shall be repaired or relocated at no expense to the Seiler. Where
the Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained
for vehicle access control purposes at no expense to the Seller. The Buyer has the right of entry upon the
Seller's remaining property along the right-of-way line, if necessary, for the purpose of connecting the drain
tile, and constructing and maintaining the fence. The Seller may pasture against the fence at his/her own
risk. The Buyer will not be liable for fencing privvate property or maintaining it to restraln livestock.
8. If the 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, the 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 the Seller.
9. These premises are being acquired for public purposes. This transfer is exempt from the requirements for
the filing of a °Declaration of Value° in accordance with Iowa Code section 428A.1.
10. 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. The Seller. consents to any change of
grade of the highway and accepts payment under this agreement for any and all damages arising from
those changes. The Seller acknowledges full settlement and payment from the Buyer for all claims per the
terms of this agreement, and discharges the Buyer from liability because of this agreement and the
construction of the public Improvement project.
•
11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid
waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank
on the premises, except Old gas station may contain old underground storage tank(s).
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. Buyer hereby gives notice of Sellar'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 66.52.
14. The Sellers grant to the Buyer temporary easements for the purpose of saw cutting and constructing
entrances, The Right -of -Way Design Plot Plan, attached as a page 5 of this agreement, graphically
illustrates the proposed temporary easement area being granted. The temporary easement shall terminate
on completion of this highway project.
15. Buyer agrees to construct a Type "B" entrance at Sta. 307+17, mainline, East side; and a Type "B" entrance
at Sta. 1309+03, side road Commercial Street, South side.
It is understood and agreed that the entrances at Sta. 307+74, mainline, East side; and the entrance at Sta.
1308+90, side road Commerclai Street, South side; and all other entrances located within the construction
limits of this highway project that are not listed or allowed in this agreement will be eliminated.
•
16. it Is understood and agreed that the Illegal 'Can -Am' sign, located in the City ROW and overhanging the State
ROW, shall be removed by the Owner before possession is given. If said sign is not removed before
possession is given, the Buyer shall remove the sign, as needed, for the projects construction.
51, NHSX-63-6(70)-31-1-07
Page 2 of 6
File Number: 2017-00003067 Seq: 2
'Page 3 of 6
Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the
undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid.
Band RMCorp.
BY: X ld Gji� X
G er, Secretary
'100 Commercial St.
Waterloo, IA 50701
This section to be completed by a Notary Public.
SELLER'S ACKNOWLEDGEMENT CAPAcITY..C[AUMED_.B•Y;SIGNER:
STATE OF Iowa } ❑ INDIVIDUAL
COUNTY OF 1J/j 4L1J'
On this day of
A.D.2016
SS:
before me, the undersigned, a notary public in and for said state,
personally appeared Gary Ritter
to me personally known; or
ri proved to me on the basis of satisfactory evidence 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 in his/her/
their authorized capacity(les), and that by his/her/their signatures)
on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
—s (Sign in ink)
Lajas 'C'tizsi C_ 72, rr (Print/type name)
Notary Public in and for the $tate of Iowa f'
My commission expires
(NOTARIAL SEAL)
KIMBERLY A LANE
CONNISSION NQ781342
NuStsON
.IfI Die
EWm
51, NHSX-63-6(70)-3H-07
1- �o/9
CORPORATE
Title(s) of Corporate Officer(s):
Secretary
O Corporate Seal Is affixed
No Corporate Seal procured
0 Limited Partnership
El General Partnership
0 ATTORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
0 GUARDIAN(s) or
CONSERVATOR(s)
0 Other.
SIGNER IS REPRESENTING;
Ust name(s) of entity(tes) or person(s)
Band ROi1Corp.
Page 3 of 6
File Number: 2017-00003067 Seq: 3
Page4of6
Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the
undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid.
X
G. Ritter
1924 Kamille Ct.
Waterloo, IA 50701
HoIIie Ritter
f -/auk -r gin ,n.
This section to be completed by a Notary Public.
