HomeMy WebLinkAboutA004 - Examination of Title by Hogan Law Office dated November 22, 2019 5 �
HOGAN LAW OFFICE
3101 INGERSOLL AVENUE, SUITE 103
DES MOINES, IOWA 50312
(515)279-9059
TIMOTHY C. HOGAN
JACOB M. OETH
November 22, 2019
City of Ames
515 Clark Avenue
Ames, Iowa 50010
RE: The West End Center
Pursuant to Iowa Code § 354.11 I have examined the abstract of title numbered 1910282829UPD
showing record title from Root of Title to and including November 14, 2019 at 8:00 A.M., last
continued by Abstract & Title Services of Story County for the real estate described in Exhibit
"A" (the"Real Estate"). As of the date of the last continuation of the abstract,I certify that record
title is vested in Dickson D. Jensen and Luann C. Jensen, a married couple, subject to the
following:
1. Pursuant to Iowa Code§ 354.11,I certify that there are no mortgages,liens,or other
encumbrances on the real estate hereinabove described, except for:
A. Mortgage executed by Dickson Jensen and Luann Jensen in favor of Central State
Bank recorded May 13, 2016 as Inst.No. 16-04029.
B. Mortgage executed by Dickson Jensen and Luann Jensen in favor of Central State
Bank recorded August 3, 2016 as Inst. No. 16-07426 and re-recorded as Inst. No.
17-00916.
C. Assignment of Rents executed by Dickson Jensen and Luann Jensen in favor of
Central State Bank recorded May 13, 2016 as Inst.No. 16-04030.
D. Assignment of Rents executed by Dickson Jensen and Luann Jensen in favor of
Central State Bank recorded August 3,2016 as Inst.No. 16-07427 and re-recorded
as Inst.No. 17-00917.
2. Real estate taxes are paid in full on the Real Estate for fiscal year 2017-2018 and
all prior years. Real estate taxes for fiscal year 2018-2019 are shown as due in the amount of
$14,227.00. This Real Estate is assessed Parcel No. 09-08-302-015.
Insofar as this opinion is prepared pursuant to Iowa Code § 354.11, certain items such as utility
easements have been omitted from this opinion. This opinion is given strictly for platting purposes,
and no opinion is expressed herein with respect to utility easements or similar matters that affect
the property under examination herein.
In issuing this opinion, I pass only on the title as shown in the above-described description. I can
give no report on(a) location of all public utility lines that service the property and the necessary
easements therefor; (b) easements existing by virtue of usage, as the same does not appear on the
abstract; (c) location of boundary lines; (d) stolen or forged documents; (e) rights of undisclosed
spouses; and(f) rights of parties in possession.
You should ascertain also that no improvements either in the form of labor or materials, which
have been placed on the premises in the last ninety days, still remain unpaid, as they would
constitute liens without being shown of record.
You should determine whether any solid wastes,hazardous substances,pollutants,above or below
ground storage tanks,drainage wells,water wells, landfill sites or other environmentally regulated
conditions exist on the property. Such conditions are not ordinarily shown in the abstract,but they
may result in injunctions, fines,required cleanup, or other remedial actions under federal, state or
local laws. These laws may impose liens against the property and personal liability against the
owner, even though the owner did nothing to create the conditions and acquired the property
without knowing about it.
No report is made by the abstracter of special assessments not yet shown on the tax books of Story
County, Iowa and,therefore,no examination is made as to these. Special assessments against any
property within a municipality should be determined by checking with the City Clerk of said
municipality.
This opinion is rendered solely for the benefit of the addressee or addressees named herein. No
other persons shall be entitled to rely upon the contents of this opinion, or the conclusions
expressed herein without the prior written consent of the undersigned examining attorney.
Sincerely
Timothy C. Hogan
TCH:rr
Attachment
EXHIBIT "A"
THE WEST END CENTER
Beginning at a point on the south line of the Northwest Quarter(NW'/4)of the Southwest Quarter
(SW'/4) of Section Eight(8), Township Eighty-three(83)North, Range Twenty-four(24) West of
the 5th P.M., Story County, Iowa, distant S89°03'30"E 45.0 feet from the SW Corner thereof;
thence NO°06'12"W 473.4 feet parallel to and 45.0 feet distant easterly from the west line of the
said NW'/4 of the SWl/4 to the southerly line of the plat of Willow Creek Estates Second Addition
to the City of Ames, Story County, Iowa;thence along the southerly boundary of said Addition:
S89006'12"E 210.0 feet; SO°06'12"E 220.0 feet; S89006'1211E 390.0 feet; and N10°53'48"E 77.2
feet; thence S89°06'12"E 119.3 feet; thence S0°06'12"E 330.0 feet to the South line of the said
NWl/4 of the SW'/4;thence N89°03'30"W 734.1 feet to the point of beginning; subject to public
road right-of-way and containing 5.56 acres, all in the City of Ames, Story County, Iowa,
EXCEPT Commencing at the SW Corner of the NW'/4 of the SWl/4 of Sec. 8-T83N-R24W of
the 5th P.M., Story County, Iowa; thence S89°03'30"E 45.0 feet along the south line of the said
NW'/4 of the SW%4; thence NO°06'12"W 329.5 feet parallel to and 45.0 feet easterly from the
west line of the said NW%4 of the SW'/4 to the point of beginning; thence continuing
N0006'12"W 143.9 feet to the southerly line of the plat of Willow Creek Estates Second
Addition to the City of Ames, Iowa; thence S89°06'12"E 210.0 feet along the southerly
boundary of said Addition; thence SO°06'12"E 143.9 feet; thence N89006'12"W 210.0 feet to the
point of beginning; containing 0.69 acres, all in the City of Ames, Story County,Iowa,AND
EXCEPT The South 50 feet of the West 779.1 feet and the East 5 feet of the West 50 feet of the
South 330 feet of the NWl/4 of the SW'/4 of Sec. 8-T83N-R24W of the 5th P.M., Ames, Story
County, Iowa, containing 0.93 acres,more or less.
AND
A part of Willow Creek Estates Second Addition to the City of Ames, Story County, Iowa
described as: Commencing at the SW Corner of the Northwest Quarter(NW'/4) of the Southwest
Quarter(SW'/4) of Section Eight(8), Township Eighty-three (83)North, Range Twenty-four(24)
West of the 5th P.M., Story County, Iowa;thence S89°03'30"E 45.0 feet along the south line of
the said NW'/4 of the SW'/4;thence NO°06'12"W 329.5 feet parallel to and 45.0 feet easterly from
the west line of the said NW'/4 of the SW'/4;thence S89°06'12"E 210.0 feet to the point of
beginning; thence continuing S89°06'12"E 404.7 feet; thence SIO'53'48"W 77.2 feet;thence
N89006'12"W 390.0 feet; thence NO°06'12"W 76.1 feet to the point of beginning; containing
0.69 acres, all in the City of Ames, Story County, Iowa.