HomeMy WebLinkAboutA013 - Attorney's Title Opinion dated May 21, 2018 Prepared by&after recording return to:Christopher R.Pose,317 6`h Ave.,Ste 300,Des Moines,IA 50309(515)243-8157
ATTORNEY'S TITLE OPINION
PURSUANT TO CHAPTER 354, CODE OF IOWA
May 21, 2018
Re: Menards Subdivision, an Official Plat, City of Ames, Story County,
Iowa.
To the General Public:
The undersigned attorney at law certifies that I have examined the Abstracts of Title of
Abstract&Title Services of Story County Abstract No. 1705151226 that has been continued from
Root of Title to May 12, 2017 at 8:00 A.M. Also examined were by Stub Abstract of Title No.
1802210298 from May 12, 2017 at 8:00 A.M.to February 20, 2018 and Stub Abstract of Title No.
1804040680 from February 20,2018 at 8:00 A.M. to April 3, 2018 at 8:00 A.M. to the real estate
legally described as follows:
Parcel"C"in the North Half(Nl/2) of the Northeast Quarter(NEV4) of Section
Fourteen(14), Township Eight-three (83)North, Range Twenty-Four(24) West of
the 5t'P.M., Ames, Story County, Iowa, as shown on the "Plat of Survey" filed in
the office of the Recorder, Story County, Iowa, on March 12, 1993 in Book 11,
Page 140; AND Parcel "D"in the Northwest Quarter(NW'/4) of the Northwest
Quarter(NW'/4) of Section Thirteen(13)township Eighty-three (83)North, Range
Twenty-four(24)West of the 5t'P.M.,Ames, Story County,Iowa,as shown on the
"Plat of Survey"filed in the office of the Recorder, Story County, Iowa, on March
12, 1993 in Book 11,Page 140; except the North 50 feet of the NEl/4 of the NE'/4 of
Sec. 14, except the West 242.02 feet thereof, and the North 50 feet of the NWl/4 of
the NWl/4 of Sec. 13, except the East 83.74 feet thereof, all in T83N-R24W of the
5t'P.M., City of Ames, Story County, Iowa.
which real estate is to be platted and known as Menards Subdivision, an Official Plat, City of
Ames, Story County, Iowa.
May 21, 2018
Page 2 '
The proprietor and record fee titleholder to the property being platted is Menard,Inc., a
Wisconsin corporation, subject to the following(all references to recorded documents are in Story
County, Iowa):
MORTGAGE HOLDERS: None
LIENHOLDERS: None
ENCUMBRANCES:
1. Easements,terms,conditions,covenants,restrictions and provisions as contained in the
Easement Agreement by and between Hickory Park, Inc. and The City of Ames, Iowa
dated August 18, 1998,recorded August 28, 1998, as Instrument No. 98-12103.
2. Easement for surface water flowage purposes in favor of the City of Ames, as
contained in the Surface Water Flowage Easement, dated January 17, 2007, recorded
September 11, 2007, as Instrument No. 07-10828.
3. Easement for access purposes in favor of the City of Ames, as contained in the
Permanent Access Easement,dated January 17,2007,recorded September 11,2007,as
Instrument No. 07-10830.
4. Terms as contained in an Agreement permitting to rezoning and installation of
sidewalks at 530 and 900 Southeast 16th Street in the City of Ames dated May 10,2010,
recorded May 18, 2010, as Instrument No. 10-04489.
5. Terms and conditions of the unrecorded Lease or Leases in favor of Outdoor Systems
Advertising for billboard purposes on Parcel"C", as evidenced by parcels designated
as such and shown on the Story County Assessor tax rolls as mentioned in a Business
Entity Warranty Deed dated March 27,2018 and filed on March 29,2018 as Instrument
No. 18-02423.
6. Restrictive Use Agreement by and between Hickory Park, Inc. and Menard, Inc. dated
March 27, 2018 and recorded March 29, 2018 as Instrument No. 2018-02416.
Normal and customary utility easements are not considered encumbrances to be noted in
this opinion in accordance with Section 354.11(3) of the Iowa Code.
Respectfully submitted,
Christopher R. Pose
For the Firm
CRP/dj
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