HomeMy WebLinkAboutRESOLUTION NO. 2013-45 RESOLUTION NO. 2013-45
RESOLUTION APPROVING A PURCHASE AGREEMENT WITH THOMAS J. ARP
AND PATRICIA A. ARP FOR LOT A OF AR "S MEADOWS FIRST ADDITION
WHEREAS, the City of Fairfax intends to construct and maintain a trail upon Lot A olf
Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa; and
WHEREAS, a property purchase agreement has been submitted by Thomas J. Arp and
Patricia A. Arp; and
WHEREAS, JCG Land Services, Inc. and Hall and Hall Engineers, Inc. have:
recommended acceptance by the City of Fairfax of said purchase agreement.
NOW, THEREFORE,, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the property purchase agreement by Thomas J. Arp and Patricia A. Arp be and the
sarne is hereby approved.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said
Resolution.
Passed and approved this 23`d day of July, 2013.
AYES: Beer, Frieden, and Otto
NAYS: None
ABSENT: Magers and Wainwright
Jasoiykabe, Mayor
ATTEST:
40
L
'y, Stimson, City Clerk/Treasurer
t-4.1 �K
1<
Prepared by: JCG Land Services, Inc., 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698
For: City o-Fairfax, Iowa, 525 Vanderbilt St., Fairfax, IA 52228 (319)846-2204
Page 1
PURCHASE AGREEMENT
PARCEL Lot A COUNTY Linn
PROJECT Fairfax Recreational Trail ROAD N/A
SELLER: Thomas J. Arp and Patricia A. Arp, husband and wife, as Joint Tenants
THIS AGREEMENT entered into this 14 day of Jq 2013, by and between Seller and the City of
Fairfax, Iowa, Buyer.
1 a. SELLER AGREES to sell and furnish to Buyer a general warranty deed, and Buyer agrees to buy the following
real estate, hereinafter referred to as the premises, situated in parts of the following:
Lct A Arp's Meadows First Addition Northwest Quarter(NW '/) of the Southeast Quarter (SE '/) Section
Nine(9) Township Eighty-two (82) North, Range Eight(8)West of the 5 P.M., ,
in the County of Linn ,State of Iowa,and more particularly described on Pages 4 including the
following buildings, improvements and other property:
All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein .
1 b. 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. SELLER CONSENTS to any change of
grade of the street and accepts payment under this Agreement for any and all damages arising therefrom.
SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this
Agreement and discharges Buyer from liability because of this Agreement and the construction of this public
improvement project.
2. Possession of the premises is the essence of this Agreement and Buyer may enter and assume full use and
erjoyment of the premises per the terms of this Agreement. SELLER GRANTS Buyer the immediate
possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY
surrender possession of the premises or building or improvements or any part thereof prior to the time at
which he 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.
3. Buyer agrees to pay and 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
$ 0.00 on conveyance of title
$ 0.00 on surrender of possession
$ 54,231.18 on possession and conveyance 60 days after approval of this
Agreement by the city council for the
City of Fairfax.
$ 54,231.18 TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title 3.93 Ac. Sit.
Underlying Fee Title Ac. Sq-.Ft.
Permanent Easement Ac. Sit.
4. 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 SELLER AGREES to
pay all liens and assessments that are liens against the premises as of the date of closing, including all taxes
and special assessments payable until surrender of possession as required by the Code of Iowa,and agrees
to warrant good and merchantable title in accordance with this Agreement, Iowa Code and the Iowa State Bar
Association Title Standards. Seller shall convey title to the premises by general warranty deed. Names and
addresses of lienholders are:
None
6. Buyer may include mortgages, lienholders, encumbrancers and taxing authorities as payees on warrants
issued in payment of this Agreement. In addition to the Total Lump Sum, Buyer agrees to pay$150.00 for the
cost of adding title documents required by this transaction to Seller's abstract of title.Within fourteen(14)days
of mutual execution of this Agreement. Seller shall deliver to Buyer an abstract of title to the premises
extended to the date of mutual execution of this Agreement. Buyer agrees to pay the cost of abstract
continuation. SELLER AGREES to provide such documentation as may be required by Iowa Land Title
Standards to convey merchantable title to Buyer. SELLER ALSO AGREES to obtain court approval of this
Agreement, if requested by Buyer, in the event title to the premises becomes an asset of any estate, trust,
conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to
transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts
supported by paid receipts or signed bills.
7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require
relocation by project construction shall be repaired or relocated at no expense to Seller. Buyer shall have the
right of entry upon Seller's remaining property along the right of way line, if necessary, for the purpose of
connecting said drain tile. Buyer will not be liable for fencing private property or maintaining the same to
restrain livestock.
8. If 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, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and
will accept title solelyfrom that survivor,,provided the joint tenancy has not been destroyed by operation of law
or acts of Seller.
9. These premises are being acquired for public purposes and this transfer is exempt from the requirements for
the filing of a Declaration of Value by the Code of Iowa.
