The URL can be used to link to this page

Home My WebLink AboutA006 - Plat Opinion dated January 12, 2016 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 January 12,2016 City of Ames,Iowa 515 Clark Avenue Ames,IA 50010 RE: Iowa State University Research Park Phase III Second Addition to Ames This is to certify that I have examined abstract of title last continued by Abstract&Title Services of Story County, Abstract Nos. 1601050016 continued to December 30,2015 at 8 a.m. covering the following- described real estate: Outlot A in Iowa State University Research Park Phase III First Addition to the City of Ames, Story County, Iowa to be re-platted as Iowa State University Research Park Phase III Second Addition in Ames, Story County,Iowa,and based upon the abstracts I report marketable fee title in the name of IOWA STATE UNIVERSITY RESEARCH PARK("ISURP") Subject to the following matters: I. REPLAT. This plat shall be a replat of Outlot A in Iowa State University Research Park Phase III First Addition to the City of Ames, Iowa. A copy that plat as it appears in the abstract is attached hereto for your information and should be reviewed for setback requirements, easements, location, area, access to public streets and other matters affecting the portion thereof being replatted. 2. 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 Research Park Innovation District (RI) by Ames City Ordinance No. 4229 recorded November 2, 2015 as Instrument No. i 5-i9954 in the Story County,Iowa records 15-10654 3. 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: 4. AGREEMENTS AS TO WATER SERVICE: An Agreement between the City of Ames and Xenia Rural Water District for Continued Water Service to Parcels Adjacent to 1SURP 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. The Release of Service Territory Rights Agreement is evidenced of record by a Memorandum recorded as Instrument No. 15-10835 of the Story County, Iowa records. 5. SANITARY SEWER EASEMENT: Sanitary Sewer Easement granted to the City of Ames, Iowa recorded as Instrument No. 2015-00011636 of the Story County, Iowa records, which affects 2 30 foot wide strip across Outlot A as described therein and as shown on the plat drawing of Iowa State University Research Park Phase III First Addition. 6. AGREEMENT FOR SIDEWALKS: Agreement for Sidewalks between the titleholder and the City of Ames relating to the sidewalks to be constructed by the owners of property in the Phase III First Addition within the right of way of all streets in the subdivision, recorded as Instrument No. 2015- 00011638 of the Story County,Iowa records. 7. SEARCHES: Searches have been made against the titleholder and no judgments appear against the titleholder as a result of such searches. 8. REAL ESTATE TAXES: All real estate taxes for fiscal years through fiscal year 2014-15 have been paid in full: Parcel No.09-15-350-280: first half$270.00 paid;second half$270.00 paid. Parcel Nos.09-22-100-100 and 09-22-100-205 NW 1/4 NW 1/4—first half$412.00 paid;second half$412.00 paid. Part of NE 1/4 NW 1/4—first half$461.00 paid;second half$461.00 paid. i Parcel Nos. 09-15-350-300, 09-15-350-365 and 09-15-350-385: respectively first half $2,600.00 paid; second half$2,600.00 paid; first half$183.00 paid; second half$183.00 I paid;first half$83.00 paid;second half$83.00 paid; I Parcels No. 09-22-100-300 and 09-22-100-400(Parcel D on Exhibit A): SW'/4 N W '/4—first half$476.00 paid;second half$476.00 paid. SE '/4 NW '/4—first half$474.00 paid;second half$474.00 paid. 9. ZONING: The property under examination is subject to the zoning ordinances of the City of Ames,Iowa. i -2- �0�. 5 10. 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 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 prernises 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 tinder 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. C. Special assessments, preliminary assessments, and deficiency assessments are a lien fi-om certification by the city or(lie 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 (lie absn-acter 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 (lie 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.. , Jeremy C Sharpe ror the Firm ib BELM102 691 1 000`d'Int of Phase 111-Second Add-Plat Op(02323834),INX: -3- _d a_ 4 N H � � T � I xs I• ...�. '* Y. �L fib.. �yPl� ax.—��—�__—,-€ �� .� 11. .g y�T i a N.. ��• .. M.O 11 '{�3J',•. �.:sy. , yr •/� II � ' • �fe wTd6S�� / � r ffwj 55376W—t f f I t iatiM r rri y" 0 do itv 73.00 t{a F«: 1 AO i Pd F- 10.0E T—I. •D) YS'Y••R"�^JIB Ra nouwst F16 . ews, W.-3lmlvl tu.F«+ .00 GR9P Fi)N 'IImN 1.blon Coall.F>.a Stale L.lPl/)L.«Conk.0..mlly FY"•FI rL Cirs' ItCy:i ��g Com C� e• �°I_ ��JXfu'.l6'.G't`.�t•'7LCI.d1� _ q_ `{��Y�fC�T�1..='(mow'^ C�•_� I�'.�,f.� — ��N0. t�•�+mce, arx�ua r a FluJ'r��T rywL �.• FINAL PLAT STUMBO 8 A550GIATES IONA STATE UNIVERSITY LAND SURVEYING RESCARCH PARK PHASE III. S+n sEw.smFrr,xlre ios FIRST ADDITION —•. ••.'.. P,v�vsai.w3 I ,q IfeeeeiP a.+e 1l/))/13 OIGE 1 al) R.Nmly. Nah Elate) pU ReSevN PM � I 1 U E0010 _ 1 y Abstract No. 1601050016 Root of Title to December 30,2015 at 5:00 A.M. �--�— Page 112 --