HomeMy WebLinkAboutRESOLUTION NO. 2018-36July 26, 2018
City of Fairfax
c/o Cynthia Stimson, City Clerk
300 80th St., PO Box 337
Fairfax, IA 52228
Dear Cynthia:
Office of Right of Way
800 Lincoln Way I Ames, IA 50010
Phone: 515-239-1273 1 Fax: 515-239-1247
Email: joseph.cuva@iowadot.us
When corresponding, refer to:
Linn County
Project: NHSN-151-3(147)--2R-57
Parcel No. 5
Enclosed for your records is copies of the approved Purchase Agreement with the Iowa
Department of Transportation and the Recorded Quitclaim Deed. This transaction is
considered closed.
Also enclosed is a Property Owner Survey. Please complete this survey and return it in the
envelope provided.
Thank you for your cooperation in this highway improvement project. If you have any questions,
please contact me.
i re y,
YJoeuva, Agent
Title and Closing Unit
Office of Right of Way
JC
Enc.
Resolution No. � 3
CITIES AND TOWNS
CERTIFICATION OF MUNICIPAL CORPORATE RESOLUTIONS
SALE OF REAL PROPERTY AND DELIVERY OF CONVEYANCE
Parcel No. 5 Linn County
Project No. NHSN-151-3(147)--2R-57 Primary Road No.U.S.151
I,the undersigned,Cynthia Stimson, City Clerk of the City of Fairfax, Iowa,a municipal corporation duly organized and existing
under the laws of the State of Iowa, DO HEREBY CERTI FY that notice of a pending sale of real estate has been published at
least once, not less than four or more than twenty days before the date of the hearing in a newspaper published at least once
weekly and having general circulation in the City of Fairfax, Linn County, Iowa, in accordance with the Code of Iowa, that a
public hearing has been held and the following is a true and exact transcript of certain resolutions duly adopted by the members
of the City Council on the��day of T E VC'-' 20 1 F�, by the call of yeas and nays recorded below and
these resolutions are now in full force and effect:
RESOLVED, that this municipal corporation proposes to sell, grant and convey certain City property to the State of Iowa for
MUTUAL BENEFIT and other certain benefits, terms and conditions as set forth in a Purchase Agreement to be signed by
Bernie Frieden, Mayor,and Cynthia Stimson,City Clerk, relating to Linn County Project No, NHSN-151-3(147)--2R-57, Parcel
No.5, regarding certain real estate in part of the SW%of the SE%of Section 9,Township 82 North, Range 8 West,in the City
of Fairfax and a part of Lot"A" of Arps Meadows 1St Addition, an official plat now included in and forming part of the City of
Fairfax, as shown on the Acquisition Plat(s) attached to said Purchase Agreement.
RESOLVED FURTHER, that the proposed Purchase Agreement and Quitclaim Deed are hereby approved; that Bernie
Frieden, Mayor, and Cynthia Stimson, City Clerk,are hereby empowered and directed to execute,acknowledge,and deliver in
the name of this Municipal Corporation, the Purchase Agreement, the Quitclaim Deed and any other instruments of title
required by law or which may, in the judgment of such officer(s), be necessary or desirable to effectuate the sale, grant and
conveyance of the property to the State of Iowa.
RESOLVED FURTHER,that the executed Purchase Agreement and Quitclaim Deed are hereby accepted and approved by this
municipal corporation, and Cynthia Stimson, City Clerk, is hereby directed to deliver the executed Purchase Agreement and
Quitclaim Deed to the Iowa Department of Transportation Right of Way Agent, or their duly authorized representative, in
exchange for the consideration of MUTUAL BENEFIT and other valuable considerations,all as authorized in accordance with
the Code of Iowa.
Members of the City Council
Yeas Nays Absent or Not Voting
� 6a
IN WITNESS WHEREOF, I have hereunto subscribed my name at 6L.