10. Seller states and warrants that there is no burial site,well, solid waste disposal site, private sewage disposal
systems, hazardous substance, nor underground storage tank on the premises described and sought herein,
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.
l
✓�? L41�2
Thomas J. Arp v Patricia A. Arp
This section to be completed by a Notary Public.
Both columns must be completed. I
CAPACITY CLAIMED BY SIGNER:
SELLER'S ACKNOWLEDGMENT I X INDIVIDUAL
STATE OF '30 wCa } I CORPORATE
COUNTY OF t—t ^ }ss: i Title(s)of Corporate Officer(s):
On this `(aday of `tii A.D.20 1-3, before me,the
undersigned, a Notary Public in and for said State, personally appeared I _ Corporate Seal is affixed
5 � ,A I _ No Corporate Seal procured
PARTNER(s):
_ Limited Partnership
to me personally known I _ General Partnership
or oj_proved to me on the basis of satisfactory evidence I _ ATTORNEY-IN-FACT
I _ EXECUTOR(s)or TRUSTEE(s)
to be the person(s)whose name(s)is/are subscribed to the within instrument and I _ GUARDIAN(s)or CONSERVATOR(s)
acknowledged to me that he/she/they executed the same in his/her/their I _ OTHER:
authorized capacity(ies), and that by his/her/their signature(s)on the instrument I
the person(s),or the entity upon abehfwhich the person(s)acted,executed the I SIGNER IS REPRESENTING:
instrument. i List name(s)of entity(ies)or person(s)
V (Sign in Ink)
f-� STEVEN SCo C�:TMP
�1 ���c" �wr�rint/Type Name) I
1T Cpm rm eissiOt►Numb 5766
as
My
irw Notary Public in and for the State of y�
BUYER'S APPROVAL
7.2,2 . / 3
Re mm nded by: Ri ht of Way Project Agent (Date)
Approved by: City of Fairfax (bate)
(name)
Buyer's Acknowledgement
STATE OF IOWA }
COUNTY OF LINN } SS:
On this % day of A i 3 before me, the undersigned, personally
appeared sOy% e-c be known to me to be the 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 b 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.
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LCML ANDENDINEENG-o ND LANDSCAPE ARCHITEDN IN
1N THE CITY OF FAIRFAX,LINK COUNTY,IOWA NOSURVEVINGetANDDEVEIOPMENTPLANNING "`w�...+n.
CERTIFICATION OF NEGOTIATOR
AND PARCEL CHECKSHEET
COUNTY LINN PROJECT Fairfax Recreational Trail PARCEL NO. Lot A
OWNER Thomas and Patricia Arp ADDRESS 30 East Cemetery Rd. , Fairfax, Iowa 52228
I certify the following information to be correct.
1. The written agreement secured embodies all of the considerations agreed upon between the
property owner and myself.
2. The agreement was reached without coercion, promises other than those shown in the
agreement, or threats or any kind whatsoever by or to either of us.
3. I have no direct or indirect present or contemplated future personal interest in this
parcel or in any benefit from the acquisition of this property.
4. I am aware this parcel may be used in connection with a project that is Federally funded.
5. Good Faith Negotiations: The Right of Way Agent has made an effort to negotiate in good
faith with the Seller(s) to acquire the property. These efforts include: 1) provided the
Seller(s) with a copy of the appraisal of the property sought, 2) discussed the basis of
determining value, 3) reviewed the project design plans, 4) discussed the contents of the
acquisition document, 5) addressed owner's questions and concerns, 6) provided the owner(s)
with a written offer of the fair market value.
FILE CONTAINS THESE ITEMS,IN THIS ORDER:
X Owner Purchase Agreement with Exhibits
X Disclosure of Representation
X Written Offer (Owner's) and Revised Offers if necessary
X Groundwater Hazard Statement
X Agent's Notes
X W-9
N/A Request for Crop Damage Payment
x Red Breakdown
N/A Land Surveyor's Plat(s) or Exhibits & Descriptions (Current)
N/A MISCELLANEOUS: Owner's Plans, Appraisals, Drawings, Pictures, etc...
Certified by
Right of Way Agent (Date)
Approved byLa2�_Walj Jew J244 11&*
Project Agent 0 (Date)
County: Linn
Project No.: 3551
Parcel No.: Lot A
DISCLOSURE OF REPRESENTATION
Scott Camp represents The City of Fairfax in this transaction.
By signing below, Seller confirms that written disclosure of representation was provided
to them before signing of the transaction contract.
201-
(Name) (Date)
(Title)
I - / 4 201
(Name) (Date)
41e
(Title)
DATE 7- County: Linn
Project 3551
Parcel No. Lot A
REVISED OFFER TO PURCHASE
OWNER Thomas J. Arp and Patricia A. Arp
ADDRESS 30 E. Cemetery Road., Fairfax, Iowa 52228
The City of Fairfax, Iowa , is seeking to acquire 3.93 acres in Fee for a recreational trail in
Linn County, Iowa and submits an offer of$ 54,231.18 for the Acquisition for right-of-way
for the recreational trail which represents just compensation for the right-of-way needed
from your property.
