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HomeMy WebLinkAboutA004 - Title Opinion dated October 15, 1992 ATTORNEYS AT LAW 1600 NU5 TOWCR.egg WALNUT STRC[T DES MOINES.IOWA 50309.3986 c.Ao•rs n•uL[.—A'. TCLt—oNc u51 24 2600 i 9"c.wouwv.roneT or couwscL As w on[.ra n t.w,s*owNcn u.o[ CLccowicw t�i S>Za6A5�0 •uss[LL L.SA"SO. T nOe[iR[r•.w.[,r[n A•�L nc..no L.rowo r IS s.w.c"t w A e.eAww[TT ,,pN.A r.C.Ar.« Wwl '.0in[CT LIN. in[.aTOrrw[GC. L CALL DIC.I.[OR n..« ncN.woA. (515) 246-4522 10" � ewor« .res r o'ew c.. r.�ce r .L otu«so..,n. r.owca P. c n.cc .—CC.so.o w.nno- .wc r.wo r cw.z..o I...« arc LAN o.s ruNonucN .woo N.cc« o.vm r wcn. October 15, 1992 TO WHOM IT MAY CONCERN: i I have examined an abstract of title last continued by Cyclone Abstract S Title Co., as its abstract number 41234, which purports to show all matters of record from date of original government entry to September 22, 1992, at 8:00 a.m., affecting marketable title to the following-described property: All of Lot 24; and Lot 25, except the following: Beginning at the SW Corner of Lot 25; thence Northerly 4.47 Feet along the Westerly line of Lot 25, along a curve that is concave to the East, having a radius of 283.09 Feet and a chord which bears N 8e31'26" W; thence N 8e19'47" W, 179.81 Feet along the Westerly line of Lot 25 to the P.T. of a tangent curve; thence Northerly 47.94 Feet along said curve, concave Westerly, having a radius of 824.87 Feet and a chord which bears N 10e00' W; thence N 55*07107" E, 206.72 Feet to the Easterly line of Lot 25; thence S 22*07108" E, 32 Feet along said Easterly line to the P.C. of a tangent curve; thence Southwesterly, 392.58 Feet along said curve that is concave Westerly, having a radius of 240 Feet to the point of beginning, all in the Gateway Hills, an Official Plat now forming a part of the City of Ames, Story County, Iowa. Based on my examination of said abstract, as continued, I am of the opinion that marketable title to such property is vested in: IOWA STATE UNIVERSITY RESEARCH FOUNDATION, INC., subject to the following: Boo,c PAGE__'!- October 15, 1992 Page Two 1. The property is subject to the zoning ordinance of the City of Ames, Iowa, and all other lawfully enacted ordinances of that municipality. 2. The property is subject to the following easements: j i a. Easement dated August 5, 1968, filed August 14, 1968, and recorded in Story County Book 108, Page 244 thereof, which grants unto the City of Ames, Iowa, the right to construct, reconstruct, operate, maintain, repair and remove electric lines consisting of poles, wires, overhead or underground cables, fixtures, anchors, etc. in certain locations; b. Easement dated December 4, 1978, filed December 29, 1978, and recorded in Story County Book 147, Page 275 'thereof, which grants unto the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its electric lines consisting of j poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment upon, underground, over or across •certain real estate, including the west 10 feet of Got 25. The same easement grants unto the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its underground water, storm and sanitary sewer systems within the north 10 feet of Lot 25. An accurate survey would be necessary in order to determine the precise location of these easements. 3. Regular real estate taxes show as paid through and including the taxes payable the fiscal year of July 1, 1991, to June 30, 1992. Regular taxes payable the fiscal year of July 1, 1992, to June 30, 1993, are unpaid but not delinquent. 4. As with all real estate, title may be affected by matters which need not appear of record. Included among these things are the rights of parties in possession, facts which would be disclosed by an accurate survey, the possibility of easements being in actual use but not of record and the possibility of laborers and materialmen filing liens within the time permitted BOOK a 91 P GE.aLL— ,. TMROCKMORTON. PARKER. MANNNCIMCR ✓s RAIrC . A PROrCSSIONAL CORPORATION 15, 1992 ,kree w for work performed on or materials delivered to the ty. You should also determine whether any solid wastes, ous substances, pollutants, above or below ground storage drainage wells, water wells, landfill sites or other �nmentally regulated conditions exist on the property. Such .ions are not ordinarily shown in the abstract, but they may in injunctions, fines, required cleanup, or other remedial Is under federal, state or local laws. These laws may liens against the property and personal liability against Iwner, even though the owner did nothing to create the :ion, and acquired the property without knowing about it.. Very trul rs on P. Sullivan dw I HOOK 2 9 y PAGES