1, P'c Iowa, this
day of �3 20 .
(Sign in Ink)
A CynthialStimson, City Clerk
P 0
i t
�d Fbob yi
X89
(AF.FJ?('CORP•Oi6TE SEAL ABOVE♦)
STATE OFWn
COUNTY OF Lt V ss:
Subscribed and sworn to before me this day of t ,� 20 iy.
KATHY J EVERETT
Notarial Seal - IOWA (Sign in Ink)
IOWA Commission No.777486
My Commission Expires March 15,2019 Notary ublic.
(AFFIX NOTARIAL SEAL ABOVEA)
Linn County Project No. NHSN-151-3(147)--2R-57
City of Fairfax (Parcel No. 5)
C410WADOT
Prepared by: Joseph Cuva, Office of Right of Way,800 Lincoln Way,Ames, IA 50010,515-239-1273
Return to: Joseph Cuva, Office of Right of Way, 800 Lincoln Way,Ames, IA 50010,515-239-1273
Address Tax Statements: Tax Exempt-IA Code Sec.427.1 (Prop Mgmt-ROW Office,IDOT,800 Lincoln Way,Ames,
IA 50010)
QUITCLAIM DEED
(CORPORATE GRANTOR)
For the consideration of MUTUAL BENEFIT and other valuable consideration in hand paid
by Iowa Department of Transportation, the CITY OF FAIRFAX, 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 Linn County, Iowa:
THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
AREA "A"
A PART OF SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 LYING EAST OF
U.S. 151 OF SECTION 9, TOWNSHIP 82 NORTH, RANGE 8 WEST OF
THE 5TH P.M., BEING A PART OF THE CITY OF FAIRFAX, LINN
COUNTY, IOWA AND AS SHOWN ON THE ACQUISITION PLAT EXHIBIT
"A", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 9;
THENCE NORTH 02022'51" WEST, 1,039.55 FEET; THENCE NORTH
87037'09" EAST, 96.21 FEET TO THE PRESENTLY ESTABLISHED EAST
RIGHT-OF-WAY LINE OF SAID U.S. 151 AND THE POINT OF
BEGINNING; THENCE NORTH 05104'51" WEST ALONG SAID EAST
RIGHT-OF-WAY LINE, 280.97 FEET TO THE NORTH LINE OF SAID
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 88125'03"
EAST ALONG SAID NORTH LINE, 50.02 FEET; THENCE SOUTH
07044'32" EAST, 106.54 FEET; THENCE SOUTH 06122'59"WEST, 164.54
FEET; THENCE SOUTH 60008'05"WEST, 24.42 FEET TO THE POINT OF
BEGINNING AND CONTAINING 11,978 SQUARE FEET.
NOTE: THE WEST LINE OF SAID SOUTHEAST 114 OF SECTION 9 IS
ASSUMED TO BEAR NORTH 02022'51" WEST.
AND
Linn County Project No. NHSN-151-3(147)--2R-57
City of Fairfax (Parcel No. 5) Page 1 of 5
AREA "B"
A PART OF LOT "A", ARPS MEADOWS IST ADDITION, AN OFFICIAL
PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF
FAIRFAX, LINN COUNTY, IOWA, AS SHOWN ON THE ACQUISITION
PLAT EXHIBIT"A", ATTACHED HERETO AND BY REFERENCE MADE A
PART HEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT"A"; THENCE
NORTHEASTERLY ALONG THE WEST LINE OF SAID LOT "A" AND
ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS
1819.86 FEET, WHOSE ARC LENGTH IS 172.50 FEET AND WHOSE
CHORD BEARS NORTH 30°37'39" EAST, 172.44 FEET; THENCE SOUTH
2503712"WEST, 172.67 FEET TO THE SOUTHWESTERLY LINE OF SAID
LOT "A"; THENCE NORTH 60159'37" WEST ALONG SAID
SOUTHWESTERLY LINE, 15.08 FEET TO THE POINT OF BEGINNING
AND CONTAINING 1,534 SQUARE FEET.