SELLER'S ACKNOWLEDGEMENT Apy
C'
STATE OF lowa •
COUNTY OF Q,p,I /-611(Jj�/} } ss:
On this D -o day of J u cc./ A.D. 2016
before me, the undersigned, a notary public in and for said state, personally
appeared Gary C. Ritter and Rollie Ritter
„,..-Ifito me personally known; or
❑ proved to me on the basis of satisfactory evidence 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 in his/her/
their authorized capacity(ies), and that by his/her/their signatures)
on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument •
(Sign in ink)
�yzn. HOZ/e i / s HHr'(Print/type name)
Notary Public in and for the State of Iowa
My commission expires
A ae,
11
INDIVIDUAL
❑ CORPORATE
Title(s) of Corporate Officer(s):
ED3BWESION.ER:
❑ Corporate Seal is affbced
❑ No Corporate Seal procured
0 Limited Partnership
❑ General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s) orTRUSTEE(s)
[] GUARDIAN(s) or
CONSERVATOR(s)
0 Other.
Cfstna ee(s)bfee!IP y/e)orpersson(s)
BUYER'S APPROVAL
Recommended
(Sign
(Printed Name):
Approved by
(Sign
(Printed Name):
by
In Ink): X . .
.(/Y2d°
./ - (Date)
Project Agent
Scott Henning
In Ink): X ac
/ AUG 0 G
/./ (Data) 16
Right of ay Director
Martin J. ankey .
BUYER'S ACKAIOWLED'GEMENT
STATE
COUNTY
On
personally
Buyer
minutes,
hereon,
(NOTARIAL
OF IOWA. }
OF STORY } ss:
this S' day of l /td /1 2016 , before me, the undersigned,
appeared ROW Director,
and who did say that the instrument
and said right of way director
to be the voluntary act and deed
Martin !Sankey known to me to be a Right of Way Director of the
was signed on behalf of the Buyer by its authority duly recorded in its
acknowledged the execution of the instrument, whose signature appears
of the Buyer, and by it voluntarily executed.
4,
ter''=' *
row'
VALERIE E. GOETHALS
COMMISSION N0. 190573
MY COMMISSION WIRES
JUNE 5, 2018
SEAL)
otary Public In and or the State of Iowa
51, NHSX-63-6(70)-3H-07
Page 4 of 6
File Number: 2017-00003067 Seq: 4
Page 5 p
OWNER. GARY C. RITTER
B AND R OIL CORP.
46E.5
IOWA DEPARTMENT OF TRANSPORTATION gregilemna,urrmovrionao.
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: 51
SECTION. 26 T S9 N -R 13 W.
SCALE:I°= 50'
. City of Waterloo
Original Plat Waterloo --Block 11
W.D. OR EASEMENT LINE
ACCESS LOCATION POINA
PROPERTY LINE
LEGEND
>I<
ARY EASEMENT TO
CU =&.ONSTRUCT ENTRANCE
1,281 SQ.FT.
COUNTY: BLACKHAWK
PROJECT NO: NHSX-63-6(70)- -3H-07
File Number: 2017-00003067 Seq: 5
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FLOOD PLAIN DEVELOPMENT PERMIT
WATERLOO, IOWA
In accordance to the provisions of the Waterloo Zoning Ordinance No. 5079, as amended, approval
of this Flood Plain Development Permit is required for all construction improvements and
development located within the boundaries of the Floodway, Floodway Fringe, General Flood Plain
and Shallow Flooding Overlay Districts.
1. ,APPLICATION INFORMATION
a. Applicant's Name: Hydrite Chemical Co.
Address: 114 N. Main St, Cottage Grove, WI 53527
Telephone No.: 608-839-8126
b. Status of Applicant (owner, contract owner, agent, etc.): Owner
c. Property owner's name, address and telephone number (if different from above):
2. PROJECT LOCATION
a. General location of property/project: WCF&N Drive and Airline Highway
b. Legal description of property: Parcel "C" as shown on Plat of Survey recorded as
Document 2014-007998; and Parcel "D" as shown on Plai of Survey recorded as
Document 2017-002391; in the NW 1/4 of Section 10-89-13
c. Stream: No. 13
d, 100 Year Flood Elevation (mean sea level): 862.5
e. Elevation (mean sealevel) of the lowest floor (including basement) of building or of
the level to which a building or structure is to be floodproofed• 864.9
f. Zoning Classification: M-2, Heavy Industrial
3. ;PROJECT DESCRIPTION
a. Anticipated dates. of construction:
Initiation Nov. 15, 2016
Completion November, 2017
b. Estimated costs of improvements and, if applicable, the market value of the
building prior to the improvements:
c. Describe the use or occupancy for which the proposed work is intended:
Production facility for
d, Brief description of project and methods used for floodproofing: Building is slab -
on -grade production facility with adjacent outdoor storage tanks.
