HomeMy WebLinkAboutA010 - Attorney's Opinion dated December 30, 2003 Prepared by: Larry R. Curtis 323 Sixth Street P.O. Box 664 Ames IA 50010, (515)232-4732
ATTORNEY'S OPINION
I,LARRY R.CURTIS,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 Pasley and Singer Law Firm, L. L. P.,with
offices at 323 Sixth Street, Ames, Story County, Iowa. I further state that I have examined the
abstract of title to the following described real estate:
See attachment;
from the date of the Root of Title thereof,down to and including the 7'h day of November,2003,as
last certified by Abstract and Title Services of Story County.
Based upon the information within said abstract of title, it is my opinion that the fee simple
title to the property described above is in SOUTHFORK DEVELOPMENT,L.L.C.,an Iowa Limited
Liability Company, and said real estate is free from encumbrances except for the following:
Mortgage to FARM CREDIT SERVICES OF AMERICA,dated May 30,2000,records
of Story County, Iowa, as Instrument No. 00-05849.
Mortgage to FIRSTAMERICAN BANK,Ames,Iowa,dated April 26,2002,records of
Story County, Iowa, as Instrument No. 02-06487.
The property is subject to easements and restrictions of record and the general zoning
ordinances of the City of Ames, Iowa.
Dated this day of December, 2003.
PASLEY INGER LA FIRM, L. L. P.
LARRY R. C TI
323 Sixth Str et, P. O. Box 664
Ames, IA 50010
(515) 232-4732
I
THE PLAT OF SOUTH FORK SUBDIVISION SECOND ADDITION WHICH IS OUTLOT"Q"OF
PLAT 1,SOUTH FORK SUBDIVISION,AN OFFICIAL PLAT OF AMES,STORY COUNTY, IOWA
IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 83 NORTH, RANGE 24
WEST OF THE 5th P.M., IN THE CITY OF AMES,STORY COUNTY,IOWA MORE ACCURATELY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8;
THENCE S 00010'10" E ALONG THE EAST LINE OF EET TO THE SOUTHEAST CORNER THE SOUTHEAST QUARTER OF THE
F THE
NOR QUARTER, SOUTHOEAST QUARTER OF THE NORTHWEST QUARTOER OF
NORTHEAST QUARTER OF THE
SAID SECTION 8;
THENCE N 89017'01" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF
661.29 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8;
THENCE S 00027'42" E ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8,A DISTANCE OF
664.20 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST 00 25 TW AER OF THE LONG HE SOUTH RTHWE LINQUARTER O
F SAID SECTION 8;
THENCE N 89 E OF THE SOUTHWEST QUARTER OF THE
ER
F THE
RTHWEST
UARTER
F SAID
SOUTHEASTFEET TOT HETSOUOTHW SOUTHWEST CORNER OFQTHE SOUTOHEAST QUARTOER OF THIETANCE OF
669.3
NORTHWEST QUARTER OF SAID SECTION 8;
THENCE N 000 10'07" W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8,A DISTANCE OF 1322.64 FEET TO THE
NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 8;
THENCE S 890 16'34" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8,A DISTANCE OF 257.66 FEET TO THE
NORTHWEST CORNER OF LOT 36 OF SOUTH FORK SUBDIVISION PLAT 1,AN OFFICIAL PLAT
OF AMES,STORY COUNTY,IOWA;
WEST LINE OF SAID LOT 36,A DISTANCE OF 170.37 FEET
THENCE S 00045'23" W ALONG THE
TO THE SOUTH RIGHT OF WAY LINE OF MARIGOLD DRIVE;
THENCE S 890 16'35" E ALONG THE SAID RIGHT OF WAY LINE,A DISTANCE OF 35.68 FEET TO
THE NORTHWEST CORNER OF LOT 35 OF SAID SOUTH FORK SUBDIVISION PLAT I;
THENCE S 00043'26" W ALONG WEST LINE OF SAID LOT 35,A DISTANCE OF 118.54 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 35;.
THENCE S 82022'35" E ALONG THE SOUTH LINE OF LOT 35,LOT 34,AND LOT 33 OF SAID
SOUTH FORK SUBDIVISION PLAT 1,A DISTANCE OF 248.75 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 33;
THENCE N 03013'06" E ALONG THE EAST LINE OF SAID LOT 33,A DISTANCE OF 34.43 FEET
TO THE SOUTHWEST CORNER OF LOT 32 OF SAID SOUTH FORK SUBDIVISION PLAT 1;
THENCE N 81008'03" E ALONG THE SOUTH LINE OF SAID LOT 32,A DISTANCE OF 127.65
FEET TO THE SOUTHEAST CORNER OF SAID LOT 32;
THENCE SOUTHERLY ALONG A 344.87 FEET RADIUS CURVE CONCAVE NORTHERLY WITH
A CHORD LENGTH OF 71.78 FEET AND A CHORD BEARING OF S 31028'33" E ALONG THE
WEST RIGHT OF WAY LINE OF DOTSON DRIVE,A DISTANCE OF 71.91 FEET;
THENCE N 52030'45" E,A DISTANCE OF 66.00 FEET TO THE SOUTHWEST CORNER OF LOT 31
OF SAID SOUTH FORK SUBDIVISION PLAT 1;
THENCE N 71022'41" E ALONG THE SOUTH LINE OF SAID LOT 31,A DISTANCE OF 116.73
FEET TO THE SOUTHEAST CORNER OF SAID LOT 31;
THENCE SOUTHERLY ALONG A 86.00 FEET RADIUS CURVE CONCAVE NORTHERLY WITH A
BEARINGS 57°45'49" E,A DISTANCE OF 94.55
CHORD LENGTH OF 89.86 FEET AND A CHORD
FEET;
THENCE S 89014'35" E,A DISTANCE OF 124.90 FEET;
THENCE N 00044'02" E ALONG THE EAST LINE OF LOT 27 OF SOUTH FORK SUBDIVISION
PLAT 1,A DISTANCE OF 121.07 FEET TO THE SOUTH RIGHT OF WAY LINE OF MARIGOLD
DRIVE;
THENCE S 89026'29" E ALONG SAID RIGHT OF WAY,A DISTANCE OF 25.65 FEET;
THENCE N 00039'52" E ALONG EAST LINE OF LOT 26 OF SAID SOUTH FORK SUBDIVISION
PLAT 1,A DISTANCE OF 159.81 FEET TO THE NORTHEAST CORNER OF SAID LOT 26;
THENCE N 16055'12" E,A DISTANCE OF 16.67 FEET TO THE SOUTHWEST CORNER OF LOT 13
OF SAID SOUTH FORK SUBDIVISION PLAT l;
THENCE S 890 16'53" E ALONG THE SOUTH LINE OF SAID LOT 13 AND PART OF LOT 12 OF
SAID SOUTH FORK SUBDIVISION PLAT 1,A DISTANCE OF 227.65 FEET;
THENCE S 00009'43" E ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8,A DISTANCE OF 5.50 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL
EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 24.95 AREAS MORE OR LESS.