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HomeMy WebLinkAboutIDOT Purchase Agreement and Quitclaim Deed - 12/20/2021 Return to and Prepared by Mark Holm, Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-233-7867 Form 634028(07-16) GIOWADOT Kignt of vvay bureau, tsuu Lincoln vvay, Ames, Iowa 50010 Toll-Free: 866-282-5809 FAX: 515-239-1247 www.iowadot.gov/rightofway PURCHASE AGREEMENT Parcel Number: NHSX-063-6(70)--3H-07 County: Black Hawk Project Number: 73S Route Number: 063 Seller: City of Waterloo THIS AGREEMENT entered into this d"1 day of /V;VeJ4¢Y , o7Q,01, 3 by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) 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: Vacated Webster, Street, Lots 15, 16, 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, in Black Hawk County, State of Iowa and more particularly described on pages 4 and 5 including the following buildings, improvements and other property: All subdrain, land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount Agreed Performance Date of Performance On conveyance of title On surrender of possession $0.00 On possession and conveyance 60 days after buyer approval $0.00 Total Lump-Sum Amount Breakdown Ac/Sq. Ft. Land by fee title 1420.00 sq. ft. Fence N/A rods woven Underlying fee title N/A Fence N/A rods barbed Permanent easement to the state of Iowa for ingress/egress 6853.00 sq. ft. DISTRIBUTION:ONE COPY RETURNED TO BUYER(IOWA DOT)ONE COPY RETAINED BY SELLER. NHSX-063-6(70)--3H-07, 73S Page 1 of 5 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 (none) 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. In 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 Iowa Department of Transportation, Right of Way Bureau, 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 attorney 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 Seller. 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 private property or maintaining it to restrain 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 none. 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 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. NHSX-063-6(70)--3H-07, 73S Page 2 of 5 Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the undersigned sellers/claimants certify the total dump-sum payment amount shown here is just and unpaid. City of Waterloo, Iowa jekt,Le, Quentin M. Hart, Mayor Kelley Felc e, City Clerk 715 Mulberry St Waterloo, IA 50703 This section to be completed by a Notary Public. STATE OF IOWA COUNTY OF Black Hawk ss: On this day of ,4012-1 j 2-5,L-Z--- , before me, the undersigned, a notary public in and for said the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle to me personally known. who being by me duly sworn, did say that they are the mayor and city clerk, respectively, of the city of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its cdyrncil , as contained in Restl,riN,cMnumber -2.,G Z 1 — rl et 2 , passed (the resolution adopted) by the city council under roll call number 1 toplet 2, of the city council on the Z©4"' day of teCtrn6ce 24I.1 , and that t&iu..ic.r and Ct,L tc.e,L acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) 4PN,„,®, I NAI CY I-tl b3Rr ,:. - CO JiMISSION NO188229 7 + MLpc.) IS—CN P' ES 'O V . (Sign in ink) t '°°"1C- tt , 111 , (Print/type name) Notary Public in an. fort e State of Iowa BUYER'S APPROVAL Recommended by (Sign in ink): X / (Date) /o/ (72o�S Project Agen (Printed Name): Scott nni Approved by �, NOV0 6 20-i3 (Sign in ink): X (Date) ght ay it ctor (Printed Name): Brad Hofer BUYER'S ACKNOWLEDGEMENT STATE OF IOWA } COUNTY OF STORY } ss: �� On this day of /4]/, - 02-0,Z3 , before me, the undersigned, personally appeared ROW Director, Brad Hofer known to me to be a Right of Way Director of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. *Commission.,A4 VALERIE E.GOETHALS Numb f My Commissionv' Notary Public in an or the State of Iowa l:e4.142 (NOTARIAL SEAL) _ _ _ __________-__ .