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February 28, 2014
Honorable Ann Campbell, Mayor,
Members of City Council,
Ames City Council
515 Clark Avenue
Ames, IA 50010
Re: Kinneer Development, LLC
IOth Addition, Dauntless Subdivision
Dear Mayor Campbell:
Pursuant to your City's Ordinance and applicable Iowa Code, we have examined the
abstract of title prepared by Abstract and Title Services of Story County, consisting of multiple
parts, continued through Abstract No. 1402190328, to the following described real estate:
LOT 2, 8TH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT
IN THE CITY OF AMES, STORY COUNTY, IOWA
which is to be known as loth Addition,Dauntless Subdivision. "The Abstract has been certified
as full and complete from the date of Original Entry (Root of Title) to the 19th day of February,
2014, at 8:00 a.m. This preliminary title opinion, based upon that examination, is rendered for
use and reliance by you only, and for platting purposes. As of the date and time referenced
herein, we find from our examination that good and marketable title to the property described
above to be vested in:
Kinneer Development, LLC.
EXCEPT 'THAT we also find certain matters that require the following observations and
comments:
Also with Offices: 110 N.Jefferson,Suite 101,Mt.Pleasant,Iowa 52641-319-385-9522
213 N.Ankeny Blvd.,Suite IOU,Ankeny,Iowa 50023-515-964-3633
k19THIRD February 28, 2014
Page 2
Y)XRXY Iw9
SPECIAL. PROVISIONS:
1. The 2nd half real estate taxes in the amount of$6,153.00, delinquent after March
31, 2014, are shown in the abstract; however, the undersigned has confirmed with the Story
County Treasurer that said taxes were timely paid.
2. A Consent to Plat executed by the owner shall be required.
3. A Treasurer's Certificate shall be required.
EASEMENTS:
1. At Entry No. 17 of Abstract No. 970707446, easements to US West
Communications, Inc., were conveyed and recorded in Book 303, Page 59 and in Book 303 at
Page 60 which should be located with respect to the subject property.
2. At Entry No. 64 of Abstract No. 31449A, easements to the City of Ames, Iowa,
recorded as Instr. No. 00-03177, was conveyed affecting property out of which the subject
property was platted.
3. At Entry No. 47 of Abstract No. 31449A, easements to the City of Ames, Iowa
recorded as Inst. No. 97-11160, was conveyed affecting property out of which the subject
property was platted.
4. At Entry No. 49 of Abstract No. 31449A, an easement to US West
Communications, Inc. recorded as Inst. No. 97-11161, was conveyed affecting property out of
which the subject property was platted.
5. The abstract shows Agreements recorded at Entry No. 49 of Abstract No.
31449A, Inst. No. 00-03180, at Entry No. 82 of Abstract No. 32900A, Inst. No. 01-04741 and at
Entry No. 90 of Abstract 35620A, Inst. No. 02-13086 with the City of Ames, Iowa providing for
the installation of sidewalks within property out of which the subject property was platted.
6. At Entry No. 78 of Abstract 32900A, recorded as Inst. No. 01-04737, easements
to the City of Ames, Iowa, were recorded which affects property out of which the subject
property was platted.
7. At Entry No. 80 of Abstract 32900A, recorded as Inst. No. 01-04739, an access
easement to the City of Ames, Iowa, was recorded as which affects property out of which the
subject property was platted.
8. At Entry No. 91 of Abstract 35620A, Inst. No. 02-13087, easements to the City of
Ames, Iowa were recorded as which affect properties out of which the subject property was
platted.
HITHILD February 28,2014
E Dq
L.C. Page 3
9. At Entry No. I I I of Abstract 0603030311, Inst. No. 05-12734, refer to the Plat of
Survey.
10. At Entry No. 109 of Abstract 0603030311, as Inst. No. 04-14321, easements for
driveway purposes are recorded and affecting the subject property.
11. At Entry No. 126 of Abstract No. 1402190328, Inst. Nos. 08-07779 and 08-
07780, refer to the Plat of Survey.
12. At Entry No. 128 of Abstract No. 1402190328, there appears an Easement Grant
to the City of Ames bearing Inst. No. 08-07782, which affects property out of which the subject
property was platted.
