HomeMy WebLinkAboutA016 - Attorney's Opinion dated October 24, 1990 f
ATTORNEYS 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:
All that part of the Southwest Quarter (SW 1/4) of the
Northeast Quarter .(NE 1/4) of Section Twenty (20) ,
Township Eighty-four (84) North, Range Twenty-four (24)
West of the 5th P.M. , Story County, Iowa, located
immediately East of the First and Second Additions of
Squaw Valley South Subdivision; EXCEPT the East 220 Feet
of the South 198 Feet thereof, AND EXCEPT the South 85
Feet thereof, more particularly described as follows:
Commencing at the Southwest Corner (SW Cor. ) of the
Northeast Quarter` (NE 1/4) of Section Twenty (20) ,
Township Eighty-four (84) North, Range Twenty-four (24)
West of the 5th P.M. , Story County, Iowa; thence South
8903.8130" East 223 . 00 Feet along the South line of the
Southwest Quarter (SW 1/4) of the Northeast Quarter (NE
1/4) of said Section Twenty (20) ; thence North 00021130" -
East 85.00 Feet along the East line of Valley Road in
Squaw Valley South Subdivision, Story County, Iowa, to
the point of beginning; thence continuing North 00°21130"
East 84 .76. Feet along the East line of Valley Road;
thence Northwesterly, continuing along the East line of
Valley Road, and along a 385. 00 Foot radius curve,
concave Southwesterly, an arc distance of 111.80 Feet f
(the long chord bears North 07°57138." West 111.41 Feet) ;
(the following eleven calls are along the Easterly lines
of the Second Addition of Squaw Valley South
Subdivision) : Thence South 89038130" East 84 .00 Feet;
thence North 07038130" West 221.27 Feet; thence . North
89026130" West 59. 07 Feet; thence Southwesterly, along a
127.71 Foot radius curve, concave Southeasterly, an arc
distance of 50.84 Feet (the long chord bears South
79008139" West 50.50 Feet) ; thence North 22014156" West
60. 00 Feet;. thence North 000.33130" East 234. 23 Feet;
thence North 89026130/1 West 120. 00 Feet; thence North
00033130" East 249 .46 Feet;.. thence North 73033130" East
12 .91 Feet; thence Northeasterly, along a 602. 00 Foot
radius curve, concave Southeasterly, an arc distance of
4.9.2,9 Feet (the long chord bears North 75054106" East
49.27 Feet) ;., thence North. 00033130" East 271. 08 Feet; .
thence South 89040152" East 1,231.60 Feet along the North
line of the Southwest Quarter (SW 1/4), of the Northeast
Quarter (NE 1/4) ; thence South 00000/42/1 East 1,118.99
Feet along the- East . line of the Southwest Qua
rter (SW
1/4) of the Northeast Quarter (NE 1/4) ; thence North
89038130" West 220.00 Feet along . the, North line of the
South 198 Feet of the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE ,1/4) ; thence South 00000142" East
113 . 00 Feet along the West line of the East 220 Feet of
the Southwest Quarter (SW 1/4) of the Northeast Quarter
(NE 1/4) ; thence North 89°38130" West_ 867. 67 Feet along
the North line of the South 85 Feet of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) to the
point of beginning, containing 31.4723 acres;
r 'AGE
V
-2-
from- the ' root of the title thereof, down to and including the
day of �C:�h��' , 19.90, last certified by Batman-
Sayers Abstract Company; Nevada, :Iowa (Iowa Title Guaranty Division. `
Member #8212) • The real estate has been subdivided and is now
known as THIRD ADDITION, SQUAW VALLEY SOUTH SUBDIVISION, STORY
COUNTY, IOWA.
Based upon information within said Abstract of Title, it
is my opinion that the fee simple title to said real estate is in
DAMES C. CLARK and KAREN L. CLARK, husband and wife, and DONALD E.
KEARNEY.. JAMES C. CLARK and KAREN L. CLARK, husband and wife, are
the owners of Lot 17 situated within said subdivision, and DONALD
E. KEARNEY is the owner of Lots 1 through 16, inclusive, in said
subdivision. The real estate is free from encumbrances, excepting,
however, the following:
(1) A Mortgage to G. DALE COWLE dated September 20,
1986, and filed in the office of the Recorder of
Story County, Iowa, on October 3, 1986, in Book 295
at page 343 ;
(2) . A Mortgage to AMES SAVINGS BANK, FSB, dated July 17,
1990, and filed in the 'office. of the Recorder of
Story County, Iowa, on July 17, 1990,. in Book 394
'at page 194 (this Mortgage encumbers Lot 17 of said
subdivision) .
The property is further subject to easements and.-
restrictions of record .and ' to zoning and land use ordinances of
Story County, Iiowa. ,
Dated this pi4+h day of , 1990.
NEWBROUGH, JOHNSTON, 'BREWER, MADDUX & NADLER .
. 612. 'Kellogg Avenue, P.O. Box. 847
Ames, Iowa 50010
Telephhnne: .515-232-1i61+
By
Fr. ank- B. Johnston, Attorney
Iowa Title Guaranty
Division Member #2612