NOTE: THE SOUTHWEST LOT LINE OF SAID LOT "A" IS ASSUMED TO
BEAR NORTH 60059'37" WEST.
This quitclaim deed, is given in fulfillment of a certain Purchase Agreement executed by the
grantor on C)Ims:c M ,20ik , and signed bythe grantee on ";
20 , on file in`the Office of Right of Way, Iowa Department of Transportation, 800
Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this
document.
This land is being acquired for public purposes and a Declaration of Value is not required.
Iowa Code Sec. 428A.1.
This deed and transfer is exempt from transfer tax as the grantor is a political subdivision
of the State of Iowa. Iowa Code Sec. 428A.2(6).
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, according to the context.
Linn County Project No. NHSN-151-3(147)--2R-57
City of Fairfax (Parcel No. 5) Page 2 of 5
__
Dated 20
CITY OF FAIRFAX, IOWA
� k0
ZBy: (Sign in Ink)
Bernie Frieden, Mayor
�o
By: /�� � �„ (Sign in Ink)
(AFFIX CORPORATE SEAL ABOVE) Cy is Stimson, CIty Clerk
STATE OF u,t��. COUNTY OF ss:
On this r> day of 20 , before me, the undersigned, a
Notary Pubfic in and for said Sta e, personally appeared Bernie Frieden and Cynthia
Stimson, 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 Fairfax, 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.
of the City Council on the day of20�, and that
Bernie Frieden and Cynthia Stimson acknowledged th6 execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
a� K=DONALDSONCo (Sign in Ink)
N tary blic.
(AFFIX NOTARIAL SEAL ABOVE A)
Linn County Project No. NHSN-151-3(147)--2R-57
City of Fairfax (Parcel No. 5) Page 3 of 5
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT 1 OF 2
EXHIBIT"A"
COUNTY LINN STATE CONTROL NO.
PROJECT NO. NHSN-151-3(147)-2R-57 PARCEL NO. 5
SECTION 9 TOWNSHIP 82 RANGE 8
ROW-FEE 11,978 SQ FT )<, EASE AC EXCESS-FEE AC
ACCESS RIGHTS ACQUIRED - STA STA MAIN LINE SIDE
ACCESS RIGHTS ACQUIRED - STA STA SIDE ROAD SIDE
ACQUIRED FROM
CITY OF FAIRFAX, IOWA
PC Sta 870+29.88
CENTER OF SECTION I I
SECTION 9-82-8
FOUND 20D SPIKE LFOUND ALUMINUM CAP 1_ot\K,5 2ND
STA 881+35.05. 5C&p5
441.48' LT I N88°25'03"E South Line of Lot 2
j 50.02' Sobaski's 2nd
I I
- - - - - ---- - -----•-
- - -- - -� - - - - - 869+76.08
100.00'
I I
I ( o
j I North Line o
I I SW1/41 a
3 SE1/4
n^V G`3i``7p3�9S I Section 9 N
I P1 sw05
I I GA5
! I o
m
1 I �
a
868+70.00
Zo 110.00'
I I o
I I a
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p `a SURc2Ca 1\. m ��"v E AREA "An
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,�REGc 5\4'EX a.2'NOV, j f
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EX N2 E�V\5 PC\g1 1.Nf cn
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IN I
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Presently Established East
Right of Woy Line of U.S. 151 N
I I o
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I I
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SjI I
u065CYU\538 P\gg
52 S�1 _EXg4wP0\2� I I 37 B
BS2N�?OT�2 E -- 85.00'7.38 SE 56C XaZOo'N�341
NO2°22'51"W --- 1 9 Sb �a ..0, g 115
7.039.55' � i 240408 05"W P03
Point of Beginning
SOUTH 1/4 CORNER ' �p1 SURVEY N
SECTION 9-82-8 �- \yRtiW��A SE B2 s lid
FOUND CONCRETE MONUMENT `1 SEC,10114 Qp231 I
STA 856+56.51. 32.42' LT PT Sta 840+20.65 5423
1 hereby certify that this land surveying document
was prepared and the related survey work was
performed by me or under my direct personal
supervision and that I am a duly licensed
Professional Lana Surveyor under the laws of the
SSiDNq�
Q�oFE lq�O Stat of Iowa. J
ERIC J. ���
` - 2,'l �'�F
MILLER ERIC MILLER DATE: ® FOUND SECTION
19515CORNER
License number 19515
m FOUND RIGHT OF
'f Too My License Renewa I Date is December 31, 2018 WAY RAIL
Pages covered by this seal: ® FOUND IDOT ALUM. CAP
EXHIBIT "A" ONLY (UNLESS OTHERWISE NOTED)
0
1-- 25 .p�•r50
DATE REVISED
DATE DRAWN AUGUST 18 ,2017 SCALE 1"=50'
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT 2 OF 2
EXHIBIT"A"
COUNTY LINN STATE CONTROL NO.
