HomeMy WebLinkAboutA001 - Title Opinion dated July 19, 2004f
t
c HOGAN LAW OFFICE
3101 INGERSOLL AVENUE
DES MOINES, IOWA 50312
(515) 279-9059
FAX (515) 277-5836
TIMOTHY C. HOGAN
NATHAN J. BARBER
RAEANN M.GUNS
July 19, 2004
City of Ames
515 Clark Street
Ames, Iowa 50010
RE: Bloomington Heights West Plat 3
Gentlepersons:
Pursuant to Iowa Code § 354 . 11 (3) (2003) , I have examined the
abstract of title showing record title from the government entry
and the root of title to and including July 13, 2004 at 8: 00 A.M. ,
for the real estate located in Story County, Iowa and described as
follows:
Outlot "Y" in BLOOMINGTON HEIGHTS WEST PLAT 2 , an
Official Plat in the City of Ames, Story County, Iowa.
As of the date of the last continuation of the abstract, I certify
that record title to the real estate is vested in
AMES LAND COMPANY, L.L.C. ,
an Iowa limited liability company,
subject to the following:
1. Pursuant to Iowa Code § 354 . 11 (3) (2003) , I certify that
there are no mortgages, liens, or other encumbrances on the real
estate hereinabove described, except for:
Mortgage. There is a mortgage executed by Ames Land
Company, L.L. C. in favor of First National Bank, Ames,
Iowa in the original principal amount of $1, 700, 000.00
dated August 27 , 2000 and recorded May 1, 2000 in the
office of the Recorder of Story County, Iowa as
Instrument No. 00-04519 .
2 . Real estate taxes for the fiscal year 2002-2003 and all
prior years are shown as paid in full on the property. The
property is assessed as P-05-28-200-430.
Insofar as this opinion is prepared pursuant to Iowa Code §
354 . 11 (3) (2003) , certain items such as utility easements have been
omitted from this opinion. This opinion is given strictly for
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City of Ames
July 19, 2004
Page -2-
platting purposes, and no opinion is expressed herein with respect
to utility easements or similar matters that affect the property
under examination herein.
In issuing this opinion, I pass only on the title as shown in the
above-described description. I can give no report on (a) location
of all public utility lines that service the property and the
necessary easements therefor; (b) easements existing by virtue of
usage, as the same does not appear on the abstract; (c) location of
boundary lines; (d) stolen or forged documents; (e) rights of
undisclosed spouses; and (f) rights of parties in possession.
You should ascertain also that no improvements either in the form
of labor or materials, which have been placed on the premises in
the last ninety days, still remain unpaid, as they would constitute
liens without being shown of record.
You should determine whether any solid wastes, 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 cleanup, 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 conditions,
and acquired the property without knowing about it.
No report is made by the abstracter of special assessments not yet
shown on the tax books of Story County, Iowa; and therefore, no
examination is made as to these. Special assessments against any
property within a municipality should be determined by checking
with the City Clerk of said municipality.
This opinion is rendered solely for the benefit of the addressee or
addressees named herein. No other persons shall be entitled to
rely upon the contents of this opinion or the conclusions expressed
herein without the prior written consent of the undersigned
examining attorney.
Sincerely,
Natha J. B er
NJB:rr