__ NHSX-063-6(70)--3H-07, 73S Page 3 of 5 I 6 7 05634-077 IOWA DEPARTMENT OF TRAP.SPORTAT I ON ACQUISITION FLAT iaIOWADOT EXHIBIT "A " COUNTY BLACK HAWK _-__ STATE CONTROL NO. PROJECT NO, NHSX-63-6I701--3H-07 PARCEL NO. 73S SECTION 24 TOWNSHIP 8' N RANGE 13 W ROW - FEE 1420 SO. FT. , EASE AC. EXCESS - FEE AC ACQUIRED FROM Fd. Square iron pin ' AUDITOR RAINBOWS I PLAT NO. 4 ( Fd. 1.5" pinched pipe Lot 4 i ,--Fd. square iron pin Fd. twisted Fd. pinched 1 • -i Iron pin pipe c Lot 3 I o Lot 14 URBAN ACRES Fd. pinched Fd. 45 f Pipe —� Rebar �4 w --el Fd. Pipe Lot 2 f Fa. 1.5' pinched pipe YPC 386 � 7 ! Lot 13 , Fd. 1.5" pinched pipe • Pipe Lot 12 East Line Lot 1 Logan Ave. �, Fd. 1.5" pinched pipe Vacated Webster St. / �� i Q _ EXISTING ROW LINE \ Webster St. Lot r Lot Lot Lot _ 15 16 17 18 CITY DF WATERLOO, IOWA 00 FEE ACQUISITION AREA 1420 SQUARE FEET ` Lot 23 A-B S 01°09'06"E 74.55' B-C S 49°18'04"E 237.25' pO / Lot 48 C-D S 49.18'01"E 36.93' ob Q D-E N 00°00'00"E 62.77' E-F S 90°00'00"W 28.00' F-C S 00*00'00"W 38.68' } B-H S 01'09'06"E 343.11 ' \ ' O STA 77+17.20 Lot 1 ' `r,oiYfcryF9 d 4 q C 77.79' 0f,�f0 f4F'O STA 76+92.71 0 AUDITOR RAINBOW'S c ['�, y q h C 5 .1 ' Fd. 5/8" rebar PLAT NO. 1 q T f with YPC — — —_ 1( 4,=7 4'F ID STA 77+55.46 _I q0 49.22' Lot 2 14 STA 77+55.88 PT STA 74+81.88 - It 77.22' ch Lot 3 Lot 5 °o 90 Ce '))(n Let 4 0/ Fd. 5/8" rebar—� aI> with YPC A Po. 'x. ,c 9,p a) > Q C 0 0i 0 N YPC = YELLOW PLASTIC ,"AP -•ireby aurtify that this land surveying document woe o�IR LANp s Dreg,rod one the rotated survey work wds preformed by me or SCALE' 1" = 100' 47° untie my personal superv:aten and that t om duly +scensea 9� proi,ssionai Lax? Surveyor under the lows of the state of Iowa. /ram MIRANDA K, cn ,. x 0' 50' 100' p ` Z22�3 ::::''dscimKns..w.4ieeirn:E9:cto IA Dot. .a December 31. 2021 DATE DRAWN 3-11-2021 dCC IOWA °ape or sneers covered by tnis seal. FORM 5 534-017 8 IOWA DEPARTMENT OF TRANSPORTATION GRA-HIC EXHIBIT "A" elOWADOT COUNTY BLACK HAWK STATE CONTROL NO. PROJECT ND. NHSX-63-6(7O)- 3H-07 PARCEL NO. 73S SECTION 24 -OWNSHIP $9 N RANGE 13 W ROW - FEE , EASE 6853 SO. FT. EXCESS - FEE AC ACQUIRED FROM Fd. Square iron pin No AUDITOR RAINBOW'S I PLAT NO. 4 I Fd. 1.5" pinched pipe Lot 4 1I —Fd. square iron pin Fd. twisted---1 Fd, pinched� r:4iron pin pips II Lot 3 ! cv+ Lot 14 URBAN ACRES Fd. pinched Fd, sa5 D i pg Rebar --NI e' i 1 YPC PiF . pe 1 Fd. 1,5' pinched pipe Lot 2 Lot 13 �Fd. 1.5" pinched pipe East Line Logan Avg N Fd. Pipe '----Fd. 3/4" YPC #386 I pipe 1 Lot 12 Lot 1 —Fd. 1.5" pinched pipe vo ed Webster St. T /, EXISTING ROW LINE 111 \ Webster St. r/, Lot "'�- p../ 5 Lot Lot Lot -- ess,,:/ 16 ' 18 CITY OF WATERLOO, IOWA ' FQ/ Dab se / 29.32' n Lot23 INGRESS/EGRESS EASEMENT AREA Lot 48 6853 SOUARE FEET PROPOSED FEE TITLE AREA + �y Rr ( \\ F d�4c.,4as'sr Lot 1 F FCC 9! T 4`�tiF �'O H I AUDITOR RAINBOW'S lb Fd. 5/8" rebor� PLAT NO. 1 with YPC — --- --- 1 Lot 2 I PT 5TA '4+81.88 C' r Lot 3 Lot 5 ao� 0 Coo Lot 4 0/ Fd. 5/8" rebor--� with YPC °,o