HomeMy WebLinkAboutA009 - Letter to Mr. Kerr and Ms. McDonald dated March 4, 1999 regarding Abstracts of Title a — a
.T
MARKS, MASKS AND MARKS
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
JOSEPH Z. MARKS (1915-1985) SUITE 9, OMEGA PLACE TELEPHONE
JOSEPH L. MARKS, P.C. 8515 DOUGLAS AVENUE AREA CODE 51S
TED E. MARKS, P.G. 276-7211
UHBANDAT , IOWA 50322 FAX (51S) 276-6280
March 4, 1999
Mr. Larry W. Kerr
Ms . M. Joan McDonald
5020 Ontario Street
Ames, IA 50014
Dear Mr. Kerr & Ms . McDonald:
At your request, I have examined two Abstracts of Title which
together cover the real estate legally described as follows:
Part of the Northeast Fractional Quarter of Section 6,
Township 83 North, Range 24 West of the 5th P.M. , City
of Ames, Story County, Iowa, more particularly
described as follows :
Beginning at the North Quarter corner of said Section
6; thence S00055 ' 2511W, 1610 . 34 feet along the west line
of the Northeast Fractional Quarter to the Center of
said Section 6; thence N89020 ' 06"E, 547 . 81 feet along
the south line of the Northeast Fractional..Quarter of
said Section 76 to the west line of Spring Valley
Subdivision, City of Ames, Story County, Iowa; thence
N00040 ' 53"E. 1611 . 61 feet to the north line of the
Northeast Fractional Quarter of said Section 6; thence
S89010 ' 53"W, 35 . 00 feet along said north line; thence
S00040 ' 3.8" W.,--.2.70 . 03 feet; -thence S89010 ' 53"W, 190 . 01
feet; thence N00041 ' 24"E, 230 . 02 feet; thence
N89010 ' 53"E. , 189 . 96 feet; thence N00040 ' 38"E, 40 . 01
feet to the north line of the S89010 ' 53"W, 506 . 04 feet
to the point of beginning, containing 19 . 12 acres,
which includes 0 .50 acres of existing public road right
of way.
Abstract of Title No. 79630 was prepared by Batman-Sayers
Abstract Company. Said Abstract of Title was prepared under the
40-year Marketable Title Act ( Iowa Code Sections 614.29-.38) to
the real estate legally described as follows :
99- 061 03 (la
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 2
A part of the Northeast Quarter of Section 6, Township
83 North, Range 24 West of the 5th P.M. , Ames, Story
County, Iowa, described as follows :
Beginning at the NW Corner of said NE 1/4; thence S
1044 ' 05" W along the West line of said NE 1/4 South
.728 . 36 feet; thence S 58051 ' 39" E 429 .21 feet; thence
East 136 feet; thence N 1029 ' 40 E 950 .3 feet; thence
West along the North line of said NE 1/4 506.. 1 feet to
the point of beginning (containing 10 . 13 acres) ,
subject to easements, except the East 190 feet of the
South 230 of the North 270 feet thereof.
Said Abstract commences at the Original Entry and continues to
February 25, 1999, at 8 : 00 o ' clock, a.m. At said date and time
and based solely upon -my examination of the Abstract, title to
the above premises is held by:
Larry W. Kerr and M. Joan McDonald as joint tenants with
full rights of survivorship and not as tenants in common,
subject only to the following mortgages, liens or other
encumbrances :
1 . A mortgage dated July 24, 1997, from Mildred Joan
McDonald, unmarried, and Larry W. Kerr, unmarried, to Boone Bank
& Trust Co. in the sum of $350, 000 . 00 . Said mortgage is recorded
in the Story County Recorder' s .Office on July 24, 1997, as
Instrument No. 97-07791 .
2 . . A mortgage dated February 1, -1999, from M. Joan
McDonald, .unmarried, and Larry W. Kerr, unmarried, to Boone Bank
& Trust Co. , in the sum of $75, 000 . 00 . Said mortgage is recorded
in the Story County Recorder ' s Office on February 3, 1999, as
Instrument No. 9901569 .
