HomeMy WebLinkAboutA005 - Attorney's Opinion dated April 26, 2000 Document Prepared By:
Fran]: B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761
ATTORNEY'S OPINION
FIRST ADDITION, COPPER COVE SUBDIVISION,
STORY COUNTY,IOWA
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& Sotak,L.L.P.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 Six(6)and all that part of Lot One(1)lying South of
Riverside Road,all in the Auditor's Plat of the Southeast Quarter(SE
1/4)of the Southwest Quarter(SW 1/4)of Section Twenty-three(23),
Township Eighty-four(84) North, Range Twenty-four(24) West of
the Fifth P.M.,Story County,Iowa,filed in the office of the Recorder
of Story County, Iowa, on December 22, 1875, in Plat Book 1, Page
580, more particularly described as follows:
Beginning at the Southeast (SE) Corner of Lot Six (6) in the
Auditor's Plat of the Southeast Quarter (SE 1/4) of the Southwest
Quarter (SW 1/4) of Section Twenty-three (23), Township Eighty-
four (84) North, Range Twenty-four (24) West of the Fifth P.M.,
Story County, Iowa, filed in the Office of the Recorder of Story
County, Iowa, on December 22, 1875, in Plat Book 1, Page 580;
thence North 00°28'58" East 268.30 Feet along the East line of the
said Southeast Quarter(SE 1/4) of the Southwest Quarter(SW 1/4)
of said Section Twenty-three (23); thence North 80°36'25" West
389.97 Feet along the South line of Riverside Road; thence
Northwesterly along a 2,148.48 Foot radius curve, concave to the
,a
00 - 042 1
2
Northeast,an arc distance of 506.14 Feet(the long chord bears North
73*51'29" West 504.98 Feet); thence South 00°05'48" West 145.26
Feet along the West line of Lot One(1),in said Auditor's Plat;thence
North 89°48'25" East 204.29 Feet along the South line of said Lot
One (1), to the Northwest (NW) Corner of said Lot Six (6); thence
South 00°17'23"West 330.01 Feet along the West line of said Lot Six
(6); thence North 89°48'25" East 665.18 Feet along the South line of
said Lot Six (6), to the Point of Beginning,
from the root of title thereof, down to and including'the day of April, 2000, last certified
by Batman-Sayers Abstract Company,Nevada,Iowa(Iowa Title Guaranty Division Member#8212).
Thc: real estate has been subdivided and will be known as FIRST ADDITION, COPPER COVE
SUBDIVISION, STORY COUNTY, IOWA. Based upon information within said Abstract of
Title, it is my opinion that the fee simple title to said real estate is in RICH LEPPER
CONSTRUCTION, INC., an Iowa corporation.
The real estate is free from encumbrances, excepting, however, it is subject to.a
certain mortgage executed to First National Bank,Ames,Iowa, dated August 17, 1998,and filed in
the office of the Recorder of Story County,Iowa,on August 17, 1998,as Instrument No. 98-11493.
The property is further subject to easements and restrictions of record and to,zoning
ordinances of Story County, Iowa.
Dated this LA? day of April, 2000.
e
00. - 042 77
3
NEWBROUGH,JOHNSTON, BREWER, MADDUX & SOTAK, L.L.P.
612 Kellogg Avenue, P.O. Box 847
Ames, Iowa 50010-0847
Telephone: 515-232-1761
Facsimile: 5 5-232-8962
B
Y•
Frank B. Johnston, Attor ey
Iowa Title Guaranty Division Member#2612
F IBJ/rll
00 - 04277