HomeMy WebLinkAboutA009 - Attorney's Title Opinion by David W. Benson Attachment
AIRPORT ROAD SUBDIVISION, SECOND ADDITION,
AMES, STORY COUNTY, IOWA
ATTORNEY'S TITLE OPINION
I, David W. Benson, the undersigned, state:
1. I am an attorney licensed to practice in the State of Iowa and my principal
place of business is located at 1416 Buckeye Ave., Suite 2000 Ames, IA 50010-8070
(Telephone: 515-233-3000).
2. Pursuant to section 354.11 of the Code of Iowa, I have examined the
abstract of title to the real property described in the attached subdivision plat to be known
as Airport Road Subdivision, Second Addition,Ames, Story County, Iowa.
3. Based on such examination, I find that fee simple title to said real property
is vested in:
AIRPORT ROAD DEVELOPERS, L.C.
4. Based on such examination, I find that there are no holders of mortgages,
liens, or other encumbrances on said real property being platted. The real estate is
subject to the following:
(a) A perpetual easement has been reserved to the City of Ames, Iowa, over
the real estate for the "right of flight for the passage of aircraft in the air
space above the surface of the (real estate)" and is more fully described in
that special warranty deed filed in the office of the Recorder of Story
County, Iowa, on November 2, 1964, and recorded in Book 126 at Page
469.
(b) Restrictive covenants in favor of the City of Ames, Iowa, have been
imposed upon the real estate which state that "no activity shall be
conducted or permitted on the real estate which would interfere with the
landing or taking off of aircraft at the Ames Municipal Airport" and are
more fully described in that special warranty deed filed in the office of the
Recorder of Story County, Iowa, on November 2, 1964, and recorded in
Book 126 at Page 469.
(c) Use restrictions in favor of Bourns, Inc., and its successors and assigns,
have been imposed upon the real estate and are more fully described in the
Special Warranty Deed filed in the office of the Recorder of Story County,
Iowa, on June 20, 1997, and recorded as Instrument No. 97-06207.
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(d) Rights and obligations under certain "Restrictive and Affirmative
Covenants" have been created between Bourns, Inc., and Ford Street
Development Company, L.C., and Professional Development Group,
L.C. and are more fully described in that document filed in the office of
the Recorder of Story County, Iowa, on June 20, 1997, and recorded as
Instrument No. 97-06217.
(e) An perpetual easement has been reserved to the City of Ames, Iowa, upon
the real estate as is more fully described in an Avigational Easement filed
in the office of the Recorder of Story County, Iowa, on January 18, 1999,
and recorded as Instrument Number 99-00732.
Dated 0 , 2003.
David W. Benson, Attorney
STATE OF IO�)WA, COUNTY OF STORY, SS:
On M , 2003, before me, the undersigned, a Notary Public in and
for said State, personally appeared David W. Benson to me known to be the PERSON
named in and who executed the foregoing instrument, and acknowledged that the person
executed the same as the person's voluntary act and deed.
P�pL s STACIE L. COOM4402
o ES
COMP�IISSION NO. 164402
* MY COMMISSION EXPIRES Notary Public
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