HomeMy WebLinkAboutA004 - Attorney's Opinion dated April 29, 2003 NYEMASTER, GOODE, VOIGTS, WEST,
HANSELL & OBRIEN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
L.R.VOIGTS GREGORY B.WILCOX BARRY J.NADLER BRADLEY R.KRUSE 700 WALNUT,SUITE 1600
JAMES B.WEST JOHN F.LORENTZEN DAVID W.BENSON PATRICK B.WHITE DES MOINES,IOWA 50309-3899
EDGAR F.HANSELL ROD KUBAT BRIAN J.HUMKE STEPHANIE G.TECHAU
R.CRAIG SHIVES SFEVEN J.ROY DEBORAH S.KRAUTH (515)283-3100
LAWRENCE E.MYERS FRANK B.HARTY PAULA S.DIERENFELD
KEIPH E.LUCHTEL JAMS C.WINE COREEN K.SWEEISM of COUNSEL 1416 BucKEYE AvEwE,Surm 200
GERALD J.NEWBROUGH BRUCE W.BAKER ANTONIO COLACINO SAMUEL G.O BRIEN
ROBERT A.VANORSDEL THOMAS W.FOLEY JILL M.STEVENSON JOHN J.MCLAUGHLEV A EEs,IOWA 50010-8070
RICHARD J.SAPP STEVEN H.LYTLE ANGEL A.WEST DREW R.TILLOTSON
G.R.NEUMANN TERRY C.HANCOCK ANGELA L.WATSON COOK FRANK B.COMFORT (515)233-3000
RUSSELL E.SCHRAGE ANTHONY A.LONGNECKER KERI K.FARRELL-KOLB DON MUYSKENS
CARLTON T.KING JOSEPH A.QUINN MARY E.FUNK ROGER L.FERRIS FACSIMILE
GREGORY P.PAGE WADE H.SCHUT DARCA L.BOOM LUTHER L.HILL,JR.
RANDALL G.HORSCMANN MARK D.ALJEIS DEBRA L.HULEIT JAd>ES R.MUMFORD (515)283-3108
JAY EATON G.THOMAS SULLIVAN JOHN T.CLENDENIN
BURNS MOSSMAN THOMAS H.WALTON AMY L.BENTLER WRITER'S DIRECT DIAL NUMBER
BRADFORD L.AUSTIN WILLARD L.BOYD IT NEAL K.WESTIN
SARA J.SERSLAND JEFFREY W.COURTER STEPHANIE L.MAREIT RAY 1914 NYE1 9 SR (515)283-3132
HAYWARD L.DRAPER HALLIE E.STILL-CARLS JORDAN B.HANSELL
MICHAEL W.THRALL L.W."BILL"ROSEBROOK JODI L.AHLMAN D.J.GOODE REPLY TO:
MARK C.DICKINSON TERRY L.MONSON CORY R.HARRIS (1907-2002)
DES MOINES
April 29, 2003
City of Ames, Iowa
City Hall
Ames, Iowa 50010
and
Grand Junction, L.0
c/o Hubbell Realty Company
6900 Westown Parkway
West Des Moines, Iowa 50266
Ladies and Gentlemen:
At your request, we have this date examined abstracts of title to the following described
real estate situated in Story County, Iowa, to-wit:
Lot One (1), in GRAND JUNCTION SUBDIVISION in the City
of Ames, Iowa,
from Root of Title, as defined in Chapter 614 of the Code of Iowa 2003, to March 25, 2003, at
8:00 a.m., as shown by various abstracts of title, concluding with Abstract and Title Services of
Story County, Iowa Abstract#0304161069, consisting of 18 entries; and therefrom, on March
25, 2003, at 8:00 a.m., we find merchantable title to the property under examination as follows:
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APR 2 g 2003
CITY OF AMES, IOWA
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April 29, 2003
Page 2
Beginning at a point which is
242.33 feet North and 64.71
feet East of the Southwest
Corner of Section 2,
Township 83 North, Range
24 West of the 5th P.M. in
the City of Ames, Story
County, Iowa; thence running
Northwesterly along a
circular curve, concave
Southwesterly which is 25
feet radially distant
Northeasterly and concentric
with the centerline of the
Chicago and North Western
Railway Company main track
to the point where said curve
intersects the East line of
Grand Avenue, said curve
having a chord length of
78.25 feet bearing North
26°59'West; thence North
2°15' East 198.2 feet along
the East line of Grand
Avenue, which is 80 feet East
of, at right angles, and
parallel to the centerline of
Grand Avenue, to a point
where said East line
intersects a line 20 feet
radially distant Southerly and
concentric with the centerline
of Chicago and North
Western Railway Company
Spur Track I.C.C. No. 245;
thence along a circular curve
concave Northerly which is
20 feet radially distant
Southerly from the centerline
of said Chicago and North
Western Railway Company
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April 29, 2003
Page 3
spur track, said curve having
a chord length of 220.24 feet
bearing South 71°20' East;
thence South 6°52'West 100
feet, said course being 10 feet
normally distant Westerly,
and parallel to, the West
foundation line of the present
storage building located on
the Froning and Deppe
Elevator Company tract
which lies immediately East
of this parcel; thence North
86'01'East 89.30 feet; thence
