HomeMy WebLinkAboutA007 - Attorney's Opinion ATTORNEY'S OPINION
I , Robert W. Goodwin, hereby state that I am an Attorney at
Law, duly admitted to the practice of law in the State of Iowa,
and am with the firm of Goodwin Law Office, P.C. , with offices at
311 Lincoln Way, Ames, Story County, Iowa. I further state that
I have examined the abstract of title to the following described
real estate:
That part of Lot 8 in the Southeast quarter of the
Northeast quarter of Section 10 , Township 83 North,
Range 24 West of the 5th P.M. , lying East of the
former right-of-way of the Chicago and Northwestern
Transportation Company; the West 10 acres of Lot 7
in the Southwest quarter of the Northwest quarter
of Section 11 , Township 83 North, Range 24 West of
the 5th P.M. ; that part of Lot 3 in the Southwest
quarter of the Northwest quarter of Section 11 ,
Township 83 North, Range 23 West of the 5th P.M.
lying South of S. 4th Street in the City of Ames;
that part of the East half of the Chicago and
Northwestern Railway Company right-of-way that
lies between the South line of said Lot 8 and the
South line of S. 4th Street in the City of Ames,
Iowa, all being more particularly described as
follows:
Commencing at the West quarter corner of said
Section 11 ; thence N0149 ' 42"W, 554 . 42 feet along
the West line of said Section 11 to the Southeast
corner of said Lot 8; thence S89133126"W, 389 . 13
feet along the South line of said Lot 8 to the
centerline of the former right-of-way of the
Chicago and Northwestern Transportation Company;
thence N13°50119"E, 752 .00 feet along said center-
line to the South line of South Fourth Street;
thence N89136 ' 48"E, 87. 67 feet along said South
line; thence Easterly, 167 . 78 feet, along a curve
having a radius of 931 . 49 feet, concave Northerly
through a central angle of 10°19 ' 12" and having a
chord which bears N84°20141"E for 167.55 feet;
thence Southeasterly, 199 . 10 feet along the
Southerly right-of-way of South Fourth Street,
along a curve having a radius of 599 . 36 feet,
concave Southerly through a central angle of
19101 ' 59" and having a chord which bears
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S76°22 ' 43"E for 198 . 19 feet; thence S66°31 ' 57"E,
14 .71 feet along said South line; thence South-
easterly, 265 . 47 feet along said Southerly line,
along a curve having a radius of 654. 68 feet,
concave Northerly through a central angle of
23°14 ' 00" and having a chord which bears
S78027112"E for 263 . 65 feet; thence N89°56 ' 42"E,
122 .46 feet along said South line; thence
SO°40 ' 43"E, 247. 00 feet along the East line of
said Lot 3 ; thence S3°42 ' 59"E, 283 . 00 feet to
the Southeast corner of said Lot 3; thence
SO°57 ' 22"E, 662 . 91 feet to the South line of
said Lot 7 and the South line of the Northwest
quarter of said Section 11; thence S89°53 ' 32"W,
656.35 feet to the point of beginning containing
23 . 37 acres , subject to existing easements of
record.
Said real estate is also shown on the Plat of Survey
filed for record on the 12 11 day of September ,
1991 , in Certificate and Field Notes Book 10
Pages 68-69 in the office of the Story County, Iowa
Recorder;
from the date of the Root of Title thereof, down to and including
the 20th day of September, 1991 , last certified by Cyclone
Abstract & Title Co. The real estate has been subdivided and is
now known as COOPER'S SECOND SUBDIVISION OF AMES , IOWA.
Based upon the information within said abstract of title, it
is my opinion that:
1 . Fee simple title to:
The above described real estate, except the portions of
that property described below in items 2 & 3
(Said real estate is to be known as Lots 1 , 2 , 3 , 6, 7,
8 , 9 & 10 , Cooper' s Second Subdivision of Ames, Iowa) ,
is in Evan Kent Cooper and Joan E. Cooper, husband and
wife.
