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HomeMy WebLinkAboutA008 - Attorney's Opinion dated October 29, 1993 r 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 Abstracts of Title to the following-described real estate, to-wit: A Replat of Lots Five (5) and Six (6) and a part of Lot Four (4) and a part of Lot Seven (7) in Spencer's Second Industrial Addition to Ames, Iowa, and of Lots Fifteen (15) , Twenty (20) and Twenty-one (21) in Woodland Acres Plat No. 2, Ames, Iowa, all in the Northeast Quarter (NE 1/4) of Section Twelve (12) , Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M. , in the City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the East Quarter Corner (E 1/4 Cor. ) of said Section Twelve (12) , thence South 8902614711 West 40. 00 Feet along the South line of said Northeast Quarter (NE 1/4) to the Westerly right- of-way of Dayton Road and the point of beginning; thence continuing South 8902614711 West 1,737.45 Feet along said South line to the Southeast Corner (SE Cor. ) of Lot Twenty-six (26) , Woodland Acres Plat No. 2, Ames, Iowa; thence North 0003410011 West 557. 50 Feet along the East line of said Woodland Acres Plat No. 21 thence South 8805514811 West 400. 01 Feet, thence North 0003315911 West 216.45 Feet, thence North 8804614911 East 400. 07 Feet to the Southeast Corner (SE Cor. ) of Lot Nineteen g19) in said Woodland Acres Plat No. 2, thence North 00 34124" West 435.20 Feet to the Northeast Corner (NE Cor. ) of Lot Sixteen (16) in said Woodland Acres Plat No. 2, thence South 8803714811 West 400. 03 Feet, thence North 0003315911 West 108.90 Feet, thence North 8803714811 East 400. 03 Feet to the Southeast Corner (SE Cor. ) of Lot Fourteen (14) in said Woodland Acres Plat No. 2, thence North 00034100" West 1,216. 62 Feet along the East line of said Woodland Acres Plat No. 2 to the South line of the frontage road, thence North 8903212311 East 254.40 Feet along said South line, thence North 8902411911 East 103 .80 Feet along said South line, thence South 00048111" East 160. 00 Feet, thence South 8902411911 West 80. 00 Feet to the West line of Lot Four (4) in said Spencer's Second Industrial 560 154 2 Addition; thence South 0004811111 East 273. 61 Feet along said West line to the Southwest Corner (SW Cor. ) of Lot Four (4) , Spencer's Second Industrial Addition, Ames, Iowa, thence North 8904510911 East 200.24 Feet to the Southeast Corner (SE Cor. ) of said Lot Four (4) , thence North 8902114811 East 200.20 Feet to the West line of Lot Two (2) in Spencer's Second Industrial Addition, Ames, Iowa, thence South 0003412911 East 566.24 Feet, thence North 8901813011 East 355. 30 Feet to the Southwest Corner (SW Cor. ) of Lot Two (2) in Matthew Subdivision, a Replat of Lot One (1) , Spencer's Second Industrial Addition to Ames, Iowa, thence South 0100014811 East 300. 31 Feet, thence North 8902214111 East 689.25 Feet, thence South 0100210011 East 1,236. 12 Feet to the point of beginning, containing 71. 18 acres, from the root of title thereof, down to and including the day of 0C-4069.1- , 1993 , 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 PETE COOPER 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 DALE COOPER (also known as Dale R. Cooper) , an unmarried person, EVERETT S. FREEL and MARILYN A. FREEL, husband and wife, DONALD E. BARBER and LEANNA K. BARBER, husband and wife, GEORGE L. JONES and JOYCE E. JONES, husband and wife (subject to a contract to sell to Shaffer Auto Body Co. , Inc. ) , and DAVE DEVEREAUX (also known as David E. Devereaux) and CHERYL A. HUSS (also known as Cheryl Huss Devereaux) , husband and wife. Dale Cooper is the owner of that part of the subdivision formerly described as: 560 155 _PAGE 3 Lot 7 in Spencer's Second Industrial Addition to Ames, Iowa, except that part of said Lot 7 described as follows: Beginning at a point 1, 093 .2 feet South and 40 feet West of the Northeast Corner of Section 12, Township 83 North, Range 24 West of the 5th P.M. , Story County, Iowa, thence South 01002 ' East along a line parallel to and 40 Feet Westerly from the East line of said Section 12 a distance of 300. 