South 3°52'East, 21.45 feet;
thence South 3°56'East 64.57
feet; thence South 85°55'
West 264.75 feet to the point
of beginning
(Parcel#1) --DAVID A. SKEI and SUSAN SKEI
a/k/a SUSAN L. SKEI, husband and wife, as
joint tenants with full rights of survivorship,
and not as tenants in common,
Remainder of the pro-
perty under examination
(Parcel#2) -- GRAND JUNCTION, L.C.,
subject to the following, to-wit:
1. At Entry#32 of Batman-Sayers Abstract Company Abstract#41751, there is shown the
Quit Claim Deed, dated March 14, 1966, from the Chicago and North Western Railway Company to
John Skei and Gladys L. Skei, covering Parcel#1, and which includes a reservation by the grantor,
for itself, its successors and assigns, of an easement for driveway purposes upon the following
described portion of the property under examination, to-wit:
Beginning at a point 340.80 feet North and 233.70 feet East of the
Southwest corner of said Section 2; then North 86'01'East, a
distance of 89.30 feet; thence South 3°52' East, a distance of 21.45
feet to a point that is 8.5 feet Northwesterly of, as measured at
right angles from, the centerline of said Railway Company Spur
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April 29, 2003
Page 4
Track I.C.C. No. 248, as now located and established; thence
South 85°09' West, along a line parallel with the centerline of said
Spur Track, to a point on a line that bears South 6°52'West from
the above-described point of beginning; thence North 6°52' East to
the point of beginning.
Also, it is provided in such deed that the grantor reserved unto itself, its lessees, licensees,
successors and assigns, the right to maintain, operate,use, reconstruct and replace any and all
existing conduits, sewer, water mains, gas lines, electric power lines, communication lines, wires
and other utilities upon said Parcel#1.
In addition, there is included in such Quit Claim Deed the grant to grantees, their heirs
and assigns, of easements for driveway purposes upon the following described real estate, to-wit:
Beginning at a point 340.80 feet North and 233.70 feet East of the
Southwest corner of said Section 2; thence North 86'01'East, a
distance of 89.30 feet; thence North 3°52' West, a distance of 17
feet, more or less, to a point that is 5 feet Southwesterly, as
measured at right angles from, the Southerly building line of a
storage building presently owned by Froning &Deppe Elevator;
thence Northwesterly, along a line parallel with the said Southerly
building line, to a point on a line that bears North 6°52' East from
the above-described point of beginning; thence South 6°52'West, a
distance of 33 feet, more or less, to the point of beginning.
and
A strip of land 20 feet in width, adjoining and lying 20 feet
Northeasterly of, as measured radially from, the following
described line: Beginning at a point which is 242.33 feet North
and 64.71 feet East of the Southwest Corner of Section 2,
Township 83 North, Range 24 West of the Fifth Principal
Meridian, said point being 25 feet Northeasterly of, as measured
radially from, the centerline of the Chicago and North Western
Railway Company's main track, as now located and established;
thence Southeasterly, along a line parallel with the centerline of
said main track to a point on the North line of Lincoln Highway
(U.S. Route No. 30), said point being the end of the specifically
described line, said strip of land being bounded on the North by the
South line of the above first described parcel of land to be
conveyed and bounded on the South by the North line of
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April 29, 2003
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said Lincoln Highway.
In our opinion, these driveway easements are not covered by the above-mentioned abstracts of
title, so that we are unable, in this opinion, to opine with respect to the merchantability of the
title to such appurtenant easements.
For further particulars, see this Quit Claim Deed, which was filed for record in the office
of the Recorder of Story County, Iowa on April 5, 1966, in Book 1 0, at Page 4*7.
