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HomeMy WebLinkAboutA011 - Title Opinion dated March 10, 1992 CONNOLLY, O'MALLEY, LILLIS, HANSEN & OLSON ATTORNEYS AT LAW WILLIAM J. LILLIS 820 LIBERTY BUILDING OF COUNSEL RUSSELL J. HANSEN JOHN CONNOLLY III MICHAEL W. O'MALLEY 418 SIXTH AVENUE EUGENE E.OLSON PETER S. CANNON DES MOINES, IOWA 50300 JOHN CONNOLLY,JR.(1891-1975) STREETAR CAMERON GEORGE E. O'MALLEY(1905-1982) DOUGLAS A. FULTON BERNARD J. CONNOLLY(1920-1970) DANIEL L. MANNING (515) 243-8157 C. I. MCNUTT(1901-1958) CHRISTOPHER R. POSE FAX(515)243-3919 March 10, 1992 ATTORNEY 'S TITLE OPINION PURSUANT TO CHAPTER 409A OF THE CODE OF IOWA In re: Prairie West to become an Official Plat to be included in and forming a part of the City of Ames , Story County, Iowa To Whom It May Concern: The undersigned, William J. Lillis , attorney at law, certifies as follows : 1 . That the undersigned has made an examination of the Abstract of Title (Abstract #36500 ) prepared by Cyclone Abstract & Title Co. , Ames , Iowa, of land being platted as Prairie West , to become an Official Plat , to be included in and forming a part of the City of Ames , Story County, Iowa. 2. The land is presently legally described as follows : (See Exhibit "A" , Exhibit "A" being the legal description of the pro- perty being platted as Prairie West , an Official Plat , now included in and forming a part of the City of Ames , Story County, Iowa. 3 . As of the llth day of February, 1992 , at 8:00 A.M. , which is the date of the last continuation of the Abstract of Title, the proprietors and record fee titleholders to the property described above are: Mid-Land Residential Ventures , Inc . , a Kansas Corporation , and Ames Housing Associates Limited Partnership. 4. All general taxes paid in full to and including the taxes payable the fiscal year of July 1 , 1990 to June 30 , 1992 . There are no taxes or special assessments owing on the subject property owned by the titleholders as above described and set forth in Exhibit "A" attached hereto by reference incorporated and made a part hereof . 72-, K-2 PAGE CONNOLLY, O'MALLEY, LILLIS, HANSEN Sc OLSON March 10, 1992 Page Two 5 . There is an encumbrance given by one of the titleholders , Mid-Land Residential Ventures, Inc . , as Mortgagor , to Bank IV Topeka, N.A. , as Mortgagee, dated December 28, 1990, filed for record December 31 , 1990 , and recorded in Book 405 at Page 330 of the records of Story County, Iowa. The mortgage remains unsatis- fied of record and constitutes a lien as against a portion of the property described in Exhibit "A" attached hereto by reference incorporated and made a part hereof . Dated this G day of March, 1992 . CONNOLLY, O-MALLEY, LILLIS, HANSEN & OLSON William J. Lill ' 820 Liberty Building Des Moines , Iowa 50309 515-243-8157 BOOS a FS PAGEJ_- EXHIBIT "A" LEGAL DESCRIPTION The property hereinafter legally described , once platted, will be known as Prairie West , an Official Plat , to be included in and forming a part of the City of Ames, Story County , Iowa. The property is described as follows : Beginning at the S.W. Corner of the S.W. 1/4 of the N.W. 1/4 of Section 34, Township 84 North, Range 24 West of the 5th P.M. , Ames , Story County, Iowa; thence N00°-00 ' -00" E along the West Line of the S.W. 1/4 of the N.W. 1/4 of said Section 34, a distance of 1340 .21 feet, to the N.W. Corner of the S.W. 1/4 of the N.W. 1/4 of said Section 34 and to the Centerline of 24th Street as it is presently established; thence, N890-33 ' -33"E along the North Line of the S.W. 1/4 of the N.W. 1/4 of said Section 34, and along the Centerline of said 24th Street , a distance of 360 .00 feet ; thence S00°-00 ' -00"E along lots 35 thru 25 , inclusive , in Prairie View First Addition , an Official Plat , Ames, Story County, Iowa, a distance of 990.06 feet , to the S.W. Corner of Lot 25 in said Prairie View First Addition; thence, N890-58 ' -11"E along Lots 25 , 24, and 23 in said Prairie View First Addition , a distance of 322 . 73 feet to the S.E. Corner of Lot 23 in said Prairie View First Addition; thence S00°-00 ' -00"E along Lots 21 and 20 in said Prairie View First Addition, a distance of 135 .00 feet to the S.W. Corner of said Lot 20 ; thence S120-20 ' 37"W, a distance of 61 .42 feet to the N.W. Corner of Lot 19 in said Prairie View First Addition; thence, SO°-10 ' -08"W along the West Line of said Lot 19 a distance 149 . 33 feet to the S.W. Corner of said Lot 19 and to the South Line of the S.W. 1/4 of the N.W. 1/4 of said Section 34; thence S890-15 ' -01 "W, along the South Line of the S.W. 1/4 of the N.W. 1/4 of said Section 34, a distance of 669 . 38 feet to the Point of Beginning . Said tract of land being subject to and together with any and all easement of record. Said tract of land contains 13 . 58 Acres more or less . s �1.,r..=—PAGE?l.wµ.v�.