HomeMy WebLinkAboutA001 - Letter to Iowa Natural Heritage Foundation from Dickinson Law dated December 27, 2021 - title opinion r
David L.Wetsch
DICKINSONLAW (515)246-4555
�,• ,, „ :?,, X,�,. ,,;, , dwetsch@dickinsonlaw.com
December 27, 2021
Iowa Natural Heritage Foundation B. Joan White
Attention: Ross Baxter 3236 Ellis Street
505 —Fifth Avenue, Suite 444 Ames, IA 50014
Des Moines, IA 50309
Re: Story County
Dear Mr. Baxter and Ms. White:
The undersigned hereby certifies that I have examined title to the following described real
estate in Story County, Iowa, to-wit:
Parcel "A" a part of the Northeast Quarter (NE '/4) of the Southeast Quarter (SE '/4)
of Section Twenty-one (21), Township Eighty-four (84) North, Range Twenty-four
(24) West of the 5' P.M., Story County, Iowa, as shown on the Plat of Survey
recorded on May 31, 1996, as Inst.No. 96-05211, Book 13, Page 249;
as disclosed by an abstract consisting of a series of continuations, last certified by Abstract&Title
Services of Story County, #2112203693, extending from the original government patent to
December 20, 2021, at 8:00 o'clock a.m.
TITLE
I find marketable title of record in fee simple and free from material objections, except as
are hereinafter mentioned to be in:
LEROY D. STURGES and SUE A. STURGES
husband and wife, as,point tenants with full rights of
survivorship and not as tenants in common
Grantees named under a Warranty Deed dated September 13, 1999, filed September 22, 1999, as
Inst.No. 99-13128 of the Story County Recorder's Office,as shown at Entry No. 54 of the abstract.
EXCEPTIONS
1. Entry No. 35 of the abstract shows a Plat of Survey dated May 30, 1996, filed May
31, 1996, in Book 13, Page 249, or Inst. No. 96-05211, of the Story County Recorder's Office.
This Plat of Survey depicts the specific property under examination. For your reference a copy of
this survey is attached to this opinion and is incorporated by this reference. The survey indicates
that access to the property under examination is obtained from Hyde Avenue lying along the
Easterly boundary.
699 Walnut Street, Suite 1600,Des Moines,IA 50309 Phone: 515.244.2600 Fax: 515.246.4550
www.dickinsonlaw.com
DICKINSON,MACKAMAN,TYLER&HAGEN,P.C.
Iowa Natural Heritage Foundation
December 27, 2021
Page 2
2. Entry No. 50 of the abstract shows an Easement to Xenia Rural Water District dated
November 16, 1996, filed November 27, 1996, as Inst. No. 96-12917 of the Story County
Recorder's Office. Pursuant to the terms and conditions of this instrument, Xenia Rural Water
District is granted a perpetual easement to construct, lay, and thereafter use, operate, inspect,
maintain, repair, replace and remove a water line, with appurtenances thereto, over and across a
30-foot wide strip of the property under examination adjacent to the existing road right-of-way.
This easement remains in effect.
3. Entry No. 51 of the abstract shows a second Easement to Xenia Rural Water District
dated November 16, 1996, filed November 27, 1996, as Inst. No. 96-12919 of the Story County
Recorder's Office. Pursuant to the terms and conditions of this instrument, Xenia Rural Water
District is granted a perpetual easement to construct, lay, and thereafter use, operate, inspect,
maintain, repair, replace and remove a water line, with appurtenances thereto, over and across a
30-foot wide strip of the property under examination adjacent to the existing road right-of-way.
This easement remains in effect.
4. Entry No. 75 of the abstract shows a Sanitary Sewer Easement to the City of Ames,
Iowa, dated April 23, 2014, filed September 5, 2014, as Inst. No. 14-07946 of the Story County
Recorder's Office. Pursuant to the terms and conditions of this instrument, the City of Ames,
Iowa,is granted a perpetual easement for sanitary sewer purposes over and across a.01 acre parcel
of the property under examination. This easement remains in effect.
5. Entry No. 76 of the abstract shows a Storm Sewer Easement to the City of Ames,
Iowa, dated April 23, 2014, filed September 5, 2014, as Inst. No. 14-07947 of the Story County
Recorder's Office. Pursuant to the terms and conditions of this instrument, the City of Ames,
Iowa, is granted a perpetual easement for a storm sewer over and across a .09 acre parcel of the
property under examination. This easement remains in effect.