2. At Entry#46 of Batman-Sayers Company Abstract#19510A, there is shown a
Mortgage, dated July 5, 1994, from David A. Skei and Susan L. Skei, husband and wife, to South
Story Bank and Trust, covering Parcel#1, together with the appurtenant driveway easements
described in Paragraph 1 above, and given to secure payment of the sum of$49,500.00 in
accordance with the terms of a promissory note of even date therewith. It appears, from the
abstracts of title, that this Mortgage remains unsatisfied of record. For further particulars, see
this Mortgage, which was filed for record in the office of the Recorder of Story County, Iowa, on
July 6, 1994, as Instrument#%4;=762.8.__A
3. At Entry#47 of Batman-Sayers Abstract Company Abstract#19510A, there is shown
an Easement, dated December 2, 1994, from Gary D. Sims and Carolyn Sims, husband and wife,
to David Skei and Susan Skei, granting to the owners of Parcel#1 a specified access easement
over adjoining property to Lincoln Way. For further particulars, see this Easement, which was
filed for record in the office of the Recorder of Story County, Iowa on February 3, 1995, as
Instrument#95-.0089.6;
At Entry#49 of Batman-Sayers Abstract Company Abstract#23068A, there is shown
an Agreement for Termination and Substitution of Easement, dated April 3, 1996,by and
between Hubbell Realty Company and David Skei and Susan Skei, husband and wife, whereby
there was substituted for the access easement mentioned above a specified easement for access to
Parcel#1 from Gilbert Street. For further particulars, see this Agreement, which was filed for
record in the office of the Recorder of Story County, Iowa on April 8, 1996, as Instruments 96.-,
At Entry#50 of Batman-Sayers Abstract Company Abstract#23068A, there is shown
an Assignment of Agreement For Termination And Substitution Of Easement, dated April 16,
1996, from Hubbell Realty Company to Grand Junction, L.C., whereby the last above-described
Agreement was assigned to said assignee. For further particulars, see this Assignment, which
was filed for record in the office of the Recorder of Story County, Iowa on April 17, 1996, as
Instrument#96-03432—..-
4. At Entry#29 of Batman-Sayers Abstract Company Abstract#18317A, there is shown
a Right-of-Way Permit and Easement, dated May 19, 1989, from Gary D. Sims to the City of
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April 29, 2003
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Ames, Iowa, granting to said City a perpetual right to construct, reconstruct, clean up, operate,
maintain and cover over and repair a Sanitary Sewer Easement upon,under and across the
following described real estate, to-wit:
Commencing at an iron pin on the North right-of-way line of
Lincoln Way 98 feet East and 33 feet North of the Southwest
Corner of Section 2, T83N, R24W, of the 5th P.M. in the City of
Ames, Story County, Iowa; thence continuing along said North
right-of-way line North 58'15'07" West, 12.0 feet to the point of
beginning of a 10-foot wide easement, 5 feet on each side of the
following described line; thence North 67°32'33" East, 132.14 feet;
thence North 04°17'23" East, 3 9.0 feet; thence North 12°24'28"
East, 76.12 feet; thence North 07°46'53" East, 47.8 feet.
For further particulars, see this Right-of-Way Permit and Easement, which was filed for record in
the office of the Recorder of Story County, Iowa on May 22, 1989, in Book 279. at Pa W-32-2._
At Entries #23 through#25 of Abstract and Title Services of Story County Abstract
#0304161069, there are shown proceedings of the Ames City Council for the permanent vacation
of the last above-described sewer easement with respect to the following described real estate,
to-wit:
A strip of land 10 feet wide located across that part of Lot 1 of
Grand Junction Subdivision of the SW '/4 SW '/4 of Section 2,
T83N, R24W of the 5th P.M. in the City of Ames, Story County,
Iowa. Said strip of land is centered upon and runs the length of a
line described as follows: Commencing at the Southwest Quarter
of said Section 2; thence S90°00'00"E, 98.06 feet along the south
line of the Southwest Quarter of said Section 2; thence
N00°00'00"E, 33.00 feet to the northerly right-of-way line of
Lincoln Way; thence N58°20'13"W, 12.07 feet; thence
N67°32'33"E, 132.14 feet and the Point of Beginning; thence
N04°17'23"E, 39.00 feet; thence N12°24'28"E, 76.12 feet; thence
N07°46'53"E, 47.80 to the terminus point of said line.
For further particulars, see these council proceedings, which were filed for record in the office of
the Recorder of Story County, Iowa on September 20, 1999, as Instrument9=12995.
5. At Entry#27 of Story County Abstract Company Unnumbered Abstract, there is
shown an Electric Transmission Easement, dated August 21, 1951, from Chicago and North
Western Railway Company to the City of Ames, Iowa, granting to said City a license to
April 29, 2003
Page 7
construct, install, maintain and use an electric transmission line upon and across certain real
estate, including a portion of the property under examination. The Abstracter reports that said
Easement provides, among other things, that the grantor may, at its option and without liability to
the licensee, revoke this license at any time by giving written notice to the licensee, if the
licensee shall use or attempt to use said facility for any other or different purpose than specified,
or if licensee should violate or breach any of the terms and conditions thereof. For further
particulars, see this Electric Transmission Line Easement, which was filed for record in the
office of the Recorder of Story County, Iowa on April 22, 1958, in Book,82A, at Page,,
6. At Entry#28 of Story County Abstract Company Unnumbered Abstract, there is
shown an Easement, dated April 18, 1961, from Chicago and North Western Railway Company
to the City of Ames, Iowa, granting to said City a license to construct, install, maintain and use
an electric transmission line upon and across certain real estate, which may include the property
under examination; however, we are unable to ascertain, from the abstracts of title, the precise
location thereof. The Abstracter reports that said Easement provides, among other things, that
the grantor may, at its option and without liability to licensee, revoke this license at any time by
giving written notice to the licensee, if the licensee shall use or attempt to use said facility for
any other or different purpose than specified, or if licensee should violate or breach any of the
terms and conditions thereof. For further particulars, see this Easement, which was filed for
record in the office of the Recorder of Story County, Iowa on October 17, 1961, in Boo f29=at
Pa 1.