PROJECT NO. NHSN-151-3(147)--2R-57 PARCEL NO. 5
SECTION 9 TOWNSHIP 82 RANGE $
ROW-FEE 1,534 SQ FT X, EASE AC EXCESS-FEE AC
ACCESS RIGHTS ACQUIRED - STA STA MAIN LINE SIDE
ACCESS RIGHTS ACQUIRED - STA STA SIDE ROAD SIDE
ACQUIRED FROM
CITY OF FAIRFAX, IOWA
j a
/ e90x
/ 92 sS
/ Presently Established
% East Right of Way Line
j of U.S. 151
/ 882+20.00
/ 89.91'
j X05 AWS �5`
r�•j 'West L i ne Lot "A"
j/ ,ti �OTaOpwS �Sz
j AREA "g" pfip5 ME
SOUTHWEST CORNER LOT A
/ Point of Beginning
/ 880+38.67
/ 880+38.97 105.00'
j 89.93'
/
N6 '59'37'W
j 15.08'
Southwesterly Line Lot A
7NO
SOB pSK
U.S. 151
61°53'00" CURVE DATA
D=03°00'00" DELTA = 05°25'52"
pST=1.144.91' RADIUS = 1.819.86' �T
/ Ste L=2.062.78' ARC LENGTH = 172.50' Av
80`'9 CH1Bearing=N28°35'07"E CHORD LLENGTH,90 . 6' CHORD BEARING = N72°44'39"E
88 CH=1.963.96'
l
e FOUND SECTION
CORNER
■ FOUND RIGHT OF
WAY RAIL
• FOUND IDOT ALUM. CAP
(UNLESS OTHERWISE NOTED)
0' 25' 50'
r ®.�
DATE REVISED
DATE DRAWN SCALE 1"=50'
Return to and Prepared by Katie Johnson, Right of Way Office, Iowa Department of Transportation,
800 Lincoln Way,Ames, IA 50010, 515-239-1216
Form 634028(01-14)
VM
Office of Right of Way
CjiuWADOT www.iowadot.gov
800 Lincoln Way,Ames, Iowa 50010
Phone: 515-239-1135 FAX: 515-239-1247
PURCHASE AGREEMENT
Parcel Number: 5 County: Linn
Project Number: NHSN-151-3(147)-2R-57 Route Number: 151
Seller: City of Fairfax
THIS AGREEMENT entered into this day of
by and between,Seller and the Iowa Department of Transportation,acti g 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: Part of the SW 1/4 of the SE 114 of Section 9, T82N, R08W, in the City of Fairfax; part
of Lot "A" of Arps Meadows 1st Addition, an official plat now included in and forming part of the City of
Fairfax; part of the NE 1/4 of the NE 1/4 of Section 16, T82N, R08W; in the County of Linn, State of Iowa,
and more particularly described on pages 5-6 including the following buildings, improvements and other
property:
All 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
t !On conveyance of title
!On surrender of possession
$0.00 10n possession and conveyance :i 60 days after Buyer approval
j $0.00 !Total Lump-Sum Amount
Breakdown Ac/Sq:Ft.
