The URL can be used to link to this page

Home My WebLink AboutA006 - Attorney's Title Opinion dated July 28, 2017 Galyon Law Office P.O.Box 1723 Ames,-Iowa 50010 E-Mail: agalyon@gmail.com My Direct Dial: (515)708-1375 July 28, 2017 City of Ames City-Hall 515 Clark Avenue Ames, Iowa 50010 Re: Preliminary Title Opinion Crane Farm Subdivision,Fifth Addition,Ames, Story County, Iowa To Whom it May Concern: I have examined the Abstract of Title to the property legally described as: Outlot "Y", Crane Farm Subdivision, First Addition,Ames, Story County, Iowa. The abstract consists of 48 entries beginning with the Root of Title, and is last certified by Abstract and Title Services of Story County, #17006061445 to June 2,2017 at 8:00 a.m. Based on the abstract of title it is my opinion that as of the time last mentioned,title to the properly is held by GW Land Holdings,LLC, a_Iowa Limited Liability Company by virtue of a Warranty Deed dated January 5i 2016;and filed for record on February 2;2016,as Inst.No; 16-009151- records of the Story County Recorder. Except that there are certain matters that could affect the rights of the titleholders to this properly which are as follows: 1. MORTGAGE:. At entry#28,there appears a Mortgage executed by GW Land Holdings, LLC, an Iowa Limited Liability Company, to GNB Bank, dated February 1,2016, filed February 2,2016 as Inst.No. 16-00916,records of the Story County Recorder. 2. AGREEMENT FOR SIDEWALKS AND STREET TREES: At entry#38, there appears an Agreement for Sidewalks and Street Trees covering Crane Farm Subdivision,First Addition, Ames, Story County, Iowa entered into between GW Land Holdings, LLC, and the City of Aires, Iowa, dated June 24, 2016, filed July 5, 2016 as Inst.No. 16-06214, records of the Story County Recorder. � T 3. AGREEMENT FOR PUBLIC IMPROVEMENTS: At entry#39,there appears an Agreement for Public Improvements covering Crane Farm Subdivision, First Addition, Ames, Story County,Iowa entered into between GW Land Holdings, LLC, and the City of Ames, Iowa, dated June 24, 2016, filed July 5, 2016 as Inst.No. 16-06215,records of the Story County -Recorder. 4. DEVELOPER'S AGREEMENT WITH GW LAND HOLDINGS REGARDING SITE IMPROVEMENT OBLIGATIONS FOR THE CRANE FARM SUBDIVISION: At entry#41, there appears a Developer's Agreement with GW Land Holdings LLC Regarding Site Improvement Obligations for the Crane Farm Subdivision covering Crane Farm Subdivision, First Addition,Ames, Story County, Iowa, entered into between GW Land Holdings,LLC,and the City of Ames,Iowa, dated June 28, 2016,filed July 5, 2016 as Inst.No. 16-06216,records of the Story County Recorder. 5. SEARCHES: Searches have been made against the titleholders and the abstracter reports nothing which would be a lien against the property, except as may be noted in this opinion. 6. TAXES: SECTION:07 TOWNSHIP:83 RANGE:24 N OF HWY SWIA EX PARCEL"A" SLIDE 98 PAGE 4 Story County Treasurer's Parcel No. 09-07-300-120 Real Estate, for the fiscal year beginning 7/1/2015 and ending 6/30/2016: First half, delinquent after 9/30/2016,paid in the amount of$344.00. Second half, delinquent after 3/31/2017,paid in the amount of$344.00. 7. EASEMENTS AND RESTRICTIONS: The property is subject to easements and restrictions of record. 8. ZONING: The property is subject to the zoning ordinances of the City of Ames, Iowa. 9. 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: 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. You are charged with notice of the rights of persons in possession of the real estate or any portion thereof. The real estate under exariiihdti6h-is-subject to the zoning ordinances of the city of county stated above. You should determine whether the real estate complies with the applicable zoning ordinances. i 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. 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. 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. 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. 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 alien on the real estate of the obligor for ten years after the installment becomes due. This is a preliminary title opinion based on the abstract continued to the date shown above, between that date and the date of your transaction for which this opinion is being prepared, matters may appear of record which may adversely affect the title to real estate. Before closing, you must verify through the abstractor,the current status of the title. I request that any objection and requirements in this title opinion be corrected and furnished to this examiner with the abstract for further examination before you close your transaction. Very truly yours, GALYON LAW OFFICE a P Alex P. Galyon Attorney at Law