OCR. "r a • 4 C 0 CA 0 N A 6) SCALE: 1" = 100' r�www 0' 50' 100 'PC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc Return to and Prepared by Mark Holm, Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-233-7867 Form 634028 (07-16) QIOWADOT F Ignt or way Bureau, dUU Lincoln vvay, Ames, Iowa 50010 PURCHASE AGREEMENT Parcel Number: NHSX-063-6(70)--3H-07 Toll -Free: 866-282-5809 FAX: 515-239-1247 www.iowadot.gov/rightofway County: Black Hawk Project Number: 73S Route Number: 063 Seller: City of Waterloo THIS AGREEMENT entered into this 7 day of -bPCe—b-k.VD-er , Zp,Z by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) 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: Vacated Webster. Street, Lots 15, 16, 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, in Black Hawk County, State of Iowa and more particularly described on pages 4 and 5 including the following buildings, improvements and other property: All subdrain, land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount $0.00 $0.00 Breakdown Land by fee title Underlying fee title Permanent easement to the state of Iowa for ingress/egress Agreed Performance On conveyance of title .............................. On surrender of possession On possession and conveyance Total Lump -Sum Amount Ac/Sq. Ft. 1420.00 jsq. ft. Fence N/A Fence 6853.00 sq. ft. Date of Performance 60 days after buyer approval N/A N/A DISTRIBUTION: ONE COPY RETURNED TO BUYER (IOWA DOT) ONE COPY RETAINED BY SELLER. NHSX-063-6(70)--3H-07, 73S rods woven rods barbed Page 1 of 5 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 (none) 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. In 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 Iowa Department of Transportation, Right of Way Bureau, 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 attorney 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 Seller. 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 private property or maintaining it to restrain 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 _ 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 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. NHSX-063-6(70)--3H-07, 73S Page 2 of 5 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. City of Waterloo, Iowa x Quentin M. Hart, Mayor 715 Mulberry St Waterloo, IA 50703 Kelley Felc This section to be completed by a Notary Public. STATE OF IOWA COUNTY OF Black Hawk ss: ha -- City Clerk —'f h C O LZ , before me, the undersigned, a On this � �` day of i✓l��Lrc-� \ 9 notary public in and for said the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle to me personally known, who being by me duly sworn, did say that they are the mayor and city clerk, respectively, of the city of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its citymcil , as contained in'Res;;la ,cinumber 7_,,c 21 — na3 , passed (the resolution adopted) by the city council under roll call number ( (eD'q Z of the city council on the Zo4h day of tetra . zal , and that Nuuic,! and CL,Lv,G,e✓L acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) NANCY HIGBY COMMISSION NO.788229 MY OTISSIO tyk I►aE3 lJv�'-e (Sign in ink) N�C-NCI \q J Q (Print/type name) Notary Public in and for the State of Iowa BUYER'S APPROVAL Recommended by (Sign in ink): X (Date) (Printed Name): Approved by (Sign in ink): X Project Agent Scott Henning (Date) Right of Way Director (Printed Name): Brad Hofer BUYER'S ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF STORY On this day of } ss: personally appeared ROW Director, Brad Hofer , before me, the undersigned, known to me to be a Right of Way Director of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. (NOTARIAL SEAL) Notary Public in and for the State of Iowa NHSX-063-6(70)--3H-07, 73S Page 3 of 5 FORM 634-077 6-75 COUNTY IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" BLACK HAWK PROJECT NO. SECTION ROW - FEE NHSX-63-6(70)--3H-07 24 1420 SO. FT. 0IOWADOT STATE CONTROL NO. PARCEL NO 73S TOWNSHIP 89 N RANGE 13 W . EASE AC. EXCESS - FEE AC ACOU!RED FROM Fd. Square---. iron pin '4, Fd. twisted iron pin PLAT NO. 4 Lot 4 Fd. pinched pipe Fd. pinched—y pipe Fd. Pipe YPC 386 East Line Logan Ave. Fd. 5/8" rebar with YPC Lot 3 Fd. #5 Rabat' 441 Lot 2 Fd. Pipe—' YPC #386 Lot 1 a ' — Fd. 3/4" PIP* Vacated Webster St Fd. 5/8" rebar---.14. with YPC Logan Ave. Lot 1 SCALE: 1" = 100' 0' 50' 100' Fd. 1.5" pinched pipe square iron pin • Lot 14 4 1 ./.----Fd. 1.5" pinched Fd. 1.5' Lot 13 URBAN ACRES pinched pipe Fd. 1.5" pinched pipe Lot 12 pipe LINE \ Webster 5t. CITY OF WATERLOO, IOWA PT STA 74+81.88--a- DATE DRAWN 3-11-2021 doe YPC = YELLOW PLASTIC CAP FEE ACQUISITION AREA 1420 SQUARE FEET A-B 5 01°09'06"E 74.55' 8-C S 49'18'04"E 237.25' C-0 5 49°18'01"E 36.93' D-E N 00°00'00"E 62.77' E-f S 90'00'00"W 28.00' F-C S 00'00'00"W 38.68' B-H 5 01'09'06"E 343.11' © STA 77+17.20 ip 77.79' 0 STA 76+92.71 it 50.15' O STA 77+55.46 it 49.22' O STA 77+55.8B lit 77.22' x. 'o I hereby certify that leis fond surveying document was prepared and the related survey work was preformed by me or under my personol supervision and that 1 am duly licensed professional Land Surveyor under the lows of the state of Iowa. j-Q (—VZv2\ Mirondo K. Enders Date License number 22293 My License renewal date is December 31. 2021 Popes or sheets covered by this seal. FORM 634-077 6-T5 COUNTY IOWA DEPARTMENT OF TRANSPORTATION GRAPHIC EXHIBIT "A" BLACK HAWK PROJECT NO. NHSX-63-6(70)--3H-07 SECTION 24 TOWNSHIP ROW - FEE . EASE 89 6853 SO. T. C4OWADOT STATE CONTROL NO. PARCEL NO 73S RANGE 13 EXCESS - FEE AC ACQUIRED FROM Fd. Square —N iron pin Fd. twisted iron pin Fd. pinched pipe Fd. Pipe YPC 386 East Line Logan Ave."N Fd. 5/8" rebo with YPC AUDITOR RAINBOW'S PLAT NO. 4 Lot 4 Fd. pinched PiPe Lot 3 Fd. #5 Reber rE} c Fd. Pipe 3/4" YPC #386 I pipe Lot 1 Vacated Webster PROPOSED Fd. 5/8" rebar—,,„, with YPC N DATE DRAWN ISTING ROW LINE 3 Lot 48 FEE TITLE AREA Lot 1 AUDITOR RAINBOW'S PLAT NO. 1 PT STA 74+81.88 SCALE: 1" = 100' 0' 50' 100' 5-19-2021 dcc Fd. 1.5" pinched pipe — Fd. square iron pin URBAN ACRES pinched pipe Fd. 1.5" pinched pipe Lot 12 Fd. 1.5" pinched pipe \ Webster St. CITY OF WATERLOO. IOWA YPC = YELLOW PLASTIC CAP INGRESS/EGRESS EASEMENT AREA 6853 SQUARE FEET 1OWADOT Prepared by & Return To: Allyssa Myers, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1757 Address Tax Statements: Tax Exempt -IA Code Sec. 427.1 (Iowa DOT, ROW -Property Management, 800 Lincoln Way, Ames, IA 50010) QUITCLAIM DEED (CORPORATE GRANTOR) For the consideration of ZERO AND NO/100 ($0.00) DOLLARS and other valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa, does hereby convey to the STATE OF IOWA, all its right, title, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land located in part of Lots 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit "A", attached hereto and by reference made a part hereof. THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Lot 1 of said Auditor Rainbow's