HomeMy WebLinkAboutA005 - Plat Opinion ti
LAW OFFICES
Belin McCormick, P.C.
666 WALNUT STREET SUITE 2000
DES MOINES, IA 50309-3989
Telephone: (515)243-7100 Telecopier(515)283-4678
Plat Opinion
September 14,2015
City of Ames, Iowa
515 Clark Avenue
Ames, IA 50010
RE:
This is to certify that I have examined abstracts of title last continued by Abstract & Title Services of
Story County, Abstract Nos. 1509082573, 1509082574, 1509082575 and 1509082576 continued to
September 8,2015 at 8:00 a.m. covering the following-described real estate:
See Exhibit A attached.
to be platted as Iowa State University Research Park Phase 111, First Addition in Ames, Story County,
Iowa, and based upon the abstract I report marketable fee title in the name of
IOWA STATE UNIVERSITY RESEARCH PARK("ISURP")
as to the portion thereof described as parcels A, B and C on Exhibit A and in:
ERBEN HUNZIKER AND MARGARET AND MARGARET HUNZIKER
APARTMENTS, L.L.C.
as to the portion thereof described as Parcel D described on Exhibit A
1. ANNEXATION AND REZONING. The abstracts indicate that all of the property within the
proposed plat has been annexed to the City of Ames and has been rezoned to the designation of Planned
Industrial by Ames City Ordinance No. 4202 recorded January 12, 2015 as Instrument No. 15-00256 in
the Story County, Iowa records. A copy of the drawing of the rezoning map shown in the abstracts is
attached hereto and the area marked by diagonal lines and designated Area A constitutes the property to
be platted as Iowa State University Phase III, First Addition.
2. DEVELOPMENT PLAN—TIF PROPERTY: A portion of the property under examination is
subject to an Agreement for Public Improvements ("Development Agreement") between Iowa State
University Research Park and the City of Ames, Iowa recorded November 18, 2014 as Instrument No. 14-
10311 in the Story County, Iowa records, which relates to the agreement by the City to create an Urban
Renewal Plan and TIF district including a portion of the property under examination, to support the
provision by and reimbursement of the City for certain water lines, sanitary sewer and street
improvements benefitting the property under examination in return for the development by Iowa State
University Research Park of structures and improvements on such property, the payment of taxes thereon
and the agreement to a minimum assessed valuation for such property located in the TIF district. A copy
of the area subject to the Development Agreement as shown in the abstracts is attached hereto for your
information:
3. AGREEMENT AS TO WATER SERVICE: An Agreement between the City of Ames and
Xenia Rural Water District for Continued Water Service to Parcels Adjacent to ISURP Phase III (the
"Continued Service Agreement") recorded as Instrument No. 15-07889 of the Story County, Iowa
records, which references a Release of Service Territory Rights Agreement ("Release of Service Rights
Agreement") by which Xenia will relinquish its water service rights as to the property to be included in
Iowa State University Research Park Phase III to allow City water service to be provided to such area.
Such Continued Service Agreement making such reference to the Release of Service Rights Agreement is
made to assure continued water service to certain areas adjacent to the Phase III property currently
receiving such Xenia water service, although such adjacent areas will also be covered by the referenced
Release of Service Territory Rights Agreement, until the City is able to extend its water service to such
adjacent areas.
4. SEARCHES: Searches have been made against the titleholders and no judgments appear against
the titleholders as a result of such searches.
5. REAL ESTATE TAXES: As of the date of the last certification of the abstracts, fiscal year
2014-2015 real estate taxes had not yet been certified, but would constitute liens on the property. All
prior fiscal year real estate taxes have been paid in full.:
Parcel No. 09-15-350-280 (Parcel A on Exhibit A): first half $270.00 due not delinquent;
second half$270.00 due not delinquent.
Parcel Nos. 09-22-100-100 and 09-22-100-205 (Parcel B on Exhibit A):
NW 1/4 NW 1/4 — first half $412.00 due not delinquent; second half $412.00 due not
delinquent.
