HomeMy WebLinkAboutA012 - Attorney's Opinion dated April 20, 2016 1
ATTORNEY'S OPINION
I,Brian D.Torresi,hereby state that I am an Attorney at Law,duly admitted to the practice of
law in the State of Iowa, and an attorney at the Davis Brown Law Firm with offices at 2605
Northridge Parkway, Suite 101,Ames, Story County,Iowa. I further state that I have examined the
Abstract of Title to the following-described real estate, to-wit:
Parcel"K"in the Northwest Quarter(NW'/)of Section Twenty-two(22),Township
Eighty-four(84)North,Range Twenty-four(24)West of the 5th P.M.,Story County,
Iowa,as shown on the Retracement Survey filed in the office of the Recorder of Story
County, Iowa,on June 8,2011,as Instrument No. 11-05323, and on Slide 407,Page
5
(the "Real Estate") from the root of the title thereof, down to and including the loth day of
November, 2015, last certified by Abstract and Title Services of Story County, Ames, Iowa(Iowa
Title Guaranty Division Member #8650). The Real Estate has now been subdivided and is now
known as HAYDEN'S CROSSING SUBDIVISION FIRST ADDITION, AMES, STORY
COUNTY, IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the Real Estate is vested in Hunziker Land Development Company,L.L.C. The Real Estate is
free from encumbrances excepting, however, the following:
1. The Real Estate is subject to easements of record and to zoning ordinances of the
City of Ames, Iowa;
2. That certain Open-End Mortgage in the amount of$215,000.00 given to VisionBank
of Iowa dated January 29, 2013, and filed in the office of the Recorder of Story
County, Iowa, on February 1, 2013, as Instrument No. 2013-00001209;
3. That certain Agreement Pertaining to the Release of Service Territory Rights and
-p' /
Covenant for Assessment given to Xenia Rural Water District dated January 17,
2014, and filed in the office of the Recorder of Story County, Iowa, on January 29,
2014, as Instrument No. 14-00782;
4. That certain Agreement Pertaining to the Annexation of Land to be in the City of
Ames as attached to Resolution No. 13-580 adopted December 30,2013,and filed in
the office of the Recorder of Story County,Iowa,on August 20,2015,as Instrument
No. 15-08126; and
5. That certain Zoning Agreement for Adoption of the Master Plan for Hayden's
Crossing Subdivision 5400 Grant Avenue dated August 25, 2015, and filed in the
office of the Recorder of Story County,Iowa,on August 31,2015,as Instrument No.
15-08480.
Dated this 20th day of April, 2016.
DAVIS BROWN LAW FIRM
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
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