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HomeMy WebLinkAboutA005 - Title Opinion NEWBROUGH,JOHNSTON, BREWER, MADDUX & SOTAK, L.L.P. ATTORNEYS AT LAW 612 KELLOGG AVENUE HAROLD O. HEGLAND P.O. BOX 847 TELEPHONE (1909-1979) AMES,IOWA (515)232-1761 50010-0847 D.R. NEWBROUGH FAX FRANK B.JOHNSTON (515)232-8962 JAMES A. BREWER JERE C. MADDUX E-Mail RONALD M. SOTAK njbms_law@isunet.net STEPHEN J. HOWELL November 2, 1999 John Klaus City Attorney City of Ames Dear John: You said it would make your life easier if I wrote you an opinion concerning title to the real estate and if I were to secure a certificate from the Story County Treasurer. It is my opinion that title to the real estate is in the names of the entities who signed the Dedication subject to easements and covenants of record, Articles and By-Laws of Northridge Parkway Homeowners Association,Inc.and zoning ordinances of the City of Ames. There are no mortgages against the real estate. There are no delinquent real estate taxes;but it will take me a short time to secure a Certificate from the Story County Treasurer. In the mean time it would be beneficial to have the platting papers circulated among the members of the City staff. I ought to be able to have the Certificate before the Resolution is presented to the Council. Thank you. Sincerely yours, NEWBROUGH, J STON, BREWER ADDUX & SOTAK, L.L.P. D. R. New ough DRN/drn SCHEDULE "A" Boundary Eighteenth Addition Northridge Parkway Subdivision A Replat of, ALL of; Lots Twenty-three (23) and Twenty-four (24) , Seventeenth Addition, Northridge Parkway Subdivision to Ames, Iowa, located in the North-half of the Southwest Quarter (N�-SW4) of Section 28 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; more particularly described as follows : "Commencing at the Southeast (SE) corner of the Northeast Quarter of the Southwest Quarter (NE'-,-SW,) of Section 28 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; thence S 891 43 ' 42" W, 60 . 00 feet along the south line of the NE,- SW, of said Section 28 ; thence N 000 19 ' 02" W, 477 . 61 feet along a line parallel with and 60 feet West of the east line of the NE,- SW, ; thence S 890 40 ' 58" W, 20 . 00 feet to the Point of Beginning (point also being the Southeast (SE) corner of Lot Twenty-four (24) , Seventeenth Addition, Northridge Parkway Subdivision to Ames, Iowa) ; (the following three calls are along the east and north sides of said Lot 24) thence N 000 19 ' 02" W, 776 . 35 feet; thence S 89° 50 ' 58" W, 1, 221 . 87 feet; thence S 000 28 ' 28" E, 20 . 00 feet to the Northeast (NE) corner of Lot Twenty-three (23) , Seventeenth Addition, Northridge Parkway Subdivision to Ames, Iowa; (the following two calls are along the north and west sides of said Lot 23) thence S 890 50 ' 58" W, 34 .94 feet; thence S 170 29 ' 44" E, 189 . 03 feet; (the following fifteen calls are along the southwesterly sides of Lot 24) thence S 440 52 ' 51" E, 67 . 57 feet; thence S 171 29 ' 44" E, 66 . 25 feet; thence S 590 27 ' 11" E, 69 . 92 feet; thence S 741 37 ' 13 " E, 64 .72 feet; thence S 851 23 ' 02" E, 10 . 00 feet; thence S 89° 48 ' 13" E, 83 . 22 feet; thence S 90° 00 ' 00" E, 288 . 19 feet; thence S 890 08 ' 05" E, 15 . 00 feet; thence S 791 30 ' 14" E, 121. 21 feet; thence S 620 02 ' 23" E, 121. 50 feet; thence N 360 41 ' 43" E, 20. 40 feet; thence S 250 07 ' 02" E, 168 . 58 feet; S 230 12 ' 29" E, 60 . 03 feet; thence S 251 07 ' 02" E, 152 . 83 feet; N 89° 40 ' 58" E, 218 . 75 feet to the Point of Beginning. " CERTIFICATE The real estate as described herein is free from certified taxes and certified special assessments . November 19 99 easure Story County, Iowa