GENERAL:
1. This is only a title opinion prepared for platting purposes and solely for that use.
2. Searches are shown in the abstract to have been made against Kinneer
Development, LLC, for the past ten years to February 19, 2014 at 8:00 a.m. Searches have been
limited to Story County, Iowa. Searches are also shown to have been made in the Mechanic's
Notice and Lien Registry maintained by the Iowa Secretary of State. Searches should be
continued to the date and time of recording your interest, to obtain a complete examination of
title. We require searches for ten years'to the time of recording your interest as to all owners
within said ten years.
3. ZONING. The property is subject to the City of Ames Zoning Ordinance.
4. STANDARD EXCEPTIONS. This title opinion is subject to our standard
exceptions attached hereto and by this reference incorporated herein. You should take note of
these exceptions.
Respectfully submitted,
grr
-DDY,,P.L.C.
By: O. i
cc: Kevin Kinneer(via email)
Brad Kuehl (via email)
IAM—V—Wi ropcev Dne1op—iwT1,va 1)-1or—n1 TO 02 29 14 doc
HITFIELD February 28, 2014
DDY L.C. Page 4
♦fIM.YiAY i�„V1"f IMR f 1_,YY
WHIT FIELD& EDDY, P.L.C.
STANDARD EXCEPTIONS TO TITLE OPINIONS
I. This opinion is provided to the persons or entities identified as the addressees of this opinion,and it is not to
be relied upon by any other person or entity.
2. This opinion is confined to an examination of the abstract only. This opinion is made subject to exceptions
reserved by the abstracter in preparing the above-referenced abstracts.
3. The abstract may be prepared pursuant to the Iowa 40-Year Marketable Title Act(Iowa Code§§614.29 to
614.38).
4. Effective July 1,2009,any property served by private sewage disposal system(septic system)must have the
system inspected by a certified inspector prior to any transfer of ownership of the property by deed or contract,unless exempted
by law. Iowa Code§455.172(11).
5. No visual inspection of the property has been made. Certain items cannot be determined by examination of
the abstract. Your attention is,therefore,called to the fact that you are required to take notice of the following potential
encumbrances on the real estate under examination:
(a) The rights of all persons in possession of the real estate other than the titleholders of record.
(b) The rights of undisclosed spouses.
(c) The right to file mechanic's liens against the premises for labor or materials furnished in connection
with improvements thereon within 90 days from the furnishing of the last item of material or labor. In this regard,you should
examine the same and satisfy yourself that no labor or materials have been furnished for impmvements within the last 90 days or,
if such improvements have been made,that all suppliers of labor or materials have been fully paid.
(d) Unidentified or unreported zoning and similar municipal ordinances.
(c) Unreported bankruptcy proceedings. No opinion can be given concerning the effect of bankruptcy
proceedings on title to the real property.
M Forged or altered instruments.
(g) Any facts which would be disclosed by a visual inspection or survey and which would identify
physical use,location of easements and improvements on bordering real estate. This opinion does not assure correctness of
boundary and lot lines.
(11) Real estate taxes and special assessments not yet spread on the county books and charges for
municipal services,which are not included in the abstract,that constitute a lien on the benefitted property. It would be advisable
to check with the City Clerk,Board of Supervisors,or the County Auditor's office to determine if any resolutions of necessity for
special assessments have been adopted or charges have been assessed which pertain to the real estate under examination.
W The abstract does not disclose the existence of hazardous substances,pollutants,contaminants,
hazardous waste,underground storage tanks,drainage wells,active or abandoned water wells,and other environmentally
regulated activities. You are cautioned that federal,state,and local regulations may,in the event that there are environmental
and/or public health violations,permit injunctive relief and require removal and remedial actions or other"clean-up activity."
The costs of such"clean-up"may become a lien against the real estate under examination,and you may have personal liability
even though you may not have disposed of such hazardous substances,pollutants,contaminants,or hazardous waste on the real
estate under examination or used any underground storage tanks or wells. In this regard you should satisfy yourself that there are
no potential environmentally hazardous substances on the real estate under examination that would subject you to liability for
environmental clean-up.
0) Unrecorded purchase money liens.
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