HomeMy WebLinkAboutAnderson, Richard and Helen - Acquisition Contract - 9/23/19ACQUISITION CONTRACT
Parcel Nos. Richard C. and Helen J. Anderson
PROJECT Virden Creek Drainage Improvements Project
THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of2 , 2019 by and
between Richard C. and Helen J. Anderson ("Seller"), and City of Waterloo, Iowa, ("Buyer").
1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the
"Property"), described as: See plats and legal descriptions attached as Exhibit "A", City of Waterloo, State of Iowa,
which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all
estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such
devices as are located thereon.
2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of
the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the
Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender
possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees
to give Buyer ten (10) days' notice of Seller's intention to do so by calling Buyer at (319) 291-4366.
3. The Purchase Price shall be $ 189,435.00 , based on a fee title value of $15,000 per acre, as itemized on Exhibit "B"
attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to
be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to
the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is
not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract,
then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent
of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive
relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds
$118,800, up to a maximum award of $22,500.
4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before
as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver
of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal
property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all
hazardous materials and/or substances from the Property on or above the ground surface, including but not limited
to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be
set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract.
5. Seller warrants that there are no tenants on the Property holding under a lease except:
6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all
encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable
until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable
title. Names and addresses of lienholders are:
(a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation
7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract
payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company
to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in
conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the
cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if
requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship.
Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall
convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as
provided in this Contract.
8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the
time of this Contract, 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. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,
payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and
possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of
the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse
the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance
recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract.
10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of
performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided
that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise
other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no
additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal
Revenue Code.
11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance
and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the
Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of
the Phase 1, Seller agrees, no later , to disclose to Buyer all contamination of the Property by
hazardous wastes and/or substances of which Seller has knowledge.
12. This Contract, together with the exhibits and attachments attached hereto, 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 herein.
This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract.
13. Buyer shall remove and dispose of all trees within the designated wetland area, however, the wetland will still remain.
14. Seller is permitted to discharge drain tile outlets into the drainage way after submitting plans to the City on the type,
size and location of proposed outlets, which said plans need to be approved by the City in advance. Seller or its
contractors shall obtain an excavation permit through the City of Waterloo Engineering Department before
commencing work on City -owned property.
15. A 40 -foot wide crossing shall be provided by the City as part of the project to the north of the intersection of Ralston
Road and East 4th Street. Seller shall be responsible for maintaining the gate, and any repairs are the responsibility of
the Seller.
16. After transfer of title, Seller may continue to use the subject property for farming and cultivation purposes in a manner
that is consistent with the usage prior to the transfer of title. Seller may continue such usage until Seller receives a written
notice from the City, prior to planting, that activities on the development project will be proceeding to the extent that
some or all future farming and cultivation should cease. If any crop has already been planted before Seller receives
a notice to cease farming, Seller shall have an opportunity to remove the crop, if harvestable, or will be paid crop
damages by City of Waterloo. Crop damages s after a July 1 notice date will be the sum of (a) Seller's documented
input costs and (b) the product of $100 multiplied by the number of tillable acres affected. Crop damages on or
before a July 1 notice date will be to reimburse Seller for its documented input costs. Crop damages will be paid
within 30 days after reasonable proof of Seller's input costs is provided to the City.
17. The only rental obligation of Seller for authorized use of the Property will be payment, before delinquency, of any real
estate taxes which become assessed and payable against the subject property.
18. Buyer or hired contractor shall be responsible for "deep ripping" area disturbed by construction.
WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above.
44 • Lt83.2 . (4ILI-
Richard C. Anderson SSN or EIN
Helen J. Anderson - Ti2ta.STg 7J J. A p 7-8.
SELLER'S ACKNOWLEDGMENT:
SSN or EIN
STATE OF IOWA: ss:
Acknowledged before me onrriZMt$A2 (l 4519, byt ►� -• 4€and
[as aWA/4 _ of Seller].
APPROAt`
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
APRIL 11, 2021
City Planning Staff
APPROVED BY:
DATE APPROVED:
(Mayor)
2
Notary Public
ATTEST:
(Date)
,ObAi
(City
erk)
BUYER'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWK COUNTY, ss:
Acknowledged before me on
respectively, of the City of Waterloo, Iowa.
9
(�
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION EXPIRES
3
by Quentin Hart and Kelley Felchle as Mayor and City Clerk,
Notary ublic
EXHIBIT "B"
Acres Price
Price per acre (fee interest) = $15,000.00
Fee acquisition 12.01
Temporary easement(s) 6.19
$180,150.00
$9,285.00
TOTAL $189,435.00