Part of NE 1/4 NW 1/4 — first half$461.00 due not delinquent; second half$461.00 due
not delinquent.
Parcel No. 09-15-350-300 (Parcel C on Exhibit A): first half$2,600.00 due not delinquent;
second half$2,600.00 due not delinquent.
Parcels No. 09-22-100-300 and 09-22-100-400 (Parcel D on Exhibit A):
SW '/ NW '/ — first half $476.00 due not delinquent; second half $476.00 due not
delinquent.
SE '/ NW '/ — first half $474.00 due not delinquent; second half $474.00 due not
delinquent.
6. ZONING: The property under examination is subject to the zoning ordinances of the City of
Ames,Iowa.
7. PLAT OPINION. This title opinion is rendered for platting purposes in accordance with the
laws of the State of Iowa and for no other purpose.
GENERAL EXCEPTIONS: There are certain matters which cannot be ascertained from an
examination of the abstract and which may affect your use of, enjoyment of and rights in and to the real
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I
estate under examination. Accordingly, this title opinion is subject to and you must take notice of the
following:
a. Matters which would be revealed by an accurate survey and inspection of the premises such as
encroachments, overlaps, and boundary line disputes. Further, access to public streets and the correctness of
lot area and boundary lines cannot be assured by this opinion.
b. You are charged with notice of the rights of persons in possession of the real estate or any portion
thereof.
C. The real estate under examination is subject to the zoning ordinances of the city or county stated
above. You should determine whether the real estate complies with the applicable zoning ordinances.
d. Persons furnishing labor or materials for improvement of the real estate within the last 90 days may be
entitled to file a mechanic's lien if not paid. In such event, your lien or title may be subject to such
mechanic's lien.
e. Special assessments,preliminary assessments, and deficiency assessments are a lien from certification
by the city or the county or other taxing jurisdiction to the County Treasurer. The lien for such assessments
has priority equivalent to real estate taxes. Such a lien may not be shown in the abstract but may attach
against the real estate for work preliminarily approved by the City Council.
f. Charges for certain municipal services provided by a city prior to your ownership, such as solid waste
and sewage disposal, may be a lien against the real estate when certified to the County Treasurer's Office.
Such a lien has priority equivalent to real estate taxes.
g. The abstract does not disclose the existence of hazardous substances, hazardous waste, hazardous
materials, pollutants, contaminants, underground storage tanks, drainage wells, active or abandoned water
wells and other environmentally-regulated activities. You are cautioned that federal, state and local
legislation may permit injunctive relief,and require removal and remedial actions,or other clean up, and may
create a lien for the same.
h. Searches for judgments by the abstracter are limited to a ten-year period, however, certain installment
judgments such as child support and alimony rendered in a decree of dissolution more than ten years ago are
a lien on the real estate of the obligor for ten years after the installment becomes due.
i. You are advised that if the real estate uses a sewage disposal system or a well system,or both,you
may be subject to State Department of Natural Resources and County Board of Health rules. The state
law, section 455b.172 of the Iowa Code requires all such systems be inspected for compliance upon a
transfer of ownership by a DNR certified inspector, and that a copy of the certified inspector's report
be presented to the county recorder with any conveyance document. State law and DNR rules do not
specifically place this burden on either seller or buyer. You should determine for yourself if the
proposed real estate transfer is subject to these requirements. If so,you should be certain they are met,
since failure to meet them may prevent the recording of the deed or contract.
Very truly yours,
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BELIN\I0269\1000\Plat of Phase III-First Add-Plat Op(02219513-2).DOC
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EXHIBIT A
ISURP PHASE III PROPERTY
PARCEL A
Parcel L in the Southeast Quarter of the Southwest Quarter of Section 15,
Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa as
shown on the Plat of Survey filed in the office of the Recorder of Story County,
Iowa, on October 18, 1996 as Instrument No. 96-11476 in Book 14, Page 86.
