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Home My WebLink AboutA005 - Attorney's Title Opinion AHLERS : COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309-2231 FAX: 515-243-2149 WWW.AHLERSLAW.COM Kristin B.Cooper Direct Dial: KCooper@ahlerslaw.com 515.246.0330 December 10, 2012 City of Ames 515 Clark Avenue PO Box 811 Ames, IA 50010-0811 Re: Our Final Title Opinion No. 4185 Street Address: 3915 Mortensen Road Legal Description: Lot One (1), Ames Middle School 2003 Subdivision, City of Ames, Story County, Iowa 7-M �c vice� • off- 08-3za-2vo To Whom It May Concern: At your request we have examined the abstract of title to the property legally described above, last certified to September 12, 2012 at 8:00 a.m. by Abstract & Title Services of Story County. Based on the abstract it is our opinion that as of the time last mentioned marketable title to the property was vested in: Ames Community School District subject to the Special Exceptions and Standard Exceptions noted on the attached schedules. No mortgages or liens are shown. Very truly yours, AHLERS & COONEY, P.C. Kristin B. Cooper KBC:cmf Enclosures: Special Exception Schedule Standard Exception Schedule cc: Karen Shimp, Ames Community School District #00895503/10164.061 P3-3 WISHARD&BAILY-1888,GUERNSEY&BAILY-1893;BAILY&STIPP-1901;STIPP,PERRY,BANNISTER&STARZINGER-1914;BANNISTER.CARPENTER. AHLERS&COONEY-1950;AHLERS,COONEY.DORWEILER,ALLBEE.,HAYNIE&SMITH-1974;AHLERS,GOONEY,DORWEILER,HAYNIE.SMITH&ALLBEE.P.C.-1990 Final Title Opinion No. 4185 Schedule of Special Exceptions 1. EASEMENT: The abstract at Entry No. 4 of Continuation No. 57664 shows an easement for electric lines in favor of the City of Ames, Iowa, recorded in Book 128, Page 527 of the county records. 2. EASEMENT: The abstract at Entry No. 150 of Continuation No. 1208313129 shows an easement for water mains in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04071 of the county records. 3. EASEMENT: The abstract at Entry No. 151 of Continuation No. 1208313129 shows an easement for sanitary sewer in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04072 of the county records. 4. EASEMENT: The abstract at Entry No. 152 of Continuation No. 1208313129 shows an easement for storm water in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04073 of the county records. 5. EASEMENT: The abstract at Entry No. 153 of Continuation No. 1208313129 shows an easement for construction, operation and maintenance of a recreational facility in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04074 of the county records. 6. EASEMENT: The abstract at Entry No. 154 of Continuation No. 1208313129 shows an easement for electric utility and communications in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04075 of the county records. 7. EASEMENT: The abstract at Entry No. 155 of Continuation No. 1208313129 shows an easement for a bicycle path in favor of the City of Ames, Iowa, recorded as Instrument No. 04-04076 of the county records. 8. EASEMENT: The abstract at Entry No. 158 and Entry No. 159 of Continuation No. 1208313129 shows an easement for sanitary sewer in favor of the City of Ames, Iowa, recorded as Instrument No. 04-14728 and recorded as Instrument No. 04-15542. 9. EASEMENT: The abstract at Entry No. 160 of Continuation No. 1208313129 shows an easement for a school/city bike trail in favor of the City of Ames, Iowa, recorded as Instrument No. 05-05561 of the county records. -1- 10. EASEMENT: The abstract at Entry No. 161 of Continuation No. 1208313129 shows an easement for water mains in favor of the City of Ames, Iowa, recorded as Instrument No. 07-14195 of the county records. 11. 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. 12. 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. 13. 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. 14. 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. 15. EASEMENT: The abstract at Entry No. 105 shows an easement for sanitary sewer in favor of the City of Ames, Iowa, recorded in Book 95 at Page 349 of the county records. 16. AGREEMENT: The abstract shows an Agreement for sidewalk and/or bicycle path and street trees dated March 8, 2004, and recorded April 7, 2004, between Ames Community School District and the City of Ames, Iowa. The Agreement requires the owners of the property to construct a sidewalk and/or bicycle path as part of the platting procedure of the City. 17. AGREEMENT: The abstract shows a Memorandum of Agreement dated April 5, 2004, and recorded April 16, 2004, between Ames Community School District and the City of Ames, Iowa. The Agreement was made with respect to an exchange of rights in real estate and public improvements pertaining to platting of the property. 18. TAXES: At Entry No. 164 of Continuation No. 1208313129, the abstractor reports the fiscal year 2011/2012 taxes payable in the next fiscal year are as follows: First Installment—Exempt Second Installment—Exempt #00895523/10164.061 -2- Final Title Opinion No. 4185 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. 400895564