3 . On June 30, 1976, Robert Wershay and Mary Ann Wershay,
husband and wife, and Allen G. Lang and Joyce R. Lang, husband
and wife, by Quit Claim Deed conveyed to Arthur E. Cott and
Martha E. Cott, husband and wife, as joint tenants with full
rights of survivorship and riot as tenants in common, the
following described real estate retaining an easement for roadway
purposes across the northerly side and subject to an easement for
ingress and egress, 20 feet in width:
99 - 0 03, (I3
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 3
A part of the Northeast Quarter (NEk) of Section 6,
.Township 83 North, Range 24 West of the 5th P.M. , in
the City of Ames, Story County, Iowa, described as
follows : Beginning at the Northwest corner of said
Northeast Quarter (NEk) ; thence South 1044 ' 05" West
along the West line of said Northeast Quarter (NEh)
728. 36 feet; ..thence .South 58051 ' 39" .East 429 .21 feet;
thence East 136. 0 ,feet;. .thence .North 1029 ' 40 East 950.3
feet; thence West along°the North line of -said
Northeast Quarter (NEh) 506 . 1 feet to .the. point .of
beginning (containing 10 . 1.3 acres) and subject to an
easement . for roadway purpose across. the Northerly side,
and subject to an easement for ingress and -egress, 20
feet in width with the centerline thereof (which is
located approximately on the centerline of an existing
asphalt drive) described as follows: Beginning,:.at :a
point on the North line of said Northeast`.-Quarter .(.NE34,
which is 181 .4- feet east -of the Northwest: conner :of
said Northeast Quarter (NEk) ; thence South,,:46J41=`:'4 .East
15 . 0 feet to the point, of beginning of a 2805feetsl
radius curve concave to the East (Central'-Angle, _'1
25000 ' ); thence Southeasterly along said curve1122417
feet to a P.C.C. (Point of Change of Curvature,).,tthence
Southerly along a 120 feet radius curve-, concave to the
West (C.A. = 29041 ' 10" ) , 62 .52 feet to a P;:C C ;C= Ehence
Southerly on a 280 feet radius curve concav6r L—thdr.
East (C.A. = 15050 ' 45" ) , 77 .44 feet to a P`.C:C': _'thence
Southerly on a 280 feet radius curve, concave 'tb the'
West (C.A. = 28001 ' 15" ) , 136 . 94 feet._ to a P-.'C.C`- ;
thence Southerly on a 240 feet radius curve concave -to
the .East (C.A. = 17030 ' 30" ) , 73 . 34 feet to a;- point of
tangency;, .thence South- 4°20 ' East 2 61 :0 feet:L ti`-the' )-
point of beginning of a 200 feet radius curve '--coiicave
to the East (C.A. = 23040 ' ) ; thence Southerly along _
said curve 82 . 61 feet to a P.C.C. ; thence- Southeasterly
on a 320 feet radius curve concave to the, Northeast,
(C.A. = 34058 ' 30" ) , 195 . 34 feet intersecting"the< South
line of said 10 . 13 acre tract 64 . 8 feet West =-of' the �
Southeasterly corner thereof. F
4 . There is a Partition Fence Maintenance Agreement dated
November 18, 1980, and December 15, 1980, between 'Arthur -E'. Cott
and Martha E. Cott, husband and wife, and Theodore, B=. -Sands,
single, recorded in the office of the Story County Recorder on
December 17, 1980, in Book 170 at Page 169 . Said''Agreement
99- 061 03 (14)
Mr. Larry W. Kerr
Ms. M. Joan McDonald
March 4, 1999
Page 4
establishes the boundary line between the properties party
adjoining landowners and to establish the maintenance
responsibilities of the party adjoining landowners of the
partition fence on that boundary. Under the Agreement, the North
half of the partition fence will be maintained by the East
adjoining landowners with the exception of any flood gates where
Clear Creek crosses the boundary line. The South half of the
partition fence shall be maintained by the West adjoining
landowners, with the exception of any flood gates where Clear-
Creek crosses the boundary line. Any flood gates where Clear
Creek crosses the boundary line shall be-.maintained jointly by
all the East adjoining landowners and West adjoining landowners
to the partition fence on the boundary line.
5 . This property is subject to the zoning ordinances of the
City of Ames, Iowa.
6 . All real estate taxes for the fiscal year 1996-97 and
prior years . are paid in full. The second installment of the real
estate taxes for the fiscal year 1997-98 are due but not
delinquent. No special assessments against the property are
shown. The abstractor does not certify as to special assessments
and drainage taxes which have not been certified for collection
to the County Treasurer.
