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HomeMy WebLinkAboutA006 - Attorney's Title Opinion dated January 4, 2017 `P.f fr' LISA R.WILSON 475 ALICE'S ROAD-SUITE A lisa@wilsonlawfirmpc.com WAUKEE,IOWA 50263 LINDSEY A. GUERRERO TELEPHONE-(515)369-2502 lindsey@wilsonlawfirmpc.com FACSIMILE-(515)369-2503 January 4, 2017 Story County, Iowa Administration Building 900 Sixth Street Nevada, Iowa 50201 Re: Plat Title Opinion/The Irons Dear Sir or Ma'am: Pursuant to the requirements of Iowa Code Section 354.11(1)(c) (2015), I hereby certify that I have examined the Abstract of Title, Pencil Notes No. 1612153455, prepared by Abstract &Title Services of Story County and certified that it reflects all matters up to December 29, 2016 at 9:03 a.m. and relating to the following property: Parcel "M" and Parcel "N" each being a part of the Northwest Quarter (NW 1/4) of Section Twenty-one (21), Township Eighty-four(84)North, Range Twenty-four (24) West of the 51h P.M., Story County, Iowa, as shown on the Plat of Survey filed in the office of the Recorder, Story County, Iowa, on August 22, 2016 as Inst. No. 16-08076, Slide 543, Page 2, to be known as The Irons. As of that date and time, we find from our examination that good and marketable title to the property described above is held by: Ames Golf and Country Club a/k/a Ames Golf& Country Club as to Parcel "N"; The Irons, L.L.C. as to Parcel "M" subject to the following: 1. MORTGAGE: The Abstract shows a Mortgage dated January 22, 2003, filed January 23, 2003 as Instrument No. 03-01341 from Ames Golf and Country Club to Exchange State Bank. This Mortgage affects Parcel "N" only. l � -Page 2 2. MORTGAGE: The Abstract shows a Construction Mortgage dated September 9, 2016, filed September 20, 2016 as Instrument No. 16-09345 from The Irons, L.L.C. to South Story Bank& Trust. This Mortgage affects Parcel"M" only. 3. MORTGAGE: The Abstract shows a Mortgage dated September 16, 2016, filed December 29, 2016 as Instrument No. 16-13037 from The Irons, L.L.C. to Tonto Holdings, LLC. This Mortgage affects Parcel "M" only. 4. REAL ESTATE TAXES: The Abstract shows fiscal year 2015/2016 real estate taxes for Parcel No. 05-21-100-1005 as paid. 5. EASEMENTS/AGREEMENTS: The Abstract shows a Limited Easement Agreement to Xenia Rural Water District filed of record on October 28, 1996 as Instrument No. 96-11802. The Abstract shows a Contract for Right-of-Way Easement filed of record on January 22, 1969 in Book 1, Page 342. The Abstract shows a Contract for Right-of-Way Easement filed of record on January 22, 1969 in Book 1, Page 344. The Abstract shows a Private Ingress and Egress Easement filed of record on September 20, 2016 as Instrument No. 16-09343. The Abstract shows a Covenant and Agreement for Annexation filed May 22, 2014 as Instrument No. 14-03828 between the City of Ames and Ames Golf and Country Club which provides that the City of Ames has the option to annex the subject property into the city limits. The Abstract shows a Covenant Pertaining to Water Service filed May 22, 2014 as Instrument No. 14-03829 between the City of Ames and Ames Golf and Country Club which provides that any owner of the subject property shall pay to the City the sum of any and all amounts the City is required to pay the rural water service as compensation for any losses resulting from annexation of all or any part of the subject property by the City. The Abstract shows a Covenant for Assessment of Costs of Improvements filed May 22, 2014 as Instrument No. 14-03830 between the City of Ames and Ames Golf and Country Club which provides for the City's ability to assess the property under examination for public improvements. 6. PLAT OF SURVEY: The Abstract shows a Plat of Survey filed August 22, 2016 as Instrument No. 16-08076. 7. ZONING: The property under examination is subject to the zoning ordinances of Story County. 8. SEARCHES: The abstract reflects searches as to the above titleholders. -Page 3 You are hereby advised that this opinion is prepared pursuant to Iowa Code Sections 614.26 and 614.28 of the 2015 Code of Iowa, Chapter 11 of the Iowa Title Examination Standards, the abstracting standards of the Iowa Land Title Association and the 40 Year Marketable Title Act. Respectfully submitted, WILSON LAW FIRM, P.C. By: Lisa R. Wilson Title Guaranty No. 10118 I-