HomeMy WebLinkAboutA004 - Attorney's Opinion dated October 13, 2016 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, in two (2)parts, to the following-described real estate, to-wit:
Outlots B,XX,and YY,Hayden's Crossing Subdivision First Addition,Ames,Story
County,Iowa; AND,Parcels `B"and"C"a part of the Northwest Quarter(NW l/4)
of Section Twenty-two (22),Township Eighty-four(84)North,Range Twenty-four
(24)West of the 5th P.M.,Ames,Story County,Iowa,as shown on the Plat of Survey
filed in the office of the Recorder of Story County, Iowa, on February 6, 1998, as
Instrument No. 98-01464, in Book 15, Page 110
(Outlots B,XX,and YY,Hayden's Crossing Subdivision First Addition,Ames, Story County,Iowa
are hereinafter collectively referred to as the"First Addition Outlots")(Parcels`B"and"C"a part of
the Northwest Quarter (NWl/4) of Section Twenty-two (22), Township Eighty-four (84) North,
Range Twenty-four(24)West of the 5th P.M.,Ames, Story County, Iowa, as shown on the Plat of
Survey filed in the office of the Recorder of Story County,Iowa,on February 6, 1998,as Instrument
No. 98-01464,in Book 15,Page 110 are hereinafter collectively referred to as the"North Parcels")
(the First Addition Lots and the North Parcels are hereinafter collectively referred to as the "Real
Estate") from the root of the title thereof, down to and including the 16th day of September, 2016,
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 SECOND 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 Development Company, LLC. The Real Estate is free
from encumbrances excepting,however, the following:
1. Easements of record and to zoning ordinances of the City of Ames, Iowa;
2. With respect to the First Addition Lots:
a. 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;
b. that certain Agreement Pertaining to the Release of Service Territory Rights and
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;
c. 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
d. 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.
3. With respect to the North Parcels:
a. that certain Zoning Agreement for Adoption of the Master Plan for Hayden's
Crossing Subdivision 5440 & 5442 Grant Avenue dated January 12, 2016, and
filed in the office of the Recorder of Story County, Iowa, on February 29, 2016,
as Instrument No. 16-01569; and
b. that certain Release of Service Territory Rights given to Xenia Rural Water
District dated December 17,2013,and filed in the office of the Recorder of Story
County, Iowa, on April 8, 2016, as Instrument No. 16-02844.
Dated this 13th day of October, 2016.
DAVIS BROWN LAW FIRM
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046