HomeMy WebLinkAboutA012 - Attorney's Opinion dated October 6, 1992 ATTORNEY'S OPINION
I, Frank B. Johnston, hereby state that I am an Attorney at
Law, duly admitted to the practice of law in the State of Iowa,
and a member of the firm of Newbrough, Johnston, Brewer, Maddux &
Nadler, with offices at 612 Kellogg Avenue, Ames, Story County,
Iowa. I further state that I have examined the Abstract of Title
to the following-described real estate, to-wit:
A Replat of Lot Two (2) of Third Addition, W.G.G.C.
Subdivision, Ames, Iowa, as recorded in the office of the
Recorder of Story County, Iowa, in Book 286, page 262 ,
and a part of Tract No. 2 of the Northeast Quarter of
the Northwest Quarter, as recorded in the office of the
Recorder of Story County, Iowa, in Book 196, page 203 ,
all in Section 7 , Township 83 North, Range 23 West of the
Fifth P.M. , Story County, Iowa, more particularly
described as follows:
That part of the Northwest Fractional Quarter of the
Northwest Quarter and the Northeast Quarter of the
Northwest Quarter of Section 7 , Township 83 North, Range
23 West of the Fifth P.M. , Iowa, described as:
Commencing at the Northwest Corner of Section 7 , Township
83 North, Range 23 West of the Fifth P.M. , now situated
within the City of Ames, Story County, Iowa; thence North
891 32 ' 41" East along the North line of said Section 7
a distance of 582 . 03 Feet; thence South 020 30 ' 32" East
61. 87 Feet to the South right-of-way line of East Lincoln
Way in the City of Ames, Iowa; thence North 850 49 ' 17"
East 21. 85 Feet along said right-of-way; thence South 890
38 ' 49" East 292 . 50 Feet along said right-of-way; thence
Easterly along said right-of-way 223 . 62 Feet on a 42 , 602
foot radius curve concave Northerly and tangent to the
previous course, said curve having a delta angle of 000
18 ' 03" ; thence South 010 34 ' 13" West 420. 55 Feet along
the East right-of-way line on Alexander Avenue in the
City of Ames, Iowa, to the Southwest Corner of Lot 1,
Third Addition of W.G.G. C. Subdivision, Ames, Iowa, and
the point of beginning; thence North 890 32 ' 25" East
343 . 61 Feet along the South line of said Lot 1; thence
North 00 53 ' 11" West 227 . 99 Feet along the West line of
said Lot 1 to the North line of said Lot 2 of Third
Addition of W.G.G.C. Subdivision, Ames, Iowa; thence
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North 890 00 ' 46" East 260. 72 Feet along said North line
to the West line of Bell Avenue in the City of Ames,
Iowa; thence South 070 02 ' 02" West 17 . 82 Feet along said
West line; thence South 820 57 ' 58" East 80. 00 Feet to
the East line of said Bell Avenue; thence North 890 24 '
25" East 799. 69 Feet to the West right-of-way line of
Interstate Highway No. 35; thence South 000 03 ' 28" East
1, 025. 50 Feet along said West right-of-way line of
Interstate Highway No. 35 to the South line of the
Northeast Quarter of the Northwest Quarter of said
Section 7 ; thence South 890 24 ' 32" West 877. 86 Feet
along said South line to the Southeast Corner of the
Northwest Fractional Quarter of the Northwest Quarter of
said Section 7 ; thence South 890 42 ' 04" West 1, 351. 20
Feet along the South line of said Northwest Fractional
Quarter of the Northwest Quarter of said Section 7 ;
thence North 070 40 ' 19" East 145. 63 Feet (recorded as
South 070 39 ' West 145. 5 Feet) ; thence North 260 30 ' 45"
East 84 . 29 Feet (recorded as South 260 57 ' West 89. 9
Feet) ; thence North 820 37 ' 47" East 119. 14 Feet
(recorded as South 83° 00 ' West 119 . 3 Feet) ; thence North
000 03 ' 47" East 622 . 74 Feet (recorded as South 00 18 '
West 623 . 1 Feet) ; thence South 890 58 ' 01" East (recorded
as South 890 45 ' East) 57 . 52 Feet to the Southwest Corner
of Lot 2 of First Addition of W.G.G.C. Subdivision, Ames,
Iowa; thence North 890 13 ' 48" East 437 . 97 Feet along the
South line of said Lot 2 to the West line of Alexander
Avenue; thence South 010 34 ' 13" West 36. 12 Feet along
said West line; thence South 880 25 ' 47" East 80. 00 Feet
along the South line of said Alexander Avenue to the
point of beginning, containing 45. 43 acres;
from the root of the title thereof, down to and including the
%.0 day of 1992 , last certified by Batman-
Sayers Abstract Company, Nevada, Iowa. The real estate has been
subdivided and is now known as AMES COMMUNITY INDUSTRIAL PARR
SUBDIVISION, AMES, IOWA.
Based upon information within said Abstract of Title, it is
my opinion that the fee simple title to that portion of said real
estate lying west of Bell Avenue is in Ford Street Development
Company, an Iowa General Partnership, and that title to that
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portion of the real estate lying east of Bell Avenue is in Erben
A. Hunziker and Dean E. Hunziker, and that said real estate is free
from encumbrances, excepting, however, Special Assessments No.
25192D and No. 25203D; the property is subject to easements of
record, zoning ordinances of the City of Ames, Iowa, and a
Development Agreement for The Ames Community Industrial Park Tax
Increment Finance District, dated June 1, 1992 , and filed in the
office of the Recorder of Story County, Iowa, on June 9, 1992 , in
Book 326, commencing at page 131.
Dated this day of 1992 .
NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER
612 Kellogg Avenue, P.O. Box 847
Ames, Iowa 50010
Telephone: 515-232-1761
By • C"K )ltkltr�
Frank B. Johnston, Attorney
Iowa Title Guaranty
Division Member #2612
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