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HomeMy WebLinkAboutA004 - Attorney's Opinion dated December 18, 1987 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: That part of the South Half ( S 1/2 ) of the Northwest Quarter ( NW 1/4 ) of Section Fifteen ( 15 ) , Township Eighty-three ( 83 ) North, Range Twenty-four ( 24) West of the 5th P.M. , described as: Commencing at the Southwest Corner of said Northwest Quarter ( NW 1/4 ) ; thence Easterly on an Iowa State Plane Grid azimuth from North of 89°28107" along the South line of said Northwest Quarter (NW 1/4 )' 396 . 00 Feet to the point of beginning; thence Northerly 359°43 ' 10" azimuth 12'0 . 76 Feet to the Northerly right-of-way line of Airport Road; thence Westerly 272°54 ' 02" azimuth along said' Northerly line 196 . 90 Feet to the .Southerly right-of-way line of U.S. Highway 30 ; thence Northwesterly 314°41 ' 13" azimuth along said Southerly line 79 . 50 Feet; thence Northeasterly 38031112" azimuth along said Southerly line 235 . 45 Feet; thence Easterly 73026 ' 22" azimuth along said Southerly line 772 . 25 Feet; thence Easterly 222 . 27 Feet along said Southerly line on a nontangential curve concave to the South, having a radius of 2 , 211 . 80 Feet, a central angle of 5°45' 28" and a chord azimuth of 76026143" ; thence Easterly 79°16 ' 27" azimuth along said Southerly line 83 . 40 Feet; thence Easterly 84°39 ' 22" azimuth along said Southerly line 80 . 85 Feet; thence Easterly 8.5°55' 27" azimuth along said Southerly line 490 . 59 Feet to the Northwesterly right-of-way line of the former Chicago and Northwestern Railroad; thence Easterly 89°31 ' 50" azimuth 59 . 68 Feet to the intersection of the centerline of said former railroad; thence Southwesterly 212°37 ' 21" azimuth along said centerline 795 . 51 Feet; thence Southeasterly 26 . 61 Feet along a nontangential curve concave Southwesterly having a central angle of 08°28113" , a radius of 180 . 00' Feet and a chord azimuth .of 141°22 ' 23" to the South line of said Northwest Quarter (NW 1/4 ) ; thence Easterly 89°28 ' 07" azimuth along said South line 94 . 12 Feet ; thence Easterly 138 . 50 Feet along a nontangential curve concave Southerly having a central angle of 09'01 ' 58" , a radius of 878 . 51 Feet and a chord azimuth of 72°39 ' 56" ; thence Northerly 359°28 ' 07" azimuth 20 . 00 Feet; thence Easterly 89°28 ' 07" azimuth 882 . 52 Feet to the East line of said Northwest Quarter ( NW 1/4 ) ; thence Southerly 180°04 ' 41" azimuth along said East line 60 . 00 Feet to the Southeast Corner of said Northwest Quarter (NW 1/4 ) ; thence Westerly 269°28 ' 07" azimuth along the South line of said Northwest Quarter (NW 1/4 ) 2 , 256 . 79 Feet to the point of beginning ( said tract contains 20 . 03 acres , more or less) ; 3ROUGH.JOHNSTON. 3REWER,MADDUX &NADLER AMES.IOWA QQ�� GGGK ��` PAGE-_Z_±L -2- TOGETHER WITH that part of the Southwest Quarter ( SW 1/4 ) of Section Fifteen ( 15) , Township Eighty-three ( 83) North, Range Twenty-four ( 24) West of the 5th P .M. , described as: Commencing at the Northwest Corner of said Southwest Quarter ( SW 1/4 ) ; thence Easterly on an Iowa State Plane Grid azimuth from North of 89028 ' 07" along the North line of said Southwest Quarter ( SW 1/4 ) 396 . 00 Feet to the East line of the West 24 Rods of said Southwest Quarter ( SW 1/4 ) and the point of beginning; thence Southerly 179043110" azimuth along said East line 319 . 