HomeMy WebLinkAboutA008 - Attorney's Opinion dated August 18, 2020 F
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 Firm with offices at 2605
Northridge Parkway,Ames, Story County,Iowa. I further state that I have examined the Abstract of
Title to the following-described real estate, to-wit:
Outlot P, Sunset Ridge Subdivision Fifth Addition, Ames, Story County, Iowa
(the"5th Addition Parcel")
AND
Outlot KK, Sunset Ridge Subdivision Sixth Addition, Ames, Story County, Iowa
(the "6th Addition Parcel") (the 5th Addition Parcel and the 6th Addition Parcel are hereinafter
collectively referred to as the"Real Estate")from the root of the title thereof,down to and including
the 13th day of August, 2020, 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 SUNSET RIDGE SUBDIVISION TENTH ADDITION,AMES,
STORY COUNTY, IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the 5th Addition Parcel is vested in Sunset Ridge Property Owners Association and that the fee
simple title to the 6th Addition Parcel is vested in Hunziker Land Development Company,L.L.C.
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. With respect to the 6th Addition Parcel only, that certain Open-End Real Estate
Mortgage in the amount of $4,000,000.00 given to Ames Community Bank, dated
November 29, 2011, and filed in the office of the Recorder of Story County, Iowa, on
P �
December 2, 2011, as Instrument No. 11-12128; and
2. That certain Agreement Pertaining to the Subdivision Platting and Development of Land
in the City of Ames Called Sunset Ridge Subdivision(the"Agreement")dated June 14,
2005,and filed in the office of the Recorder of Story County,Iowa,on October 10,2005,
as Instrument No. 05-12720, as the Agreement was supplemented by that certain
Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated April 27,
2010, and filed in the office of the Recorder of Story County, Iowa, on May 4,2010, as
Instrument No. 10-03916, and as the Agreement was further supplemented by that
certain Second Supplemental Agreement Pertaining to the Sunset Ridge Subdivision
dated October 23,2012,and filed in the office of the Recorder of Story County,Iowa,on
February 20, 2013, as Instrument No. 13-01932.
Dated this 18th day of August, 2020.
DAVIS BROWN LAW FIRM
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046