Plat No. 4; thence S 01°09'06"E 74.55 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Northerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49°18'04"E 237.25 feet along said Existing Northerly right of way line to the point of beginning; thence continuing along said Northerly right of way line S 49°18'04"E 36.93 feet; thence N 00°00'00"E 62.77 feet; thence S 90°00'00"W 28.00 feet; thence S 00°00'00"W 38.68 feet to the point of beginning. Said parcel contains 1,420 Square Feet. This quitclaim deed is given in fulfillment of a certain Purchase Agreement executed by the grantor on December 20 , 20 21 , and signed by the grantee on , 20 , on file at the Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this document. The additional amount of $0.00, as agreed to by the aforesaid Agreement, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 1 of 3 This deed and transfer is exempt from transfer tax as the grantor is a of the State of Iowa. Iowa Code Sec. 428A.2(6). Words and phrases herein, including acknowledgment hereof, shall the singular or plural number, according to the context. Dated , 20 political subdivision be construed as in CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor By: (AFFIX CORPORATE SEAL ABOVE) Kelley Felc, City Clerk STATE OF L G\_ (Sign in Ink) (Sign in Ink) , COUNTY OF b\Cu_1e__, ss: , On this J day of 1-k.ct.A-c- , 20 -2 before me, the undersigned, a Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the Resolution adopted by the City Council, under Roll Call No. 100 lcj I of the City Council on the 7p+' day of he_x_en.to, 20 �1 , and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. • NANCY HIGBY COMMISSION NO.788229 MY COMMISSION IZPLCS (AFFIX NOTARIAL SEAL ABOVE ♦ ) Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) (Sign in Ink) Page 2 of 3 FORM 634-077 6-75 COUNTY PROJECT NO. NHSX-63-6(70)--3H-07 SECTION 24 TOWNSHIP ROW - FEE 1420 SO. FT. , EASE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" BLACK HAWK STATE CONTROL NO. IOWADOT PARCEL NO 73S 89 N RANGE 13 W AC. EXCESS - FEE AC ACQUIRED FROM Fd. Squarest iron pin Fd. twisted iron pin Fd. pinched pipe Fd. Pipe YPC 386 East Line Logan Ave. Fd. 5/8" rebar with YPC AUDITOR RAINBOW'S I PLAT NO. 4 Lot 4 Fd. pinched pipe Lot 3 Fd. #5 Reber l Fd. Piped �—Fd. 3/4" YPC #386 pipe Lot 1 Vacated Webster St. Fd. 5/8" rebar with YPC Logan Ave. DATE DRAWN Lot 1 AUDITOR RAINBOW'S PLAT NO. 1 Lot 2 Lot 3 Lot 4 r C w EXISTING ROW LINE PT STA 74+81.88-� Lot 5 SCALE: 1" = 100' 0' 50' 100' 3-11-2021 dcc Fd. 1.5" pinched pipe „„---Fd. square iron pin • Lot 14 — Fd. 1.5' Lot 13 URBAN ACRES pinched pipe Fd 1.5" pinched pipe Lot 12 Fd. 1.5" pinched pipe \ Webster St. CITY OF WATERLOO, IOWA FEE ACQUISITION AREA 1420 SQUARE FEET A-B S 01'09'06"E 74.55' B-C S 49°18'04"E 237.25' C-D S 49°18'04"E 36.93' D-E N 00°00'00"E 62.77' E-F S 90°00'00"W 28.00' F-C S 00°00'00"W 38.68' B-H S 01°09'06"E 343.11' <32 STA 77+17.20 d qh/qy<'P© 77.79' CC° ! r'P O STA 76+92.71 /! rc pc sft 50.15' �T Qf! 9/ IF E STA 77+55.46 40 (A 4 9. 22' STA 77+55.88 77.22' YPC = YELLOW PLASTIC CAP 'e I hereby certify that this Iona surveying document was prepared and the related survey work was preformed by me or under my personal supervision and that I am duly licensed professional Land Surveyor under the laws of the state of Iowa. -0ALuvvii 924`.1i vJ (9-I-Z02A Miranda K. Eilders License number 22293 My License renewal date Is December 31. 