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HomeMy WebLinkAboutA008 - Attorney's Opinion dated March 28, 1996 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, L.L.P. , with offices at 612 Kellogg Avenue, Ames, Story County, Iowa. I further state that I have examined Abstracts of Title to the following-described real estate, to-wit: A Replat of Lots Eight (8) , Ten (10) , Eleven (11) and Fifteen (15) in Block Six (6) , and part of Lots Seven (7) and Twelve (-12) in Block Six (6) , and part of Block Ten (10) , Original Town of Ontario, Iowa, now a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northwest Corner (NW Cor. ) of Lot Eight (8) in Block Six (6) in the Original. Town of Ontario, Iowa, now a part of the City of Ames, Iowa, thence South 8905710311 West 200.27 Feet along the North line of Lots One (1) , Two (2) , Three (3) and Four (4) in Hellman Addition to Ames, Iowa, to the East line of said Lot Four (4) , thence North 0001912111 West 359.79 Feet along said East line to the South right-of- way line of the Chicago and Northwestern Railroad, thence South 8100310811 East 275.35 Feet along said right-of-way line, thence South 0603411211 West 35.27 Feet, thence South 8303015811 East 16.08 Feet, thence South 06a3314611 West 107.61 Feet, thence North 8905414811 East 39.43 Feet to the West line of Florida Avenue, thence South 00°21127" East 13.00 Feet along said West line, thence North 9000010011 West 105.00 Feet, thence South 0002112711 East 100.00, Feet, thence South 89'04213911 East 30.05 Feet, thence South 00'026149" East 19.97 Feet, thence North 8905413611 East 74.92 Feet to the West line of Florida Avenue, thence South 0002112711 East Wo -- 026.76 (7) A, 2 96.00 Feet along said West line, thence South 89058120/1 West 109. 69 Feet to the West line of Lot Seven (7) , Block Six (6) , Original Town of Ontario, Iowa, thence North 00 31'28" West 55.97 Feet to the point of beginning, containing 2.14 acres. from the root of title thereof, down to and including the r day of /,U(cu/ CZ , 1996, last certified by Cyclone Abstract & Title Co. , Ames, Iowa (Iowa Title Guaranty Division Member #8195) . The real estate has been subdivided and is now known as O'ROURKE SUBDIVISION, AMES, IOWA. Based upon information within said Abstracts of Title, it is my opinion that the fee simple title to said real estate is in STEVEN M. O'ROURKE and BARBARA J. O'ROURKE (also known as Barbara M. O'Rourke) , husband and wife. The real estate within the subdivision is free from encumbrances, excepting, however, a mortgage executed by Steven M. O'Rourke and Barbara M. O'Rourke, husband and wife, to Firstar Bank Ames, Ames, Iowa, dated July 13, 1992, and filed in the office of the Recorder of Story County, Iowa, on July 14, 1992, in Book 461, commencing at page 293. The property is subject to easements of record and to zoning ordinances of the City of Ames, Iowa. (� - 02676 C8) � J. 3 Dated this day of /Va-11C2: 2 , 1996. NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER, L.L.P. 612 Kellogg Avenue, P.O. Box 847 Ames, Iowa 50010-0847 Telephone: 515-232-1761 By Frank B. Johnston, Attorney Iowa Title Guaranty Division Member #2612 ��- 02676 C9