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HomeMy WebLinkAboutRESOLUTION NO. 2016-50 RESOLUTION NO. 2016-50 RESOLUTION APPROVING A REAL ESTATE PURCHASE AGREEMENT BETWEEN THE CITY OF FAIRFAX AND TJ RENTALS, L.L.C., AN IOWA LIMITED LIABILITY COMPANY FOR VACANT GROUND LOCATED AT 96 W. CEMETERY ROAD WHEREAS, City staff has negotiated a Real Estate Purchase Agreement (the "Agreement') with TJ Rentals, L.L.C., an Iowa limited liability company, for certain vacant land located at 96 W. Cemetery Road (Tax Identification Numbers 200915100800000) for $15,000.00 and other valuable consideration contingent on Council approval; WHEREAS, the City intends on using the property for purpose of installation and maintenance of a sanitary sewer main line and trail improvement; and WHEREAS, the Agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, THAT: 1. The Agreement, attached hereto and incorporated herein by reference, is approved. 2. The Mayor is authorized to execute all documents necessary to acquire said property in accordance with the Agreement. Passed and approved this 31St day of May, 2016. Council Member Kell moved the adoption of the Resolution; seconded by Council Member Daly. AYES: Beer, Daly, Kell Volk, and Wainwright NAYS: None F 44 Marianne Wainwright, Mayor Pr empore ATTEST: k'vtg�j' ' o Cyn is Stimson, City Clerk/Treasurer o iy C a e , or .� ® Z� aga Maio REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is made and entered into as of the date last written below ("Effective Dater') between TJ Rentals, L.L.C.,an Iowa limited liability company ("Seller''), and the City of Fairfax, an Iowa municipal corporation ("Buyer''). In consideration of the covenants and agreements contained herein,the parties agree as follows: 1. PREMISES. Seller shall sell to Buyer and Buyer shall purchase from Seller certain real property in Fairfax, Linn County, Iowa and legally described as follows: PART OF LOT 2,JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 1900, PAGE 202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N2°24'16"W 103.01 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9,TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN AND THE WEST LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF THE SOUTH 103 FEET OF SAID LOT 2; THENCE N88009'44"E 120.00 FEET ALONG THE NORTH LINE OF SAID SOUTH 103 FEET; THENCE S1050'17"E 103.00 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE S88009'44"W 118.98 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. all as shown in the acquisition plat attached as Exhibit"A"and incorporated herein by reference (the "RealEstate"). The Real Estate is being conveyed free of liens and encumbrances but subject to zoning and other ordinances, covenants of record and easements of record. Included with the Real Estate shall be all fixtures that integrally belong to,are specifically adapted to or are a part of the Real Estate,whether attached or detached. Included in the Real Estate should be all of Seller's right,title and interest to any leases, surveys, blueprints, drawings, plans and specifications, environmental studies or reports for or with respect to the Real Estate and Seller's possession. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price ("Purchase Price') to be paid for the Real Estate shall be the sum of Fifteen Thousand Dollars and 00/00 ($15,000.00) plus or minus prorations allocated at the time of the Buyer's Initials: 1 �7 Seller's Initial$<' Closing Date as provided herein. Buyer shall pay the Purchase Price in cash or certified funds at Closing. 3. CONTINGENCIES. Buyer's obligations under this Agreement are contingent upon the satisfaction of the following items: A. Approval of the Final Plat(s) of the Real Estate,by Buyer and the County of Linn in sole discretion of both parties; and B. Buyer securing binding written commitments for real estate adjoining, adjacent or in near proximity to the Real Estate all for the purpose of construction of a sanitary sewer main extension and future trail improvement project across said Real Estate. C. Approval by the City Council for the City of Fairfax of this Agreement; Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense, proceed diligently and in good faith to satisfy the conditions set forth above and to release such conditions or to have them satisfied before "Closing" (as hereinafter defined) ("ContingencyDatd') except as otherwise noted below. In the event the above contingencies have not been released or satisfied by the Contingency Date, then if it is likely that the conditions can be satisfied within a relatively short period thereafter,the Buyer may extend the contingency period for up to ninety (90) additional days by giving written notice to the Seller. If Buyer does not provide Seller with a release or satisfaction of the contingencies on or before the Contingency Date or a permitted extension,then this Agreement shall become null and void and all earnest money shall promptly be returned to Buyer. Upon execution of this Offer to Buy, Seller agrees that, upon Buyer's request, Seller will reasonably cooperate with Buyer to subdivide the Real Estate. Such cooperation shall include, but is not limited to, signing such applications, consents or other documents and performing such other actions as may be required by the City of Fairfax or other governmental agencies.Buyer shall be solely responsible for all application fees,survey costs and other costs for compliance with the requirements of governmental agencies. Upon Buyer's request for Seller's cooperation, Seller shall so cooperate within a commercially reasonable period of time. If the Seller's failure to respond within such period causes delay in the Buyer obtaining necessary approvals or consents, the contingency date and closing date may be extended for the same period of time of the delay that was caused by Seller's failure to cooperate.Notwithstanding any provision in this paragraph,Buyer shall not record any subdivision, survey, zoning or other instruments or take any action that may affect the Real Estate until the Purchase Price for the Real Estate is paid and title to the property passes to Buyer. 