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Home My WebLink AboutPURCHASE AGREEMENT - PARCEL 116A • Return to and Prepared by Valerie Goethals, Right of Way Office, Iowa Dept. of Transportation, 800 Lincoln Way,Ames,IA 50010,515-239-1361 Form 6 -'28 Iowa Department of Transportation Office of Right of Way,800 Lincoln Way,Ames,Iowa 50010 ter_ Ph.:515-239-1135 Toll-Free:866-282-5809 FAX:515-239-1247 www.iowadot.gov PURCHASE AGREEMENT Parcel Number: 116A County: Black Hawk Project Number: NHSX-63-6(70)-3H-07 Route Number: 63 Seller: City of Waterloo,IA THIS AGREEMENT entered into this day of ,by and between Seller and the Iowa Department of Transportation,acting for the State of Iowa,Buyer. 1a. 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, situated in parts of the following Lot 39 of Auditor Rainbows Plat of Bicksler's Addition (Vacated), City of Waterloo, in the county of Black Hawk, State of Iowa, and more particularly described on page 4,including the following buildings,improvements and other property: All land,trees,shrubs,landscaping and surfacing attached to the premises sought and described herein 1b. The Seller also agrees to convey to the Buyer all of the Seller's rights of direct access from the premises to Highway N/A,from Sta.N/A,excepting and reserving to the Seller the right of access at the following locations N/A. 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 $ Mutual Benefit On possession and conveyance Immediate $ 0.00 Total Lump-Sum Amount Breakdown Ac./Sq.Ft Land by fee title 1,152 sq.ft. Fence rods woven Underlying fee title acres Fence rods barbed Permanent easement acres acres DISTRIBUTION: TWO COPIES RETURNED TO BUYER(IOWA DOT).ONE COPY RETAINED BY SELLER 116A,NHSX-63-6(70)--3H-07 Page 1 of 4 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 1-800-926-4368. 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.Names and addresses of lien holders are (none). 6. 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 arr.ess 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 nen scary, 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. 7. 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. 8. 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. 9. 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 ail 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. 10. 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. 11. 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. 11GA, NHSX-63-6(70)-3H-07 Page 2 of 4 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 715 Mulberry St. Waterloo,IA 50703 ByX ByX Ernest G.Clark Mayor,City of Waterloo Suzy City Clerk,Cs City of Waterloo MUNICIPAL ACKNOWLEDGEMENT—Acknowledgement for municipal corporations STATE OF IOWA COUNTY OF BLACK HAWK ss: On this day of and for said the State of Iowa,personallya before me,the undersigned,a notary public in who being by me duly sworn,did say tha they are the mayor and city clerk,ark and respectively,ofthe city of Watezy Schares to me personally rloo, 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 ordinance number by the city council under roll call number of passed(the resolution adopted) of the city council on the day of ,and that Ernest to be their voluntary act and deed,and o untary act and deed of the corpares orationed ,by it voluntarily executed.instrument execution of the (NOTARY SEAL) (Sign in ink) (Print/type name) Notary Public in and for the State of Iowa Buyer's Approval Recommended by: Project Agent Scott Henning (Date) Approved by: Right of Way Director Martin J.Sankey (Date) Buyer's Acknowledgement STATE OF IOWA } COUNTY OF STORY }ss: On this day of me,the appeared ROW Director,Martin_ Sanke ,known to be afore oRight of Way Dees or of personallye 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 116A,NHSX-63-6(70)--3H-07 Page 3 of 4 • • IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" • COUNTY SLACK HAWK, CITY OF WATERLOO STATE CONTROL NO. _ PROJECT ND. NF{SX-063-6I70I--3H-07 PARCEL NO. 116A SECTION 13 TOWNSHIP 69 • RANGE 13W ROW-FEE I.152 S.F. OR 0.03 AC, EASE AC, EXCESS-FEE AC ACQUIRED ACCESS RIGHTS FROM STA, TO STA.. MAIN LINE SIDE ACQUIRED ACCESS RIGHTS FROM STA. _TC STA.. SIDE ROAD_—.___.____SIDE ACQUIRED FROM CITY OF WATERLOO ACCESS RIGHTS ACQUIRED BY 7 24 TRACT -9-OF SUFtvE`. OF THE , i \ NORTH 37'OF LOT 39 OF AUDITOR 1 FO pDIA LP. 1 RAINBOWS PLAT OF SICKStERS t ADDITION IVACATED)RECORDED \ L64'S OF PROP LINE i 138.3' __ IN;MO.6K.139 PACE 441 It: lNE \ ALs0C HARE COUNTY RECORDER'S i i a 25 OFF!CE IB8.3' I_...___ FD 3/ 1 ,i.,,, . I 4' ',12fi \ it D)A 1.P rN89°36'40`E 1 FD 3/4'CIA PIPE--\Kt136-3' r. y �.` 6.26' -96x I INCH 34' io — [i --_J ` }---•-TOP PIPE /-2L86:2'40'E 0 FD I'DIA PIPE-- \P tt.� 9N99z y-- i s� 92rT3 , 1 1363' sl:c ��-. sza' \I P.O.B. \•�1 1,y - of �'.: ` /—S22°36'44-E 1% 28 -I �., 't/ 66.80' 1 t ��. 4 $ v ' c 1 N21°59-08'%'—' 44. '32.0 ) a 29 ; 129.62' '•,Tji;., 55.0' `IFD 3/4'DIA PIPE I ' �� SO4°26'O9-E i ;46.3' 39 '41 Yr 37.97' 1 1 . 30 Q ` s j FO I'DIA PIPE i q"� 4c ` 9k7S . I4Ei3' ` ,fief (F {,ST.b'x Ex.P./4 o 31 \ . gP`Q,�O� o S0q Os., FO I/2•Du PIPE 0.14'E$ 0.76'S .. 146.3' .3 ?� OP PROP CCR ? , _ \ f c , G 32 g; e 't: FD r DIA PIPE y 4 l46.3' t • i II? 33 • o cn PO •x'CUT I 37.5' IN CONE 146.3' ' 1 1 46.1' J' i 0 34 FD i/d`DIA PIPE %aw FD'X'CUT 0.63'E OF PROP CDR ir 04 CONC -2' I 35 $ H 37 NI - - Ft) I'DIA PIPE —. 100.2' ,,., 1 f I 2 36 b FD T-POST I =o I0 2' 46.r 99.r 38 1„II0 - N O 30 60 Eo\AMa iu I I h..eay...ufr MK tm,cane era's eee�er4 w v5..,..,J< pr.a 14rH ✓4r•7-d)ryc p..Ydl yC<7Am •.. .< t mx U.I s a 4.,Um..Ls+tl 44'1 ,....the MIC1411 R �* 'Ii.¢KUx l.4y.71o.� eii iI/11vk(e'9..W /O-0`)=09 SCALE IN FEET f ycC ft.FACLE A O) ` ;;..'...,771. Moro a•77..e c,. 0. AA Illy Name R"'al.date 1.In..'37,Zat0_ !'spec or.1..et.se.ired ey thls awl, IRIS SHEET DATE DRAWN 07-15-oq 8Y BS • REVISED 05-03-OR BY BRUIN! 116A,NHSX-63-6(70)-3H-07 Page 4 of 4