HomeMy WebLinkAbout2017-05-15-Resolutions 17-247_5 Bel Aire Dr - Property PurchaseTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-247
RESOLUTION APPROVING OFFER TO BUY REAL ESTATE AND ACCEPTANCE
AGREEMENT FOR PROPERTY LOCATED IN THE CITY OF WAUKEE
IN THE NAMEAND IIY THEA UTHORlTYOF THE CITY OF WAUI EE,IOIYA
WHEREAS,the City Administrator executed an Offer to Buy Real Estate and Acceptance
Agreement (hereinafter referred to as the "Agreement")and said Agreement was accepted by the
Sellers,Corey and Janet Henderson,for certain property locally known as 5 Bel Aire Drive,
Waukee,Iowa;AND
WHEREAS,the City Council of the City of Waukee deems it to be in the best interest of the
City to purchase the property;AND
WHEREAS,the proposed Agreement between Corey and Janet Henderson and the City of
Waukee is attached as Exhibit "A".
NOW,THEREFORE,BK IT RESOLVED by the City Council of the City of Waukee that the
Offer to Buy Real Estate and Acceptance Agreement attached hereto as Exhibit A is approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to executed said
Agreement on behalf of the City and the City Staff is directed to proceed in accordance with the
Agreement.Upon the determination of the City Attorney that the conditions of the offer have
been satisfied and title delivered staff is authorized and directed to proceed with closing.
Passed by the City Council of the City of Waukee,Iowa,and approved the 15"day of May,
2017.
William F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
RESIDENTIAL PURCHASE AGREEMENT
'I'0:Core D.I fenderson and .Ianet D.I-lenderson (SEI,I,ERS)
'I'he undersigned BUYL'RS hereby offer lo buy and the undcrsigncd SELLLRS by their acceptance
agree to sell ihe re«l property situated in Dallas Count,Iowa,locally known as
5 Bcl-Aire Drive,Waul&co,Iowa 50263
and legally described as:
I.ot Fifty-onc (51)of Corene Acres,Plat.I,a Sub-Division of the 'I'own,now City of Waukee,Dallas
County,Iowa
together with any easements laid appurtenant servient estates,but subject to any reasonable easements
of rccortl for public utilitics or roads,any zoning restrictions,customary restrictive covenants and
mineral reservations of record,if any,herein referred to as the uPropetTy,n upon the following terms
and conditions provided BUYERS,on possession,are pelmitted to use the Properly for residential
purposes;
1.PURCHASE PIUCE.The Purchase Price shall be $1g5,000.00 and the method of
payment shall be as follows:$500.00 wiih this offiu io be deposited upon
acceptance of this offer and held in trust,hy Brick Gentr P.C.as earnest money to be
delivered to the SEI.LFRS upon perfonnance ol'SELLERS'obligations and satisfaction of
BUYFRS'contingencies,il'any;and the balance of the Purchase Price:
a)in cash at thc time ol'closing with adjustment for closing costs to be added or deducted from
this amount.This Agreement is not contingent upon BUYERS obtaining such funds.
b)'dential—
2.REAL ESTATE TAXES.
A.SELLERS shall pav all real estate taxes that are due and payablc as of the date of possession
and constitute a lien against the Property,including any unpaid real estate taxes for any
prior years.
B.SELLLRS shall pay their prorated share,based upon the date of possession,of thc real
estate taxes for the fiscal year in which possession is given (ending June 30,2017 )duc
and payable in the subscqucnt fiscal year (commencing July I,2017 ).
IJUYERS shall be given a credit for such proration at closing (unless this agreement is
I'or an installment contract)based upon the last known actual net real estate taxes payable
according to public record.However,if such taxes arc based upon a pariial assessmcnt of thc
presmit propetry improvements or a changed iax classification as of'the date of possession,such
C The tetra State Bar Astncintiun 20t7
tutranutsah
Purnt Xu.152,Residential Purchase tsgrecntcnt
Ret'ised .l tune 2016
proration shall be based on thc 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 oi possession.
C.BUYERS shall pay all subsequent real estate taxes.
