HomeMy WebLinkAboutA012 - Title Opinion Document Prepared By:
Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761
ATTORNEY'S OPINION
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 & Nadler, 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:
An irregularly shaped portion of the South Half (S 1/2) of the Southwest
Fractional Quarter (SW Frl. 1/4) of Section Seven (7), Township Eighty-
three (83) North, Range Twenty-three (23) West of the 5th P.M., Ames, Story
County, Iowa, lying West of the Westerly right-of-way line of Iowa Interstate
Highway No. 35, East of the Easterly right-of-way line of Dayton Avenue in
the City of Ames, Iowa, and South and East of First Addition, Dayton Park
Subdivision, Ames, Iowa, more accurately described as follows: Commencing
at the Southwest Corner (SW Cor.) of the Southwest Fractional Quarter (SW
Frl. 1/4) of Section Seven (7), Township Eighty-three (83) North, Range
Twenty-three (23) West of the 5th P.M., Ames, Story County, Iowa, thence
North 89°17'53"East along the South line of the Southwest Fractional Quarter
(SW Frl. 1/4) of said Section Seven (7) a distance of 80.01 Feet to the East
right-of-way line of Dayton Avenue as it is presently established and to the
point of beginning, thence North 00°04'24" East along the Easterly right-of-
way line of said Dayton Avenue a distance of 280.00 Feet to the Southwest
Corner (SW Cor.) of First Addition, Dayton Park Subdivision, Ames, Iowa,
thence North 89°17'50" East along the South line of said First Addition,
Dayton Park Subdivision, Ames, Iowa, a distance of 500.00 Feet to the
Southeast Corner (SE Cor.) of said First Addition, Dayton Park Subdivision,
thence North 00"04'24"East along the East line of said First Addition, Dayton
Park Subdivision, a distance of 1,033.90 Feet to the Northeast Corner (NE
Cor.) of said First Addition, Dayton Park Subdivision, and to the North line
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of the South Half (S 1/2) of the Southwest Fractional Quarter (SW Frl. 1/4)
of said Section Seven (7), thence North 89°22'04"East along the North line
of the South Half (S 1/2) of the Southwest Fractional Quarter (SW Frl. 1/4)
of said Section Seven (7), a distance of 1,995.41 Feet to the Westerly right-
of-way line of Iowa Interstate Highway No. 35 (I-35) as it is presently
established, thence South 04°42'38"West along the Westerly right-of-way line
of said I-35 a distance of 161.84 Feet, thence South 16°47'28"West along the
Westerly right-of-way line of said I-35, a distance of 652.27 Feet, thence South
38°45'56"West along the Westerly right-of-way line of said I-35 a distance of
240.01 Feet, thence South 45°08'38"West along the Westerly right-of-way line
of said I-35 a distance of 397.12 Feet, thence South 45°09'00"West along the
Westerly right-of-way line of said I-35, a distance of 100.63 Feet to the South
line of the Southwest Fractional Quarter (SW Frl. 1/4) of said Section Seven
(7), thence South 89°17'53" West along the South line of the Southwest
Fractional Quarter (SW Frl. 1/4) of said Section Seven (7) a distance of
1,788.60 Feet to the point of beginning, said tract of land contains 56.479
acres, more or less,
from the root of title thereof, down to and including the CD day of
1997, last certified by Abstract and Title Services of Story County,
Ames, Iowa (Iowa Title Guaranty Division Member #8650). The real estate has been
subdivided and is now known as SECOND ADDITION, DAYTON PARK SUBDIVISION,
AMES, IOWA.
Based upon information within said Abstract of Title, it is my opinion that the fee
simple title to said real estate is in DAYTON PARK, L.L.C., an Iowa Limited Liability
Company.
The real estate is free from encumbrances, excepting, however, those Special
Assessments hereinafter identified.
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The property is further subject to easements of record and to zoning ordinances of
the City of Ames, Iowa.
Outlot "Y" of the subdivision is subject to a future street to be known as Bell
Avenue located across said Outlot "Y." The street will be required to be extended from the
end of South 16th Street in the City of Ames, Iowa, to the north line of Outlot "Y" and a
minimum right-of-way of eighty (80) feet through the said Outlot "Y" will be required for
such future extension of Bell Avenue. The right-of-way for such future extension of Bell
Avenue shall be dedicated to the City of Ames, Iowa, at no cost to the City at such time
as Outlot "Y" is replatted.
The real estate is subject to the following special assessments for Southeast 16th
Street Paving Resolution No. 96-292 and the Southeast 16th Street Sanitary Sewer
Resolution No. 96-057: Certificate No. 25636, Certificate No. 25637, Certificate No. 25638,
Certificate No. 25639, and Certificate No. 25625.
Dated this 1� day of a�6b C , 1997.
NEWBROUGH, JOHNSTON, BREWER, MADDUX & KRAUTH, L.L.P.
612 Kellogg Avenue, P.O. Box 847
Ames, Iowa 50010-0847
Telephone: 515-232-176
By:
Frank B. Johnston, Attorney
Iowa Title Guaranty
Division Member #2612
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