6. Entry No. 69 of the abstract shows a Plat dated September 30, 2010, filed October
6, 2010, as Inst. No. 10-09730 of the Story County Recorder's Office. This Plat creates Outlot
"A"along the Westerly boundary of the property under examination, and also Street Lot"X". For
your reference a copy of this plat is attached to this opinion and is incorporated by this reference.
7. Entry No. 79 of the abstract shows a Real Estate Mortgage dated August 9, 2016,
executed by Leroy D. Sturges and Sue A. Sturges, husband and wife, to Mortgage Electronic
Registration Systems, Inc., as Nominee for Veridian Credit Union, for $347,000.00, and filed for
record in the office of the Recorder of Story County,Iowa,August 16,2016,as Inst.No. 16-07931.
Said entry further indicates a final due date of September 1, 2046, and that the mortgage contains
a"due-on-sale" clause.
8. Entry No. 81 of the abstract shows an Option to Purchase Agreement dated
November 15, 16 and 17 of 2021, filed November 23, 2021, as Inst. No. 21-14760 of the Story
County Recorder's Office. Pursuant to the terms and conditions of this instrument, the current
titleholders granted to B. Joan White, a single person, and the Iowa Natural Heritage Foundation
DICKINSON,MACKAMAN,TYLER&HAGEN,P.C.
Iowa Natural Heritage Foundation
December 27, 2021
Page 3
an option to purchase 30.86 acres of the parcel under examination for the sum of$740,000.00,
with B. Joan White to be acquiring an 85% ownership interest in the property under examination,
and paying 85%of the purchase price, and the Iowa Natural Heritage Foundation acquiring a 15%
title interest in the property under examination and paying 15%of the purchase price. This Option
Agreement has been executed by all parties.
9. Entry No. 83 of the abstract shows real estate taxes for the property under
examination as follows:
2019//2020 fiscal year taxes and all prior years— paid.
2020/2021 fiscal year taxes:
First Installment - $2,870.00 paid;
Second Installment - $2,870.00 due but not delinquent.
Parcel No. 05-21-400-205.
10. Due to several minor inconsistencies which appear in the chain of title, I require
that the current titleholders execute and record with the Story County Recorder's Office at or prior
to closing an Affidavit of Possession.
11. The abstract indicates that appropriate lien searches have been conducted for the
current titleholders, with no judgments or liens shown except as noted above.
12. This title opinion is subject to in tandard exceptions attached hereto and by this
reference incorporated herein. You should tak note of t se exceptions.
espectful su itted,
� 0
DAVID L. WETSCH
Iowa Title Guaranty Examiner No. 1253
DLW/bls
DICKINSON,MACKAMAN,TYLER&HAGEN,P.C.
Iowa Natural Heritage Foundation
December 27, 2021
Page 4
SCHEDULE A
STANDARD EXCEPTIONS
The foregoing Title Opinion is further subject to the following:
1. Rights or claims of parties in possession not shown by the public records and
reflected in the Abstract of Title.
2. Easements, or claims of easements, not shown by the public records and reflected
in the Abstract of Title.
3. Encroachments, overlaps,boundary line disputes, or other matters which would be
disclosed by an accurate survey or inspection of the premises.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished imposed by the laws of the State of Iowa and not reflected in the public records and the
Abstract of Title. The Abstract Company has indicated that it made a search on the Mechanic's
Notice and Lien Registry maintained by the Iowa Secretary of State for STORY County, Iowa.
The search did not reflect any filings unless noted otherwise in the Title Opinion.
5. Zoning limitations and compliance with the zoning classification for the property,
including but not limited to any flood plain zoning.
6. Special assessments that may exist by virtue of a resolution of necessity having
been adopted by the taxing authority but not certified to the County Treasurer wherein the property
is located.
7. Liens not appearing of record and in the Abstract of Title granting certain rights to
creditors upon fixtures such as furnaces, dishwashers, and other removable property in the
improvements on the real estate covered by this Opinion.
8. The Abstract of Title has been brought forward to the date indicated in this Opinion
in a summary, informal form referred to as pencil notes. These notes are not formally certified by
the abstract company; therefore, our Opinion is subject to any changes made by the abstract
company in the final certified form of the Abstract of Title.
9. Any lien or right to a lien,or a liability for environmental liens/liability not reflected
in the public records where the real estate is located or that would be disclosed by a proper
environmental audit. 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 of Title,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
condition, and acquired the property without knowing about such conditions.
DICKINSON,MACKAMAN,TYLER&HAGEN,P.C.
