HomeMy WebLinkAboutA004 - Attorney's Opinion dated October 9, 2006 ATTORNEY'S OPINION
I, Christopher R. Pose, 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 Connolly O'Malley Lillis
Hansen Olson LLP,with offices at 317 6th Ave., Suite 300, Des Moines, Iowa. I further state
that I have examined the Abstract of Title to the following described real estate, to-wit:
See Exhibit "A"
from the root of the title thereof, down to and including the 3rd day of October, 2006, last
certified by Abstract and Title Services of Story County, Iowa(Iowa Title Guaranty Division
Member#3369). The real estate has now been subdivided and is now known as HY-VEE
SUBDIVISION, FIRST ADDITION, AN OFFICIAL PLAT, CITY OF 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 Hy-Vee,Inc. The real estate is free from encumbrances. The
property is further subject to easements and restrictions of record and to zoning ordinances of the
City of Ames,Iowa.
Dated this 9th day of October, 2006.
CONNOLLY O'MALLEY LILLIS HANSEN
OLSON LLP
By: C_
Christopher R. Pose
P9
' F
EXHIBIT "A"
Lot One (1), except the West 20 feet thereof, Block One(1) of Beedle's Subdivision in
the City of Ames, Story County, Iowa, except that part deeded to the State of Iowa in
Warranty Deed filed in the office of the Recorder of Story County on October 8, 1959 in
Book 92 at Page 255, AND The West One Hundred Twenty-five(125) Feet of Lot Two
(2), Block One (1), Beedle's Subdivision of all that part of the NW 1/4 of the NW 1/4 of
Section 8, except the West 75 Rods thereof and the W 1/2 of the NE 1/4 of the NW 1/4 of
Section 8 and the West 30 Feet of the E 1/2 of the NE 1/4 of the NW 1/4 of said Sec. 8-
T83N-R24W of the 5th P.M., Story County, Iowa, lying South of the Centerline of
Federal Highway No. 30, now included in the City of Ames, Iowa, And The West
Twenty(20) Feet of Lot One (1) and Lot Two (2), except the West One Hundred Twenty-
five(125) feet thereof, all in Block One(1), in Beedle's Subdivision of all that part of the
NW 1/4 of the NW 1/4 of Section 8, Except the West 75 Rods thereof and the W 1/2 of
the NE 1/4 of the NW 1/4 of Section 8 and the West 30 Feet of the E 1/2 of the NE 1/4 of
the NW 1/4 of said Section 8 in T-83N-R24W of the 5th P.M., in the City of Ames, Iowa,
lying South of the Center Line of Federal Highway No. 30,AND A part of the right of
way of Lincoln Way, formerly known as U.S. Highway#30 in the Northeast Quarter(NE
1/4) of the Northwest Quarter(NW 1/4) of Section Eight(8), Township Eighty-three (83)
North, Range Twenty-four(24) West of the 5th P.M., City of Ames, Story County, Iowa
lying adjacent to the north line of said Lots 1 and 2 in Block 1 of Beedle's Subdivision all
being more particularly described as follows: Commencing at the Northwest Corner of
said Lot 2; thence easterly, 21.13 feet along the north line of said Lot 2 and a curve
concave to the southeast, having a radius of 1382.50 feet and a central angle of 0°52'33"
and being subtended by a chord which bears N71°14'58"E,21.13 feet to the point of
beginning; thence departing the north line of said Lot 2 N00°05'38"E, 52.59 feet to a
point on the former centerline of U.S. Highway#30 and the beginning of a curve; thence
northeasterly, 93.24 feet along the curve concave to the southeast, having a radius of
1432.50 feet and a central angle of 3°43'45" and being subtended by a chord which bears
N75°12'59"E, 93.22 feet to a point 50.00 feet south measured perpendicular to the
centerline of Lincoln Way, said line also being the north line of said Section 8; thence
S88'44'11"E tangent to said curve, 298.43 feet parallel to said centerline to the beginning
of a curve tangent to said line; thence easterly, southeasterly and southerly, 23.27 feet
along the curve concave to the southwest,having a radius of 15.00 feet and a central
angle.of 88°54'09" and being subtended by a chord which bears S44°17'06"E, 21.01 feet;
thence S00°09'58"W tangent to said curve, 2.93 feet to a point on the southerly right of
way line of Lincoln Way; thence S82°09'38"E, 20.18 feet along said line to a point on the
east line of said Lot 1; thence S00°09'58"W, 176.03 feet to the Southeast Corner of said
Lot 1; thence N88°46'23"W, 442.58 feet along the south line of said Lots 1 and 2 to the
Southwest Corner thereof; thence N00°05'38"E, 109.11 feet to the point of beginning,
containing 1.92 acres.