3.SPECIAL ASSFSSMENTS,
A.SELLERS shall pay in full all special assessments which are a lien on thc Property as of the
date of acceptance
B.If nAn is stricken,then SELLERS shall pay all installments of special assessments which are
a lien on the I'roperty and,if not paid,would become delinquent during the calendar year
this offer is accepted,and all prior installments thereot'.
C.All charges for solid waste removal,sewage and maintcnancc that arc attributable to
SELLERS'possession,including those I'or which assessments arise after closing,shall be
paid by SELLERS.
D.Any preliminary or deficiency assessmcnt which cannot be discharged by payment shall be
paid by SELLERS through an escrow account.with suflicient funds io pay such liens when
payahlc,with any unused funds returned to SFI.I,FRS.
E.BUYERS shall pay all other special assessments.
4.RISK OF LOSS AND INSURANCE.SFiLI,FRS shall bear the risk of loss or damage to the
Property prior fo closing or possession,whichever first occurs.SELLERS agree to maintaili
existing insurance and BUYERS may purchase additional insurance.In the event of substantial
damage or destruction prior to closing,this Agreement shall be null and void;provided,however,
BLIYERS shall have the option to complete the closing and receive insurance proceeds regardless
of thc extent of damages.The property shall be deemed substantially damaged or destroyed if ii
cannot.bc restored io iis present condition on or before thc closing da1e.
5.I'OSSESSION AND CLOSING,lf BUYERS timely perform all obligations,possession of the
Property shall be delivered io BUYERS on Ma 26,20I7,and any adjustments of
rent,insurance,taxes,interest and all charges attributable to the SELLERS'possession shall be
made as of the date of possession.Closing shall occur after approval of title by buyers'attorney and
vacation of the Property by SELLERS,but prior to possession by BUYERS.SELLERS agrcc to
permit BUYERS to inspect the Property within 2 hours prior to closing to assure that the
premises are in thc condition required by this Agreement.If possession is given on a day other than
closing,the patTies shall make a separate agreement with adjustments as of the date of possession.
This transaction shall be considered closed (upon ihe tiling of litle transfer documents)fop~
and receipt of all funds then due at closing
fiom BUYERS under the Agreement.
6.FIXTURES.Included with the Property shall be all fixtures that integrally belong to,are
specifically adapted to or are a part of the real estate,whether attached or detached,such as:
attached wall-to-wall carpeting,built-in appliances,light.fixtiues (including light bulbs),water
softeners (except rentals),shutters,shades,rods,blinds,venetian blinds,awnings,storm windows,
storm doors,scremis,tclcvision antennas (including satellite dishes),air conditioning equipment
(except window type),door chimes,automatic garage door openers,electrical service cables,
attached mirrors,fencing,gates,attached shelving,bushes,trees,shrubs and plrutts.Also included
shall be the following:
A liances includin ~stove,oven,dishwasher,washer and di er
The following itents shall not be included:
Existin refri erator and shed in back ard
c The Iowa State aar Association 2tt 17
Imssl)ncsut
Form No.152,11esitlcn liat Purchase Asrcctncnl
acrisctl Jane 2liih
7.CONDITION OF PROPER'f Y.
A.The property as of the dale of this Agreement including buildings,grounds,rnid all
improvements will be preserved by the SL'LLL'RS in its present condition until possession,
ordinary wear and lear excepted.
B.Within 10 days sfler thc acceptance of this Agreement BUYERS may,at their sole
expense,have the properly inspected by a person or persons of their choice Lo determine if'
there arc any structural,mechanical,plumbing,electrical,environmental,or other
deficiencies.Within this same period,the BUYERS may notify in writing Lhe SELLERS of
any deficiency.The SELLFLRS shall immediately notify thc BUYERS in writing of what.
steps,if any,the SELLERS will take to correct any deficiencies before closing.The
BUYERS shall then immediately in writing notify the SELLERS that (I)such steps are
acceptable,in which case this Agrecmcnt,as so modified,shall be binding upon all parties;
or (2)that such steps are nol.acceptable,in which case this Agreement shall be null and
void,and any eanlest money shall be returned to BUYERS.
C.If oBo is deleted,BUYFRS acknowledge that they have made a satisfaclory inspection of
the Propetty and are purchasing thc Property in its existing condition.