Abstract of Title No. 29560A which was prepared by Batman-Sayers
Abstract Company. Said Abstract of Title commences at the
Original Entry and Patent and continues to February 25, 1999, at
8 : 00 a.m. covering the real estate legally described as follows :
A part of the Northeast Quarter (NE1/4) of Section Six
( 6) , Township -Eighty-three (83) North., Range Twenty-
four (24) West of the 5th P.M. , in the City of Ames,
Story County, Iowa, described as follows: Beginning at
a point on the West line of said Northeast Quarter (NE
1/4) which is Seven Hundred Twenty-eight and Thirty-six
Hundredths (728 . 36) Feet Southerly of the Northwest
(NW) Corner of said Northeast Quarter (NE 1/4) ; thence
S 1044 ' 05" West along said West Line Eight
Hundred Eighty-one and Eighty-nine Hundredths
(881 .89 ) Feet; thence South 89050 ' 05" East,
along the south line of said Northeast Quarter
(NE1/4) Five Hundred Forty-seven and Eighty-
five Hundredths (547 . 85) Feet; thence North
1029 ' 40" East One Thousand six Hundred Eleven
0 9® 0 61 03 (15)
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 5
and Six Tenths ( 1, 611 . 6) Feet to the North line
of said Northeast Quarter (NE1/4) ; thence West
Thirty-five (35) Feet; thence South 1029 ' 40"
West Nine Hundred Fifty and Three Tenths
(950 . 3). Feet; thence West One Hundred Thirty-
six ( 136) Feet; thence North 58051 ' 39" West
Four Hundred Twenty-nine and Twenty-one
Hundredth (429 . 21)Feet to the point of
beginning, (containing Ten (10) Acres) , from
July 6, 1976 at 11 : 00 a.m.
As of said date and time and ,based solely upon my- examination of
the Abstract, title to the above premises is held by:
Joyce Rae Lang
subject only to the following mortgages, liens-.. or,-:other
encumbrances :
1 . A mortgage dated October 13, 1998, from �Allen G. Lang
and Joyce R. Lang, husband and wife, to Brenton Bank in the sum
of $150,000 . 00 . Said mortgage was recorded in the Story County
Recorder' s Office on October 22, 1998, as Instrument No. 98-
14627 .
2 . On June 30, 1976, Robert Wershay and Mary Ann Wershay,
husband and wife, and Allen G. Lang and Joyce R: 'Lang; husband
and wife, by Quit Claim Deed conveyed to Arthur- E.- ::Cott and
Martha E. Cott, husband and wife, as joint tenants with full
rights of survivorship and not as tenants in common; the
following described real estate retaining an easement= for roadway
purposes across the northerly side and subject _ to- an°...easement for
ingress and egress, 20 feet in width:
A part of the Northeast Quarter (NEk) of Section- 6
Township 83 North, Range 24 West of the 5th ".P.M. ; =:in
the City of Ames, Story County, Iowa, described' as - ` ,_
follows : Beginning at the Northwest corner of said
Northeast Quarter (NEk) ; thence South 1044 ' 05" West
along the West line of said Northeast Quarter (NE-14-)
728 . 36 feet; thence South 58051 ' 39" East 429 .21 feet;
thence East 136 . 0 feet; thence North 1029 ' 40 East= 950 .3
feet; 'thence West along the North line of said
Northeast Quarter (NEk) 506. 1 feet to the point of
beginning (containing 10 . 13 acres) and subject to an
9 9® 0 6. 1 03 C��
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 6
easement for roadway purpose across the Northerly side,
and subject to an easement for, ingress and egress, 20
feet in width with the centerline thereof (which' is
located approximately on the centerline of an existing
asphalt drive) described as follows : Beginning at a
point on the North line of said Northeast Quarter (NE4
which is 18i .4 feet east of the Northwest corner of
said Northeast Quarter (NE4) ; thence South 4041` ' East
15 . 0 feet to the point of beginning of a 280 feet
radius curve concave to the East (Central Angle =
25000 ' ) ; thence Southeasterly along .said curve 122 . 17
feet to a P.C.C. (Point of Change of Curvature) ; thence
Southerly along a 120 feet radius curve, concave to the
West (C.A. = 29041 ' 10" ) , 62 .52 feet to a P.C.C. ; thence
Southerly on a 280 feet radius curve concave to the
East (C-:A. = 15050 ' 45" ) , 77 .44 feet to a P.C.C. ; thence
Southerly on a 280 feet radius curve, concave to the
West (C.A. = 28001 ' 15" ) , 136 . 94 feet to a P.C.C. ;
thence Southerly on a 240 feet radius curve concave to
the East (C.A. = 17030 ' 30" ) , 73 . 34 feet to a point of
tangency; thence South 4020 ' East 261 . 0 feet to the
point of beginning of a 200 feet radius curve, concave
to the East -(C.A. = 23040 ' ) ; thence Southerly along
said curve 82 . 61 feet to a P.C.C. ; thence Southeasterly
on a 320 feet radius curve concave to the Northeast,
(C.A. = 34058 ' 30" ) , 195 .34 feet intersecting the South
line .-of said 10 . 13 acre tract 64 . 8 feet West of the
Southeasterly corner thereof.