Certification: It is required that a professional engineer or land surveyor (registered
in the State of Iowa) must certify that the finished fill., building floor elevations,
floodproofing, or other flood protection measures were accomplished and comply
with the provisions of this ordinance, Said certification shall be affixed to the plans
and/or specifications of the proposed development.
Signature of Certifying Engineer or Surveyor:
Date of Certification: Nov. 3, 2016 (For pro osed conditions)
I (we) ereby certify that this application and all the above described information are true
and co : ct o e b h t of my (our) knowledge.
ignature of Applicant
City of Waterloo
017/.701
Date
Date
Approve By Hydrite Legal Dept.
By: 7- /�
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
ELEVATION CERTIFICATE
IMPORTANT: FOLLOW THE INSTRUCTIONS ON PAGES 9-16
OMB Control Number 1660.0008
Expiration: 11/30/2018
Copy all pages of this Elevation Certificate and all attachments lot (1) community official. (2) insurance agenticompany, and (3) building owner.
SECTION A - PROPERTY INFORMATION
FORM INSURANCE COMPANY USE
Al. Building Owner's Name
Hydrite Chemical Co.
Policy Number.
A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and
Box No.
Company NAIL
Number:
City Waterloo Slate Iowa
Zip Code 5070
A3. Property Description (Lot and Block Numbers. Tax Parcel Number. Legal Description. etc)
Slack Hawk County Parcel 8913-10-126-007
A4. Buflding Use (e.g., Restdental, Non -Residential, Addition. Accessory, etc.) Non -Residential
A5. Latitude/Longitude: Lat.42.54145
Long. -92.36849 Hudzmital Datum:
C NAD 1927 (: NAD 1983
the building 11 the Certificate is being used to obtain flood
A6 Attach at least 2 photographs of
insurance.
A7. Btdlding Diagram Number
1A
A8 For a building with a
crawlspace or endosure(s): A9. For a
building with an attached garage:
a) Square footage of crawlspace
or endosure(s) sq fl a) Square
footage of attached garage
sq g
b) Number of permanent flood openings
in the b) Number
of permanent flood openings
crawlspace or endosure(s) within 1.0 foot in the attached garage within 1.0 foot
above adjacent grade
above adjacent
grade
c) Total net area of flood openings
in A8.b sq in c) Total net
area of flood openings
in A9.b sq In
d) Engineered flood openings?
r Yes r No d) Engineered
flood openings?
C Yes 6 -No
SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
B7. NFIP Community Name & Community Number
82. County Name
B3. State
Waterloo 190025
Black Hawk
Iowa
B4. Map/Panel Number
85. Suffix
B6. FIRM Index Date
87. FIRM Panel Effective!
68. Flood Zones)
89. Base Flood Elevation(s)
Revised Date
(Zone AO, use base flood
0186
F
July 18, 2011
AE
depth
862.5
B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item 89:
( FIS Profile (-FIRM CConvnunity Determined ('Other/Source:
611. Indicate elevation datum used for BFE in Item 89: C NGVD 1929 r NAVD 1988 C Other/Source:
1312.1s the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected
Area (OPA)? C Yes (: No
DesignattonDate: n/a CCBRS COPA
SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
C1 Bullding elevations are based on: (: Conslrudion Drawings' C Building Under Construction' C Finished Construction
C2. Elevations - Zones Al - A30, AE, AH, A (with BFE), VE, VI - V30, V (with BFE), AR, AR/A, ARAE, AR/A1 - A30, AR/AH, AR/AO.
Complete Items C2.a -h below according to the building diagram specified In Item A7. In Puerto Rico only, enter meters.
• A new Elevation Certificate wit be required when construction of the building is oomptete.
Benchmark Utilized: Vertical Datum:
Indicate elevation datum used for the elevations in items a) through h) below. C NGVD 1929 (: NAVO 1988
C Other/Source:
Datum used for buiWmg elevations must
be the same as that used for the BFE.
