HomeMy WebLinkAboutA011 - Attorney's Title Opinion dated January 18, 1999 c
Attachment No.
AIRPORT ROAD SUBDIVISION, AMES,
STORY COUNTY, IOWA
ATTORNEY'S TITLE OPINION
I, DAVID W. BENSON, the undersigned, state:
1. I am an attorney licensed to practice in the State of Iowa and my principal
place of business is located at 618 Douglas Ave., P.O. Box 270, Ames, IA 50010-0270
(Telephone: 515-239-5000).
2. Pursuant to section 354.11 of the Code of Iowa, I have examined the ab-
stract of title to the real property described in the attached subdivision plat to be known as
AIRPORT ROAD SUBDIVISION, AMES, STORY COUNTY, IOWA.
3. Based on such examination, I find that fee simple title to said real property
is vested in:
AIRPORT ROAD DEVELOPERS, L.C.
4. Based on such examination, I find that the following are holders of mort-
gages, liens, or other encumbrances on said real property being platted:
(a) The real estate was mortgaged by Airport Road Developers, L.C., to First
National Bank, Ames, Iowa, to secure an original indebtedness of
$1,540,000.00. The mortgage is dated November 30, 1998, and was filed
in the office of the Recorder of Story County, Iowa, on December 16,
1998, and recorded as Instrument No. 98-17471.
(b) Rights for direct access from the real estate to U.S. Highway 69 have been
relinquished to the State of Iowa by virtue of a Quit Claim Deed filed in
the office of the Recorder of Story County, Iowa, on June 26, 1963, and
recorded in Book 122 at Page 169.
(c) A perpetual easement has been reserved to the Cih, of Ames, Iowa, over
the real estate for the "right of flight for the passage of aircraft in the air
space above the surface of the (real estate)" and is more fully described in
that special warranty deed filed in the office of the Recorder of Story
County, Iowa, on November 2, 1964, and recorded in Book 126 at Page
469.
(d) Restrictive covenants in favor of the City of Ames, Iowa, have been im-
posed upon the real estate which state that "no activity shall be conducted
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99 - 00730 Cg)
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or permitted on the real estate which would interfere with the landing or
taking off of aircraft at the Ames Municipal Airport" and are more fully
described in that special warranty deed filed in the office of the Recorder
of Story County, Iowa, on November 2, 1964, and recorded in Book 126 at
Page 469.
(e) A perpetual easement has been granted for telephone utility purposes to
Northwestern Bell Telephone Company over the East 10 feet of the real
estate by virtue of an easement filed in the office of the Recorder of Story
County, Iowa, on August 16, 1984, and recorded in Book 208 at Page 339.
(f) Use restrictions in favor of Bourns, Inc., and its successors and assigns,
have been imposed upon the real estate and are more fully described in the
Special Warranty Deed filed in the office of the Recorder of Story County,
Iowa, on June 20, 1997, and recorded as Instrument No. 97-06207.
(g) Rights and obligations have been created under an access easement
agreement between Horne-Ames, LLC, and Ford Street Development
Company, L.C., and Professional Development Group, L.C., and are
more fully described in that document filed in the office of the Recorder of
Story County, Iowa, on June 20, 1997, and recorded as Instrument No. 97-
06208; and as amended by Instrument No. 97-13668.
(h) Rights and obligations have been created under an access easement
agreement between Horne-Ames, LLC, and Ford Street Development
Company, L.C., and Professional Development Group, L.C., and are
more fully described in that document filed in the office of the Recorder of
Story County, Iowa, on June 20, 1997, and recorded as Instrument No. 97-
06209.
(i) Rights and obligations under certain "Restrictive and Affirmative Cove-
nants" have been created between Bourns, Inc., and Ford Street Devel-
opment Company, L.C., and Professional Development Group, L.C.,
and are more fully described in that document filed in the office of the Re-
corder of Story County, Iowa, on June 20, 1997, and recorded as Instru-
ment No. 97-06217.
(j) Rights have been granted under a "Special Access Connection" issued by
the Iowa Department of Transportation to Ford Street Development
Company, L.C., and are more fully described in that document filed in
the office of the Recorder of Story County, Iowa, on December 5, 1997,
and recorded as Instrument No. 97-13178.
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Dated January 18, 1999.
DAVID W. BENSON, Attorney
STATE OF IOWA, COUNTY OF STORY, SS:
On January 18, 1999, before me, the undersigned, a Notary Public in and for said
State, personally appeared DAVID W. BENSON to me known to be the PERSON
named in and who executed the foregoing instrument, and acknowledged that the person
executed the same as the person's voluntary act and deed.
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