3 . A right-of-way permit and easement dated August 28,
1979, from Allen G. Lang and Joyce R. Lang to the City of Ames,
Iowa, successors and assigns, for: perpetual .right to enter upon
the land herein described for the purposes of this easement and
the perpetual right to construct, reconstruct, clean up, operate,
maintain, use, cover over and repair a sanitary sewer over and
upon under and across a strip of land situated in Story County,
Iowa, described as follows :
A permanent easement twenty feet (20 ' ) in width
(containing 0 . 06 acres) and a temporary construction
easement thirty feet (30 ' ) in width (containing 0. 09
acres) centered upon a line described as follows :
Beginning at a point 541 . 1 feet East and 1,053 . 09 feet
South of the North Quarter (Nl/4) Corner of Section 6,
Township- 83 North, Range 24 West of the 5th P.M. , Story
9 9- .o 61 03 (1-7)
4
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 7
County, Iowa, and running thence North 17013 ' 10" West
47 . 16 feet; thence North 53033 ' 10" West 93 .4 feet to
the point of termination.
4 . A right-of-way permit and easement dated August 3, 1979,
and recorded in the office of the Story County Recorder on August
30, 1979 , from Erben, A. Hunziker and Margaret H. .Hunziker and
Donald M. Furman and Ruth W. Furman and R. Friedrich & Sons,
Inc. , Robert. K. Friedrich, President, by Reinhard -K.-Friedrich,
Secretary, and Buck. Construction, Inc. by Robert .O. -Buck,
President, by Anne K. Buck, Secretary, to. Allen.,G.: Lang and Joyce
R. Lang, granting to Allen G. Lang and Joyce R." Lang their
successors and assigns, the perpetual right to -enter upon the
land described below for the purposes of this easement and the
perpetual right to construct, reconstruct, clean up, operate,
maintain, use, cover over and repair a sanitary sewer extending
westly from the Clear Creek sanitary sewer trunk: line.over, upon
and under and across a 30-foot wide strip of land situated in
Story County, Iowa, described as follows :
Fifteen. (15) feet on each side of the following-.
described centerline:
Commencing at the NW corner of the NE-1/4 of Section 6,
Township 83 North, Range 24 West of the 5th P.M. , in
the City of Ames, Story County, Iowa; thence North
89058 ' 05" East, along the North line of the -NE 1/4 -of
said Section 6, 541 . 0 feet; thence South 01028 ' 00 ="West-,
along the West line of the East 30. 37 acres- of 'Lot . 2 in
the W-1/2 NE-1/41 1527 . 85 feet to the Point of
Beginning; thence South 88032 ' 00" East 31 . 0 "feet to .the
centerline of the existing sanitary sewer. (As shown
on survey plat #799227 prepared by Ames Engineering -&
Testing. Company attached hereto) .
5 . All real estate taxes for the fiscal year 1996-97 and
prior years are paid in full. The second installment of the real
estate taxes for the fiscal year 1997-98 are due but not .
delinquent. No special assessments against the property are
shown. The abstractor does not certify as to special assessments
and drainage taxes which have not been certified for collection
to the County Treasurer.
99 � 061 p3 Oq)
Mr. Larry W. Kerr
Ms . M. Joan McDonald
March 4, 1999
Page 8
6 . This property is subject to the zoning ordinances of the
City of Ames, Iowa.
Sincerely yours,
h arks
Af
99® 0 6 1 03 �l