Check the measurement used.
a) Top of bottom floor (including basement, crawlspace. or enclosure floor) 884.90_
(: feet C meters
b) Top of the next higher floor
-
(: feet C meters
c) Bottom of the lowest horizontal structural member (V Zones only)C
feet C meters
d) Attached garage (top of slab)(:
feet C meters
-
e) Lowest elevation of machinery or equipment servidng the building
(0escrloe type of equipment and location in Comments)
(; feet (- meters
f) Lowest adjacent (finished) grade next to building (LAG) 860.90__•
(: feet r meters
g) Highest adjacent (finished) grade next to building (HAG) 884.90;
(: feet r meters
h) Lowest adjacent grade at lowest elevation of deck or stairs, including
structural support
-
( feet ( meters
ccIaa e...,-• Aoa n oa 17r4 CI
o...,�..,......0 ......J.•.....aac...•..
Desna -4 nr lS
ELEVATION CERTIFICATE
OMB Control Number. 1660-0008
Expiration: 11/3012018
SECTION!) -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by -a land surveyor, engineer, or architect authorized by law to certify elevation infonnation. 1 certify
that the Information on this Certificate represents my best efforts to Interpret the data available. 1 understand that any false statement may be
pun,sirable by one or imprisonment unver 7a U.S. Gorse, Newton 7u07.
Were latitude and longitude in.Section A
■ Check here if attachments. provided by a licensed land surveyor?
(:Yes ('No
V�
Certifier's Name
Wendell J. Lupkes
License Number
12088
� �i
% ��i ; Yyendell J. ';
Title
Professional Land Surveyor
Company Name
VJ Engineering
Lupkes
�j 12088 •
:I'
�f,
Address •
1501 Technology Parkway
City
Cedar Falls
State
IA
Zip Code
50613
it'''.J *i
I... p
"I
lr,, O`er!
Signature 1
/� !c r
Date
1 /` 3 - %6,
Telephone
+1 (319) 288-5829
Copy -both sides of this E evation Certificate for ( ) community official, (2) insurance agent/company, and (3) building ovmer.
Comments (including type
Lowest Adjacent grade isl
of equipment and location , per C2(e), 11 applicable)"
at truck docks on north end of building
Signature
Date
SECTION E -BUILDING
ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zones AO and A (wit
Sections A. Band C. For
El. Provide elevation int
highest adjacent gra
a) Top of bottom 8
ut BFE), complete Items E1 -E5. If the Certificate is intended to support a LOMA or LOMR-F request. complete
Items El -E4, use statural grade, if available. Check the measurement used. In Puerto Rico only, enter meters.
rmalion for the following and check the appropriate boxes to show whether the etevation is above or belowthe
a (HAG) and the lowest adjacent grade (LAG).
(including basement, crawtspace,
or enclosure) is
b) Top of bottom floc
(Feet (meters • above or III below the HAG.
(including basement, crawispace, (feet •
or enclosure) Is
E2. For Building Diagram
higher floor (elevation C2
r meters above or ■below the LAG.
6 -9 with permanent flood openings provided In Section A Items 8 •and/or 9 (see pages 8 -9 of Instructions), the next
b In the diagrams) of the building is ('feet r meters
E3. Attached garage (top
0 above or 0 below the HAG.
of slab) is - r feet r metere
E4. Top of ptatform of m
servicing the building is(
■ above or 0 below the HAG.
chinery and /or equipment
- feet (-meters
E5, Zone AO only: If no flood
management ordinance?
■ above or ■below the HAG:
depth number is available, is the top of the bottom floor elevated In accordance with the community's floodplain
(' Yes r No r Unknown. The local official must certify this information in Section 0.
SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION
The property -owner or owner's
community -issued BFE) or
authorized representative who completes Sections A, B, and E for Zone A (without a FEMA -issued or
Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge.
Property Owner or Owner's
Authorized Representative's Name
Address )() N.
Pd,t SIL p3l vL _ city Amouiela Slate w i ZIP Code "
Signature
\ DaleTelephone
il/7/I afoa-.7c7d—i4v
Comments
El Check here if attachments.
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Page 1 of 1
EXHIBIT "A"
The West 67 feet of the East 100 feet of the North 5
acres of the South 10 acres of the Northwest 14 of the
Southeast Quarter of Section 36, Township 89 North,
Range 13 West, City of Waterloo, Iowa. And also, the
East 67 feet of Lots 1 and 2 of Sunkist Addition, City
of Waterloo, Iowa.
File Number: 2015-00008550 Seq: 2