7. At Entry#29 of Story County Abstract Company Unnumbered Abstract, there is
shown a License, dated May 7, 1962, from Chicago and North Western Railway Company to the
City of Ames, Iowa, granting to said City a license to construct, maintain and use a water main
upon certain real estate, which, according to a sketch attached to such License, appears to affect
the property under examination. The Abstracter reports that said Easement provides, among
other things, that the grantor may, at its option and without liability to the licensee, revoke this
license at any time by giving written notice to the licensee, if the licensee shall use or attempt to
use said facility for any other or different purpose than specified, or if licensee should violate or
breach any of the terms and conditions thereof. For further particulars, see this License, which
was filed for record in the office of the Recorder of Story County, Iowa on January 16, 1963, in
Book2, at Pages 8.
8. At Entry#30 of Story County Abstract Company Unnumbered Abstract, there is
shown a License, dated October 13, 1961, from Chicago and North Western Railway Company
to the City of Ames, granting to said City a license to construct, maintain and use a storm sewer
upon certain property, which, according to a sketch attached to such License, appears to affect
the property under examination. The Abstracter reports that said License provides, among other
things, that the grantor may, at its option and without liability to the licensee, revoke this license
at any time by giving written notice to the licensee, if the licensee shall use or attempt to use said
facility for any other or different purpose than specified, or if licensee should violate or breach
Pie I Z
April 29, 2003
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any of the terms and conditions thereof. For further particulars, see this License, which was filed
for record in the office of the Recorder of Story County, Iowa on January 16, 1963, in Boolq!2�
at Pag 66 -8 -
9. At Entry#31 of Story County Abstract Company Unnumbered Abstract, there is
shown a Quit Claim Deed, dated January 31, 1966, from Chicago and North Western Railway
Company to Froning and Deppe Elevator, covering a portion of the property under examination.
The Abstracter reports that said deed reserves unto the grantor, its successors and assigns,
driveway easements upon the following described real estate, to-wit:
Beginning at a point 340.80 feet North and 233.70 feet East of the
Southwest Corner of Section 2; thence North 86'01' East a
distance of 89.30 feet; thence North 3°52' West a distance of 17
feet, more or less, to a point that is 5 feet Southwesterly, as
measured at right angles, from the Southerly building line of a
storage building presently owned by Froning and Deppe Elevator;
thence Northwesterly along a line parallel with the said Southerly
building line to a point on a line that bears North 6°52'East from
the above-described point of beginning; thence South 6°52'West a
distance of 33 feet, more or less, to the point of beginning.
and
Beginning at the Northeast Corner of the above first described
parcel of land to be conveyed; thence South 7°37'West along the
East line of said parcel of land a distance of 69.82 feet to the
Southeast Corner thereof; thence South 85°9'West a distance of
20.02 feet; thence North 23°36' East a distance of 75 feet, more or
less, to the point of beginning.
The Abstracter also reports that,by virtue of said deed, grantor granted to said grantee, its
successors and assigns, easements for driveway purposes upon the following described real
estate, to-wit:
A strip of land 20 feet in width adjoining and lying 20 feet
Northwesterly of, as measured at right angles and radially from the
following described line: Beginning at the Southeast Corner of the
above first described parcel of land to be conveyed; thence South
26°36'West to a point that is 25 feet Northwesterly of, as
measured radially from the centerline of said Railway Company
Spur Track I.C.C. No. 249, as now located and established; thence
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April 29, 2003
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Southwesterly along a line parallel with the centerline of said Spur
Track to the North line of Lincoln Highway(U.S. Route No. 30),
being the end of the specifically described line, extending the
Westerly line of said strip of land to terminate at the North line of
said Lincoln Highway, said strip of land being bounded on the
North by the Southerly line of said first described parcel of land to
be conveyed.
and
Beginning at a point 340.80 feet North and 233.70 feet East of the
Southwest Corner of said Section 2; thence North 86°01' East a
distance of 89.30 feet; thence South 3°52' East a distance of 21.45
feet to a point that is 8.5 feet Northwesterly of, as measured at
right angles from, the centerline of said Railway Company Spur
Track I.C.C. No. 248, as now located and established; thence
South 85°09'West along a line parallel with the centerline of said
Spur Track, to a point on a line that bears South 6°52' West from
the above-described point of beginning; thence North 6°52'East to
the point of beginning.
