Loading...
HomeMy WebLinkAboutA009 - Attorney's Title Opinion No. 2033 HUFFER LAW OFFICE ATTORNEYS AT LAW 622 Broad Street P.O.Box 70 Story City,IA 50248-0070 Robert L.Huffer Tele:(515)733-4372 Fax:(515)733-4163 TITLE OPINION No. 2033 1. EXAMINED FOR: TO WHOM THIS MAY CONCERN Story County, Iowa 2. LEGAL DESCRIPTION: Lot 32, Fifth Addition to Country Estates Subdivision, Story County, Iowa 3. ABSTRACTER'S CERTIFICATE: The abstract in one part containing entries to the lst day of July, 2000 at 8:00 o'clock A.M. by the Iowa Title Company. 4. TITLE: A. Risco, L.C. an Iowa Limited Liability Corporation. 5. EXCEPTIONS: A. At Entry No. 50 is shown an Easement for Utilities over the easterly 30 feet and the southerly 15 feet of Lot 32. In addition an existing 50-foot overhead electric easement and proposed bridle path with a 50-foot easement is centered on the existing overhead power lines as the same cross Lot 32. The location of this 50-foot easement is shown on the attached survey plat. B. At Entry No. 52 is shown a Water Service Agreement between the developer and Central Iowa Water Association. All lot owners are required in the Protective Covenants to connect to the public water supply. You are advised to check with this Association to determine fees associated with connecting and use of the rural water supply. C. At Entry No. 53 is shown that the real estate under examination is subject to the provisions of "the Story County Zoning Ordinance, which has designated the property to be within "AR" District(Agricultural/Residential). 01 - 0120 (4-) TITLE OPINION Page -2- D. At Entry No. 49 is shown the platting of Fifth Addition to Country Estates Subdivision in 1998. A copy of a portion of the survey plat filed in connection therewith is attached for reference purposes. Access to the real estate under examination is shown to exist from"Quail Ridge Road". Also shown at Entry No. 49 are Building Restrictions and Protective Covenants, a copy of which is attached to this title opinion. The Covenants provide that all of the lots in Fifth Addition, except Lot 2, are to be used only for residential purposes. Your attention is specifically directed to Covenant No. 2 which deals with the ability to subdivide Lot 32. Your attention is also directed to the standards for development and maintenance of the properties, and to the provi- sions which provide for the assessment of costs against the properties. You are advised to obtain verification from the Homeowners Association that all prior assessments against Lot 32 have been paid in full. The platting documents indicate that Story County,Iowa,has not agreed to maintain the roads in the subdivision. Further,your attention is directed to the notation on the survey plat that the rear portion of Lot 32 is subject to a"Greenbelt Conservation District". You should consult with the Story County Planning and Zoning Department to determine the extent of any building restric- tions within the Greenbelt Conservation District. E. Entry No. 54 shows that the regular taxes payable in the fiscal year ending June 30, 2000, have been paid in full. 6. CAUTION: An abstract of title is a multi-page document typically prepared by a commercial abstracting firm. It consists of numbered entries containing information abstracted from the public records on file in the county courthouse that affect the title to the real estate described in the abstract of title. However,these public records do not necessarily disclose all rights in, claims against or restrictions upon the real estate. Therefore,you should make a careful inspection of the real estate and make diligent inquiry to satisfy yourself as to the following additional matters: 1. The rights of any person in actual possession of the real estate such as a tenant in possession under a lease agreement. 2. The rights, under the Iowa mechanic's lien law, of persons who have furnished labor or materials in the past 90 days for improvements to the real estate. 3. The rights of creditors under the Iowa Uniform Commercial Code to a security interest in improvements to the real estate in the form of fixtures, such as a furnace or water heater, which have been installed so recently as to allow the creditor to file notice of such rights after the period 01 - 01249 �5 ) TITLE OPINION Page -3- of time covered by the abstract. 4. Unpaid charges for public utility services furnished to the real estate which may become a claim against the real estate. 5. The existence of any easement in growing farm crops disclosed by financing statements filed in the office of the Iowa Secretary of State. 6. The existence of any easement over the real estate which is apparent from physical evidence of its use or the actual location of the boundary lines of the real estate. 7. Any encroachment upon the real estate from adjacent real estate by way of third party use or by building overlapping the boundary lines and any other facts that may be disclosed by a survey. 8. Availability of reasonable and convenient access to the real estate from an existing public right of way. 9. Any law, ordinance or governmental regulation(including but not limited to zoning, subdivi- sion and rental housing ordinances)restricting, regulating or prohibiting the occupancy, use or enjoyment of the real estate, or regulating the character, dimensions or location of any improve- ment now or hereafter erected on the real estate, or prohibiting a separation in ownership or a reduction in the dimensions or area of the real estate. For such information, you should consult the local building and zoning officials having jurisdiction. 10. The legal competency (as affected by age or mental disability) of each individual titleholder executing a deed, mortgage or other instrument affecting the real estate; the authority of each person executing a deed, mortgage or other instrument affecting the real estate in a representative or fiduciary capacity; and the authenticity of all signatures appearing on such instruments. 11. Any other matter affecting the real estate which may have been filed as a part of the public records in the county courthouse after the period of time covered by this Title Opinion. 12. Environmental matters such as the existence of hazardous wastes, underground storage tanks, drainage wells, or the storage of any classified or potentially classified hazardous material. If the existence of any of these items is on the property, governmental action can require the clean-up and removal of such environmental problems as defined by federal, state and local law and the owner of the property may be personally liable and the property subject to a lien for the cleanup procedure. As owner of the property you may be liable for the clean-up costs even though you did not cause the problem. TITLE EXAMINER Robert L. Huffer 01 012 4 9 N / Title Guarantee#1281