Land by fee title 13,512 sq.ft. Fence =N/Arods woven
;Underlying fee title N/A isq.ft. Fence N/A ;rods barbed
Permanent easement i
I N/A jsq.ft.
DISTRIBUTION:TWO COPIES RETURNED TO BUYER(IOWA DOT)ONE COPY RETAINED BY SELLER.
5, NHSN-151-3(147)--2R-57 Page 1 of
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, Office
of Right of Way, 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 66.52.
14. The Sellers grant to the Buyer temporary easements for the purpose of extending Church Street. The Right-
of-Way Design Plot Plan, attached as a page 4 of this agreement, graphically illustrates the proposed
temporary easement area being granted. The temporary easement shall terminate on completion of this
highway project.
15. it is understood and agreed ail entrances located within the construction limits of this highway project that are
not listed or allowed in this agreement will be eliminated.
I
5, NHSN-151-3(147)--2R-57
Page 2 of 6
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, Office
of Right of Way, 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.
14. The Sellers grant to the Buyer temporary easements for the purpose of extending Church Street. The Right-
of-Way Design Plot Plan, attached as a page 4 of this agreement, graphically illustrates the proposed
temporary easement area being granted. The temporary easement shall terminate on completion of this
highway project.
15. It is understood and agreed all entrances located within the construction limits of this highway project that are
not listed or allowed in this agreement will be eliminated.
5,NHSN-151-3(147)--2R-57
Page 2 of 6
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 Fairfax
Signed By: X X �
Bernie Frieden, Mayor Cyntlfia Stimson,City Clerk
300 80th St., PO Box 337
Fairfax, IA 52228
This section to be completed by a Notary Public.
STATE OF IOWA
COUNTY OF Linn ss: , +
On this 5`day of i, , 2�, r �' , before me,the undersigned,a notary public
in and for said the State of Iowa, personally appeared Bernie Frieden and Cynthia Stimson 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
Fairfax, 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 number pd�,�%;- of the city council on the (,,2e-day
Of �Ai2el and that Bernie Frieden and Cynthia Stimson acknowledged the execution
Of the ins ment to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it
voluntarily executed.
(AFFIX NOTARIAL SEAL BELOW)
~"t"
KATHY j EVERETT
Notarial Seal- IOWA
'°"" Commission No.777486
My Commission Expires March 15,2019
(Sign in ink)
(Print/type name)
Notary Publi4 in and for the State of Iowa
BUYER'S APPROVAL
Recommended by _
(Sign in ink): X (Date) � -
Project Agent
(Printed Name): Scott Henning
Approved by
(Sign in ink): X (Date) 'JUL 2 3 20118
Right o Way Directo
(Printed Name): Martin .Sankey
BUYER'S ACKNOWLEDGEMENT
STATE OF IOWA }
COUNTY OF STORY
On this,[ day of before me,the undersigned,
personally appeared ROW Director, Martin J.Sankey 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.
VALERIE E.GOETHALS
Commission Number 190573
MyJnenum 5,2021
(NOTARIAL SEAL) Notary Public in and for the State of Iowa
5, NHSN-151-3(147)-2R-57
Page 3 of 6
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 Fairfax
Signed By: r Xecz k
� '�
Bernie Frieden, Mayor Cynt is Stimson, City Clerk
300 80th St., PO Box 337 ,��`''' �� "`'••.,
Fairfax, IA 52228 ���Q� � ` •�'
This section to be completed by a Notary Public, D..' ' �{
STATE OF IOWA
COUNTY OF Linn ss: .,.�s�o4u+*�►
On this day of aQ i �( , before me, the undersigned, a notary public
in and for said the State of Iowa, personally appeared Bernie Frieden and. Cynthia Stimson 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
Fairfax, 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 number of the city council on the (,2d-day
of �yt� �(��� and that Bernie Frieden and Cynthia Stimson acknowledged the execution
of the inst ment to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it
voluntarily executed.