The Abstracter also reports that there was reserved to the grantor, its lessees, licensees,
successors and assigns, the right to maintain, operate, use, reconstruct and replace any and all
existing conduits, sewer, water mains, gas lines, electric power lines, communication lines,
wires, and sewers and drains, and other utilities upon the property under examination. For
further particulars, see this Quit Claim Deed, which was filed for record in the office of the
Recorder of Story County, Iowa on April 18, 1966, in Book L3—at Page524 4�
10. At Entries #62, #80 and#104 of Batman-Sayers Abstract Company Abstracts
#74595, #74597 and#74596, respectively, there is shown a Mortgage, dated April 16, 1996,
from Grand Junction, L.C. to Brenton Bank, covering Parcel#2, and given to secure payment of
the sum of$1,430,000.00. It appears, from the abstracts of title, that this mortgage remains
unsatisfied of record. For further particulars, see this Mortgage, which was filed for record in the
office of the Recorder of Story County, Iowa on April 17, 1996, as Instrument#96=03433-
At Entries #64, #82 and#106 of the same respective abstracts of title, there is
shown an Assignment of Rents, dated April 16, 1996, from Grand Junction, L.C. to Brenton
Bank, covering rentals from Parcel#2. It appears, from the abstracts of title, that this
Assignment of Rents remains unsatisfied of record. For further particulars, see this Assignment
of Rents, which was filed for record in the office of the Recorder of Story County, Iowa on April
17, 1996, as Instrument#96 G 44-51
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Page 10
11. At Entry#107 of Batman-Sayers Abstract Company Abstract#74596 there is shown
Easements, dated June 5, 1996, by and between Hubbell Realty Company, Doolittle Oil
Company and Long John Silver's, Inc., whereby, among other things, Doolittle and Long John
Silver's granted to Hubbell a perpetual non-exclusive easement for access to Gilchrist Street
over, across and through the following described real estate, to-wit:
Commencing at the Southwest Corner of Section 2, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County,
Iowa; thence S90000'00"E, 537.95 feet along the south line of the
Southwest Quarter of said Section 2; thence N00°O1'29"E, 196.29
feet along the west line of Gilchrist Street and the west line of
Parcel "D" as surveyed and recorded on October 13, 1995 as
Instrument#95-09088 in the office of the Recorder of Story
County, Iowa, to the point of beginning; thence S82°01'23"W, 6.29
feet to the beginning of a curve tangent to said line; thence
westerly, 107.09 feet along the curve concave to the north, having
a radius of 498.59 feet and a central angle of 12'18'24" to a point
on a curve on the northerly line of said Parcel "D"; thence
northeasterly 16.60 feet, along said northerly line, along the are of
said curve concave to the southeast having a radius of 1242.00 feet
and a central angle of 0°45'57"; thence N61°03'35"E, 114.35 feet
to the northeasterly corner of said Parcel "D"; thence S00°08'37"E,
32.30 feet along the easterly line of said Parcel "D" to the northerly
right of way of Gilchrist Street; thence S81°56'46"W, 1.20 feet
along said northerly line; thence S00°01'29"W, 27.32 feet to the
point of beginning.
Hubbell thereby granted to Doolittle and Long John Silver's a perpetual, nonexclusive easement
for access to Lincoln Way over, across and through the following described real estate, to-wit:
The South 50.0 feet of the East 18.0 feet of Parcel "C" in the
Southwest Quarter of the Southwest Quarter of Section 2,
Township 83 North, Range 24 West of the 51h P.M., Ames, Story
County, Iowa, as shown on a Plat of Survey in the office of the
Recorder of Story County, Iowa filed on October 13, 1995, as
Instrument No. 95-09088 in Book 13 of the Certificate and Field
Notes, at Page 139.
For further particulars, see these Easements, which were filed for record in the office of the
Recorder of Story County, Iowa on June 11, 1996, as Instrument#9W-055
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April 29, 2003
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At Entries #31 and#32 of Abstract and Title Services of Story County Abstract
#0304161069, there are shown Notices of Partial Abandonment of an Easement for Access,
dated June 10, 2001 and February 5, 2001, by Doolittle Oil Company and Long John Silver's,
Inc.,whereby there was abandoned and disclaimed from the last above-described access
easement the following described real estate, to-wit:
A strip of land 10 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SW'/4 SW'/4 of Section 2, T83N,
R24W of the 5t'P.M. in the City of Ames, Story County, Iowa,
more particularly described as follows:
Commencing at the Southwest Quarter of said Section 2; thence
S90°00'00"E, 98.06 feet along the South line of the Southwest
Quarter of said Section 2; thence N00°00'00"E, 33.00 feet to the
Northerly right-of-way line of Lincoln Way to the Point of
Beginning; thence S90°00'00"E, 298.01 feet; thence N00°00'00"W,
10.00 feet; thence N90°00'00''W, 314.31 feet; thence S58°20'13"E,
19.12 feet to the Point of Beginning.
and
A parcel of land in Lot 1 of the Grand Junction Subdivision of the
SWl/4 SWl/4 of Section 2, Township 83 North, Range 24 West of
the Fifth Principal Meridian, included in and forming a part of the
City of Ames, Story County, Iowa, described as follows:
Commencing at the SW corner of said Section 2; thence
S89°45'15"E, 81.15 feet along the South line of said SW 1/4; thence
N00°10'45"E, 43.00 feet to a point on the Northerly right-of-way
line of Lincoln Way(US 69) and the Point of Beginning; thence
S89"49'15"E, 251.75 feet along said right-of-way line; thence
NO2°10'35"E, 2.38 feet; thence N89°54'00"W, 80.56 feet;
NO2°10'35"W, 1.00 feet; thence N89°18'50"W, 2.00 feet; thence
S02°10'35"E, 1.00 feet; thence N89°59'12"W, 172.05 feet to a
point on said right-of-way line; thence S58°40'32"E, 3.46 feet
along said right-of-way line to the Point of Beginning.
