HomeMy WebLinkAboutMiehe Acquisition Contract - 1.3.2022ACQUISITION CONTRACT
Project Parcel No. 3
PROJECT Hammond Avenue Sink Creek Bridge Construction
THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of
i'\)0 i ; , 2021 by and between Burk A. Miehe and Julianne D. Miehe
("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 any 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 $11,178.00 . 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If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or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.
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. Buyer 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. RESERVED
9. 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.
10. 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 Sellers rights under such insurance contract.
11. 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.
12. 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 if the Buyer
chooses to perform a Phase I. In supplementation of the Phase I, Seller agrees, no later
than one week after the date of approval of the City Council, to disclose to Buyer all
contamination of the Property by hazardous wastes and/or substances of which Seller
has knowledge.
13. 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.
WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set
forth above.
Burk A. Miehe
►►anne D. Miehe
SELLER'S ACKNOWLEDGMENT:
STATE OF
County: ss:
SSN or EIN
4 71-71a -Z37I
SSN or EIN
Acknowledged before me on Nov I S► ZOZ' , Burk A. Miehe and Julianne D. Miehe.
o �"`"` <p
DENNIS M. HANSEN
¢ ¢COMMISSION
NO.771456
MYC MMISSION EXPIRES
APPROVAL RECOMMENDED BY:
City Planning Staff
Notary Public
APPROVED BY: ATTEST:
(May`�or��)''
DeTE APPROVED: �.l�n • / 2-6 ZZ
(Date)
BUYER'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWKCOUNTY, ss:
Acknowledged before me on _)\Gltl‘,t.It) 2-077- by Quentin Hart and Kelley Felchle
as Mayor and City Clerk, respectively, of the Oyt, of Waterloo, Iowa.
NANCY 1-iIGBY
COMMISSION NO.7p82
29
MY . NW SSIO
INDEX LEGEND
General Description: Part of the NE 1/4 of Sec. 22—TBBN—R13W, Waterloo
Surveyor David L Schell (j16775)
Surveying Company: Wayne Claossen Engineering & Surveying, Inc.
2705 University Avenue (P.O. Box 898)
Waterloo, Iowa 50704
(319)235-6294
Survey Requested By; Woterioo Water Works
Proprietor. Burk A. Miehe & Julianne D. Miehe
For_Qounty Recorder's use.
ACQUISITION PLAT
Hammond Avenue Right —of —Way Acquisition SHEET 7 OF 2
LEGAL DESCRIP110N
Hammond Avenue Right —of —Way Acquisition
That part of Tract "A", Hawkeye Heights Subdivision, which is also port of the Northeast Quarter (NE 1/4) of Section
Twenty—two (22), Township Eighty—eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo,
Block Hawk County, Iowa, described as follows:
Commencing at the Northeast comer of aforesaid Northeost Quarter (NE 1/4); thence 500'09'37'E Six Hundred Fourteen
and Twenty—eight Hundredths (614.28) feet along the East line of said Northeast Quarter (NE 1/4); thence 58652'53"W
Thirty—three (33.00) feet to the Northeast corner of Parcel "A", Document No. 2017-15794 in the Black Hawk County
Recorders Office and to the point of beginning; thence 500'08'50"E Five Hundred Nine and Fifty—nine Hundredths (509.59)
feet along said East line of said Parcel "A", to the Southeast corner of aforesaid Tract "A'; thence S88'56'40"W
Twenty—seven and Forty—eight Hundredths (27.48) feet along the South line of said Tract "A"; thence N17'16'08'W Two
Hundred Twenty—one and Four Hundredths (221.04) feet; thence N0513'52"E One Hundred Sixty—eight and Ninety—six
Hundredths (168.96) feet; thence NO9'13'52"E One Hundred Thirty—one and Thirty—nine Hundredths (131.39) feet to North
line of aforesaid Parcel "A"; thence N88'52'53"E Fifty—five and Thirty—one Hundredths (55.31) feet along said North line to
the point of beginning containing 0.81 Acres.