D.NEW CONSTRUCTION:If lhe improvements on the subject propeity are under
construction or are to be constructed,this Agreement shall be subject to approval of plans
and specifications by the parties within days of acceptance of this Agreement.
New construction shall have the warranties implied by law,those specifically made by
suppliers of materials/appliances,and those specifically tendered by the contractor.
8.ABSTRACT AND TI'fLE.SELLERS,at their expense,shall promptly obtain an abstracL of title to
l.he Properly continued through the date of acceptance of this Agreement,
,and deliver it to BUYERS'attorney for examination.Il shall show
merchantable title in SFLLFRS in conformity with this Agreement,lowe law,and Title Standards
of the Iowa State Bar Association.The SELLERS shall make every reasonable effort to promptly
perfect title.If closing is delayed due to SELLERS'inability to provide marl&etable title,this
Agreement.shall continue in force and efTecl until either party rescinds the Agreement after giving
ten days written notice to the other party.The abstract shall become the properly of BUYERS when
the purchase price is paid in full.SELLERS shall pay the costs of any additional abstracting and
litle work due to any act or omission of SFLLERS,including transfers by or the death of SFI.LERS
or their assignees.
9.SURVEY.BUYERS may,at BUYFRS'expense prior to closing,have the properly surveyed and
certified by a Registered Land Surveyor.If the survey shows any encroachment on the Propetty or
if any improvements located on the Property encroach on lands of others,the encroachmcnts shall
be Lrcated as a Litle defect.If the survey is required under Chapter 354s SFI,LERS shall pay the cost
thereof,
IO.L'NVIRONMENTAL MATTERS.
a)SELLERS warranl to the best of their knowledge and belief that there are no abandoned
wells,solid waste disposal sites,hazardous wastes or.substances,or underground storage
tanks located on the Property,the Property does not contain levels of radon gas,asbestos or
urea-formaldehyde foam insulation which require remediation under current governmental
standards,and SFLLERS have done nothing to contaminate the Property with hazardous
wastes or substances.SELLERS warrant that the Property is not.subject to any local,stale,
or federal judicial or administrative action,investigation or order,as the case may be,
regarding wells,solid waste disposal sites,hazardous wastes or substances,or underground
slorage tanks.SELLERS shall also provide BUYERS with a properly executed
e Tlec iowe Stele aer Associntion 2017
Iowsuocsal
Rovm No.L52,Residcntinl Vnrchssc Agremncnt
Revised Jnnc 2lllt
GROUNDWATER I-IAZARD STATI.MENT showing no wells,private burial sites,solid
waste disposal sites,private sewage disposal system,hazardous waste and underground
storage tanlcs on the Property unless disclosed here:
b)BUYERS may at their expense,within 10 days after the date of acceptance,obtain a
rcport fiom a qualitied engineer or other person qualified to analyze the existence or nature
of any hazardous materials,substances,conditions or wastes located on the Property.In the
event any hazardous materials,substances,conditions or wastes are discovered on thc
Property,BUYERS'obligation hereunder shall be contingent upon ihe removal of such
materials,substances,conditions or wastes or other resolution of the matter reasonably
satisfactory io BUYERS.I lowever,in thc,event SFI,LFRS are required to expend any sum
in excess of 5 10 000.00 to remove any hazardous materials,substances,
contliiions or wastes,SELLERS shall have the opi.ion to cancel this transaction and refund
to IJUYER all Farnest Money paid and declare this Agreemcnt null and void.Thc expense
of any inspection shall be paid by BUYFRS.The expense of any action necessary to
remove or otherwise make safe any hazardous material,substance,conditions or waste shall
be paid by SELLERS,subject to SELLFRS'right to cancel this transaction as provided
above.
11.DEED.Upon payment of the purchase price,SFI.I.ERS shall convey the Property to BUYERS by
Warranty deed,free and clear of all liens,restrictions,and
encumbrances except as provided in this Agrcemcnt.General warranties of title shall extend to the
time of delivery of the deed cxccpting liens or encumbrances suffered or permitted by BUYFRS.