4. REAL ESTATE TAXES. Seller shall pay all real estate taxes that are due and payable as of the date of Closing and constitute a lien against the Real Estate, including any unpaid real estate taxes for any prior years. Seller shall pay their prorated share,based upon the date of Closing, of the real estate taxes for the fiscal year in which Closing occurs Buyer's Initials:&;r— Z Seller's Initia r), I-- due and payable in the subsequent fiscal year Buyer shall be given a credit for such proration at closing based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate,the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. Buyer shall pay all subsequent real estate taxes. Seller and Buyer acknowledge that the Linn County, Iowa Auditor will not provide a separate tax parcel identification number for the Real Estate for the indefinite future. Consequently, both parties warranty to each other that they will work collaboratively to pay all taxes applicable to the Real Estate and the "Parent Parcel" (as hereinafter defined) out of which the Real Estate was subdivided,both as their interests may be. 5. SPECIAL ASSESSMENTS. Seller shall pay in full at time of closing all special assessments which are a lien on the Real Estate as of the Closing Date and any preliminary or deficiency assessment. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable,with any unused funds returned to Seller. Buyer shall pay all special assessments which become a lien on the Real Estate after the Closing Date. 6. ABSTRACT AND TITLE. Seller,at its expense, shall obtain an abstract of title to the Real Estate, continued through thirty (30) days of the Effective Date and deliver it to Buyer's attorney for examination. The abstract of title shall show marketable title in Seller in conformity with this Agreement, Iowa law,and title standards of the Iowa State Bar Association. The abstract shall further show no covenants, restrictions or easements of record that prevent the Buyer from installing a sanitary sewer service line and trail improvement. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title,this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. The abstract shall be obtained from an abstracter qualified by the Title Guaranty Division of the Iowa Housing Finance Authority. Nothing in this paragraph shall relieve Seller from the obligation to convey merchantable title to Buyer at the time of the Closing Date. 7. POSSESSION AND CLOSING DATE. The closing on this transaction and transfer of possession of the Real Estate shall occur June 15, 2016 ("Closing Date?' or "Closingf') subject to Buyer's and Seller's full performance of their respective obligations under this Purchase Agreement and the satisfaction of any conditions herein. Any adjustments of taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of Closing. Closing shall be at the time and location selected by Buyer, or at such other time and place as the Buyer and Seller may agree. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer, and Seller's Buyer's Initials: A2 3 Seller's Initial receipt of all funds then due at closing from Buyer under this Agreement. Seller agrees to permit Buyer to inspect the Real Estate within 48 hours prior to the Closing Date to assure that the premises are in the condition required by this Agreement. Buyer shall be entitled to possession at Closing. Seller shall remove all personal property from the Real Estate on or before Closing. 8. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to the closing. In the event of substantial damage prior to closing,this Agreement shall be null and void unless otherwise agreed in writing by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within thirty(30) days after the Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to thirty(30) days, in order to allow completion of the repairs and restoration. Provided, however, in the event of substantial damage or destruction that cannot be repaired by the Closing Date or within thirty (30) days thereafter, Buyer shall have the right to complete the closing and to have the Seller apply as much of the insurance proceeds as are necessary to prepare and restore the Real Estate. Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance. 9. ENVIRONMENTAL MATTERS. Except as provided below, Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, "Hazardous Materials" (as hereinafter defined) in violation of any"Environmental Law" (as hereinafter defined), or underground storage tanks located on the Real Estate,the Real Estate does not contain levels of radon gas that require remediation under current governmental standards, and Seller has done nothing to contaminate the Real Estate with Hazardous Materials. Except as provided below, Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, Hazardous Materials, or underground storage tanks. Seller shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, Hazardous Materials and underground storage tanks on the Real Estate. The term "Environmental Law" means any federal, state or local law, statute, ordinance, regulation or order pertaining to health, industrial hygiene, environmental conditions or"Hazardous Materials" (as hereinafter defined), all as amended or modified from time to time, including but not limited to,the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9601-9675) and as further amended ("CERCLA"); the Resource Conservation and Recovery Act of 1976,as amended (42 U.S.C. §6901, et seq.) ("RCRA"); the Clean Water Act, as amended (33 U.S.C. §1251, et seq.); the Clean Air Act,as amended (42 U.S.C. §7401, et seq.); the Federal Insecticide, Fungicide and Rodenticide Act,as amended (7 U.S.C. §136,et seq.); the Toxic Substance and Control Act of 1976, as amended (15 U.S.C. §2601, et seq.); and Emergency Planning and Community Right to Know Act of 1986, as may be amended from time to time Buyer's Initials: 4 Seller's Initia (42 U.S.C. §11001 to 11050). The term "Hazardous Material" shall mean (i) "hazardous substances," as defined by CERCLA; (ii) "hazardous wastes," as defined by RCRA; (iii) petroleum or petroleum products or by-products; (iv) radioactive material, including, without limitation,any source, special nuclear, or by-product material, as defined in 42 U.S.C. §2011 et seq.; (v) asbestos in any form or condition; (vi) polychlorinated biphenyls; (vii) biomedical wastes; (viii) mold, mold spores, and mycotoxins, (ix) chlorinated solvents and (ix) any other material, substance or waste regulated under any Environmental Law as being hazardous,toxic or otherwise harmful to human health or the environment. 10. NOTICE. Notices required, permitted, or otherwise given under this Agreement shall be in writing and shall be deemed effective if given to the individuals named below. Notice shall be deemed given upon receipt of personal service, or upon mailing by first class mail, certified with restricted delivery, return receipt requested,to the address provided below: To Buyer: To Seller: City of Fairfax Attn: Mayor Frieden 525 Vanderbilt Street P.O. Box 337 Fairfax, Iowa 52228 With a copy to: Simmons Perrine Moyer Bergman PLC Attn: Matthew J. Hektoen 115 3rd Street SE, STE 1200 Cedar Rapids, Iowa 52401 11. BROKERAGE. Neither party has used the services of a real estate agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless the other party from and against all claims, costs,liabilities and expense (including court costs and reasonable attorney's fees) incurred by the other party as a result of a breach of this representation,which shall survive closing. 12. DEED. Upon payment of the Purchase Price at the time of closing, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 13. STATEMENT AS TO LIENS. If Buyer intends to assume to take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. Buyer's Initials: 5 Seller's Initia ) 14. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 15. REMEDIES OF THE PARTIES. In the event either party breaches this Agreement, the other party is entitled to utilize any and all remedies or actions at law or in equity available to them and shall be entitled to obtain a judgment for costs and attorney's fees as permitted by law. 16. GENERAL PROVISIONS. The following general provisions govern this Agreement: A. No waivers. The waiver by either party hereto of any condition or the breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant, or condition herein contained. B. Time of Essence. Time is of the essence in this Agreement. C. Governing Law. This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Iowa. D. Invalidity. If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. E. Complete Agreement. All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Buyer at closing. F. Counterparts. This Agreement may be executed in a number of identical counterparts,which taken together, shall cause it to be collectively one Agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart with each party's signature. An electronically-transmitted copy of an executed counterpart this agreement shall be deemed an original. G. No Presumption Against Drafter. This Agreement has been freely negotiated by both parties. In any controversy, dispute, or contrast over the meaning, interpretation,validity, or enforceability of this Agreement or any of its Buyer's Initials: 6 Seller's Initiar__ terms or conditions,there shall be no inference,presumption or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. 17. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person,group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages,losses, risks,liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 18. ACCEPTANCE. If this Agreement is not signed by Buyer and Seller by at 5:00 p.m., this Agreement shall terminate without further action by the parties. 19. SANITARY SEWER EXTENSION. The Buyer shall install one (1) sanitary sewer service line and stub from the sanitary sewer main line to be installed by Buyer on the Real Estate the locations and specifications of which may be determined by the Buyer in its sole and absolute discretion. The Buyer shall waive the cost of installing the sanitary service stub from the customary sanitary sewer hookup fees. To the extent Seller desires to do so Seller shall be fully responsible for extending the sanitary sewer service line from the then-existing stub to Seller's existing building. The Seller shall nevertheless be responsible for all customary sanitary sewer hookup fees charged by the Buyer at the time that the Seller connects to the City's sanitary sewer system with respect to the sanitary sewer service stub. 