HomeMy WebLinkAboutA006 - Attorney's Opinion dated July 5, 2019 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 Finn with offices at 2605
Northridge Parkway,Ames,Story County,Iowa. I further state that I have examined the Abstract of
Title, in one(1) part, to the following-described real estate, to-wit:
Lots Three (3) and Four (4) in Block One (1) of First Addition to Southwood
Subdivision, Ames, Story County, Iowa
(collectively, the "First Addition Parcels");
AND
Parcel "C" of Lots One (1) and Two (2) of Third Addition to Southwood
Subdivision,Ames,Story County,Iowa,as shown on the"Plat of Survey"filed in the
office of the Recorder of Story County, Iowa, on March 8, 2019, as Instrument No.
2019-01596
("Parcel-C") (the First Addition Parcels and Parcel-C are hereinafter collectively referred to as the
"Real Estate") from the root of the title thereof, down to and including the 7th day of June, 2019 at
8:00 a.m., 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
FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,
IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the First Addition Parcels is vested in FHS Ames 21 L.P. and the fee simple title to Parcel-C is
vested in FHS Ames 1, L.P. and FHS Ames 2, L.P. The Real Estate is subject to easements of
record and to zoning ordinances of the City of Ames, Iowa, as well as the following:
1. Memorandum of Lease between JRC Ames Limited Partnership ("JRC") and
KMART Corporation dated July 15, 1994, and filed in the office of the Recorder of
Story County, Iowa, on August 15, 1994, as Instrument No. 94-09262 ("Lease
Memo-1");
2. Reciprocal Easement and Operation Agreement between JRC, Dalan/Jupiter, Inc.
("Dalan"), and Aldi, Inc. ("Aldi")dated October 27, 1994, and filed in the office of
the Recorder of Story County, Iowa, on November 10, 1994, as Instrument No. 94-
11981, as amended by that certain First Amendment to Reciprocal Easement and
Operation Agreement dated May 15, 1997, and filed in the office of the Recorder of
Story County, Iowa,on May 23, 1997, as Instrument No. 97-05024,and as assigned
by that certain Assignment of Rights Under Reciprocal Easement and Operation
Agreement dated May 15, 1997, and filed in the office of the Recorder of Story
County, Iowa, on May 23, 1997, as Instrument No. 97-05027;
3. Covenants, Conditions, Restrictions and Reciprocal Rights Agreement between
Dalan and Aldi dated October 27, 1994, and filed in the office of the Recorder of
Story County, Iowa, on November 10, 1994, as Instrument No. 94-11982, as
supplemented by that certain Agreement dated May 15, 1997,and filed in the office
of the Recorder of Story County, Iowa, on May 23, 1997, as Instrument No. 97-
05023, as amended by that certain First Amendment to Covenants, Conditions,
Restrictions and Reciprocal Rights Agreement dated May 15, 1997, and filed in the
office of the Recorder of Story County, Iowa, on May 23, 1997, as Instrument No.
97-05025, and as assigned by that certain Assignment of Rights Under Covenants,
Conditions,Restrictions and Reciprocal Rights Agreement dated May 15, 1997,and
filed in the office of the Recorder of Story County, Iowa, on May 23, 1997, as
Instrument No. 97-05028;
4. Consent Agreement and Covenant Not to Build between Dalan and Buddy Taub
dated November 30, 1994, and filed in the office of the Recorder of Story County,
Iowa, on January 17, 1995, as Instrument No. 95-00428;
5. Memorandum of Lease between Dalan and Staples, Inc. ("Staples")dated February
14, 1997, and filed in the office of the Recorder of Story County, Iowa,on April 28,
1997, as Instrument No. 97-04031 ("Lease Memo-2");
6. Memorandum of Lease between Dalan and Staples dated February 14, 1997, and
filed in the office of the Recorder of Story County, Iowa, on May 23, 1997, as
Instrument No. 97-05021 ("Lease Memo-3");
7. Memorandum of Lease between Dalan and Cinemark USA,Inc. ("Cinemark")dated
May 16, 1997, and filed in the office of the Recorder of Story County,Iowa,on May
23, 1997,as Instrument No. 97-05022,as amended pursuant to that certain Affidavit,
with attachments, dated April 15, 1998, and filed in the office of the Recorder of
Story County, Iowa, on April 23, 1998, as Instrument No. 98-05051 (collectively,
"Lease Memo-4") (Lease Memo-1, Lease Memo-2, Lease Memo-3, and Lease
Memo-4 are hereinafter collectively referred to as the"Lease Memos"); and
8. Parking Area Improvement Agreement between Pine Tree Ames,L.L.C.,Cinemark,
Richard D. Freemon,Trustee of the Richard D. Freemon Restated Revocable Tryst
dated August 11, 1994, and George F. Hartman and Maria S. Hartman, Co-Trustees
of the Maria and George Hartman Revocable Trust dated December 18, 1985 dated
November 30,2000,and filed in the office of the Recorder of Story County,Iowa,on
February 8, 2001, as Instrument No. 01-01473.
Furthermore, based upon information within said Abstract of Title and within the Lease
Memos,FHS Ames 1,L.P.and FHS Ames 2,L.P.were the only parties required to provide consent
with respect to the subdivision of the Real Estate pursuant to Iowa Code § 354.11(1)(a).
Dated this 5—day of July, 2019.
DAVIS BROWN LAW FIRM
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046