12.JOIN'I 'IENANCY IN PROCEEDS AND IN RFAL ESTATE.If SL'LLERS,immediately
preceding acceptance of the offer,hold title to ihe Property in joint tenancy with full right of
survivorship,and the joint tenancy is not later destroyed by operation of law or by acts of the
SELLERS,then the proceeds of this sale,and any continuing or recaptured rights of SELLERS in
the Propetzyc shall belong to SELLERS as joint tenants with full rights ol'survivorship and not as
tenants in conunon;and BUYFRS in the event of the death of any SELLER,agree to pay any
balance of the price due SELLFRS under this contract to the surviving SELI.FRS and to accept a
deed fiom the surviving SFLLERS consistent with Paragraph 15.
13.JOINDER BY SFLLER'S SPOUSE.SELLER'S spouse,if not a title holder immediately preceding
acceptance,executes this agreement only for the purpose of'relinquishing all rights of dower,
homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and
agrees to execute the deed or real estate contract for this purpose.
14.STATEMENT AS TO LIENS.If BUYERS intend to assume or (ake subject to a lien on the
Property,SFLI.FRS shall furnish BUYERS with a written statement prior to closing from the
holder of such lien,showing thc correct balance due.
15.USE OF PURCHASE PRICE.At time of settlement,funds of thc purchase price may be used to
pay taxes and other liens and to acquire outstanding interests,if any,of others.
16.APPROVAL OF COURT.If the Property is an asset of an estate,trust or conservatorship,ibis
Agreement is contingent upon Coot%approval unless declared unnecessary by BUYERS'attorney.
If ihe sale of the Property is subject to court approval,the fiduciary shall promptly submit this
Agreement for such approval.If this Agreement is not so approved by
Ma 26,2017 either party may declare this Agreemeni null and void,and all
payments nlade hereunder shall be returned io BUYERS.
17.RFMFDIFS OF THE PARTIES.
A.If BI IYFRS fail to timely perform this Agreement,SELLERS may forfeit it as provided in
the Iowa Code (Chapter 656),slid all paymcnis made shall be forfeited;or,ai SELLERS'
u rttc teer»Stntc anr Anrocintion 20I7
fotvnnoctde
Irornc tto.152,acti fentinl porclintc Agrcetoent
ttcrtred Junc 2010
option,upon thirty days written notice of intention to accelerate ihe payment of the entire
balance because of BUYERS'default (during which thirty days the default is not corrected),
SELLERS may declare ihc entire balance immediately due and payable.Thereaftet this
agreemcnt may be foreclosed in equity and the Court may appoint a receiver.
B.If SL'LLL'RS fail to timely perform this Agreement,BUYERS have the right io have all
payments made returned to them.
C.BUYERS and SELLERS arc also entitled to utilize any and all other remedies or actions at
law or in equity available io them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
18.NOTICE.Any notice under this Agreement shall be in writing and be deemed served when it is
delivered by personal delivery or by certified mail return receipt requested,addressed to thc parties
at the address given below.
19.CERTIFICATION.Buyers and Sellers each certify that they are noi 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,uSpccially Designated National and Blocked Person'or
any other banned or blocked person,entity,nation or transaciion pursuant to any law,order,rule or
regulation that is enforced or administered by the Office of ltoreign Assets Control;alld are not
engaged in ibis 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 patty fiom 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.
20,GFNERAL PROVISIONS.In ihe performance of each part of this Agreement,time shall be of the
essence.Failure to promptly assert rights herein shall not,however,be a waiver of such rights or a
waiver of any existing or subsequent default.This Agreement shall apply to and bind ihe successors
in interest of the parties.This Agreement shall survive the closing.Paragraph headings are for
convenience of reference and shall not limit or affect the meaning of this Agreement.Words and
phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or
neuter gender according to the context.
21.INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM.Delete inappropriate alternatives
below.If no deletions are made,the provisions set forth in Paragraph A shall be dcemetl selected.
A.Seller represents and warrants to Buyer that tbc Property is not served by a private sewage
disposal system,and there are no known private sewage disposal systems on the property.
B.'
C.