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Bright 1150 5th Street, Suite 170 (319) 354-1019 Simmons Perrine Moyer Bergman PLC Coralville, IA 52241 FAX (319) 354-1760 Address tax statement and after recording return to: City of Fairfax, PO Box 337, Fairfax, IA 52228 WARRANTY DEED In consideration of one dollar and other valuable consideration, TJ Rentals, LLC, an Iowa limited liability company, does hereby transfer and convey to City of Fairfax, an Iowa municipal corporation, all of its right, title and interest in real estate located in Linn County, Iowa, legally described as follows: Parcel A, Plat of Survey No. 2081 as recorded in Book 9590, Page 75 of the records of the Linn County, Iowa Recorder on July 13, 2016, also described as follows: Part of Lot 2, James Kurtz's Second Addition to Fairfax, Linn County, Iowa as recorded in Book 1900, Page 202 in the office of the Linn County, Iowa Recorder described as follows: Beginning at the Southwest corner of said Lot 2; thence N2'24'16" W 103.01 feet along the West line of the Southwest Quarter of the NE Quarter of Section 9, Township 82 North, Range 8 West of the 5' Principal Meridian and the West line of said Lot 2 to the Northwest corner of the South 103 feet of said Lot 2; thence N88°09'44" E 120.00 feet along the North line of said South 103 feet; thence S1°50'17"E 103.00 feet to the South line of said Lot 2; thence S88°09'44"W 118.98 feet along said South line to the point of beginning Said Parcel contains 0.28 acres, subject to easements and restrictions of record. The described real estate is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Linn County, Iowa. Grantor does hereby covenant with Grantee, and successors in interest, that Grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and Grantor covenants to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. The undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. TJ RENTALS, LLC Dated: jr__ J 12016 By: y G < ," hi',� JR,Banes� Manager STATE OF 16 wA- L /I n COUNTY This instrument was acknowledged before me on this Manager of TJ Rentals, LLC. Notary Public in and f r s 'd State My commission expire 123 I -) DAV16 BRIGHT Wt Commission Number 735134My Commission Expires �� tia,,2Ut i SS: I qak day of �,) 1", , 2016 by JR Banes, 1801011111110111111111111111 Doc ID: 022398650003 Type: GRW Recorded: 07/14/2016 at 02:51:43 PN Fee Amt: $0.00 Page 1 of 3 Linn County Iowa JOAN MCCALMANNT RECORDER C Q File201 / � 00005 V 00 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name TJ Rentals, LLC Address 4905 Longview Dr, Fairfax, IA 52228 Number and Street or RR City, Town or P.O. Slate Zip TRANSFEREE: Name City of Fairfax Address 525 Vanderbilt St, Fairfax, IA 52228 um er an treat or RK City, I own or P.O. State ip Address of Property Transferred: hl r{z�� iA a�z 2d Number and Streetor HR (;ity,Town, or a e p Legal Description of Property: (Attach if necessary) Sioo Pvhihit A attarhP.d hereto 1. Wells (check one) [j/1 -here are no known wells situated on this property. ❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid. Waste Disposal (check one) Orf There is no known solid waste disposal site on this property. ❑ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) 'There is no known hazardous waste on this property. ❑ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) ® There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) ❑ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) 0' There are no known private burial sites on this property. ❑ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) ❑ All buildings on this property are served by a public or semi-public sewage disposal system. In/ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. ❑ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ❑ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ❑ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. ❑ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] ❑ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ❑ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: z1�� (�f Telephone No.: () (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) EXHIBIT A Legal Description Parcel A, Plat of Survey No. 2081 as recorded in Book 9590, Page 75 of the records of the Linn County, Iowa Recorder on July 13, 2016, also described as follows: Part of Lot 2, James Kurtz's Second Addition to Fairfax, Linn County, Iowa as recorded in Book 1900, Page 202 in the office of the Linn County, Iowa Recorder described as follows: Beginning at the Southwest corner of said Lot 2; thence N2'24'16" W 103.01 feet along the West line of the Southwest Quarter of the NE Quarter of Section 9, Township 82 North, Range 8 West of the 5" Principal Meridian and the West line of said Lot 2 to the Northwest corner of the South 103 feet of said Lot 2; thence N88009'44" E 120.00 feet along the North line of said South 103 feet; thence S 1 °50' 17"E 103.00 feet to the South line of said Lot 2; thence S88°09'44"W 118.98 feet along said South line to the point of beginning Said Parcel contains 0.28 acres, subject to easements and restrictions of record.