2021 Pages or sheets covered by this seal. Dote Return to and Prepared by Mark Holm, Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-233-7867 Form 634028(07-16) C3IOWADOT Kignt or vvay bureau, auu Lincoln vvay, Ames, Iowa 50010 Toll-Free: 866-282-5809 FAX: 515-239-1247 www.iowadot.gov/rightofway PURCHASE AGREEMENT Parcel Number: NHSX-063-6(70)--3H-07 County: Black Hawk Project Number: 73S Route Number: 063 Seller: City of Waterloo THIS AGREEMENT entered into this %�? day of /V;V/e,4wy' , o7w? 3 by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) 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: Vacated Webster, Street, Lots 15, 16, 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, in Black Hawk County, State of Iowa and more particularly described on pages 4 and 5 including the following buildings, improvements and other property: All subdrain, land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount Agreed Performance Date of Performance On conveyance of title On surrender of possession $0.00 On possession and conveyance 60 days after buyer approval $0.00 Total Lump-Sum Amount Breakdown Ac/Sq. Ft. -T i Land by fee title ; 1420.00 isq.ft. Fence N/A ,rods woven Underlying fee title N/A Fence N/A rods barbed Permanent easement to the state of Iowa for ingress/egress 6853.00 sq. ft. DISTRIBUTION:ONE COPY RETURNED TO BUYER(IOWA DOT)ONE COPY RETAINED BY SELLER. NHSX-063-6(70)--3H-07, 73S Page 1 of 5 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 (none) 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. In 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 Iowa Department of Transportation, Right of Way Bureau, 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 attorney 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 Seller. 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 private property or maintaining it to restrain 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 none. 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 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. NHSX-063-6(70)--3H-07, 73S Page 2 of 5 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. City of Waterloo, Iowa :(teitAlgektiL—' Quentin M. Hart, Mayor Kelley Felchye, City Clerk 715 Mulberry St Waterloo, IA 50703 This section to be completed by a Notary Public. STATE OF IOWA COUNTY OF Black Hawk ss: On this day of ),Aft 2-6 L-Z_ , before me, the undersigned, a notary public in and for said the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle to me personally known, who being by me duly sworn, did say that they are the mayor and city clerk, respectively, of the city of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its ctDyincil . as contained in Restloh,ctinumber -z,,e Z i — 143 , passed (the resolution adopted) by the city council under roll call number I VD'l' Z of the city council on the Za'''' day of tect„ aaz.a , and that kc ) ,! and CL C.zet. acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) 'P"',a'. _ NANCY HICB'f' An t( commiSSlON NO.788229 is,,'. - '` MY C) LS'ObLyt, ES •or} Ll..)44,,,t4..4 (Sign in ink) 1A1-1C (Print/type name) Notary Public in an for t a State of Iowa BUYER'S APPROVAL ;Recommended by (Sign in ink): X ,.,—. / (Date) / / 2 ? Project Agen (Printed Name): Scott nni Approved by (Sign in ink): X (Date) N O V 0 6 2Oi ght ay i' ctor (Printed Name): Brad Hofer . BUYER'S ACKNOWLEDGEMENT STATE OF IOWA } COUNTY OF STORY } ss: �� jj On this 6/-A day of /YD1//„.A- �,Z3 , before me, the undersigned, Ipersonally appeared ROW Director, Brad Hofer known to me to be a Right of Way Director of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. •4�9.,.