2. Fee simple title to:
That part of Lot Three (3) in the NWJ , Section 11 ,
T83N, R24W in the City of Ames, Iowa, more particularly
described as follows :
Oq gp 165
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Commencing at the NW Corner of Outlot 5 in the SWj ,
NWJ , Section 11 , T83N, R24W of the 5th P.M. , Iowa, on
the South line of South Fourth Street, said NW Corner,
Outlot 5 located 640 . 8 feet East and 137.5 feet South
of the NW Corner, SWJ NWJ of said Section 11; thence S
00261W, 247 .0 feet; thence S 2°451E, 283 . 0 feet; thence
N 89°18130" W, 363 . 55 feet; thence N 2°45 'W, 160.55
feet; thence northeasterly 169. 65 feet along a 108 . 0
feet radius curve concave northwesterly with a central
angle of 90000 ' ; thence N 140561E, 248. 3 feet; thence N
60561E, 52. 6 feet; thence easterly 34. 64 feet along a
654 . 7 feet radius curve concave northerly with a
central angle of 30021 ; thence S 880591E, 122.46 feet
to the point of beginning, containing 3. 05 acres;
Except that part of Lot Three (3) in the Northwest
Quarter (NWJ) of Section 11 , Township 83 North, Range
24 West of the 5th P.M. , City of Ames, Story County,
Iowa, more particularly described as follows:
Commencing at the Northwest Corner of Outlot 5; thence
South 0026 ' West 180 feet; thence North 88059 ' West
196 .2 feet; thence North 14056 ' East 132 .5 feet; thence
North 6056 ' East 52. 6 feet to the South line of South
Fourth Street, thence Easterly 34 . 64 feet along a 654 .7
foot radius curve concave Northerly with a central
angle of 3°2 ' ; thence South 88*59 ' East 122 .46 feet to
the point of beginning. Also, the East 2. 70 acres of
the West 10 .0 acres of Lot 7 in NWJ , Section 11 ,
Township 83 North, Range 24 West of the 5th P.M. , Iowa.
(Said real estate is to be known as Lots 5, 11 & 12,
Cooper' s Second Subdivision of Ames, Iowa) ,
is in G. Kevin Cooper and Wendie S. Cooper, husband and
wife.
3 . Fee simple title to:
That part of Lot Three (3) in the Northwest
Quarter (NWJ) of Section 11 , Township 83 North, Range
24 West of the 5th P.M. , City of Ames, Story County,
Iowa, more particularly described as follows:
Commencing at the Northwest Corner of Outlot 5; thence
South 0'26 ' West 180 feet; thence North 88059 ' West
196 . 2 feet; thence North 14056 ' East 132 . 5 feet; thence
North 6156 ' East 52 . 6 feet to the South line of South
Fourth Street, thence Easterly 34 . 64 feet along a 654 .7
foot radius curve concave Northerly with a central
angle of 3021 ; thence South 88059 ' East 122 . 46 feet to
the point of beginning.
(Said real estate is to be known as Lot 4 , Cooper' s
Second Subdivision of Ames , Iowa)
ago /off
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is in Bob Erickson, Incorporated (now known as The
Erickson Corporation) .
4 . The respective portions of said real estate are subject
to the following mortgages:
(a) Lot 1 and the approximately west 136 . 77 feet of Lot
6 are subject to a mortgage dated May 16 , 1977 to
Ames Building and Loan Association filed in the
Office of the Story County Recorder in Book 132
Page 386 .
(b) Lot 2 is subject to a mortgage dated May 10 , 1978
to Ames Savings and Loan Association filed in the
Office of the Story County Recorder in Book 139
Page 724 .
(c) Lot 2 is subject to a second mortgage dated October
12 , 1979 to Bob Erickson, Incorporated filed in the
Office of the Story County Recorder in Book 170
Page 300 .
(d) Lot 4 is subject to a mortgage dated June 9, 1980
to Preferred Risk Life Insurance Company filed in
the Office of the Story County Recorder in Book 177
Page 160 .
(e) Portions of Lots 3, 6 , 9 & 10 are subject to a
mortgage dated March 23 , 1984 to University Bank &
Trust filed in the Office of the Story County
Treasurer in Book 235 Page 85 .
(f) Lot 1 and the approximately west 136 . 77 feet of Lot
6 are subject to a mortgage dated November 29 , 1989
to Ames Savings and Loan Association filed in the
Office of the Story County Recorder in Book 380
Page 12.
(g) Lot 2 and the approximately west 136 . 77 feet of Lot
6 are subject to a mortgage dated November 29 , 1989
to Ames Savings and Loan Association filed in the
Office of the Story County Recorder in Book 380
Page 17.
5. Said real estate is subject to easements and
restrictions of record and to the general zoning
ordinances of the City of Ames, Iowa.
BOOK AFO---PA /D7
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DATED this 24th day of September, 1991 .
GOODWIN LAW OFFICE, P. C.
1�q
ROB RT W. GOODWIN
311 Lincoln Way
Ames, Iowa 50010
(515) 232-7390