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HomeMy WebLinkAboutA001 - Title Opinion dated May 22, 2000 LAW OFFICE HOGAN & FISHER, P.L.C. 3101 INGERSOLL AVENUE DES MOINES, IOWA 50312 (515) 279-9059 FAX (515) 277-5836 TIMOTHY C. HOGAN, P.C. THOMAS G. FISHER JR, May 22 , 2000 City of Ames 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010-5256 RE: Bloomington Heights Plat 9 Dear Gentlepersons: Pursuant to Iowa Code § 354 . 11 (3) (1999) , we have examined the abstract of title showing record title from the government entry and the root of title to and including May 1, 2000, at 2 : 49 P.M. , last certified by Batman-Sayers Abstract Company to the real estate located in Story County, Iowa described as follows (the "Real Estate") : Outlot X of Bloomington Heights Plat 8, an Official Plat, City of Ames, Iowa. As of the date of the last continuation of the abstract, we certify that record title is vested in AMES LAND COMPANY, L.L.C. subject to the following: 1. Pursuant to Iowa Code § 354 . 11 (3) (1999) , we certify that there are no mortgages, liens, or other encumbrances on the Real Estate hereinabove described, except as follows: a. Mortgage. A mortgage in favor of First National Bank, Ames, Iowa in the original amount of $1, 700, 000 dated April 27, 2000 and recorded May 1, 2000 as Instrument No. 00-04519 appears at Entry No. 100 of the Abstract. 2 . Real Estate Taxes. All real estate taxes are shown as paid. This Real Estate is assessed as 0-#36470, 0-#19913 , 0- #19914 , 0-#19916, 0-#10714 (P-#05-28-200-420) . Insofar as this opinion is prepared pursuant to Iowa Code § 345 . 11 (3) (1999) , certain items such as utility easements have been omitted from this opinion. This opinion is given strictly for platting purposes, and no opinion is expressed herein with respect to utility easements or similar matters that affect the property under examination herein. 00 - 0 8 0 90 �'� City of Ames May 22 , 2000 Page -2- In issuing this opinion, I pass only on the title as shown in the above-described description. I can give no report on (a) location of all public utility lines that service the property and the necessary easements therefore; (b) easements existing by virtue of usage, as the same does not appear on the abstract; (c) location of boundary lines; (d) stolen or forged documents; (e) rights of undisclosed spouses; and (f) rights of parties in possession. You should ascertain also that no improvements either in the form of labor or materials, which have been placed on the premises in the last ninety days, still remain unpaid, as they would constitute liens without being shown of record. You should determine whether any solid wastes, hazardous substances, pollutants, above or below ground storage tanks, drainage wells, water wells, landfill sites or other environmentally regulated conditions exist on the property. Such conditions are not ordinarily shown in the abstract, but they may result in injunctions, fines, required cleanup, or other remedial actions under federal, state or local laws. These laws may impose liens against the property and personal liability against the owner, even though the owner did nothing to create the conditions, and acquired the property without knowing about it. No report is made by the abstracter of special assessments not yet shown on the tax books of Story County, Iowa; and therefore, no examination is made as to these. Special assessments against any property within a municipality should be determined by checking with the City Clerk of said municipality. This opinion is rendered solely for the benefit of the addressee or addressees named herein. No other persons shall be entitled to rely upon the contents of this opinion or the conclusions expressed herein without the prior written consent of the undersigned examining attorney. Sincerely, i omas G. Fisher, Jr. TGF:rr 00 - 08090 (9)