22.ADDITIONAL PROVISIONS:(check if'applicable)
A.SAI,E OF BUYERS'PROPERTY.This Agreement is contingent upon the sale slid settlement
of the BUYERS'property locally known as
on or before
If settlement has not been made by this date,the SELLERS may rescind this Agrecmcnt by giving
notice to BUYERS thai unless sale and settlement of BUYERS'property is made within five (5)
business days of such notice,then this Agreement shall bc null and void.Unless SFI.LERS give such
written notice,this Agreement shall remain valid uni.il thc sale of BUYERS'property.
OI Tbc lu&vo S lute acr Assncistion 20 I I
Io&vsuoc&%
I&or&n Ru.152,Rcsitlcntisl vurcbssc asrcc&nent
Revtsea.fuse 2016
SELLERS reserve the right.to continue to offer lhe Property for sale.Should SELLERS receive
another offer which they desirc to accept,BIJYERS shall llavc days from the delivery of
written notice to waive the "contingency of sale."Notice from the BUYERS to thc SEI.LERS,
removing the contingency of sale,shall bc timely delivered to the SELLERS along with reasonable
assurance that BUYEItS can complete the purchase without the sale of the property referenced above.
lf BUYERS do timely remove such contingency,this Agreement will remain in full force and
effect.(but without being contingent on the sale of BUYERS'property).If BUYERS do not timely
remove such contingency,SELLERS will immediately return to BIJYERS all earnest money paid,this
Agreement will be of no further force and effect,rnid neither party will have any further obligation to
the other hen eunder.
B.TERIvIITE INSPFCTION.at their expense shall have thc Propert
inspected for termites or other wood destroying insects by a licensed pest inspector prior to closing.If
active infestation or damage due to prior infestation is discovered,SELLERS shall have the option of
either having the Property treated for infestation by a licensed pest exterminator and Iraving any
damage repaired to the BUYFRS'satisfaction or,declaring this Agreement null and void and returning
all earnest money to BUYFRS,This provision shall not apply to fences,trees,shrubs or outbuildings
other than garages.BUYL'RS may accept the property in its existing condition without such treatmen&.
or repairs.
C.WELL TEST.SELl ERS,at SELLERS'expense,shall provide BUYERS,within days
after acceptance of this offer,a report issued by the county health department,or a qualified testing
service,indicating the location of'any well on the Property and that water fiom each well (I)is sal'e for
its intended use and (2)is in sufficient quantity for its intended use.If BUYERS receive an
unsatisfactory report,the basis for which cannot.be resolved between BUYERS and SELLFRS within
days of receipt thereof,then upon written notice from BUYFRS to SELLERS,this agreement
shall be null and void and all earnest money paid shall be returned immediately to BUYERS.
D.RADON TEST.Within days after the date of acceptance of this offer,SELLERS,at
their expense,shall have the property tested for the presence of Radon gas by a qualified professional
and shall provide the written results of such test to BUYERS within the same time period.If said
results reveal thc presence of Radon in the Property at a level grcatcr than 4.0 pCi/L and SELLERS do
not agree to remediate the Property at SELLERS'expense such that the Radon levels in the Property
are reduced to a level below 4.0 pCi/L,then BUYERS shall have the option to terminate this
agrccmcnt,in which case all carncst money shall bc returned to BUYERS and this Agreement shall be
of no further force or effect.
X E.NO REAI.F STATE ACJFNT OR BROKER.Neither pairty has used thc services of a real estaie
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 &his representation,
which shall survive closing.
F.OWNFRS'ASSOCIATION.If the propeirty is subject to control by an association of owners,
this Agreement is contingent upon the timely satisfaction or waiver of those conditions set forth on the
Owners'Association Addendum attached hereto and by this reference made a paid hereof.Buyers
may,before closing and no late&than days after receipt of all responsive documents,elect to
cancel this Agreement by written notice of cancellation to Sellers.If Buyers elect to so cancel this
Agreement,then this Agreement shall be null and void and the earnest money paid by Buyers shall be
refunded.In the event Buyers do not timely notify Sellcas of cancellation,this Agreement shall be
binding and remain in full force and effect.
X G.OTI-IER:Attach Addendum.