For further particulars, see these Notices of Partial Abandonment of an Easement for
Access, which were filed for record in the office of the Recorder of Story County, Iowa
on June 12, 2001, as Instruments QQ D 445 and#Olc 0 46.
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April 29, 2003
Page 12
12. At Entry#3 of Batman-Sayers Abstract Company Abstract#75308, there is shown a
Real Estate Contract, dated August 29, 1996, by and between David A. Skei and Susan Skei,
husband and wife, as Sellers, and Grand Junction, L.C., as Buyer, covering Parcel#1. It appears,
from the Abstracts of Title, that this Contract remains unsatisfied of record. For further
particulars, see this Real Estate Contract, which was filed for record in the office of the Recorder
of Story County, Iowa on August 30, 1996, as Instrument#SZ�- 9Y 0q.
13. At Entry#10 of Batman-Sayers Abstract Company Abstract#80155, there is shown
a Memorandum of Lease, dated November 13, 1996, by and between Grand Junction, L.C., as
Landlord, and Hollywood Entertainment Corporation, as Tenant, covering a portion of the
property under examination for a term of ten years, commencing March 12, 1996. It appears,
from the Abstracts of Title, that this Memorandum remains unchanged of record. For further
particulars, see this Memorandum of Lease, which was filed for record in the office of the
Recorder of Story County, Iowa on March 21, 1997, as Instrument#..97=02697.
14. At Entry#12 of Batman-Sayers Abstract Company Abstract#80155, there is shown
a Traffic Signal Easement, dated April 2, 1998, from Grand Junction, L.C. to the City of Ames,
Iowa, granting to said City an easement for the purpose of constructing, maintaining and
operating a traffic signal and related facilities upon, under and across the following described
real estate, to-wit:
Beginning at the Southeast corner of Parcel "F"; thence
N90"00'00"W 48.00 feet along the South line of said Parcel "F";
thence N00°00'00"E 10.00 feet; thence S90°00'00"E 18.00 feet;
thence N90°00'00"E 20.00 feet; thence S90°00'00"E 30.00 feet to
the East line of said Parcel "F"; thence S90°00'00"W 30.00 feet
along the East line of said Parcel "F" to the point of beginning.
For further particulars, see this Traffic Signal Easement, which was filed for record in the office
of the Recorder of Story County, Iowa on April 10, 1998, as Instrument-R$-04340,
15. At Entry#14 of Batman-Sayers Abstract Company Abstract#80447, there is
shown a Street Easement, dated August 9, 1999, from Grand Junction, L.C. and Brenton Bank to
the City of Ames, Iowa, granting to said City a permanent and perpetual easement for street
purposes over and across the following described real estate, to-wit:
A strip of land 10 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SW%a SWl/a of Section 2, T83N,
R24W of the 5t'P.M. in the City of Ames, Story County, Iowa,
more particularly described as follows: Commencing at the
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April 29, 2003
Page 13
Southwest Quarter of said Section 2; thence S90°00'00E, 98.06
feet along the South line of the Southwest Quarter of said Section
2; thence N00°00'00"E, 33.00 feet to the Northerly right-of-way
line of Lincoln Way to the Point of Beginning; thence
S90°00'00"E, 298.01 feet; thence N00°00'00"W, 10.00 feet; thence
N90°00'00"W, 3 14.3 1 feet; thence S58'20'13"E, 19.12 feet to the
Point of Beginning.
For further particulars, see this Street Easement, which was filed for record in the office of the
Recorder of Story County, Iowa on August 30, 1999, as Instrument#99_J!M9_F67
16. At Entry#15 of Batman-Sayers Abstract Company Abstract#80447, there is
shown an Electric Utility and Communications Easement, dated August 9, 1999, from Grand
Junction, L.C. et al to the City of Ames, Iowa, granting to said City a perpetual right to construct
and maintain overhead electrical line not to exceed 69KV over and across the following
described real estate, to -wit:
A strip of land 30 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SW%4 SWl/4 of Section 2, T83N,
R24W of the 5t'P.M. in the City of Ames, Story County, Iowa,
more particularly described as follows: Commencing at the
Southwest Quarter of said Section 2; thence S 90°00'00"E, 98.06
feet along the South line of the Southwest Quarter of said Section
2; thence N00°00'00"E, 33.00 feet to the Northerly right-of-way
line of Lincoln Way; thence N58°20'13"W, 77.31 feet; thence
N01°11'05"W, 170.38 feet to the Point of Beginning; thence
S86°03'49"E, 330.56 feet; thence S85°39'50"E, 104.24 feet; thence
N61°04'16"E, 54.69 feet; thence N85°39'50"W, 150.08 feet; thence
N86°03'49"W, 333.35 feet; thence S0191'05"E, 30.12 feet to the
Point of Beginning.
