HomeMy WebLinkAboutA014 - Attorney's Opinion dated June 7 , 2002 r " i
ATTORNEY'S OPINION
I, Craig R. Hastings, hereby state that.l am an Attorney at Law, duly
admitted to the practice of law in the State of Iowa, and a member of
the firm of Hastings & Gartin, LLP, with offices at 409 Duff, Ames, Iowa 50010.
I further state that I have examined the Abstract of Title to the following
described real estate, located in Story County, Iowa:
The Real Estate described on the attached Exhibit A
from the date of the root of title thereof, down to and including May 28,
2002, at 8:00 A.M., which abstract was last certified by Iowa Title Company.
The real estate has been subdivided and is now to be known as South
Gateway Development, Ames, Iowa.
Based upon information within the Abstract of Title, It is my opinion
that the fee simple title to said real estate is in SOUTH DAYTON
DEVELOPMENT, L.C., HICKORY PARK, INC. and SCOTT E. RANDALL, and
that said real estate is free from all encumbrances excepting, however,
the following:
a. Mortgage to Wells Fargo Bank Minnesota, N.A. dated September
10, 2001, and recorded on October 2, 2001 as Inst. No. 01-13476 of
the records of the Story County Recorder.
b. Mortgage to Commercial Federal Bank FSB dated November 6,
2001, and recorded on November 13, 2001 as Inst. No. 01-15610 of
the records of the Story County Recorder.
C. Mortgage to First American Bank dated July 9, 2001, and recorded
on July 9, 2001 as Inst. No. 01-09072 of the records of the Story-County
Recorder. -
It is my opinion that the real estate is further subject to easements and
restrictions of record and the Zoning and Land Use Ordinances of Ames,
Iowa.
Pie 1 z-
Dated this day of 1u_i4e ____, 2002.
Hastings & Gartin, LLP
by
l
Craig R. Hastings
409 Duff
Ames, IA 50010
(515)232-2501
pie 13
EXHIBIT A
LEGAL DESCRIPTION
A replat of Parcels B and C of the Southeast Quarter and Lot 1 of Wheelock
Subdivision of the Southwest Quarter of the Southeast Quarter all in Section 12,
Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County,
Iowa being more particularly described as follows: Beginning at the Southwest
Corner of the Southeast Quarter of the Southeast Quarter of said Section 12; thence
N00°15'03"W, 75.00 feet to the Southwest Corner of said Parcel B, said point
being on the north right of way line of South 16th Street; thence S89048'46"E,
1251.53 feet along said line to the Southeast Corner of said Parcel -B, said point
being on the west right of way line of South Dayton Avenue; thence
N00 26'59"W, 2553.50 feet along said line to the Northeast Corner of said Parcel
C, said point being on the north line of the Southeast Quarter of said Section 12;
thence S89050'19"W, 1242.63 feet to the Northwest Corner of said Parcel C, said
point also being the Northwest Corner of the Northeast Quarter of the Southeast
Quarter of said Section 12; thence S00015'03"E, 1341.11 feet along the west line
of said Parcel C to the Northeast Corner of said Lot 1 and the beginning of a curve;
thence southwesterly and southerly, 651.80 feet along said curve having a radius of
1005.00 feet, concave to the east, and a central angle of 37°09'35" and being
subtended by a chord which bears S18035'04"W, 640.44 feet; thence S00015'03"E,
672.03 feet to the. Southwest Corner of said Lot 1, said point being on the south
line of said Section 12; thence S89048'46"E, 206.77 feet to the point of beginning,
containing 78.14 acres which includes 0.33 acres of existing public right of way.