HomeMy WebLinkAboutA003 - Letter from Davis Brown dated June 3, 2019 - Attorney's opinion / DAVISBROMN' Christopher S.Talcott
christalcott u.davisbrownlaw.com
. phone:5 15-288-2500
LAW FIRM
Des Moines Office
June 3, 2019
Mayor and City Council
City of Ames
515 Clark Avenue
Ames, IA 50010
Ladies and Gentlemen:
I
We have examined an Abstract of Title commencing with the Root of Title entry and
ending with Abstract No. 1905281 175 prepared by Abstract and Title Services of Story County
and certified that it reflects all matters up to May 24, 2019 at 8:00 a.m., relating to the following
property:
Parcel "A" of Lot Two (2) and part of Lot Three (3), Deery Subdivision, Ames,
Story County, Iowa, as shown on the "Plat of Survey" filed in the office of the
Recorder of Story County, Iowa, on October 4, 2018, as Inst. No. 18-09189,
Slide 618, Page 1.
To be known after platting as Decry Subdivision, Plat 2.
As of that date and time, we find from our examination that good and marketable title to the
property described above is held by:
AmKin18,LLC,an Iowa limited liability company,as to an undivided
83.17% interest,and Ambrose Properties,LC,an Iowa limited liability
company,as to an undivided 16.83% interest,as tenants in common.
EXCEPT THAT it is subject to the following:
1. MORTGAGE. There is shown a Mortgage dated November 20, 2018, filed
November 21, 2018 in Inst. No. 18-10547 of the Story County Recorder's Office from AmKin18,
LLC and Ambrose Properties, LC to West Bank. This Mortgage is a lien on the property
under examination and you must obtain the Mortgagee's consent to your new plat.
2. REAL ESTATE TAXES. Real estate taxes for fiscal year 2017-2018 (payable
in 2018-2019) are as follows: Parcel No. 09-13-200-060, taxes not yet certified; Parcel No. 09-
13-200-050, taxes paid in two installments of$11,977.00 each; Parcel No. 09-13-200-100, taxes
paid in two installments of$16,640.00 each.
#3076402
DAVIS BROWN KOEHN SHORS & ROBERTS P.C.
FIRM FAX 5 1 5,243.0654 THE HIGHLAND BUILDING, 4201 WESTOWN PKWY., STE. 300, WEST DES MOINES, IA 50266
TWE ua OFFICF. 300 u_ . -• c•_ - •
June 3, 2019
Page 2
3. SEARCHES. The abstracter has conducted ten-year judgment lien searches
against the owners and nothing is shown.
4. EASEMENTS AND COVENANTS. The following easements and covenants
are shown in the Story County Recorder's office:
(a) City of Ames, Iowa zoning ordinances;
(b) Agreement Pertaining to the Development of Land in the City of Ames
Called Deery Subdivision entered into between Deery, Deery and Decry, LLC and the City of
Ames, filed November 28,2012 in Inst.No. 12-14224 of the Story County Recorder's Office, as
amended by a First Amendment filed October 23, 2014 in Inst.No. 14-09485.
(c) Agreement for Sidewalk and Street Trees entered into between prior
titleholders and the City of Ames, filed November 28, 2012 in Inst.No. 12-14220 of the Story
County Recorder's Office.
(d) Agreement entered into between prior titleholders and the City of Ames,
filed November 28, 2012 in Inst.No. 12-14220 of the Story County Recorder's Office, granting
various easements in favor of the City. Said easements are further governed by an Outlot and
Easement Maintenance Agreement filed April 16,2015 in Inst.No. 15-03094.
(e) Covenant for Assessment of Costs of Sidewalk Improvements entered
into between the present titleholder and the City of Ames, filed November 28, 2012 in Inst.No.
12-14225 of the Story County Recorder's Office.
(f) Floating Future Stormwater Drainage Easement in favor of the City of
Ames filed November 28, 2012 in Inst.No. 12-14226.
(g) Easements, setbacks, and development notes set forth on the Plat of
Deery Subdivision filed November 28, 2012 in Inst.No. 12-14219.
(h) Easements, setbacks, and development notes set forth on the Plat of
Survey filed October 4, 2018 in Inst.No. 18-09189.
(i) Prohibition of direct access to Primary Road No. U.S. 30 and its ramps to
relocated Dayton Avenue south of SE 16th St. as set forth in Patent filed September 3, 1998 in
Inst.No. 98-12413.
0) Easement retained in favor of State of Iowa to pond water on property to
an elevation one foot over present roadway(U.S. Highway 30) reserved in Patent filed September
3, 1998 in Inst.No. 98-12413.
(k) Right of entry for constructing and maintaining right of way fence for
vehicle access control purposes reserved to State of Iowa in Patent filed September 3, 1998 in
Inst.No. 98-12413.
June 3, 2019
Page 3
(1) S.E. 16th Street Bridge and Street Improvement Project Covenant for
Assessment of Costs of Improvements filed September 11, 2007 in Inst.No. 07-10821.
(m) Special Assessment Contract and Waiver Southeast Entryway Project
Ames, Iowa filed August 3, 2009 in Inst.No. 09-09890.
(n) Tenant in Common Agreement as evidenced by a Memorandum of
Tenant in Common Agreement filed November 21, 2018 in Inst.No. 18-10533 of the Story
County Recorder's Office.
(o) Declaration of Mutual Restrictive Covenants filed November 21, 2018 in
Inst.No. 18-10534 of the Story County Recorder's Office.
(p) Ingress/Egress Easements,Construction and Joint Maintenance
Agreement filed November 21, 2018 in Inst.No. 18-10535 of the Story County Recorder's
Office.
GENERAL MATTERS.
(a) This Opinion is prepared for purposes of complying with Section 354.11 of the
Iowa Code and only shows information of record that is required by Section
354.11.
(b) This opinion does not cover matters which are not included in the abstract, and
you should determine for yourself if any of the following items may be a
problem:
(1) Plat and boundary lines;
(2) Parties in possession;
(3) Special assessments not yet certified with the County Treasurer;
(4) Liens for charges for municipal services not yet certified with the County
Auditor;
(5) Zoning ordinances;
(6) Personal property taxes against the titleholder in the county where the
property is located, which are not assessed in the taxing district where
the property is located; and
(7) Labor or material furnished on the property within the last ninety (90)
days which might become subject to mechanic's liens.
June 3, 2019
Page 4
Sincerely,
DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C.
Christopher S. Talcott