HomeMy WebLinkAboutA007 - Attorney's Opinion dated March 9, 2018 Y
Galyon Law Office
P.O.Box 1723
Ames,Iowa 50010
E-Mail: agalyon@gmail.com
My Direct Dial: (515)708-1375
March 9, 2018
City of Ames
City Hall
515 Clark Avenue
Ames, Iowa 50010
Re: Village Park Subdivision, Second Addition, Ames, Story County, Iowa
To Whom it May Concern:
I have examined the Abstract of Title to the property legally described as:
Lot Twelve (12), Village Park Subdivision, Ames, Story County, Iowa,
The abstract consists of 177 entries beginning with the Root of Title, and is last certified by
Abstract and Title Services of Story County, #1803070424 to March 6, 2018 at 8:00 a.m. Based
on the abstract of title it is my opinion that as of the time last mentioned, fee simple title to the
property is held by Aurora Heights, LLC, an Iowa Limited Liability Company by virtue of a
Corporate/Business Warranty Deed dated November 8, 2016, and filed for record on November
10, 2016, as Inst.No. 16-11359, records of the Story County Recorder.
Based on my examination of the Abstract of Title, I hereby certify said real property is free from
all encumbrances, excepting easements, covenants and conditions filed of record, and the zoning
ordinances of the City of Ames, Iowa, excepting however,the following:
1. MORTGAGE: At entry#166 there appears a Mortgage, Security Agreement,
Assignment of Rents, Financing Statement and Fixture Filing, executed by Aurora Heights,LLC,
an Iowa Limited Liability Company to U.S. Bank National Association, dated February 13, 2017,
filed February 24, 2017 as Inst.No. 17-01659, records of the Story County Recorder.
2. HORIZONTAL PROPERTY REGIME: At entry# 174 there appears a Declaration of
Submission of Property to Horizontal Property Regime for Aurora Heights Condominiums,
executed by Aurora Heights, LLC, as Declarant, dated December 22, 2017, filed for record on
d�
December 27, 2017, as Inst.No. 17-12947,records of the Story County Recorder. The
Declaration provides for the ownership, control and management of Aurora Heights
Condominiums. The Declaration at Article XV, Section 1,provides for amendments to the
Declaration with the approval of 67% of the unit owners and 5 1% of the mortgage holders. Based
on my review of the abstract and as stated herein, all interests in the horizontal property regime
are shown to be held by Aurora Heights, LLC. The mortgage shown at paragraph 1 above, is the
sole mortgage or encumbrance shown of record against the property.
Searches have been made against the titleholders and the abstracter reports nothing which would
be a lien or encumbrance against the property, except as may be noted in this opinion.
Very truly yours,
GALY N LAW OFFICE
ex P. Galyon
Attorney at Law