HomeMy WebLinkAboutA006 - Attorney's Opinion dated November 26, 2003 ATTORNEY'S OPINION
I,Deborah S.Krauth,hereby state that I am an Attorney at Law,duly admitted to the practice
of law in the State of Iowa,and a member of the firm of Nyemaster,Goode,Voigts,West,Hansell&
O'Brien, with offices at 1416 Buckeye, Ste. 200, Ames, Story County, Iowa. I fiuther state that I
have examined the Abstract of Title to the following-described real estate, to-wit:
A replat of Parcels A,C,Q, and R,all in the Southwest Quarter of the
Northeast Quarter of Section 27,Township 84 North,Range 24 West
of the 5th P.M., City of Ames, Story County, Iowa, being more
particularly described as follows: Beginning at the Center of said
Section 27; thence N00°00'14"E, 1263.78 feet along the west line of
the Northeast Quarter of said Section 27 to the Northwest Corner of
said Parcel Q, said point also being the Northwest Corner of the
Southwest Quarter of the Northeast Quarter of said Section 27;thence
N89°35'12"E, 256.08 feet along the north line of the Southwest
Quarter of the Northeast Quarter of said Section 27; thence
S 19°13'51"W, 48.27 feet; thence S70°46'09"E, 60.00 feet; thence
N19°13'51"E, 5.93 feet to the beginning of a curve;thence northerly,
northeasterly and easterly,3 9.2 8 feet along said curve having a radius
of 25.00 feet, concave to the southeast, and a central angle of
90°01'13",and being subtended by a chord which bears N64°13'42"E,
35.36 feet;thence S70°46'09"E, 5.08 feet to the beginning of a curve
tangent to said line; thence easterly, 78.86 feet along the curve
concave to the north, having a radius of 230.00 feet, and a central
angle of 19°38'38", and being subtended by a chord which bears
S80°35'29"E, 78.47 feet; thence N89°35'12"E, 463.33 feet to the
Northeast Corner of said Parcel C; thence S00°41'46"E, 811.74 feet
along the east line of said parcels C and A to the Southeast Comer of
said Parcel A; thence S88°46'38"W, 654.45 feet along the south line
of said Parcels A and Q to the Northeast Corner of said Parcel R;
thence S00°20'45"E, 379.31 feet to the Southeast Corner of said
Parcel R;thence S88°44'17"W,234.15 feet to the point of beginning,
containing 18.94 acres, which includes 0.18 acres of existing public
right of way,
from the root of the title thereof, down to and including the day of
2003, last certified by Abstract & Title Services of Story County(Iowa
Title Guaranty Division Member #8650). The real estate has now been subdivided and is now
known as KINYON-CLARK SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
IOWA.
Based upon information within said Abstract of Title, it is my opinion that the fee
simple title to said real estate is in:
a. Karl B. Clark, Jr. and Karine A. Clark:
Amended Parcel "A", a part of Lot Nine (9) in Karl Clark's
Subdivision, Story County,Iowa,as shown on Plat of Survey
filed in the office of the Recorder, Story County, Iowa, on
June 27, 1997, as Inst. No. 97-09260, Book 15, Page 40,
AND
Parcel"C",a part of Lot Nine(9)in Karl Clark's Subdivision,
Story County, Iowa, as shown on Plat of Survey filed in the
office of the Recorder, Story County,Iowa,on May 14,2002
as Inst. No. 02-07170, Slide 133, Page 4.
b. Doris L. Kinyon:
Parcel "Q" in the West Quarter (WI/4) of the Southwest
Quarter (SW%4) of the Northeast Quarter (NE'/4) of Section
Twenty-seven(27),Township Eighty-four(84)North,Range
Twenty-four(24)West of the 5th P.M.,Story County,Iowa,as
shown on Plat of Survey filed in the office of the Recorder,
Story County, Iowa, on May 14, 2002 as Inst.No. 02-07169,
Slide 133, Page 2,
AND
Parcel "R" in the West Quarter (W%4) of the Southwest
Quarter (SW'/4) of the Northeast Quarter (NE%4) of Section
Twenty-seven(27),Township Eighty-four(84)North,Range
Twenty-four(24)West of the 5th P.M.,Story County,Iowa,as
shown on Plat of Survey filed in the office of the Recorder,
Story County, Iowa, on June 20, 2003 as Inst.No. 03-12480,
Slide 168, Page 5.
P75 e-S
The real estate is also subject to an agreement between the owners and the City of
Ames,Iowa regarding the subdivision and development of Kinyon-Clark Subdivision dated August
12, 2003 and filed with the Recorder of Story County,Iowa on August 15, 2003 as Instrument No.
03-17030. The real estate is further subject to easements and restrictions of record and zoning
ordinances of the City of Ames, Iowa.
The real estate is free from encumbrances,but is subject to easements and restrictions
of record and to zoning ordinances of the City of Ames, Iowa.
Dated this A.
of c>yVM 'e-V"- , 2003.
NYEMASTER, GOODE, VOIGTS, WEST, HANSELL& O'BRIEN
By ,y
Deborah S: Krauth, Attorney
Iowa Title Guaranty
Division Member#1440
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