AND
PARCEL B
North One Half (N'/2) of the Northwest Quarter (NW'/4) Section Twenty-two (22)
Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M.,
Story County, Iowa, EXCEPT Commencing at a point on the East line of the
Northwest Quarter (NW'/4) of said Section Twenty-two (22) which is 214.45 feet
South of the North Quarter Corner of said Section Twenty-two (22); thence
S89055'30"W, 412 feet; thence South 272 feet; thence N89155'30"E, 412 feet to
the East line of said Northwest Quarter (NW'/); thence North 272 feet along said
East line to the point of beginning, said exception containing 2.57 acres
AND
PARCEL C
That part of the Southwest Quarter of the Southwest Quarter of Section 15,
Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, lying
South of Iowa State University Research Park, Third Addition to the City of
Ames, Story County, Iowa, being more particularly described as follows:
Beginning at the Southwest Corner of said Section 15; thence N00°04'27"E,
149.78 feet along the West line of said Section 15 to the Southwest Corner of
said Iowa State University Research Park, Third Addition; thence S88036'58"E,
713.46 feet; thence NO3°04'35"E, 414.92 feet; thence S87°45'55"E, 585.84 feet
to the East line of said Southwest Quarter of the Southwest Quarter; thence
S00°11'18"W, 539.40 feet to the Southeast Corner thereof; thence N89°19'57"W,
1319.43 feet to the point of beginning, containing 9.90 acres, which includes 0.11
acres of existing public right of way.
PARCEL D
The South Half of the Northwest Quarter of Section 22 Township 83 North,
Range 24 West of the 5th P.M., Ames, Story County, Iowa.
All of the above together also described as:
Parcel L in the Southeast Quarter of the Southwest Quarter, as shown on the Plat of
Survey filed in Book 14, Page 86, and that part of the Southwest Quarter of the
Southwest Quarter, lying South of Iowa State University Research Park, Third Addition
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to Ames, Iowa, all in Section 15, and all of the Northwest Quarter of Section 22, except
an existing tract in the Northeast Quarter of said Northwest Quarter, as described in a
Quit Claim Deed filed at Inst. No. 94-05359, all together in Township 83 North, Range
24 West of the 5th P.M., City of Ames, Story County, Iowa, and all being more
particularly described as follows: Beginning at the Southwest Corner of said Section 15;
thence N00004'27"E, 149.78 feet along the West line thereof to the Southwest Corner of
said Iowa State University Research Park, Third Addition; thence following the southerly
line thereof S88°36'58"E, 713.46 feet; thence NO3°04'35"E, 414.92 feet; thence
S87045'55"E, 585.84 feet to the East line of said Southwest Quarter of the Southwest
Quarter; thence S00011'18"W, 49.93 feet along said line to the Northwest Corner of said
Parcel L; thence following the northerly line thereof S89°14'47"E, 296.62 feet; thence
N56046'25"E, 622.15 feet; thence N89°52'19"E, 512.38 feet to the East line of the
Southwest Quarter of said Section 15; thence S00010'26"W, 843.11 feet to the North
Quarter Corner of said Section 22; thence S00'19'19"E, 241.41 feet along the East line
of the Northwest Quarter of said Section 22 to the Northeast Corner of said existing
tract; thence following the boundary of said tract S89036'11"W, 411.96 feet; thence
S00°19'27"E, 272.09 feet; thence N89035'28"E, 411.95 feet to the Southeast Corner of
said tract; thence S00019'19"E, 793.23 feet to the Southeast Corner of the Northeast
Quarter of the Northwest Quarter of said Section 22; thence S00°19'22"E, 1306.65 feet
to the Center of said Section 22; thence N89°52'24"W, 2644.20 feet to the West Quarter
Corner of said Section 22; thence N00°24'00"W, 1319.09 feet to the Southwest Corner
of the Northwest Quarter of the Northwest Quarter of said Section 22; thence
N00023'42"W, 1319.25 feet to the point of beginning, containing 187.93 acres, which
includes 4.52 acres of existing public right of way
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