LEGAL DESCRIPTION
Temporary Construction Easement
An Easement for temporary construction purposes over, under and across that part of Tract "A", Hawkeye Heights
Subdivision, which is also part of the Northeast Quarter (NE 1/4) of Section Twenty—two (22), Township Eighty—eight North
(T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northeast comer of aforesaid Northeast Quarter (NE 1/4); thence S00'09'37"E Six Hundred Fourteen
and Twenty—eight Hundredths (614.28) feet along the East line of said Northeast Quarter (NE 1/4); thence S88'52'53"W
Thirty—three (33.00) feet to the Northeast comer of Parcel "A", Document No. 2017-15794 in the Black Hawk County
Recorder's Office; thence SOO'08'50"E Frve Hundred Nine and Fifty—nine Hundredths (509.59) feet along said East line of
said Parcel "A" to the Southeast comer of aforesaid Tract "A"; thence 588'56'40'W Twenty—seven and Forty—eight
Hundredths (27.48) feet along the South line of said Tract "A" to the point of beginning; thence N17'16'08"W Two Hundred
Twenty—one and Four Hundredths (221.04) feet; thence N0513'52"E One Hundred Sixty—eight and Ninety—six Hundredths
(168.96) feet; thence NO9'13.52"E One Hundred Thirty—one and Thirty—nine Hundredths (131.39) feet to North line of
aforesaid Parcel "A"; thence 588'52'53"W Thirty and Fifty Hundredths (30.50) feet along said North line; thence S09'13'52"W
One Hundred Twenty—six and and Ninety-six Hundredths (126.96) feet; thence 505'13'52 W One Hundred Seventy—five and
Ninety—seven Hundredths (175.97) feet; thence S17'16'08"E Two Hundred Eighteen and Twenty-eight Hundredths (218.28)
feet to the South line of aforesaid Tract "A"; thence N88'56'40"E Thirty—one and Twenty—four Hundredths (31.24) feet along
said South line to the point of beginning containing 0.36 Acres.
NOTES:
1. The basis of bearings for this Plat of Survey Is the East
line of the NE 1/4 assigned c bearing of S00'09'37"E as
per Iowa State Plane Coordinate System, North Zone, 2011
adjustment.
C
E
S FIELD
BOOK 746-01
CERTIFICATION
I hereby certify that this land surveying document was prepared and the related
survey work was performed by me ar under my direct personal supervision and
that 1 am a duly Licensed land Surveyor under the laws of the State of Iowa.
Signature:
David L Scheil, P.LS.
Date' 20
Pages or Sheets Covered by this Sear- 2
My license renewal date Is December 31, 2020
License No
16775
ON 31U S3O
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC.
P.O. BOX 898 WATERLOO, IOWA 50704-0898
100
1 INCH = 100 FEET
302.40'
C
E
PHONE: (VOICE) 319-235-6294
(FAX) 319-235-0028
ACQUISITION PLAT
Part of the NE 1/4 of Sec. 22-T88N-R13W.
Waterloo, Black Hawk County, Iowa
Survey for. Waterloo Water Works
Proprietor. Burk A. Miehe & Julianne D. Miehe
S82.44 1/2 E-147.BNET25 3,
SFIELD BOOK 746-01
FOUND PIN &_,./".
UNREADABLE WHOE CAP
18.15
0
0
iV
N
Parcel A'
Doc. No. 2017-15794
Tract
Hawkeye Heights
Subdivision
POINT OF COMMENCEMENT,
NE CORNER,
SEC. 22-T88N-R13W
(FOUND 1/2' REBAR)
Doc. No. 2017-15850
Tract 'A'
Hooke" Heights
Subdivision
NORTH UNE. PARCEL A'
POINT OF BEGINNING,
ACOUISmON
NORTHEAST COR.,
PARCEL A'
(Ne8 52'5SE)
(55.31'X
N
(S0009'37'E-814.281
N89'40 1/4'E-302.75'
(S8852453'N) L T
(3050 '
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P-I
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(30.0) I I
PI 8
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SOUTHEAST COR..
TRACT
POINT OF BEGINNING, A'
TEMP. CONSTRUCTION EASE \
(3124')
(N88'58'40i0
ea
(27.48')
(58Erse' soNv)
POINT OF BEGINNING.
TEMP. CONSTRUCTION EASE,
FOUND PIN &
UNREADABLE MUTE CAP
SHEET 2 OF2.\\
}
_ (S88'S2'53'W)
(33.00) 33'
Hammond Avenue
ON 3113 S3O
O
(FOUND PIN & ORANGE
CAP #23212)