See 'Additional I'rovisions -OTI IER INFORMATION —Addendum'
&1'lsc luu»Stale asr Xssucistiua 20&7
Ieursoucc&d
auras &Su.152,Rcsideaiisl 2'ccrchsse Asrceucea&
Rcrised Jauc 20&6
ACCEPTANCE.When accepted,this Agreement shall become a binding contract.If not
accepted and delivered to BUYERS on or before Ma 26,2017,this Agreement
shall be null and void and all payments made shall be returned immediately to BUYL'RS.
Accepted Da~ed 5-i 2!(JJ
SELLERS Corey D,Henderson
SS¹:
2
2
BUYERS City fMaukee,lovta~7&~~D&H7-b00ld&S
SELLEI&ct .Ianet D.Henderson BUYERS
SS¹:
5 Bel-Aire Drive,Waukee,IA 50263
Address
Phone:7 I 7 .ytr'0'-'.
230 W.Hickman Road,Waukee,IA
50263
Address
Phone:515 97g-7900
n Tae low»sit»le asr Association 2017
Imva Doc»as
norns No.152,Rcsidcntial rnrclsase Aarecmeat
Revised Jane 2016
Additional Provisions -OTHER INFORMATION -Addendum
This offer is executed by the City Administrator contingent on approval of the offer hy the City Council of the City of
Waul&ca in open session.
LEAD-RASED PAINT DISCLOSURE -SALES
Property Address or Legal Description:5 Bel-Aire Drive,Waukee,Iowa;legally described as Loi
I"ifty-onc (5 I)of Corenc Acres,Plat I,a Sub-Division ol'the Town,now City of Waukce,Dallas
County,lowe
Les&1 Warning Statement
Every purchaser of any interest in residential real property nn which a residential dwelling was
built prinr to 197g is notified thai such property may present exposure to lead from lead-based paint.
that may place young children at risk of developing lead poisoning.Lead poisoning in young children
may produce permanent neurological damage,including learning disabilities,reduced intelligence
quotient,behavioral prnblems,and impaired memory.Lead poisoning also poses a particular risk to
pregnant women.The seller of any interest in residential real property is required to provide the buyer
with any information on lead-based paint hazards I'rnm risk assessment or inspections in the seller's
possession and notify the buyer of'any known lead-based paint hazards.A risk assessment or
inspection I'or possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure
A.Presence of lead-based paint and/or lead-based paint hazards (Check (i)cr (ii)helcw):
i.Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
[3 ii.Seller has no knowledge of lead-based paint and/or lead-based paint hazards in ihe
housing.
B.Records and reports available to the Seller (check (i)or (ii)below):
i.Seller has provided the purchaser with all available records and reports pertaining to
lead-based paint and/or lead-based paint hazards in the housing (list docummits below).
ii.Seller has no reports or records pertaining tn lead-based paint and/or lead-based
paint hazards in thc housing.
Buyer's Acknowledgment (initial)
By execution of this disclosure,Buyer acknowledges receipt of copies of all information listed
above including receipt of thc pamphlet,"I'rateci Your /ra»uiy from Le»din Your Home".
This agreement is contingent upon a risl&assessment or inspection of the Propetsy for the
presence of lead-based paint and/or lead-based paint hazards cit the Buyer's expense until 5 p.m,on
(Insert date 10 days after contract ratification or a date mutually agreed
upon].(Intaci lead-based paint that is in good condition is not necessarily a hazard.See the EPA
pamphlet oPro/eci Your hamily fia»t lead i»Yairr Home"for more information).This contingency
will terminate at the above predetelvnined deadline unless the Buyer (or Buyers agent)delivers io the
Seller (or Seller's agent)a written contract addendum listing together with a copy of the inspection and/
or risk assessment report.The Seller may,at the Sellers option,within days after delivery of
the addendum,elect in writing whether to cnrrect the condition(s)prior to closing.If the Seller will
re The loire State Bar Association 2017
Iowauocsn
Fora&iuo.IS6,Lead-Based Paint niscloinre -Sales
Revised,tauuarr 2016i
correct the condition,the Seller shall furnish the Buyer with 1:ertification from a risk assessor or
inspector demonstrating that the condition has been remedies before the date of closing.If the Seller
does noi.elect to make the repairs,or if the Seller makes a counter-offer,tbe Buyer shall have
days days to respond to the counter-offer to remove ibis contingency and take the property in "as is"
condition or this agreement shall become void.The Buyer may remove this contingency at any time
without cause.