and
A strip of land 15 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SW/4 SWl/4 of Section 2, T83N,
R24W of the 5 h P.M. in the City of Ames, Story County, Iowa,
more particularly described as follows: Commencing at the
Southwest Quarter of said Section 2; thence S90°00'00"E, 98.06
feet along the South line of the Southwest Quarter of said Section
2; thence N00°00'00"E, 33.00 feet to the Northerly right-of-way
line of Lincoln Way; thence N58'20'13"W, 77.31 feet; thence
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April 29, 2003
Page 14
N01°11'05"W, 170.38 feet; thence S86°03'49"E, 330.56 feet;
thence S85°39'50"E, 104.24 feet; thence N61°04'16"E, 87.95 feet;
thence S00°09'21"W, 17.64 feet to the Point of Beginning; thence
N81057'17"E, 56.60 feet; thence S00010'53"E, 14.71 feet; thence
S81057'17"W, 56.59 feet; thence N00°09'21"E, 14.61 feet to the
Point of Beginning.
Grantor thereby reserved the right to use the surface of the easement area for drives,parking,
sidewalks and landscaping. For further particulars, see this Electric Utility and Communications
Easement, which was filed for record in the office of the Recorder of Story County, Iowa on
August 9, 1999, as Instrument#99=11897
17. At Entry#16 of Batman-Sayers Abstract Company Abstract#80447, there is
shown a Sanitary Sewer Easement, dated July 16, 1999, from Grand Junction, L.C. to the City of
Ames, Iowa, granting to said City a perpetual easement for the construction and maintenance of
a sanitary sewer line over and across the following described real estate, to-wit:
A strip of land 10 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SWl/4 SW'/4 of Section 2, T83N,
R24W of the 5`h P.M. in the City of Ames, Story County, Iowa.
Said strip of land is centered upon and runs the length of a line
described as follows: Commencing at the Southwest Quarter of
said Section 2; thence S90°00'00E, 98.06 feet along the south line
of the Southwest Quarter of said Section 2; thence N00°00'00"E,
33.00 feet to the northerly right-of-way line of Lincoln Way;
thence N58°20'13"W, 12.07 feet and the Point of Beginning;
thence N67°31'10"E, 132.04 feet; thence N05°50'39"E, 197.71
feet; thence N22°38'46"E, 53.53 feet; thence N26°59'17"E, 106.43
to the terminus point of said line.
Grantor thereby specifically reserved the right to construct, repair and maintain driveways,
parking areas, landscaping, signs and a building on and over the surface area of the easement
area. For further particulars, see this Sanitary Sewer Easement, which was filed for record in the
office of the Recorder of Story County, Iowa on August 30, 1999, as Instrument#99=T`1898.
18. At Entry#17 of Batman-Sayers Abstract Company Abstract#80447, there is
shown a Water Line Easement, dated July 16, 1999, from Grand Junction, L.C. to the City of
Ames, Iowa, granting to said City a perpetual easement for the purpose of installing and
maintaining a water line over and across the following described real estate, to-wit:
April 29, 2003
Page 15
A strip of land 10 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SWl/4 SW'/4 of Section 2, T83N,
R24W of the 5t'P.M. in the City of Ames, Story County, Iowa.
Said strip of land is centered upon and runs the length of a line
described as follows: Commencing at the Southwest Quarter of
said Section 2; thence S90°00'00E, 98.06 feet along the south line
of the Southwest Quarter of said Section 2; thence N00°00'00"E,
33.00 feet to the northerly right-of-way line of Lincoln Way;
thence S90°00'00"E, 52.06 feet and the Point of Beginning; thence
N00°00'00"E, 30.37 feet; thence N67°28'20"E, 61.46 feet; thence
N00°00'00"E, 120.90 feet to the terminus point of said line.
The Grantor thereby reserved the right to construct, repair and maintain driveways,parking
areas, landscaping and signs on and over the surface of the easement area. For further
particulars, see this Water Line Easement, which was filed for record in the office of the
Recorder of Story County, Iowa on August 30, 1999, as Instrument:#99=;11899."
19. At Entry#18 of Batman-Sayers Abstract Company Abstract#80447, there is
shown a Storm Sewer Line Easement, dated July 16, 1999, from Grand Junction, L.C. to the City
of Ames, Iowa granting to said City a perpetual easement for the purpose of installing and
maintaining a storm sewer line upon the following described real estate, to-wit:
A strip of land 10 feet wide located across that part of Lot 1 of the
Grand Junction Subdivision of the SWl/4 SW'/4 of Section 2, T83N,
R24W of the 5t'P.M. in the City of Ames, Story County, Iowa.
