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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.