(AFFIX NOTARIAL SEAL BELOW)
KATHY J EVERETT
Notarial Seal - IOWA
°"" Commission No.777486
My Commission Expires March 15,2019
(Sign in ink)
c{.`} L4 - ��,C�f (Print/type name)
Notary Pu)lid in and for the State of Iowa
BUY;EF2'S APPROVAL'` #
(Recommended by
(Sign in ink): X (Date) I
Project Agent
(Printed Name): Scott Henning
Approved by
(Sign in ink): X (Date)
Right of Way Director
(Printed Name): Martin J. Sankey
`:BUYER'S ACKNOWLEDGEItiIIENT ` ,. �` ���„� z t
STATE OF IOWA }
COUNTY OF STORY } ss: I
i
On this day of before me,the undersigned,
personally appeared ROW Director, Martin J. Sankey 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.
i
i
;(NOTARIAL SEAL) Notary Public in and for the State of Iowa
5, NHSN-151-3(147)--2R-57
Page 3 of 6
IOWA DEPARTMENT OF TRANSPORTATION 5715102008\row\57151147SED(PARCFI)5
PROJECT DEVELOPMENT
PLOT PLAN
I OF 2
PARCEL NO.: 5
OWNER': CITY OF FA 1 RFAX
SECTION: 16 T 82 N-R 8 W. LEGEND
SCALE:I 100, W.D.OR EASEMENT LINE:
ACCESS LOCATION POINT:
PROPERTY LINE:
849+66±R/W.Coro - i-
�80' - IL
U0, - -i
I
y 1 ! I I
TEMPORARY EASEMENT TO
EXTEND CHURCH ST.
5,151 Sq,Ft.
Church
Street
l
1 I
� I I
� ! I
1
1
I I
49+06±
05
,
I
Ln --- - -- - -- - -I
,I =
- - - - - - - - - -- -- - - — -- - -
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-- - - - -- --- - - - - - -
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- -- - - - - - - - - -1—-- - - - - - -- - -
i
-- --- - - ------- ---_--- -- - _— — _—_ --- _—_
REV. 03-14-18-- — r-- - -
COR. 04-25-18
s
I
L INN
COUNTY: PROJECT NO.: NHSN-151-3(147)--2R-57
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT 1 OF 2
EXHIBIT"A"
COUNTY L(NN STATE CONTROL NO.
PROJECT NO. NHSN-151-3(147)-2R-57 PARCEL NO. 5
. SECTION 9 TOWNSHIP 82 RANGE 8
ROW—FEE 11,978 SQ FT X, EASE AC EXCESS—FEE AC
ACCESS RIGHTS ACQUIRED — STA STA MAIN LINE SIDE
ACCESS RIGHTS ACQUIRED — STA STA SIDE ROAD SIDE
ACQUIRED FROM
CITY OF FAIRFAX, IOWA
CENTER OF SECTION I i PC Sta 870+29.88
SECTION 9-82-8
FOUND 20D SPIKE L �oZ,22iao
STA 881+35.05. ( ! FOUND ALUMI
NUM CAP 50gp5Kj5
441.48' LT j I N88°25 03 E
South Line of Lot 2
50.02 Sobaski's 2nd
-
--- ------- ---"— ---"--------- — — — —' — — — 869+76.08
100.00'
I 1
I f o
North Line e
SW1/4.
