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HomeMy WebLinkAboutA015 - Letter certifying true and exact copy of Title Opinion dated September 15, 2010 Caring People 515 Clark Avenue,P.O.Box 811 QudiHPrograms Ames,IA 50010 .P"a.Service Phone: 515-239-5105 Fax: 515-239-5142 September 15, 2010 STATE OF IOWA COUNTY OF STORY CITY OF AMES I,Diane R.Voss,being the duly appointed City Clerk of the City of Ames,Iowa,do hereby certify that the attached document is a true and accurate copy of the Title Opinion prepared by Attorney Clifford S. Swartz dated August 20,2010,and pertaining to Abstract No. 1008182101,for said property to be known as Airport Business Park. Diane R. Voss, City Clerk (SEAL) { CLIFFORD S.SWARTZ ;* BRICK GENTRY P.C. krroml-y NrroRnrvs&COUNSrLORs at LAW T:515-274-1450 F:515-274-1488 cliff.sAi-artz.-ii:briekgentrvlaw.corn August 20, 2010 Mayor and Members of City Council City of Ames, Iowa 515 Clark Avenue Arises, Iowa 50010 RE: Abstract and Title Services of Story County Abstract No. 1008182101 Dear Mayor and Members of City Council: This will certify that on this date, I have examined the Abstract of Title for the following described real property: Parcel "Q", in the East Half (E Y/) of the Southeast Quarter (SE '/a) of the Northeast Quarter (NE '/) of Section Fifteen (15), Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M., City of Ames, Story County, Iowa, as shown on the "Plat of Survey" filed in the Office of the Recorder, Story County, Iowa on August 19, 2004 as Inst. No. 04- 11556, Slide 216, Page 1. This opinion is prepared for use in connection'with the platting of property described above, said property to be known as Airport Business Park, an Official Plat, to be included in and forming a part of the City of Ames, Story County, Iowa. Said opinion may be relied upon by all parties intending to benefit from this opinion, as prescribed in Iowa Code Chapter 354 (2009). For purposes of rendering this opinion, we have examined the Abstract of Title for the real estate described above as prepared by Abstract and Title Services of Story County from the Root of Title to the date of August 17, 2010, at 8:00 A.M. We have also examined the real estate tax records for Story County, Iowa. Our opinion covers only matters applying herein to that date based on the Iowa Title Standards and the laws of the State of Iowa. Based on our examination of the Abstract of Title, we find good and merchantable title to be vested of record in Kellie Markey as Trustee of the Kellie M. Markey Revocable Trust, subject, however, to the following comments and objections: Brick.Genus•.Bowers.Swartz&Levis.P.0 6701 WestoAm Parkway.Suite 100•West lies Moines.Iowa 50266 4 T:515-274-1450♦P:515 274-1488+n-w-w.brickgentrylaw.cotn Page 2 1. At Entry No. 71 of the Abstract, there appears a _Mortgage to Legacy Bank as dated October 28, 2008, and filed October 31, 2008 as Instrument No. 08-11724 from Kellie Markey as Trustee of the Kellie M. Markey Revocable Trust, a Trust, in the amount of$1,670,000.00. 2. You are advised that the real estate taxes for Parcel No. 09-15-280-000 for the 2008-09 tax year and all prior years have been paid in full. The Taxes for the 2009-10 tax year are unpaid but not delinquent. 3. You are advised that the abstractor has conducted all necessary searches against the titleholder and all prior titleholders to the date of the latest continuation of the Abstract and finds nothing except as otherwise shown in this opinion. 4. The property is under examination .is subject to the zoning ordinances of the City of Ames, Story County, Iowa. 5. An examination of the index in the Story County Recorder's Office for federal tax liens, income tax liens, retail sales liens, and unemployment contribution liens 'reveals that there are no such liens affecting the above-described real estate. 6. You are advised that an examination of the personal property tax files in the Story County Recorder's Office have revealed that there are no personal property tax liens affecting the property under examination. We hereby certify that the property described herein is free from encumbrances, other than set forth in this opinion and that this opinion may be relied upon by the City of Ames, Iowa and such other governmental agencies such as Story County for purposes of submittal of Airport Business Park, an Official Plat, in and part of the City of Ames, Story County, Iowa. Respectfully submitted, BRICK, GENTRY, BOWERS, SWARTZ & LEVIS, P.C. a By: C rd S. Swartz 61 CSS:ks Brick.Genny.Bowers.Swart_&I—e is.P.C. 6701 lkesrown Parkwa%.Suite 100•West Des Moines.Iowa 50266•T:515-274-1450•f:515-274-1488•%vw.briekgentryIfi .corn