Buyer hereby waives this contingency.(initial).
Agent's Acknowledgement (initial).
Agent has informed the Seller of the Sellelss obligations under 42 U.S.C.4852d and is aware of
Agent.'s responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify,to tbe hest of their
knowledge,that the information they have provided is true and accurate.
SLLLBR(S)BUYER(S)
,/n
;;,,-l...,!.!I,.J~tc v ~V'''rs;,l;"f~/:
Core D.Henderson,Scllcr Date City of Waukee,Iowa,Buyer Date
Ianet D.Hcndeison,Seller Date ',Buyer Date
,Agent Date ,Agent Date
C 'fhe loms Ststc lht r dssocisttou 2017
loxrsDocmsJ
Form No.156,Deed-assed Foist Diselossre-Soles
aertccd.lsoos&F 2016
:,tPUifo
RESIDENTIAL PROPERTY SELLER
DISCLOSURE STATEMENT
Property Address:5 Bcl-Aire Drive,Waukec,iowa 50263
PURPOSE:
Use this statemeni to disclose information as required by lowe Code chapter 558A.This law requires
certain sellers of residential property that includes at least one and no more than four dwelling units to disclose
information about.the property to be sold.The following disclosures are made by the Seller(s)and nol by any
agent acting on behalf of the Seller(s).
INSTRUCTIONS TO SELLER(S):
A.Seller(s)must complete this statement.I&espond to all questions,or attach reports allowed by Iowa Code
section 558A.4(2);
B.Disclose all known conditions materially affecting this property;
C.If an item does not apply to this property,indicate it is not applicable (N/A);
D.Disclose information in good faith and make a reasonable effotx to ascertain the required information.If the
rcquircd information is unknown or is unavailablc foilowing a reasonable effort,use an approximation of the
information,or indicaie that the information is unknown (UNK).All approximations must be identified as
approximations (AP).
E.Additional pages may be attached as needed;
F.Keep a copy of this statement with your other important papers.
DISCLOSURES:
1.Basement/Foundation.Any known water or other problems'?
Any i&clown ref'tall's?
If yes,date of repairs/replacenient:
Select a response:
Yes «rNJ«N/A UNK
Ycs No N/A IJNK
2.Roof:Any known problems?
Any known repairs?
If yes,date of repairdfiep(acement)
Yes (No'N/A UNK
(Fed No N/A UNK
3.Well mid Pump:Any known probliuns?
Any known repairs?
If yes,date of repairs/replacement:
Any watei tests?
If yes,date of last report:
and results:
4.Septic Tanks/Drain Fields;Any known problems?
Location of tank:
Date tank last cleaned:
Yes No (N/A)UNK
Yes No N/A UNK
Yes No N/A UNK
Yes No ((4/Aj UNK
r
5.Sewer Systenls:Any I@own problenis?Qr'-ri,'gr~f "."."Iu""Yes No N/A UNK
Any known repairs?pxfif~~w,j "s /t&«IM&«/d Eg Ai~(Yesy No N/A UNK
If yes,date of repairs/rep acement:/27
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r.Pire loses Stale unr Xssamatioa ial 7
.*„"CL'/{./our'
/
'i
Forns Xo.1SS Resiucnfinl Property Seller Disclosure Sattcment
«DF r "/,'.+'./-.l.J.?t'lrl,r''Y:f 4;—,&4 L.«y(;uk/'d/..;.,//y r 7 .
6.I-lusting System(s):Any known problems'?
Any known repairs?
If yes,date of repairs/replacemtuit:
Yes ZNGI?N/A UNK
Yes 6(o!N/A UNK
7.Central Cooling System(s);Any kiiown problems?
Any known repairs'.&r?r/VIfycs,date ofrepairs/replacement:,"oivyvtud)"fi .r,'Z o
Yys LNo'N/A UNK
(Year No N/A UNK
i 1
Plumbing System(s):Any knowt),proplms?«5+o(W '«(5 '','
t Yes/h(o N/A UNK
Any known repairs?/I(wh c It-eh'~!tdI 'v«A '2 562!J yes 'No+N/A UNK
If yes,date of repairs/replacement:
(v'g6 $~~5(ig
Electrical System(s):Any known problems?Yes oJ N/A UNK
Any known repairs?Yes ((lo N/A UN K
If yes,date of repairs/replacement:
10.Pest Infestation (e.g.,termites,carpenter ants):Any known problems?
