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Home My WebLink AboutA005 - Title Opinion dated March 17, 2004 - Parcel B AHLERS :6 COONEY, P.C. 100 COURT AVENUE.SUITE 600•DES MOINES,IOWA 50309-2231•PHONE:515-243-7611 •FAX:515-243-2149•WWW.AHLERSLAW.COM JOHN F.MCKINNEY,JR. WADE R.HAUSER III R.MARK CORY PATRICIA A.WESTEMEYER OF COUNSEL RICHARD G.SANTI WILLIAM J.NOTH RONALD L.PEELER DANIELLE JESS HAINDFIELD KENNETH H.HAYNIE EDGAR H.BITTLE DAVID SWINTON ANDREW J.BRACKEN JAMES R.WAINWRIGHT H.RICHARD SMITH LANCE A.COPPOCK LINDA L.KNIEP STEVEN L.SERCK J.ERIC BOEHLERT ROBERT G.ALLBEE DAVID H.LUGINBILL JOHN D.HINTZE STEVEN M.NADEL ANDREW T.TICE RONALD L.SUTPHIN SERGE H.GARRISON MARK W.BEERMAN PETER PASHLER ELIZABETH A.GROB COLIN J.WITT DOUGLAS R.SMITH EDWARD W.REMSBURG IVAN T.WEBBER JENNIFER A.CLENDENIN MICHAEL M.GALLOWAY RANDALL H.STEFANI JANE B.MCALLISTER NATHAN J.OVERBERG GORDON D.G n PHILIP J.DORWEILER,Retired ELIZABETH GREGG KENNEDY JAMES C.HANKS JOHN H.BUNZ _ 11 PAUL F.AHLERS(1913-2002) _. JAMES EVANS COONEY(1917-1998) �I b 2004 March 17, 2004 Cv%d CL A FEDERAL EXPRESS e9 c, ;gES,100 City of Ames Ames Community School District Attn: City Clerk Attn: W. Ray Richardson, Superintendent 515 Clark Avenue 415 Stanton Avenue Post Office Box 811 Ames, IA 50010 Ames, IA 50010-0811 Re: Our Final Title Opinion No. 3819 Legal Description: Parcel B being a portion of the S%2 of the S%2 of the NE'/4, the SE'/4 of the SE'/4 of the NW1/4, and a portion of the NEI/4 of the SEI/4 of the NEI/4, all located in Section 8, Township 83 North, Range 24 West of the 5`'P.M., City of Ames, Story County, Iowa, as shown on the "Plat of Survey" recorded in the office of the Recorder, Story County, Iowa on April 24, 2000 as Instrument No. 00-04163 on Slide 64 Page 4. We have examined the abstract of title to the property legally described above, last certified to March 5, 2004 at 8:00 a.m. by Abstract and Title Services of Story County. Based on the abstract it is our opinion that as of the time last mentioned marketable fee title to the property was vested in: Ames Community School District subject to the Special Exceptions and Standard Exceptions noted on the attached schedules. WISHARD&BAILY-1888:GUERNSEY&BAILY-1893;GAILY&STIPP-1901;STIPP.PERRY,BANNISTER&STARZINGER-1914;BANNISTER,CARPENTER, Pr p,e 7 AHLERS&COONEY-1950:AHLERS,COONEY.DORWEILER,ALLBEE.HAYNIE&SMITH-1974;AHLERS,COONEY,DORWEILER,HAYNIE.SMITH&ALLBEE.P.C.-1990 1 '�``�J March 17, 2004 Page 2 The abstract reports no holders of mortgages, liens or encumbrances other than utility easements which are not construed as encumbrances for purposes of platting as per Iowa Code § 354.11. Very truly yours, AHLERS & COONEY, P.C. Jane B. McAllister JBM:dIj Enclosures: Special Exception Schedule Standard Exception Schedule cc + enc: Kurt Subra Tom Penney DJEFFRIES\405398\I\10164000 Final Title Opinion No. 3819 Schedule of Special Exceptions 1. EASEMENT: At Entry No. 5 of Continuation No. 57266 the abstractor shows an easement for sanitary sewer in favor of the City of Ames, Iowa recorded in Book 95 at Page 99 of the county records. 2. EASEMENT: At Entry No. 8 of Continuation No. 57266 the abstractor shows an easement for buried telephone cable in favor of Northwestern Bell Telephone Company recorded in Book 120 at Page 443 of the county records. 3. EASEMENT: At Entry No. 49 of Abstract 57263 the abstractor shows an easement for sanitary sewer in favor of the City of Ames, Iowa recorded in Book 51 at Page 289 of the county records. 4. EASEMENT: At Entry No. 54 of Continuation No. 57263 the abstractor shows an easement for buried telephone cable in favor of Northwestern Bell Telephone Company and Iowa State University recorded in Book 120 at Page 443 of the county records. 5. ZONING: The property is subject to a zoning ordinance in Ames, Iowa. For further particulars as to zoning you should contact city zoning officials. 6. TAXES: At Entry No. 69 the abstractor reports the fiscal year 2002/2003 taxes payable in the next fiscal year are as follows: First Installment - $439 - Paid Second Installment - $439 - Paid DJEFFRIES\405403\1\10164000 -1- Pie. tl Final Title Opinion No. 3819 Schedule of Standard Exceptions This is a Final Title Opinion given subject to the reservations and limitations set forth in the abstractor's certificate, and is rendered for the use and reliance by the addressee only. You should determine whether any solid waste, 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 clean up 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. We do not advise with reference to boundaries as they actually exist, the rights of third parties in possession of all or any part of the premises, nor with reference to the possibility of unfiled mechanics' liens for improvements within the last 90 days. Because judgment lien searches extend back only ten years,judgments with installments due within the past ten years may be a lien on the property, although not shown in the abstract. DJEFFRIES\405404\1\10164000 pie ►z