HomeMy WebLinkAboutA027 - Attorney's Opinion dated November 8, 1994 4 r
ATTORNEY'S OPINION
I, S. A. HOLM, 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 SINGER, PASLEY, HOLM, TIMMONS, MATHISON & CURTIS,
with offices at 323 Sixth Street, Ames, Story County, Iowa. I
further state that I have examined the abstract of title to the
following described real estate:
All of the Southwest Quarter of the Southwest Quarter
(SWk-SW4) of Section 8; EXCEPT that part deeded to the
State of Iowa by virtue of a Warranty Deed recorded in
Book 103 at Page 529 in the Office of the Recorder of
Story County, Iowa; AND all of the West-half of the
Northwest Quarter (Wk-NW;) of Section 17, lying northerly
of that part acquired by the State of Iowa for Highway
No. 30 by virtue of a Warranty Deed recorded in Book 103
at Page 476 in the Office of the Recorder of Story
County, Iowa; all in Township 83 North, Range 24 West of
the 5th P.M. , Story County, Iowa; more particularly
described as follows:
Beginning at the Northeast (NE) Corner of the Southwest
Quarter of the Southwest Quarter (SW,-SW,) of Section 8,
Township 83 North, Range 24 West of the 5th P.M. , in the
City of Ames, Story County, Iowa; thence S 00009131/1 W,
1,318.84 feet along the East line of the SW4-SWk of said
Section 8; thence S 00027145/1 E, 350.84 feet along the
East line of the Wj-NW4 of Section 17 (to a point 125
feet radially distant northeasterly from the centerline
of Relocated Primary Road No. U.S. 30) ; thence
northwesterly, concentric with said centerline and along
a 3, 695 foot radius curve, concave northeasterly, an arc
distance of 502. 69 feet (the long chord bears N 73015107/1
W, 502. 31 feet) (to a point 125 feet radially distant
northeasterly from the centerline at Station 1533+01.73) ;
thence N 68021001/1 W, 196.73 feet (to a point 125 feet
radially distant northeasterly from the centerline at
Station 1531+01.73) ; thence N 67051/ 16/1 W, 396.89 feet
(to a point on the north line of the W'k-NW; which is 125
feet normally distant northeasterly from the centerline
of Relocated Primary Road No. U.S. 30) ; thence N
67038135/1 W, 175.67 feet (to a point 130 feet normally
distant easterly from the centerline of Secondary Road R-
38 at Station 2067+95) ; thence N 0000612611 W, 305.00 feet
(to a point 130 feet normally distant easterly from said
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centerline at Station 2071+00) ; thence N 0301312311 W,
i 919.86 feet (to a point 80 feet normally distant easterly
from the centerline and on the southerly 33 foot right-of
way of Mortensen Road) ; thence N 0000612611 W, 33.01 feet
(to a point on the north line of the SWk-SW; which is 80
feet normally distant easterly from the centerline of
Secondary Road R-38) ; thence S 89003130" E, 1,247.27 feet
along the north line of the SW;-SW; to the Point of
Beginning;
from the date of the Roots of Title thereof, down to and including
the 8+k day of A1c'ye,'Zs''z , 1994, as last certified by
Cyclone Abstract & Title Co. , Ames, Iowa. The real estate has been
subdivided and is now known as COCHRANE'S SECOND ADDITION TO AMES,
IOWA.
Based upon the information within said abstract of title, it
is my opinion that the fee simple title to the North 590.5 feet of
the East 665.0 feet of the above described real estate is in
MORTENSON II, A LIMITED PARTNERSHIP and title to the balance
thereof is in EVERETT W. COCHRANE and MARJORIE L. COCHRANE, husband
and wife, and said real estate is free from encumbrances except for
the following:
A. Mortgage to FIRST NATIONAL BANK, AMES, IOWA, dated
September 25, 1989, and filed for record on September 26,
1989, in Book 375, Page 165, records of Story County,
Iowa;
B. Mortgage to FIRST NATIONAL BANK, AMES, IOWA, dated July
13, 1990, and filed for record on July 18, 1990, in Book
394, page 217, records of Story County, Iowa;
C. Mortgage to RELATED MORTGAGE CORPORATION, dated August
23, 1990, and filed for record on August 24, 1990, in
Book 397, Page 291, records of Story County, Iowa;
D. Financing Statement in favor of RELATED MORTGAGE
CORPORATION, dated and filed for record on August 24,
1990, in Book 397, Page 299, records of Story County,
Iowa;
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E. Assignment of Rents and Leases in favor of RELATED
MORTGAGE CORPORATION, dated August 23, 1990, and filed
for record on August 24, 1990, in Book 296, Page 100,
records of Story County, Iowa;
F. Mortgage to CAPITAL MORTGAGE PLUS L.P. , A LIMITED
PARTNERSHIP, dated August 23 , 1990, and filed for record
on August 24 , 1990, in Book 397, Page 302, records of
Story County, Iowa;
G. Financing Statement in favor of CAPITAL MORTGAGE PLUS
L.P. , A LIMITED PARTNERSHIP, dated and filed for record
on August 24, 1990, in Book 397, Page 309, records of
Story County, Iowa;
H. Mortgage to MID AMERICA SAVINGS BANK, dated December 10
1993 , and filed for record on January 18, 1994, in Book
583 , Page 6, records of Story County, Iowa; and
I. Mortgage to MID AMERICA SAVINGS BANK dated May 18, 1994,
and filed for record on May 19, 1994, as Instrument No.
94-05716 in the office of the Recorder of Story County,
Iowa.
The property is subject to easements and restrictions of
record and the general zoning ordinances of the City of Ames, Iowa.
Dated thist� day ofdEmD�ie , 1994.
SINGER, PASLEY, HOLM,
TIMMONS, MATHISON & CURTIS
l(, PW7"'
. A. HOLM
323 Sixth Street
P.O. Box 664
Ames, IA 50010
(515) 232-4732
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