If yes,date(s)of trcatmnit:
Any known structural damage?
If yes,date of repairs/rcplaccnlent:
Any known inspections'7
If yes,date of last report:
and results:
Yes No/N/A UNK
Yes (kov N/A IJNK
Yes (Nty/N/A UNK
11.Asbestos:Any known to be present in ihe stritoiure?
If yes,explain:
Yes No N/A (UNKv'
12.Radon:Any luiown tests for the presence of radon gas?
If yes,date of last report;
and results:
Yes ~No/N/A UNK
13.Lead-Based Paint:Any known to be presnit in structure?Yes /No/N/A UNK
14.Flood Plain:Do you know if the property is located in a flood plain?Yes;Noj N/A I.JNK
If yes,what is the flood plan designation:
16.Zoning:Do you know thc zoning classitication of the property?;Yes'No N/A VNK
If yes,what is the zoning classification:",/,
I L/3 )«.4:"d-.t/I-'
O Thc iowa State ear Association 2ll17
towaoocs«e
Sown No.155,Rcsidcn tint Property Scllcr Dtsclasnre Sta tetneot
Revised Ja nacry 2III 5
16.Covenants:Is the property subject lo rcstnctive covenants'?
If yes,attach a copy or state where a true,current copy of the
covenants can be obtained:
1Yes/Nqz N/A llNK
17.Shared or Co-Owned Features:Any feauues of the property known
lo be shared in comnlon with adjoining landowners,such as walls,
fences,roads,and driveways whose usc or maintenance responsibility
may have an effect on the property'&
Any known "common areas"such as pools,tennis courts,walkways,
or other areas co-owned with others,or a Homeowner's Association
which has any authority over the property'?
Yes kNo N/A UNK
r
Yes rNor N/A UN K
lg.Physical Problems:Any known settling,flooding,drainage or gtading
problenis?
Yes 'Nof N/A VNK
19.Structural Damage:Any known structural damage?Yes (N+o'N/A UN K
20.See attached Disclosure of Information on Lead-Based Paint and/or Lead-Based Hazard and the attached
pamphlet,Protect Your Pteni iy from Lend in Your lit&toe.
You MUST explain any oYES"response(s)above.Use the back of this statement or additional sheets as
necessary.Ii reports are attached,identify the reports and the questions to which they pertain.
O Tbe ious State Sar associstioa 2017
totcaDae$6
itoras tta.155,Rcsideatisl property Seller Disclasare Sfatcateal
Recited Jaaaats 2016
SELLER(S)DISCLOSURE:
Seller(s)discloses the information regarding this property based on inforn7ation known or reasonably
available to the Seller(s).The Seller(s)has owned the property since 'Iae'4&/"''/.The Seller(s)
certifies that as of the date signed this information is true and accurate to the best of my/our knowledge.
Selln(s)acknowledges requirement that Buyer(s)bc provided with the alowa Radon Home-Buyers and
Sellers Fact Shccta prepared by thc iowa Department of Public I lcalth.
pSeller;,'"T-.&a 7 ',"'I Wv+tru')7-
Corey D.,cnderson
Seller:
Janet.D.Henderson '"
Date:)'I l I
BUYER(S)ACKNOWLEDCtEMENT:
Buyer(s)acknowledges receipt of a copy of this Disclosure Statement.This Disclosure Statement is not
intended to be a warranty or to substitute for any inspection the Buyer(s)may wish to obtain.
Buyer(s)acknowledges receipt of the alowa Radon Home-Buyers and Sellers Fact Sheet"prepared by
the Iowa Department of Public Health.
Buyer
City of W ukee,low
.':g~a~-Buyer:
Date:
ro The lone Stare uar Association 2017
totranoesnh
Pot os Pto.lsS,Residential Property Seller Diseloanre Statetnent
ltesised Jannaey 2010