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Home My WebLink AboutA008 - Attorney's Opinion dated October1, 2002 PASLEY AND SINGER LAW FIRM, L.L.P. - ESTABLISHED 1906- C. A. PASLEY 323 SIXTH STREET C. H. PASLEY S.A. HOLM 1576 - 1952 JOHN L. TIMMONS P.O. BOX 664 - G. Y JANE M. MATHISON AMES, IOWA 5001 0-0664 R.RETIRED LARRY R. CURTIS ALEX P. GALYON TELEPHONE: (51 5) 232-4732 W. A. SINGER SCOTT L. HIPPEN - FAX: (51 5) 232-4756 RETIRED October 1, 2002 Mark H. Harmison and Elizabeth A. Harmison 2042 S. 500th Street Ames,IA 50010 Re: Preliminary Title Opinion Dear Mr. &Mrs. Harmison: I hereby certify that I have examined the abstract of title, last certified by Abstract and Title Services of Story County, last numbered 0108171091AD, last certified September 14, 2001, at 3:13 P.M.,together with an Addendum to Abstract dated July 29, 2002, at 8:00 A.M., for the following described real estate situated in Story County, Iowa: A replat of a parcel of land in the Northwest Quarter of the Northwest Quarter of Section 18, Township 83 North, Range 24 West of the 5th P.M., Story County,Iowa previously surveyed by R.J. Lubsen in April, 1972, and filed in the office of the Story County Recorder in Book 3, Page 114, and being more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Northwest Quarter of said Section 18; thence N00°00'00"E, 90.80 feet along the west line of said Section 18 to the point of beginning; thence continuing N00°00'00"E, 304.80 feet;thence S89°12'28"E, 842.05 feet;thence S00°33'47"W, 286.82 feet; thence S89°33'59"W, 839.18 feet to the point of beginning, containing 5.71 acres which includes 0.23 acres of existing public right of way; (also described as: Commencing at the Southwest(SW) Corner of the Northwest Quarter(NW1/4) of the Northwest Quarter(NW1/4) of Section Eighteen(18), Township Eighty-three (83)North, Range Twenty-four (24) West of the 5th P.M., Iowa;thence North Ninety and Eight Tenths (90.8) Feet along the West line of said Northwest Quarter(NW1/4) of the Northwest Quarter(NW1/4) of Section Eighteen(18)to the point of beginning;thence North 89034' East Eight Hundred Thirty-nine and Three Tenths (839.3) Feet;thence North 0°35' East Two Hundred Eighty-six and Three Tenths (286.3)Feet; thence North 89°15' West Eight Hundred Forty-two and Three Tenths (842.3) Feet to the West line of said Northwest Quarter(NW1/4) of the Northwest Quarter(NW1/4) of Section Eighteen(18);thence South Three Hundred Four and Eight Tenths (304.8)Feet along said West line to the point of beginning, and containing Five and Seven Tenths (5.7) Acres.) Based solely upon the examination of this abstract I find that, as of the date last mentioned,merchantable title to said real estate was vested in Mark H. Harmison and Elizabeth A. Harmison, Husband and Wife, subject to the following comments and objections: p�,e, y Pasley and Singer Law Firm, L.L.P. Page: 2 October 1, 2002 1. Liens and Mortgages: The abstract, at entry number 50, reveals a Mortgage securing the original amount of$136,000.00 covering the above described property, granted"MERS"Mortgage Electronic Registration Systems, Inc, "Mortgagee" and Principal Residential Mortgage, Inc. "Lender"by Mark H. Harmison and Elizabeth A. Harmison,husband and wife, dated September 14, 2001, filed September 14, 2001, at Instrument No. 01-12580, records of the Story County Recorder. This mortgage remains unreleased of record and is therefore a valid first lien against said property. The abstract, at entry number 51, reveals a Mortgage securing the original amount of$17,000.00 covering the above described property,granted Principal Bank by Mark H. Harmison and Elizabeth A. Harmison, husband and wife, dated September 7, 2001, filed September 14, 2001, at Instrument No. 01- 12581, records of the Story County Recorder. This mortgage remains unreleased of record and is therefore a valid junior lien against said property. 2. Taxes: The abstract discloses the following status: All paid, except as hereinafter shown: Story County Treasurer's Parcel No.: 09-18-100-155 Story County Treasurer's Owner Identification No.: 30546 Real Estate, for the fiscal year beginning 7/l/2000 and ending 6/30/2001: First half, delinquent after 9/30/2001,paid in the amount of$638.00. Second half, delinquent after 3/31/2002, unpaid in the amount of$638.00. 3. Easements, Covenants and Restrictions upon use: The abstract, at entry number 42, reveals a limited easement for water pipeline utility purposes granted Zenia Rural Water District, its successors and assigns, covering the above described property, and granting the right to place and maintain a water pipeline on the area of the property within 30 feet of the existing road right-of-way. The easement is filed of record at Instrument No. 97-09118, records of the Story County Recorder and for further particulars you are referred to the easement filed of record. 4. Zoning: The abstract does not disclose the current zoning classification for the above described property. The current zoning status will restrict its use and occupancy accordingly and for further particulars you are referred to the Zoning Administrator for the City of Ames, Iowa. 5. Personal Lien Searches: The abstract discloses that personal lien searches have been performed against all necessary parties within the chain of title, including the current property owners, Mark H. Harmison and Elizabeth Harmison. No judgments, personal liens, unresolved bankruptcy proceedings or other actions affecting clear title to the above described property were reflected, except as previously stated above. Pc�5-e S r a Pasley and Singer Law Firm, L.L.P. Page: 3 October 1, 2002 By way of general cautions and concerns,you should take notice of the rights of all persons who may have possession of said property (renters, etc.). Also, you should take notice of the rights of all persons who have furnished labor or material for the improvement of the property within the last ninety days. Bills for material and labor provided for the improvement of the property could become liens and not necessarily appear in the abstract. You should find out if any work or repairs have been done on the property, and, if so, satisfy yourself that the bills for the same have been paid. You should also satisfy yourself of the location of the boundary lines and the location of all improvements, buildings or driveways which may encroach upon them. A survey would ascertain this. You should also determine whether any solid wastes,.hazardous substances, pollutants, above or below ground storage tanks, drainage wells, water wells, landfill sites or other environmentally regulated conditions exist on the property. Such conditions are not ordinarily shown in the abstract, but they may result in injunctions, fines, required cleanup, or other remedial actions under federal, state or local laws. These laws may impose liens against the property and personal liability against the owner even though the owner did nothing to create the condition, and acquired the property without knowing about it. No report is made by the abstractor of special assessments not yet shown on the tax books of Story County, Iowa; and therefore, no examination is made as to these. Special assessments against any property within a particular county should be determined by checking with the assessor of said county. Depending upon your status and planned use of the property you may be entitled to a homestead exemption and/or a veteran's exemption against the property taxes on the property. You should apply for these exemptions through the city or county assessor's office, depending on whether the property is located inside the city limits. If you have any questions at all about anything stated in this opinion, give me a call and I will be happy to amplify on it. Thank you for the opportunity to be of service. Sincerely, alexGalyon Attorney at Law Iowa Title Guaranty Division Member No. 7528