} I I SEI/4 a
,MO g1KN P8��89� I I Section 9 N
135}3 I I
I I m P'I sw�F4U55,555
I I EpS�
I I o
m
I I �
a
868+70.00
I 110.00'
I I A
I �( Ln
1 ih V5IF
AREA "A"
FEOu�p EXRE2,W 5 a�
o' c
RN SE sW 5364,2 V,481 N CbN
o`N OF 01ARR �' I3 LO CO,
9 0 0 G EX RO N
E}5 •Ttt PS oo' 99 ui ml m
EX N20EXEV93POP9i I N O
g952a o ca
I I
Presently Established East n _
Right of Way Line of U.S. 151 N
N
I I m
I I ti
I 1
I 1
I I
dot } VEY ( I
tRRE��p5C5V 938 P�99 i I i
sE Sw ASEX N�po52�
I I �
4q
9 52
85.007.38 SE SEX Zoo'�gql
NO2^22'51"W I _ I 9 2 5'N SR 60� 9 345
'
"
1
S600805"W >t PO ggo18 PO
Point of Beginning 24.42
SOUTH 1/4 CORNER �oS 30RVE� 1�7
SECTION 9-82-8 L i RREGU\-4 SE �/413 1V
FOUND CONCRETE MONUMENT `I `1 sW 13'52
STA 856+56.51, 32.42' LT PT Sta 840+20.65 Sgg423�Poe}� I
I hereby certify that this land surveying document
was prepared and the related survey work was
performed by me or under my direct personal
supervision and that [ am a dulyhe laws
Professional Lqnd Surveyor under the laws of the `L
QQpEE55IONgL(qyO Stat of Iowa.
ERIC J. (3_�Z
MILLER ERIC MIL/L`E'RDATE: FOUND SECTION
19515 CORNER
License number 19515
■ FOUND RIGHT OF
IOWA My License Renewal Date is December 31, 2018 WAY RAIL
Pages covered by this seal: • FOUND IDOT ALUM. CAP
EXHIBIT "A" ONLY (UNLESS OTHERWISE NOTED)
DI 2---5� .
DATE REVISED
DATE DRAWN AUGUST 18 , 2017 1" =50'
SCALE
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT 2 OF 2
EXHIBIT"A"
COUNTY LINN STATE CONTROL NO.
PROJECT NO. NHSN-151-3(147)-2R-57 PARCEL NO. 5
SECTION 9 TOWNSHIP 82RANGE 8
ROW-FEE 1,534 SQ FT ><, EASE AC EXCESS-FEE AC
ACCESS RIGHTS ACQUIRED - STA STA MAIN LINE SIDE
ACCESS RIGHTS ACQUIRED - STA STA SIDE ROAD SIDE
ACQUIRED FROM
CITY OF FAIRFAX, IOWA
i Sr
% 910%
% 92 ss
% Presently Estoblished
j East Right of Way Line
% Cf U.S. 151
/ 882+20.00
%
/ 89.91'
got VWS SS
MEt+OO
West Line Lot "A"�
Jj
AREA "B" a^ ARp'S ME
SOUTHWEST CORNER LOT A
/ Point of Beginning
/ 880+38.97 880+38.67
j 89.93' 105.00'
/ N60°59'37"W
% Southwesterly Line Lot A
VNO
/ 5p0ASK�5
U.S. 151
4=61°53'00" CURVE 1 DATA
D-03"00'00" DELTA = 05°25'52"
pC T=1,144.91' RADIUS = 1,819.86'
/ Ste L=2,062.78' ARC LENGTH = 172.50'
8�0*2g CH1Bearing�128°35'07"E CHORD LENGTHCHORD = "72`44,39"E
88 CH=1.963.96'
Wyk)E
A FOUND SECTION
CORNER
i FOUND RIGHT OF
WAY RAIL
• FOUND IDOT ALUM. CAP
(UNLESS OTHERWISE NOTED)
0 25' 50'
DATE REVISED
DATE DRAWN SCALE