HomeMy WebLinkAboutA006 - Attorney's Title Opinion dated November 22, 1999 PINGEL&
TEMPLER,P.C.
ATTORNEYS AND COUNSELORS AT LAW
437 COLONY PARK BUILDING RONNI F.BEGLEITER KERI K.FARRELL-KOLB JON R.PEARCE BARBARA M.TAPSCOTT
3737 WOODLAND AVE. JOHN C.CONGER JEFFREY L.GOODMAN C.JEAN PENDLETON JOHN A.TEMPLER,JR.
WEST DES MOINES,IA 50266 THOMAS M.CUNNINGHAM MICHAEL J.GREEN JOHN R.PERKINS
-- MICHAEL A.DEE LAWRENCE L.MARCUCCI KURT S.PETERSON
TELEPHONE: (515)225-3737 ROBERT K.DUPUY CAMILLE L.NAEVE G.BRIAN PINGEL G.Brian Pingel
FAX: (515)225-9510 BRAD C.EPPERLY GREG A.NAYLOR JEFFREY D.STONE Patents
Writer's e-mail: MGreen@mail.wdmlaw.com
November 22, 1999
City of Ames
Department of Planning &Housing
P.O. Box 811
Ames, Iowa 50010
RE: Plat Title Opinion
Final Plat,Walter Family Campus Subdivision
Dear Sirs:
Pursuant to the requirements of Iowa a Code Section 354.11(3) (1999), I hereby certify that
I have examined the abstract of title last continued in pencil note form by Batman-Sayers Abstract
& Title Co. of Nevada, Iowa, No.80490, showing a continuation of entries from Root of Title to
October 4, 1999 at 2:02 p.m., relating to the following described real property:
See Exhibit "A" attached hereto.
As of the last date and time, record title to the property above described is vested of record
in:
Convalescent Home for Children Foundation, Inc., an Iowa corporation
subject to the following:
1. MORTGAGE: Entry No. 27 of the Abstract shows a Mortgage from the above
titleholder to Stage Coach Stables, L.C., dated October 1, 1999 and filed of record October 4, 1999
at Instrument No. 99-13647.
2. EASEMENTS: Entry No. 8 of the Abstract shows a Right of Way Easement in
favor of Northwestern Bell Telephone Company, dated March 10, 1964 and filed of record March
20, 1964, at Book 96, Page 175.
Entry No. 9 of the Abstract shows a Contract for Right of Way to Widen Out the
Farm To Market;Federal-Aid County Highways, dated , 1939 and filed of record May
22, 1969, at Book 2, Page 292.
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City of Ames
Department of Planning&Housing
November 22, 1999
Page 2
Entry No. 10 of the Abstract shows a Contract for Right of Way to Widen Out the
Local County Highways, dated August 18, 1939 and filed of record May 26, 1969, at Book 2, Page
302.
3. ZONING: The property under examination is subject to the zoning ordinances of
the City of Ames, Iowa and further subject to the Story County Development Plan.
4. TAXES: The Abstract shows the real estate taxes for fiscal year 1998-99 due but
not delinquent as to the first and second installment. The taxes are shown at $1,862.00 per one-half
year but include other land. The Treasurer will have to determine the portion of this land to which
the taxes result and break out the taxes due from Parcel No. 0-10715, P-05-36-400-375 and P-05-
36-475-010.
6. SEARCHES: The last Abstract update shows searches as to the above titleholder
and its predecessors in interest.
You are hereby advised that this opinion is prepared pursuant to Iowa Code Sections 614.26
and 614.28 of the 1999 Code of Iowa, Chapter 11 of the Iowa Title Examination Standards, the
abstracting standards of the Iowa Land Title Association and the 40 Year Marketable Title Act.
Respectfully submitted,
4E�L&TEMPLE
Michael J. Green
MJG:nmd
Enclosures
S:\shardata\NMD1MJG1RasmussenlPLAT TITLE OPINION Walter Family Campus Subdivision.doc
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City of Ames -
Department of Planning&Housing
November 22, 1999
Page 3
A parcel of land located in the SW 1/4 of the SE 1/4, Section 36, Township 84
North, Range 24 West of the 5 h P.M., Story County, Iowa more particularly
described as follows:
Be ig nning at the SW corner of the SE 1/4, SE 1/4 of said Section 36; thence N
89°44'55" W, 742.73 feet on and along the South line of the SW 1/4, SE 1/4 of said
Section 36;thence N 02°17'45"E, 594.91 feet;thence S 89°38'42"E, 722.58 feet to a
point on the West line of Eastgate Subdivision, an Official Plat being in and forming
a part of the City of Ames; thence S 00°21'19" W, 593.23 feet to the Point of
Be ig nning, containing 9.989 acres, more or less.
EXHIBIT "A"
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