HomeMy WebLinkAboutA003 - Attorney's Opinion dated July 16, 2008 ATTORNEY'S OPINION
I,Brian D.Torresi,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,West,Hansell&O'Brien,
P.C., with offices at 1416 Buckeye Ave., Ste. 200, Ames, Story County, Iowa. I further state that I
have examined the Abstract of Title to the following-described real estate, to-wit:
Outlot B, East Hickory Park Subdivision, Ames, Story County, Iowa,
from the root of the title thereof, down to and including the 10`" day of July, 2008, 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 EAST HICKORY PARK SUBDIVISION
SECOND ADDITION, STORY COUNTY, IOWA.
Based on such examination of said Abstract of Title,it is my opinion that the fee simple title
to said real estate is in Hickory Park, Inc. I further find that following are holders of mortgages,
liens, or other encumbrances on said real property being platted:
(a) The real estate is subject to a Covenant for Assessment of Costs of Improvements
entered into between Hickory Park,Inc. and the City of Ames,Iowa. The Covenant is dated January
17,2007,and was filed in the office of the Recorder of Story County,Iowa,on September 11,2007,
and recorded as Instrument No. 07-10821.
(b) The real estate was mortgaged by Hickory Park, Inc., to First American Bank to
secure an original indebtedness of$43 5,000.00. The mortgage is dated July 9,2001,and was filed in
the office of the Recorder of Story County, Iowa, on July 9, 2001, and recorded as Instrument No.
01-09072. The mortgage was subordinated to the interest conferred to the City of Ames,Iowa,in the
Covenant for Assessment of Costs and Improvements.
(c) The real estate is subject to an Agreement for Sidewalk,Bicycle Path and Street Trees
entered into between Hickory Park, Inc. and the City of Ames, Iowa. The Agreement is dated July
21,2005,and was filed in the office of the Recorder of Story County,Iowa,on August 12,2005,and
recorded as Instrument No. 05-09849.
(d) The real estate is further subject to easements and restrictions of record and to zoning
ordinances of the City of Ames, Iowa.
Dated this 16th day of July, 2008.
NYEMASTER, GOODE, WEST, HANSELL & O'BRIEN, P.C.
By
Brian D. Torresi, Attorney
Iowa Title Guaranty
Division Member#10046
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