85 Feet to the South line of the North 20 Rods of said Southwest Quarter ( SW 1/.4 ) as previously monumented; thence Westerly 269049' 22" azimuth along said monumented South line 202 . 00 Feet; thence Southerly 180°04152" azimuth 148 . 50 Feet; thence Westerly 269°42136" azimuth 146 . 00 Feet to the Easterly right-of-way line of Elwood Drive; thence Southerly 180°04152" azimuth along said Easterly line 839 . 44 Feet; thence Westerly 269°49157" azimuth along the right-of=way line of Elwood Drive 17 . 00 Feet to the Easterly right-of-way line of Elwood Drive; thence Southerly 180003127" azimuth along said Easterly line 119 . 97 Feet; thence Easterly 89046 ' 42" azimuth 503 . 64 Feet to the Northwesterly right-of-way line of the former Chicago and Northwestern Railroad; thence Northeasterly 32037121" azimuth along said Northwesterly line 194 . 79 Feet ; thence Northeasterly 444 . 59 Feet along a nontangential curve concave to the Northwest, having a radius of 878 . 51 Feet, a central angle of 28°59 ' 44" and a chord azimuth of 47008113" ; thence Northeasterly 32038121" azimuth 675 . 92 Feet; thence Northeasterly 759 . 54 Feet along a tangential curve concave to the Southeast, having a radius of 758 . 51 Feet and a central angle of 57°22124" ; thence Easterly 90°00145" azimuth 686 . 93 Feet to the East line of said Southwest Quarter ( SW 1/4 ) ; thence Northerly 00°11 ' 04" azimuth along said East line 66 . 44 Feet to the Northeast Corner of said Southwest Quarter ( SW 1/4 ) ; thence Westerly 269°28107" azimuth 1 , 014 . 33 Feet along the North line of said Southwest Quarter ( SW 1/4 ) ; thence Southwesterly 82 . 08 Feet along a nontangential curve concave Southeasterly, having a radius of 878 . 51 Feet, a central angle of 05°21112" and a chord azimuth of 245°28 ' 20" ; thence Northwesterly 330°38' 21" azimuth 22 . 69 Feet ; thence Northwesterly 15 . 81 Feet along a tangential curve concave Southwesterly, having a radius of 180 . 00 Feet and a central angle of 05'01152" to the North line of said Southwest Quarter ( SW 1/4 ) ; thence Westerly 269°28 ' 07" -- azimuth 1 , 148 . 34 Feet along said North line to the point of beginning ( said tract contains 33 . 68 acres , more or less ) . The combined acreage of the above two ( 2 ) tracts is 53 . 71 acres , more or less, including 0 . 09 acres of Riverside Drive right-of-way over the Easterly 33 Feet thereof; from the date of the root of the title thereof, down to and including the _LT-K'l day of QQaM 102,r , 1987 , last certified by Cyclone Abstract & Title Co . , Ames, Iowa. The real estate has IVBROuc H.JOHNSTON. been subdivided and is now known as IOWA STATE UNIVERSITY BREWER,MADDUX RESEARCH PARK FIRST ADDITION TO AMES, IOWA. &NADLER AMES.IOWA BOOK PAGE a� -3- Based upon information within said Abstract of Title, it is my opinion that the fee simple title to said real estate is in Iowa State University Achievement Foundation, and that said real estate is free from encumbrances; the property is further subject to easements of record and zoning ordinances of the City of Ames, Iowa. Dated this `� day of 1987 . NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER 612 Kellogg Avenue P. 0. Box 30 Ames, Iowa 50010 Telephine: ( 515 ) 232II-1+.761 By Frank B. Johnston EWBROUGH,JOHNSTON. BREWER,MADDUX a NADLER AM ES,IOWA 0011t-.C2�PAGE 92?,,���� ,.._