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Home My WebLink AboutA014 - Letter dated November 8, 1996 from Belin Harris Lamson McCormick r- 4 LAW OFFICES BELIN HARRIS LAMSON McCORMICK A Professional Corporation 2000 FINANCIAL CENTER DES MOINES,IA 50309 Telephone: (515)243-7100 Telecopier(515)282-7615 Plat Opinion November 8, 1996 City of Ames City Hall Ames,Iowa 50010 Re: Midland Homes,Inc. Dear Mayor and Members of the City Council: This is to certify that I have examined the attached abstract of title last continued by Batman-Sayers Abstract & Title Company, continued to November 6, 1996 at 8:00 A.M., covering the following- described real estate: Lot Thirty-two(32)and Outlot"C" in Bloomington Heights Plat 5,City of Ames,Iowa to be replatted as BLOOMINGTON COURT, and based upon the abstract I report merchantable fee title in the name of MIDLAND HOMES,INC. subject to the following: 1. REVISED DEVELOPMENT AGREEMENT: A revised Development Agreement was recorded November 29, 1995, as Instrument No. 95-10711 in the Story County, Iowa records, between the City of Ames and William C. Knapp as Trustee of the William C. Knapp Revocable Trust, as Developer, whereby the Developer and the City agree that certain public improvements are necessary for the Bloomington Heights Development, some of which are to be made by the City and other of which are to be made by the developer or its successors or assigns as owners of the property in Bloomington Heights. The City agrees to be responsible for the construction of certain sanitary sewer, water main, sump pump collector line, and street improvements, while the cost of the sanitary sewer in Bloomington Road is to be assessed to the abutting property owners on a pro-rata basis. The developer is responsible for providing water mains to the lots and sanitary sewer extensions to the lots, and a storm water management plan, including footing drain service extensions to be installed at the developer's costgand the cost of relocation of the City of Ames' electric distribution and transmission lines to provide electric service to the lots. The developer is also responsible for certain street improvements to Bloomington Road, a bicycle path on the North side of Harrison Road, all grading within the Bloomington Heights subdivision and all street paving within Bloomington Heights subdivision, and all sidewalks in the Bloomington Heights subdivision. 2. PLAT: Bloomington Court is to be a replat of Lot 32 and Outlot "C" of Bloomington Heights Plat 5. A copy of that plat as it appears in the abstract is attached hereto, and should be reviewed for setback requirements, easements, location, area, access to public streets and other matters affecting the property. 3. EASEMENTS: Please note the following: a. Overland Flowage Easement shown granted to the City of Ames, Iowa, recorded as Instrument No. 96-01559 in the Story County,Iowa records,which affects Lot 32. b. Sanitary Sewer Easement granted to the City of Ames, Iowa, recorded as Instrument No. 96-01562 of the Story County,Iowa records,which affects Lot 32. t- 1344t) (4) 4. SEARCHES: No new searches have been made against anyone outside the chain of title. There appears no liens against the present titleholder except as may be noted in this opinion. 5. REAL ESTATE TAXES: All real estate taxes for fiscal years through fiscal year 1995/96 have been paid. 6. ZONING: The property under examination is subject to the zoning ordinances of the City of Ames,Iowa. GENERAL EXCEPTIONS: There are certain matters which cannot be ascertained from an examination of the abstract and which may affect your use of, enjoyment of and rights in and to the real estate under examination. Accordingly, this title opinion is subject to and you must take notice of the following: a. Matters which would be revealed by an accurate survey and inspection of the premises such as encroachments, overlaps, and boundary line disputes. Further, access to public streets and the correctness of lot area and boundary lines cannot be not assured by this opinion. b. You are charged with notice of the rights of persons in possession of the real estate or any portion thereof. C. The real estate under examination is subject to the zoning ordinances of the city or county stated above. You should determine whether the real estate complies with the applicable zoning ordinances. d. Persons furnishing labor or materials for improvement of the real estate within the last 90 days may be entitled to file a mechanic's lien if not paid. In such event,your lien or title may be subject to such mechanic's lien. e. Special assessments, preliminary assessments, and deficiency assessments are a lien from certification by the city or the county or other taxing jurisdiction to the County Treasurer. The lien for such assessments has priority equivalent to real estate taxes. Such a lien may not be shown in the abstract but may attach against the real estate for work preliminarily approved by the City Council. f. Charges for certain municipal services provided by a city prior to your ownership, such as solid waste and sewage disposal, may be a lien against the real estate when certified to the County Treasurer's Office. Such a lien has priority equivalent to real estate taxes. g. The abstract does not disclose the existence of hazardous substances,hazardous waste, hazardous materials, pollutants, contaminants, underground storage tanks, drainage wells, active or abandoned water wells and other environmentally-regulated activities. You are cautioned that federal, state and local legislation may permit injunctive relief, and require removal and remedial actions, or other clean up, and may create a lien for the same. h. Searches for judgments by the abstracter are limited to a ten-year period, however, certain installment judgments such as child support and alimony rendered in a decree of dissolution more than ten years ago are a lien on the real estate of the obligor for ten years after the installment becomes due. Very truly yours, remy C. harpe or the Firm JCS/fin d:\19515\100\b1oom\amespt5.doc -2- 9�- 13449 (6) ;a p- AW FEe"r-T SWMI L YYMAE KAI�P,�,4. sill AD 1.7 IL Li•� 3: IL-. # R N i� i�P, t 11t,{� s• ` —f d � � �•. rria doom f w I h a gg f.. } }} 1 t �. Q7 l i g t �} ( • � ,.4f Y"bl Rill 41 Is fit POW 1 '�t►� t �,ral• •`arjLe taaa rta r a `e`a r, `,wr `,a lace 1� ara+'.' EA � a i ► a a 1 ► t A �� •oft (.z...' -- --may- arrrMAY iHva� _-_..._ IIi .11 96� 13449(6