(s�• VALERIE E.GOETHALS Z ':Commission Number 190573 My Commission Expires �� v• /ht.40,442 /ow-1r June 5, 2024 (NOTARIAL SEAL) Notary Public in an or the State of Iowa NHSX-063-6(70)--3H-07, 73S Page 3 of 5 FORK 634-077 6-75 IOWA DEPARTMENT DF TRAN,SPORTATION ACQUISITION PLAT a0WADOT EXHIBIT "A " COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO, NHSX-63-6(70)--3H-07 PARCEL NO. SECTION 24, 735 TOWNSHIP fit; N RANGE 13 W ROW - FEE 1420 SO. FT. , EASE AC. EXCESS - FEE AC ACQUIRED FROM Fd. Square iron pin V AUDITOR RAINBOW'S • PLAT NO. 4 Fd. 1.5" pinched pipe Lot 4 j 0„--Fd. square iron pin Fd. twistedii, Fa. pinched-N s 11 Iron pin pipe j 1 c Lot 3 in Lot 14 URBAN ACRES Fd. pinched--N �51 RiRe Rebor —41 LA m Fd. Pipe Lot 2 I I7Lot F . 1.5' pinched pipe 13 Ed. 1 .5" pinched pipe ♦� YPC n38 Pipe-- ,----Fa. 3/4" pipe LOT 12 EOSt Line Lot 1 � � Logan Ave. _ _ _ Fd. 1.5" pinched pipe if• � Voceted Webster st. Q ___ EXISTING ROW LINE -�f \ Webster St. Lot Lot Lot Lot i _ 15 16 17 18 CITY DF WATERLOO. IOWA ° Q FEE ACQUISITION AREA 1420 SQUARE FEET Pir NI Lot 23 A-8 S 01'09'06"E 74.55' 0 B-C 5 49•18'04"'E 237.25' pob LOt 46 C-D 5 49.18'04"'E 36.93' Q D-E N 00'00'QO"E 62.77' • E-F S 90'00'00"W 28.00' F-C 5 00"00'00"W 38.68' B-H S 01"09'06"E 343.11" \ . by 0 STA 77+17.20 Lot 1 AY/c'F q 9 l Ap 77.79' Cf`c�'0 f,,p '� STA 76+92.71 t AUDITOR RAINBOW'S r� 9�F�Dy r D t 50.15' Fd. 5/8" rebar PLAT NO. 1 q/ T9 fy with YPC --- --- -_. — ^� !9 4� k STA 77+55.46 010 E ¢ 49.22' Lot 2 i &STA 77+55.88 PT STA 74+81.88 - (t 77.22" �0,5. Lot 3 Lots oa 90 0 Lot 4 7x o / Fd. 5/8" rebor 0 —~ ,) with YPC a A °c O. 'x. '0 9,2 C0 > C 0 CA 0 ` YPC = YELLOW PLASTIC AP r„reoy certify that tnis land surveying Gocucent vas CRANDA ,yd s pr6C,retl and the rolcted survey work was preformed by me or SCALE: 1" = 100' my personal superv:sicn and -not t om duly licensed �f prof"tesionol Land Surveyor under the laws of the state of Iowa. K. n RS p ,—t"i ,u,.{ -,,i.o_iit",.L,} .'.1�{:'' (.9- 2�.,r-:\ 0' 50' 100' 3 Mirc-.da K. Enders Date Licc,se number 22293 My . cense renewal date is December 31. 2021 DATE DRAWN 3-11-2021 dcc °cg a sheets covered DY this seal. ti FFO,75 RM 634-O7T IOWA DEPARTMENT OF TRANSPORTATION GRA-)H I C EXHIBIT "A " QIOWADOT COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NH5X-63-6I7O)-11H-O7 PARCEL NO. 73S SECTION 24 `OWNSHIP 89 N RANGE 13 W ROW - FEE • EASE 6853 SO. FT. EXCESS - FEE AC ACOUIRED FROM Fd. Square iron pin 11 AUDITOR RAINBOW'S I PLAT NO. 4 Fd. 1.5" pinched pipe Lot 4 I .v.—Fd. square iron pin Fd. twisted---)0Fd. pinched tf3 iron pin pipe { i Lot 3 ! u+ Lot 14 URBAN ACRES Fd. pinched Fd. #5 f . pipe Reber °' w YPC 386e I Fd. 1.5 pinched pipe Lot 21041 Lot 13 Fd 1.5" 1.5" pinched pipe East Line Logan Ave.N. FYPC #386 d. Pipe r I"—Fd. 3/4" PIP(' Lot 12 Lot 1 �Fd. 1.5" pinched pipe Vacatad Webster St. v ___ i // Ex!STING ROW LINE \ Webster St. i f�,,, L 5 Lot Lot- Lot "�- —-- ss.3J, 1s ' 18 CITY OF WATERLOO, IOWA 0 . e/i p b s. 29.32' 7,4 4/ Let23 INGRESS/EGRESS EASEMENT AREA Lot 48 6853 SQUARE FEET PROPOSED FEE TITLE AREA ,� NR ft�y/ FOP 4C, CD�tg Lot 1 k'0 q ot.,-* / I AUDITOR RAINBOW'SN 4, , Qqp Fd. 5/8" rebarO PLAT NO. 1 with YPC — Lot 2 PT STA '4+81.88 cy, Lot 3 Lot 5 000 0 Ce Lot 4 0/ Fd. 5/8" o. with YPC .o 00� 0 1:p O > Q C O O J N SCALE: 1 " = 100' 0' 50' 100' iPC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc