HomeMy WebLinkAboutA011 - Abstracts of Title dated July 7, 1999 NYEMASTER, GoODE, VOIGTS, WEST,
HANSELL & OBRIEN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
L.R.VOIGTS JAY EATON STEVEN H.LY ME ANGEL A.WEST 700 WALNUT,SUITE 1600
JAMS B.WEST BURNS MOSSMAN TERRY C.HANCOCK KATHRYN A.OVERBERG DES Moms IowA 50309-3899
EDGAR F.HANSELL PHYLLIS E.PEARSON ANTHONY A.LONGNECKER ANGELA L.WATSON
W.DON BRITTIN,JR. BRADFORD L.AUSTIN JOSEPH A.QUINN JENNIFER L.D'ISIDORI (515)283-3100
R.CRAIG SHIVES SARA J.SERSLAND WADE H.SCHUT
DON MUYSKENS HAYWARD L.DRAPER MARK D.ALJETS
ROGER L.FERRIS JAMES E.GRITZNER G.THOMAS SULLIVAN OF COUNSEL P.O.Box 2230
LAWRENCE E.MYERS MICHAEL W.THRALL JOAN FLETCHER SAMUEL G.O'BRIIIJ
KEITH E.LUCHTEL MARK C.DICKINSON THOMAS H.WALTON JOHN J.MCLAUGHLIN AMES�IOWA 50010
GERALD J.NEWBROUGH GREGORY B.WILCOX WILLARD L.BOYD III DREW R.TILLOTSON (515)233-3000
ROBERT A.VANORSDEL JOHN F.LORENTZEN LLSETTE SELL FRANK B.COMFORT
RICHARD J.'SAPP ROD KUBAT JEFFREY W.COURIER LUTHER.L.HILL,JR.
G.R.NEUMANN STEVEN J.ROY HALLIE E.STILL-CARIS BARRY J.NADLER Facsimile
RUSSELL E.SCHRAGE FRANK B.HARTY BRIAN J.HUMKE _
CARLTON T.KING JAMES C.WINE DEBORAH S.KRAUTH (515)283-3108
GREGORY P.PAGE BRUCE W.BAKER JOHN B.TUFFNELL RAY NYEMASTER
RANDALL G.HORSTMANN THOMAS W.FOLEY JILL M.STEVENSON (1914-1995)
Writer's Direct Dial Number
(515)283-3132
July 7, 1999
City of Ames, Iowa
City Hall
Ames, Iowa 50010
and
Grand Junction, L.0
C/o Hubbell Realty Company
904 Walnut Street, Suite 900
Des Moines, Iowa 50309
Ladies and Gentlemen:
At your request, we have this date examined abstracts of
title to the following described real estate situated in Story
County, Iowa, to-wit:
Parcel "F" in the Southwest Quarter (SWa) of the
Southwest Quarter (SW4) of Section 2, Township 83
North, Range 24 West of the 5th P.M. , Ames, Iowa, as
shown on the Plat of Survey filed in the office of the
Recorder of Story County, Iowa on July 30, 1996, and
recorded in Book 14, at Page 30,
from Root of Title, as defined in Chapter 614 of the Code of Iowa
1999, to June 22, 1999, at 8 : 00 a.m. , as shown by various
abstracts of title, concluding with Batman-Sayers Abstract
Company Abstract #80155, consisting of 5 entries; and therefrom,
on June 22, 1999, at 8 : 00 a.m. , we find merchantable title to the
property under examination as follows :
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July 7, 1999
Page 2
Beginning at a point
which is 242 . 33 feet
North and 64 .71 feet East
of the Southwest Corner
of Section 2, Township 83
North, Range 24 West of
the 5th P.M. in the City
of Ames, Story County,
Iowa; thence running
Northwesterly along a
circular curve, concave
Southwesterly which is 25
feet radially distant
Northeasterly and concen-
tric with the centerline
of the Chicago and North
Western Railway Company
main track to the point
where said curve inter-
sects the East line of
Grand Avenue, said curve
having a chord length of
78 .25 feet bearing North
26059 ' West; thence North
2015 ' East 198 .2 feet
along the East line of
Grand Avenue, which is 80
feet East of, at right
angles, and parallel to
the centerline of Grand
Avenue, to a point where
said East line intersects
a line 20 feet radially
distant Southerly and
concentric with the
centerline of Chicago and
North Western Railway
Company Spur Track I .C.C.
No. 245; thence along a
circular curve concave
Northerly which is 20
feet radially distant
Southerly from the cen-
terline of said Chicago
and North Western Railway
Company spur track, said
curve having a chord
length of 220 .24 feet
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July 7, 1999
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bearing South 71120 '
East; thence South 6052 '
West 100 feet, said
course being 10 feet
normally distant
Westerly, and parallel
to, the West foundation
line of the present stor-
age building located on
the Froning and Deppe
Elevator Company tract
which lies immediately
East of this parcel;
thence North 86101 ' East
89 . 30 feet; thence South
3052 ' East, 21 .45 feet;
thence South 3056 ' East
64 .57 feet; thence South
85055 ' West 264 . 75 feet
to the point of beginning
(Parcel #1) -- DAVID A. SKEI and SUSAN
SKEI a/k/a SUSAN L. SKEI,
husband and wife, as joint
tenants with full rights of
survivorship, and not as
tenants in common,
Remainder of the pro-
perty under examination
(Parcel #2 ) -- GRAND JUNCTION, L.C. ,
subject to the following, to-wit:
1 . At Entry #32 of Batman-Sayers Abstract Company Abstract
#41751, there is shown the Quit Claim Deed, dated March 14, 1966,
from the Chicago and North Western Railway Company to John Skei
and Gladys L. Skei, covering Parcel #1, and which includes a
reservation by the grantor, for itself, its successors and
assigns, of an easement for driveway purposes upon the following
described portion of the property under examination, to-wit:
Beginning at a point 340. 80 feet North and 233 .70 feet
East of the Southwest corner of said Section 2; then
North 86001 ' East, a distance of 89 . 30 feet; thence
South 3052 ' East, a distance of 21 .45 feet to a point
'that is 8 .5 feet Northwesterly of, as measured at right
angles from, the centerline of said Railway Company
Spur Track I.C.C. No. 248, as now located and
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July 7, 1999
Page 4
established; thence South 85009 ' West, along .a line
parallel with the centerline of said Spur Track, to a
point on a line that bears South 6052 ' West from the
above-described point of beginning; thence North 6052 '
East to the point of beginning.
Also, it is provided in such deed that the grantor reserved unto
itself, its lessees, licensees, successors and assigns, the right
to maintain, operate, use, reconstruct and replace any and all
existing conduits, sewer, water mains, gas lines, electric power
lines, communication lines, wires and other utilities upon said
Parcel #1 .
In addition, there is included in such Quit Claim Deed the
grant to grantees, their heirs and assigns, of easements for
driveway purposes upon the following described real estate, to-
wit:
Beginning at a point 340 . 80 feet North and 233 .70 feet
East of the Southwest corner of said Section 2; thence
North 86001 ' East, a distance of 89 . 30 feet; thence
North 3052 ' West, a distance of 17 feet, more or less,
to a point that is 5 feet Southwesterly, as measured at
right angles from, the Southerly building line. of a
storage building presently owned by Froning & Deppe
Elevator; thence Northwesterly, along a line parallel
with the said Southerly building line, to a point on a
line that bears North 6052 ' East from the above-
described point of beginning; thence South 6052 ' West,
a distance of 33 feet, more or less, to the point of
beginning.
and
A strip of land 20 feet in width, adjoining and lying
20 feet Northeasterly of, as measured radially from,
the following described line: Beginning at a point
which is 242 . 33 feet North and 64 .71 feet East of the
Southwest Corner of Section 2, Township 83 North, Range
24 West of the Fifth Principal Meridian, said point
being 25 feet Northeasterly of, as measured radially
from, the centerline of the Chicago and North Western
Railway Company' s main track, as now located and
established; thence Southeasterly, along a line
parallel with the centerline of said main track to a
point on the North line of Lincoln Highway (U.S. Route
No. 30) , said point being the end of the specifically
described line, said strip of land being bounded on the
North by the South line of the above first described
July 7, 1999
Page 5
parcel of land to be conveyed and bounded on the South
by the North line of said Lincoln Highway.
In our opinion, these driveway easements are not covered by the
above-mentioned abstracts of title, so that we are unable, in
this opinion, to opine with respect to the merchantability of the
title to such appurtenant easements .
For further particulars, see this Quit Claim Deed, which was
filed for record in the office of the Recorder of Story County,
Iowa on April 5, 1966, in Book 130, at Page 447 .
2 . At Entry #46 of Batman-Sayers Company Abstract #19510A,
there is shown a Mortgage, dated July 5, 1994, from David A. Skei
and Susan L. Skei, husband and wife, to South Story Bank and
Trust, covering Parcel #1, together with the appurtenant driveway
easements described in Paragraph 1 above, and given to secure
payment of the sum of $49,500. 00 in accordance with the terms of
a promissory note of even date therewith. It appears, from the
Abstracts of Title, that this Mortgage remains unsatisfied of
record. For further particulars, see this Mortgage, which was
filed for record in the office of the Recorder of Story County,
Iowa, on July 6, 1994, as Instrument #94-07628.
3 . At Entry #47 of Batman-Sayers Abstract Company Abstract
#19510A, there is shown an Easement, dated December 2, 1994, from
Gary D. Sims and Carolyn Sims, husband and wife, to David Skei
and Susan Skei, granting to the owners of Parcel #1 a specified
access easement over adjoining property to Lincoln Way. For
further particulars, see this Easement, which was filed for
record in the office of the Recorder of Story County, Iowa on
February 3, 1995, as Instrument #95-00896.
At Entry #49 of Batman-Sayers Abstract Company Abstract
#23068A, there is shown an Agreement for Termination and
Substitution of Easement, dated April 3, 1996, by and between
Hubbell Realty Company and David Skei and Susan Skei, husband and
wife, whereby there was substituted for the access easement
mentioned above a specifie-d easement for access to Parcel #1
from Gilbert Street. For further particulars, see this
Agreement, which was filed for record in the office of the
Recorder of Story County, Iowa on April 8, 1996, as Instrument
#96-03110 .
At Entry #50 of Batman-Sayers Abstract Company Abstract
#23068A, there is shown an Assignment of Agreement For Termina-
tion And Substitution Of Easement, dated April 16, 1996, from
Hubbell Realty Company to Grand Junction, L.C. , whereby the last
above-described Agreement was assigned to said assignee. For
July 7, 1999
Page 6
further particulars, see this Assignment, which was filed for
record in the office of the Recorder of Story County, Iowa on
April 17, 1996, as Instrument #96-03432 .
4. At Entry #29 of Batman-Sayers Abstract Company Abstract
#18317A, there is shown a Right-of-Way Permit and Easement, dated
May 19, 1989, from Gary D. Sims to the City of Ames, Iowa,
granting to said City a perpetual right to construct, recon-
struct, clean up, operate, maintain and cover over and repair a
Sanitary Sewer Easement upon, under and across the following
described real estate, to-wit:
Commencing at an iron pin on the North right-of-way
line of Lincoln Way 98 feet East and 33 feet North of
the Southwest Corner of Section 2, T83N, R24W, of the
5th P.M. in the City of Ames, Story County, Iowa;
thence continuing along said North right-of-way line
North 58015 ' 07" West, 12 .0 feet to the point of
beginning of a 10-foot wide easement, 5 feet on each
side of the following described line; thence North
67032133" East, 132 . 14 feet; thence North 04017123"
East, 39 .0 feet; thence North 12024 ' 28" East, 76. 12
feet; thence North 07046 ' 53" East, 47 . 8 feet.
For further particulars, see this Right-of-Way Permit and
Easement, which was filed for record in the office of the
Recorder of Story County, Iowa on May 22, 1989, in Book 279, at
Page 337 .
5 . At Entry #27 of Story County Abstract Company Unnumbered
Abstract, there is shown an Electric Transmission Easement, dated
August 21, 1951, from Chicago and North Western Railway Company
to the City of Ames, Iowa, granting to said City a license to
construct, install, maintain and use an electric transmission
line upon and across certain real estate, including a portion of
the property under examination. The Abstracter reports that said
Easement provides, among other things, that the grantor may, at
its option and without liability to the licensee, revoke this
license at any time by giving written notice to the licensee, if
the licensee shall use or attempt to use said facility for any
other or different purpose than specified, or if licensee should
violate or breach any of the terms and conditions thereof. For
further particulars, see this Electric Transmission Line Ease-
ment, which was filed for record in the office of the Recorder of
Story County, Iowa on April 22, 1958, in Book 82A, at Page 107 .
6. At Entry #28 of Story County Abstract Company Unnumbered
Abstract, there is shown an Easement, dated April 18, 1961, from
Chicago and North Western Railway Company to the City of Ames,
July 7, 1999
Page 7
Iowa, granting to said City a license to construct, install,
maintain and use an electric transmission line upon and across
certain real estate, which may include the property under
examination; however, we are unable to ascertain, from the
Abstracts of Title, the precise location thereof. The Abstracter
reports that said Easement provides, among other things, that the
grantor may, at its option and without liability to licensee,
revoke this license at any time by giving written notice to the
licensee, if the licensee shall use or attempt to use said
facility for any other or different purpose than specified, or if
licensee should violate or breach any of the terms and conditions
thereof. For further particulars, see this Easement, which was
filed for record in the office of the Recorder of Story County,
Iowa on October 17, 1961, in Book 90, at Page 41 .
7 . At Entry #29 of Story County Abstract Company Unnumbered
Abstract, there is shown a License, dated May 7, 1962, from
Chicago and North Western Railway Company to the City of Ames,
Iowa, granting to said City a license to -construct, maintain and
use a water main upon certain real estate, which, according to a
sketch attached to such License, appears to affect the property
under examination. The Abstracter reports that said Easement
provides, among other things, that the grantor may, at its option
and without liability to the licensee, revoke this license at any
time by giving written notice to the licensee, if the licensee
shall use or. attempt to use said facility for any other or
different purpose than specified, or if licensee should violate
or breach any of the terms and conditions thereof. For further
particulars, - see this License, which was filed for record in the
office of the Recorder of Story County, Iowa on January 16, 1963,
in Book 92, at Page 598 . -
8. At Entry #30 of Story County Abstract Company Unnumbered
Abstract, there is shown a License, dated October 13, 1961, from
Chicago and North Western Railway Company to the City of Ames,
granting to said City a license to construct, maintain and use a
storm sewer upon certain property, which, according to a sketch
attached to such License, appears to affect the property under
examination. The Abstracter reports that said License provides,
among other things, that the grantor may, at its option and
without liability to the licensee, revoke this license at any
time by giving written notice to the licensee, if the licensee
shall use or attempt to use said facility for any other or
different purpose than specified, or if licensee should violate
or breach any of the terms and conditions thereof. For further
particulars, see this License, which was filed for record in the
office of the Recorder of Story County, Iowa on January 16, 1963,
in Book 92, at Page 618.
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July 7, 1999
Page 8
9 . At Entry #31 of Story County Abstract Company Unnumbered
Abstract, there is shown a Quit Claim Deed, dated January 31,
1966, from Chicago and North Western Railway Company to Froning
and Deppe Elevator, covering a portion of the property under
examination. The Abstracter reports that said deed reserves unto
the grantor, its successors and assigns, driveway easements upon
the following described real estate, to-wit:
Beginning at a point 340. 80 feet North and 233 . 70 feet
East of the Southwest Corner of Section 2; thence North
86001 ' East a distance of 89 . 30 feet; thence North
3052 ' West a distance of 17 feet, more or less, to a
point that is 5 feet Southwesterly, as measured at
right angles, from the Southerly building line of a
storage building presently owned by Froning and Deppe
Elevator; thence Northwesterly. along a line parallel
with the said Southerly building line to a point on a
line that bears North 6052 ' East from the above-
described point of beginning; thence South 6052 ' West a
distance of 33 feet, more or less, to the point of
beginning.
AND
Beginning at the Northeast Corner of the above first
described parcel of land to be conveyed; thence South
7037 ' West along the East line of said parcel of land a
distance of 69 .82 feet to the Southeast Corner thereof;
thence South 8509 ' West a distance of 20. 02 feet;
thence North 23036 ' East a distance of 75 feet, more or
less, to the point of beginning.
The Abstracter also reports that, by virtue of said deed,
grantor granted to said grantee, its successors and assigns,
easements for driveway purposes upon the following described real
estate, to-wit:
A strip of land 20 feet in width adjoining and lying 20
feet Northwesterly of, as measured at right angles and
radially from the following described line: Beginning
at the Southeast Corner of the above first described
parcel of land to be conveyed; thence South 26036 ' West
to a point that is 25 feet Northwesterly of, as
measured radially from the centerline of said Railway
Company Spur Track I.C.C. No. 249, as now located and
established; thence Southwesterly along a line parallel
with the centerline of said Spur Track to the North
line of Lincoln Highway (U.S. Route No. 30) , being the
end of the specifically described line, extending the
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July 7, 1999
Page 9
Westerly line of said strip of land to terminate at the
North line of said Lincoln Highway, said strip of land
being bounded on the North by the Southerly line of
said first described parcel of land to be conveyed.
AND
Beginning at a point 340 .80 feet North and 233 . 70 feet
East of the Southwest Corner of said Section 2; thence
North 86001 ' East a distance of 89 . 30 feet; thence
South 3052 ' East a distance of 21 .45 feet to a point
that is 8 .5 feet Northwesterly of, as measured at right
angles from, the centerline of said Railway Company
Spur Track I.C.C. No. 248, as now located and
established; thence South 85009 ' West along a line
parallel with the centerline of said Spur Track, to a
point on a line that bears South 6052 ' West from the
above-described point of beginning; thence North 6052 '
East to the point of beginning.
The Abstracter also reports that there was reserved to the
grantor, its lessees, licensees, successors and assigns, the
right to maintain, operate, use, reconstruct and replace any and
all existing conduits, sewer, water mains, gas lines, electric
power lines, communication lines, wires, and sewers and drains,
and other utilities upon the property under examination. For
further particulars, see this Quit Claim Deed, which was filed
for record in the office of the Recorder of Story County, Iowa on
April 18, 1966, in Book 130, at Page 524 .
10 . At Entries #62, #80 and #.104 of Batman-Sayers Abstract
Company Abstracts #74595, #74597 and #74596, respectively, there
is shown a Mortgage, dated April 16, 1996, from Grand Junction,
L.C. to Brenton Bank, covering Parcel #2, and given to secure
payment of the sum of $1,430, 000 .00 . It appears, from the
Abstracts of Title, that this Mortgage remains unsatisfied of
record. For further particulars, see this Mortgage, which was
filed for record in the office of the Recorder of Story County,
Iowa on April 17, 1996, as Instrument #96-03433 .
At Entries #63, #81 and #105 of the same respective
Abstracts of Title, there is shown an undated Financing Statement
from Grand Junction, L.C. to Brenton Bank, covering certain
property, including fixtures located and situated upon Parcel #2 .
It appears, from the Abstracts of Title, that this Financing
Statement remains unsatisfied of record. For further particu-
lars, see this Financing Statement, which was filed for record in
the office of the Recorder of Story County, Iowa on April 17,
1996, as Instrument #96-03434 .
July 7, 1999
Page 10
At Entries #64, #82 and #106 of the same respective
Abstracts of Title, there is shown an Assignment of Rents, dated
April 16, 1996, from Grand Junction, L.C. to Brenton Bank,
covering rentals from Parcel #2 . It appears, from the Abstracts
of Title, that this Assignment of Rents remains unsatisfied of
record. For further particulars, see this Assignment of Rents,
which was filed for record in the office of the Recorder of Story
County, Iowa on April 17, 1996, as Instrument #96-03435 .