Iowa Natural Heritage Foundation
December 27, 2021
Page 5
10. For any sale, transfer or conveyance of ownership of a building where a person
resides, congregates, or is employed, that is served by a private sewage disposal system, (and
where no exception applies),we require that prior to any title transfer,the sewage disposal system
serving the building shall be inspected by a certified inspector pursuant to Iowa's Time of Transfer
Inspection Program.
DICKINSON,MACKAMAN,TYLER&HAGEN,P.C.
Iowa Natural Heritage Foundation
December 27, 2021
Page 6
SCHEDULE B
CLOSING REQUIREMENTS
The following are the requirements in order for our Firm to issue a final title opinion opining that
the proposed grantee (buyer) holds the record merchantable title to the real estate covered by our
Opinion:
1. All mortgages noted in our Opinion must be satisfied and released of record.
2. All judgments noted in our Opinion against the record merchantable titleholder or
the proposed titleholder must be satisfied and released of record.
3. Delinquent and current taxes which are a lien must be paid.
4. Matters covered by our Standard Exceptions will remain.
5. Instruments necessary to create the estate or interest of the proposed grantee(buyer)
must be properly drafted, executed, delivered and duly filed for record.
6. Judgment and other searches against the record merchantable titleholder must be
brought current by the abstract company and nothing further than as noted in our Opinion must
show of record before the conveying instrument(s) is placed of record.
- I
-AM MAY 3 1 19
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STUMBO AND ASSOCIATES LAND SURVEYING, INC. P.O. BOX 1664 AMES, IOWA 500]0 515-233-3689
PLAT OF SURVEY E]/4 CORNER
SEC. 21-84-24
589'51'12"E 1314.01 PIPE FOUND
S89'5]'12"E -
-/ 131A.01'
\;- 33
CENTER NW CORNER N
SEC. 21-84-24 SEC. 21-BA-24
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PARCEL 'A' Z `"
FLORENCE CASTONGUA
LOLA M. BARR & 36.12 ACRES TOTAL w x
CHARLES F. BARR w -0.91 ACRES ROAD ^ Z.
to 35.21 ACRES NET .-+ w o
SURVEY REQUESTED m ¢I m Z
BY: TOM JUDGE
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1/2' REBAR o W z
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GRAPHIC SCALE 1"=300' PIPE FOUND-24
0 300 600 900
Survey Description - Parcel 'A' . a
Part of the Northeast Quarter of the Southeast Quarter of
Section 21. Township 84 North. Range 24 West of the 5th P.M..
Story County, Iowa, more particularly described as follows:
Beginning at the East Quarter corner of said Section 21; thence m
S00'33']7"W, 1199.19 feet along the east line of the Northeast
Quarter of the Southeast Quarter of said Section 21: thence ti
NB9'43'4i"W, 132.06 feet to the west line of the NortheastCn
Quarter of the Southeast Quarter of said Section 21; thence -SE CORNER
NOD.30'36"E, ]196.30 feet to the Northwest corner of the SEC. 21-84-24
Northeast Quarter of the Southeast Quarter of said Section 21; 1/2" SMOOTH
thence S69'51'12"E, 1314.01 feet to the point of beginning, BAR FOUND
containing 36.12 acres, which includes 0.91 acres of existing
public road right-of-way.
ALTERNATE DESCRIPTION-PARCEL 'A': PARCEL 'A' IN THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 84
NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AS
SHOWN ON THE "PLAT OF SURVEY" FILED IN THE OFFICE OF THE 249 S T
RECORDER OF STORY COUNTY. IOWA ON THE 31ST Dix OF
AT PAGE L (/
Mgy 1996, AND RECORDED IN BOOK 3 m�QC�GISTEgF0�0
Certification:
I hereby certify that this land surveying document was made p
by me or under my direct personal supervision and that I am 2 6586
a duly gistered Land Surveyor under the laws of the State
of Io
Q�
Ho Isvav �o
Date: •4 �
ert L. Stu Jr. .R.L.S. # 586
My registration is due for re ewal on December 31, 1996
Job #13263 Date:5/28/96
BOOK PAW
5
ti
E Ikf Instrurent:2010-OD009730
Date:Dct 06,2010 03:20:16P s
p Rec Fee: 75.00 E-Caa Fee: 3.0000
(/ RAudec Fee:
5.00 Trani Taxi
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e /�Q Rec IfanasL'•eot Fee:
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Filed for record in Story County. Iona �a
Susan L.Vande Rows County Recorder. #� ;
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