0 Feet, thence South 89026 ' West 689. 1 Feet, thence North 01002 ' West 300. 0 Feet to a point on the South line of Lot 1 of said Spencer's Second Industrial Addition to Ames, Iowa, thence North 89026 ' East along said South line of said Lot 1 a distance of 689. 1 Feet to the point of beginning, all within Lot 7 of Spencer's Second Industrial Addition to Ames, Iowa. Everett S. Freel and Marilyn A. Freel, husband and wife, are the owners of that part of the subdivision formerly described as: Lot 15 in Woodland Acres Plat No. 2 , a subdivision of the West 400 Feet of Lot 27 of Woodland Acres, a plat of the West Half of the Northeast Quarter (NE4) of Section 12, Township 83 North, Range 24 West of the 5th P.M. , Story County, Iowa. Donald E. Barber and Leanna K. Barber, husband and wife, are the owners of that part of the subdivision formerly described as: The West 80 Feet of the North 160 Feet of Lot 4, Spencer's Second Industrial Addition to Ames, Iowa. George L. Jones and Joyce E. Jones, husband and wife, are the owners of that part of the subdivision formerly described as: Lots 20 and 21 in Woodland Acres Plat No. 2, a subdivision of the West 400 Feet of Lot 27 of Woodland Acres, a plat of the West Half of 560 J56 4 PAN:, 4 the Northeast Quarter of Section 12, Township 83 North, Range 24 West of the 5th P.M. , Iowa; This portion of the real estate is subject to a real estate contract wherein George L. Jones and Joyce E. Jones, husband and wife, are sellers, and Shaffer Auto Body Co. , Inc. , is the contract purchaser, the contract being dated July 25, 1986, and having been filed in the office of the Recorder of Story County, Iowa, on August 1, 1986, in Book 290 at page 229. Dave Devereaux (also known as David E. Devereaux) is the owner of that part of the subdivision formerly described as: Lot 6, Spencer's Second Industrial Addition to Ames, Iowa. The real estate within the subdivision is free from encumbrances, excepting, however, the following: (1) A mortgage executed by Everett S. Freel and Marilyn A. Freel, husband and wife, to United Bank and Trust, dated March 23, 1990, and filed in the office of the Recorder of Story County, Iowa, on March 27, 1990, in Book 386, commencing at page 67. (2) A mortgage executed by Donald E. Barber and Leanna K. Barber, husband and wife, to Firstar Bank Ames, dated March 27, 1992, and filed in the office of the Recorder of Story County, Iowa, on March 27, 1992, in Book 446 at page 217; (3) A mortgage executed by Donald E. Barber and Leanna K. Barber, husband and wife, to Firstar Bank 560 157 DZ% PAGE d 5 Ames, dated May 27, 1993 , and filed in the office of the Recorder of Story County, Iowa, on June 1, 1993, in Book 516, commencing at page 172; (4) A mortgage executed by Dave Devereaux and Cheryl Huss Devereaux to American State Bank dated June 11, 1993 , and filed in the office of the Recorder of Story County, Iowa, on June 14, 1993 , in Book 520, commencing at page 119; and (5) A mortgage executed by David Devereaux to American State Bank dated July 14, 1993, and filed in the office of the Recorder of Story County, Iowa, on August 3 , 1993 , in Book 534, commencing at page 172 . The property is subject to easements of record and to zoning ordinances of the City of Ames, Iowa. Dated this day of ('"j�-p6,q--- , 1993 . NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER 612 Kellogg Avenue, P.O. Box 847 Ames, Iowa 50010 Telepho BY 21 e: 515-232-17 1 Frank B. Joh sto 9, Antto-rneyy Iowa Title Guaranty Division Member #2612 560 158 Ole 01K PAGE 47"