11 . At Entry #3 of Batman-Sayers Abstract Company Abstract
#75308, there is shown a Real Estate Contract, dated August 29,
1996, by and between David A. Skei and Susan Skei, husband and
wife, as Sellers, and Grand Junction, L.C. , as Buyer, covering
Parcel #1 . It appears, from the Abstracts of Title, that this
Contract remains unsatisfied of record. For further particulars,
see this Real Estate Contract, which was filed for record in the
office of the Recorder of Story County, Iowa on August 30, 1996,
as Instrument #96-09098 .
12 . At Entry #10 of Batman-Sayers Abstract Company Abstract
#80155, there is shown a Memorandum of Lease, dated November 13,
1996, by and between Grand Junction, L.C. , as Landlord, and
Hollywood Entertainment Corporation, as Tenant, covering a
portion of the property under examination for a term of ten
years, commencing March 12, 1996 . It appears, from the Abstracts
of Title, that this Memorandum remains unchanged of record. For
further particulars, see this Memorandum of Lease, which was
filed for record in the office of the Recorder of Story County,
Iowa on March 21, 1997, as Instrument #97-02697 .
13 . At Entry #12 of Batman-Sayers Abstract Company Abstract
#80155, there is shown a Traffic Signal Easement, dated April 2,
1998, from Grand Junction, L.C. to the City of Ames, Iowa,
granting to said City an easement for the purpose of
constructing, maintaining and operating a traffic signal and
related facilities upon, under and across the following described
real estate, to-wit:
Beginning at the Southeast corner of Parcel "F" ; thence
N90000 ' 0011W 48 . 00 feet along the South line of said
Parcel "F" ; thence N00°00 ' 00"E 10.00 feet; thence
S90000 ' 00"E 18. 00 feet; thence N90000 ' 00"E 20 . 00 feet;
thence S90000 ' 0011E 30 . 00 feet to the East line of said
Parcel "F" ; thence S90000 ' 00"W 30 . 00 feet along the
East line of said Parcel "F" to the point of beginning.
For further particulars, see this Traffic Signal Easement, which
was filed for record in the office of the Recorder of Story
County, Iowa on April 10, 1998, as Instrument #98-04340 .
July 7, 1999
Page 11
14. The Abstracter reports that the property under examina-
tion is subject to zoning ordinances of the City of Ames, Iowa.
To ascertain the classification of the property under
examination, and use restrictions thereunder, you should consult
the City Plan & Zoning Department, Ames, Iowa.
15 . The Abstracter report that all real estate taxes on the
property under examination have been paid in full, including the
1997/1998 taxes .
16 . You are charged with the rights of all parties in
possession of the property under examination, or any part or
portion thereof.
17 . You should make a careful inspection of the property
under examination for the purpose of locating the boundary lines
thereof and ascertaining encroachments, if any. If you are
unable to locate such boundary lines by such examination, then it
may be advisable for you to have a survey made by a competent
.civil engineer or land surveyor, in order that said boundary
lines may be definitely ascertained and fixed, and any encroach-
ments discovered.
18 . You should make such investigation as may be deemed
necessary to ascertain whether or not labor has been performed,
or materials furnished, for the improvement of the subject
property within the past ninety (90) days for which payment in
full has not been made. Such unpaid claims may ripen into
mechanic ' s liens, which would not now appear in the Abstracts of
Title.
19 . The Abstracts of Title do not usually disclose the
presence of wells, hazardous waste or underground storage tanks
on the property thereby covered; and you are hereby advised that,
under current law, there may presently exist conditions upon the
property under examination, in violation of such laws, which
could result in substantial liens for clean-up expense or
personal liability for such removal. Accordingly, you should
make such inquiry and investigation as you may deem necessary in
order to determine the existence of any such conditions
concerning the property under examination.
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July 7, 1999
Page 12
Respectfully submitted,
NYEMASTER, GOODE, VOIGTS,
WEST, HANSELL & O'BRIEN, P.C.
�— rence E. Myers
LEM:bjd Iowa Title Guaranty #1300
L:\LEM\HUBBELL\gandjuncL702.frm
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