,J
By et
Acquisition Agent
DATE County: Linn
Project 3551
Parcel No. Lot A
OFFER TO PURCHASE
OWNER Thomas J Arp and Patricia A. Arp
ADDRESS 30 E. Cemetery Road., Fairfax, Iowa 52228
The City of Fairfax, Iowa , is seeking to acquire 3.93 acres in Fee for a recreational trail in
Linn County, Iowa and submits an offer of$ 30,000.00 for the Acquisition for right-of-way
for the recreational trail which represents just compensation for the right-of-way needed
from your property.
By C l�C-7
Acquisition Agent
ROW Agent Contact Record
County: Linn Parcel No.: Lot A
Landowner Name: Thomas and Patricia Arp
Marital Status: Married
Type of Ownership:
Address: 811 High Point Drive SW., Cedar Rapids, Iowa 52404
Phone: 319-310-7571
Tenant Name:
Type of Lease:
Address:
Phone:
Crop Type:
Crop Damage Payment To: Owner X Tenant
Drain Tile Locations (if known):
Other known easements:
Aerial spraying: Yes No X
Livestock: Yes No X
Fence near easement area: Yes No X
Contact Record:
06/14/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Called Landowner and left message.
06/17/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Called Landowner and no answer, left message
06/17/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Called Shane Wicks and discussed the project and no contact with
the Arps
06/18/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Called and spoke to Thomas Arp and set a meeting time and date for
06/20/13 @ 11.00am with Tom App, Shane Wicks and Scott Camp
06/20/13
Agent: Scott Camp
Date informational packet presented: 06/20/13
Notes/Matters discussed: Met with Tom Arp along with Shane Wicks and the Mayor of
Fairfax Discussed the Acquisition and Purchase Agreement. Mr. Arp did not agree with the
amount to be paid for the land being acquired in Fee. I tried to explain how the amount for the
land to be acquired came about and Mr. Arp said he would like to get a total of 80,000.00 for the
land to be acquired This amount comes to approx. 14,337 per acre. I mentioned we would need
to discuss this amount and get back to Mr. Arp.
06/20/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: I called Shane Wicks and discussed the amount asked from Mr. Arp.
Shane said he would talk it over with the Mayor and the City Council.
07/09/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: I received a call from Shane Wicks and was told that the City is still
discussing the amount asked and would get back to me.
07/11/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Received a call from Shane Wicks stating that the city has approved
an amount not to exceed 12,500.00 per acre. I called Mr. App and there was no answer.
07/12/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: I received a call from Shane Wicks stating that the Mayor has made
contact with Mr. Arp and they have come to an agreeable amount of 77 000.00 for the land to be
acquired Shane said he will call me with the time and date for signing.
07/12/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: Shane Wicks called and said the meeting has been set for 07/16/13 (a
10.00am for signing
07/16/13
Agent: Scott Camp
Date informational packet presented:
Notes/Matters discussed: I met with the Arps, Shane Wicks and a city employee. presented
the documents to the Arp's with the revised amounts that were agreed to and all documents were
sign and Notarized
ze-
,--a-gent,
Scott Camp
JCG Land Services
OFFICE INFORMATION OF PURCHASE AGREEMENTS
Red Breakdown
County Linn
Project 3551
Parcel No. Lot A
The "breakdown"of the attached Purchase Agreement is as follows:
1. Land to be acquired by fee title: 3.93 acres $ 54,231.18
2. Land to be acquired by permanent easement: acres $ N/A
3. Total reduction in value resulting to acres temporary $ N/A
easement f b,,,-.ow and/or-haul „ „a:
4. Total reduction in value resulting to acres temporary $ N/A
easement for detour:
5. Buildings to be acquired: $ N/A
6. Other improvements to be acquired including right of way fence: $ N/A
7. Control of Access: $ N/A
8. Severance dainage to remaining property: $ N/A
9. Tenant Release: $ N/A
10. Abstract Continuation: $ 150.00
Total $ 54,232.68
Form Yd M9 Request for Taxpayer Give Form to the
(Rev.January 2011) requester.Do not
Department ev.January2011)Treasury Identification Number and Certification send to the IRS.
Internal Revenue Service
Name(as shown n your income tax return)
N Business name/disregarded entity name,If different from above
com
n. Check appropriate box for federal tax
O classification(required): tti�IGy tt Individual/sole proprietor E] C Corporation E] S Corporation El Partnership ❑
U)
( q ) Trust/estate
0 o
. ❑Exempt payee
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
--------------------------------
O i
a ❑ Other(see instructions)►
U i
Addss(number,street,and apt.or suite no.)
CL Requester's name and address(optional)
ll /
City,state,and ZIP Ggqe
List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
MOM 4[111 Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments oth r than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign Signature of
Here U.S.person CZ
Date►a7'
General Instructions Note.If a requester gives you a form other than Form W-9 to request
your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this Form W-9.
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade
requester)and,when applicable,to: business in the United States are generally required to pay a withholding
tax on any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.10231X Form W-9(Rev.1-2011)