HomeMy WebLinkAboutA007 - Attorney's Opinion dated March 31, 1989 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:
Commencing at the South Quarter Corner of
Section Two ( 2 ) , Township Eighty-three ( 83)
North, Range Twenty-four ( 24) West of the 5th
P.M. , in the City of Ames , Story County, Iowa;
thence North 0'05' West 321 . 55 Feet along the
East line of the Southwest Quarter ( SW 1/4 ) of
said Section Two ( 2 ) and the centerline of Duff
Avenue in the City of Ames, Iowa; thence North
88°47 ' 07" West 33 . 01 Feet to the Westerly
right-of-way of said Duff Avenue and the point
of beginning, said point also being the
Northeast Corner of Lot One ( 1 ) in Block One ( 1 )
in Ames Grain & Coal Company' s Addition to Ames,
Iowa; thence North 0°05 ' West 192 . 0 Feet along
said Westerly right-of-way of said Duff Avenue;
thence South 83°30 ' 40" West 7 . 27 Feet along said
right-of-way; thence North 0°05 ' West 85 . 63 Feet
along said right-of-way to a point that is 50 . 0
Feet Southerly, measured at a right angle, from
the centerline of the Chicago and North Western
Transportation Company South Track; thence South
76°43 ' 23" West 308 . 14 Feet along a line that is
parallel with and 50 . 0 Feet distant, measured at
a right angle, Southerly from the centerline of
said South track; thence South 0005 ' East 48 . 98
Feet to the Southerly right-of-way line of said
transportation Company, said line also being the
Northerly line of Ames Grain & Coal Company' s
Second Additiod- to the City of Ames, Iowa;
thence North 83030140" East 75 . 83 Feet along
said line to the Northeast Corner of Lot Eight
( 8 ) in Ames Grain & Coal Company' s Second
Addition to Ames, Iowa; thence South 0030 ' East
34 . 6 Feet along the Easterly line of said Lot
Eight ( 8 ) ; thence North 88040 ' West 18 . 0 Feet
along said Easterly line of said Lot Eight ( 8 ) ;
thence South 0036127" East 65 . 30 Feet along said
Easterly line to the Northerly line of Lot
Thirteen ( 13) in Block One ( 1 ) in Ames Grain &
Coal Company's Addition to Ames, Iowa; thence
South 88°09 ' East 69 . 90 Feet along said
Northerly line and that line extended to the
Easterly line of Commerce Avenue in Ames, Iowa;
thence South 0006 ' West 60 . 1 Feet along said
Easterly line to the Northwest Corner of Lot One
( 1 ) in Block One ( 1 ) in Ames Grain & Coal
Company ' s Addition to Ames, Iowa; thence South
88°47 ' 07" East 179 . 41 Feet along said North line
to the point of beginning, containing 59 ,040
Square Feet or 1 . 355 Acres,
from the date of the root of the titlp thereof, down to and
including the day of i�Wt ie , 1989 , last certified
by Batman-Sayers Abstract-Company, Nevada, Iowa. The real estate
has been subdivided and : s -now known as DUFF CENTRE SUBDIVISION
OF AMES, IOWA.
NEWBROUGH,JOHNSTON,
BREWER,MADDUX
a NADLER AMES,IOWA BOOK PAGE... �w
-2-
Based upon -information within said Abstract of Title,
it is my opinion that the fee simple title to said real estate is
in Duff Centre Limited Partnership, and that said real estate is
free from encumbrances, excepting, however, a Mortgage to Ames
Savings and Loan Association dated April 3 , 1987 , and filed in
the office of the Recorder of Story County, Iowa, on April 3 ,
1987 , in Book 309 , page 192; the property is also subject to
easements of record and to zoning ordinances of the City of Ames,
Iowa.
Dated this -Ji-$—+ day of D Qrae� 1989 .
NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER
612 Kellogg Avenue
P. 0. Box 847
Ames , Iowa 50010
Telep one: ( 515) 3 - 761
By _,I -J,a ( -
Frank B. Johnst n
NEWBROUGH,JOHNSTON,
BREWER,MADDUX
8 NADLER ,PAGE
AMES.IOWA —— a�rr