Said strip of land is centered upon and runs the length of a line
described as follows: Commencing at the Southwest Quarter of
said Section 2; thence S90°00'00"E, 98.06 feet along the south line
of the Southwest Quarter of said Section 2; thence N00°00'00"E,
33.00 feet to the northerly right-of-way line of Lincoln Way;
thence N58'20'13"W, 51.24 feet and the Point of Beginning;
thence N06°04'27"W, 129.20 feet; thence N69°21'24"E, 32.98 feet;
thence N24°52'54"E, 282.77 feet to the terminus point of said line.
The Grantor thereby reserved the right to construct, repair and maintain driveways, parking
areas, landscaping and signs on and over the surface area of the easement area. For further
particulars, see this Storm Sewer Line Easement, which was filed for record in the office of the
Recorder of Story County, Iowa on August 30, 1999, as Instrument#9..__1.1-900 '
April 29, 2003
Page 16
20. At Entry#28 of Abstract and Title Service of Story County Abstract
#0304161069, there are shown proceedings by the City of Ames, Iowa, dated February 7, 2001,
for the condemnation of a highway easement, for the improvement of Lincoln Way and Grand
Avenue intersection, upon the following described real estate, to-wit:
A parcel of land in Parcel "F" now known as Lot 1 of the Grand
Junction Subdivision of the SW'/4 SW'/4 of Section 2, Township 83
North, Range 24 West of the Fifth Principal Meridian, included in
and forming a part of the City of Ames, Story County, Iowa, to-
wit: Commencing at the SW corner of said Section 2; thence
S89°49'15"E, 81.15 feet along the South line of said SW 1/4; thence
N00°10'45"E, 43.00 feet to a point on the Northerly right of way
line of Lincoln Way(US 69) and the Point of Beginning; thence
S89°49'15"E, 251.75 feet along said right of way line; thence
NO2°10'35"E, 2.38 feet; thence N89°54'00"W, 80.56 feet; thence
NO2°10'35"W, 1.00 feet; thence N89°18'50"W, 2.00 feet; thence
S02°10'35"E, 1.00 feet; thence N89°59'12"W, 172.05 feet to a
point on said right of way line; thence S58°40'32"E, 3.46 feet
along said right of way line to the Point of Beginning.
and
A parcel of land in Parcel "F" now known as Lot 1 of the Grand
Junction Subdivision of the SW/4 SWl/4 of Section 2, Township 83
North, Range 24 West of the Fifth Principal Meridian, included in
and forming a part of the City of Ames, Story County, Iowa, to-
wit: Commencing at the SW corner of said Section 2; thence
S89°49'15"E, 33.01 feet along the South line of said SWl/4; thence
N00°59'07"W, 90.49 feet along the existing Easterly right of way
line of Primary Highway No. US 69 (Grand Ave.) to the Point of
Beginning; thence continuing N00°59'07"W, 38.05 feet along said
right of way line; thence N86°11'43"E, 15.59 feet; thence
S33°32'58"E, 16.12 feet; thence S42°53'07"W, 34.99 feet to the
Point of Beginning.
For further particulars, see these condemnation proceedings, which were filed for record in the
office of the Recorder of Story County, Iowa on February 12, 2001, as Instrument#0,1-01546�
21. The Abstracter reports that the property under examination is subject to zoning
ordinances of the City of Ames, Iowa. To ascertain the classification of the property under
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April 29, 2003
Page 17
examination, and use restrictions thereunder, you should consult the Department of Community
Development, Ames, Iowa.
22. The Abstracter report that all real estate taxes on the property under examination
have been paid in full, including the 2001/2002 taxes. It is further reported that such property is
assessed in Ames, as Parcel#09-02-355-046.
23. You are charged with the rights of all parties in possession of the property under
examination, or any part or portion thereof.
24. You should make a careful inspection of the property under examination for the
purpose of locating the boundary lines thereof and ascertaining encroachments, if any. If you are
unable to locate such boundary lines by such examination, then it may be advisable for you to
have a survey made by a competent civil engineer or land surveyor, in order that said boundary
lines may be definitely ascertained and fixed, and any encroachments discovered.
25. You should make such investigation as may be deemed necessary to ascertain
whether or not labor has been performed, or materials furnished, for the improvement of the
subject property within the past ninety(90) days for which payment in full has not been made.
Such unpaid claims may ripen into mechanic's liens, which would not now appear in the
abstracts of title.
26. Abstracts of title do not usually disclose the presence of wells, hazardous waste or
underground storage tanks on the property thereby covered; and you are hereby advised that,
under current law, there may presently exist conditions upon the property under examination, in
violation of such laws, which could result in substantial liens for clean-up expense or personal
liability for such removal. Accordingly, you should make such inquiry and investigation as you
may deem necessary in order to determine the existence of any such conditions concerning the
property under examination.
Respectfully submitted,
NYEMASTER, GOODE, VOIGTS,
WEST, HANSELL & O'BRIEN, P.C.
ZZ
Lawrence E. Myers
Iowa Title Guaranty#1300
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