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HomeMy WebLinkAboutA005 - Agreement dated December 13, 1996 04914 ' STORY COUNTY, iOWA FILED FOR RECORD JW MAY 2 01997 PM �2 x �-v.p 9U9AN L YANDE�,Fieoo* Re wft Fee�► ' DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER REIlJCtN*, Prepared by: John P-Klaus,City of Ames Legal DepartrneuL 515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) STREET EASEMENT AGREEMENT THIS AGREEMENT, made and entered into effective as of the 13 lay of , 1996, by and between JOHN, JAMES AND JERRY QUAM, MARILYN TROW, Grantors, and THE CITY OF AMES,IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: LOTS 1, 2, AND 3, BLOCK 5 OF BLACK'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA. in Ames, Story County, Iowa; and, WHEREAS, Grantee desires an easement with respect to a portion of said real estate for purposes of a public street; NOW,THEREFORE,for and in consideration of the payment by Grantee to Grantors herein stated, the aforesaid Grantors and Grantee have agreed and do agree, as follows: 1. Permanent Perpetual Easement Granted. Grantors do hereby grant to Grantee a permanent perpetual easement for a public street, utilities and street construction and maintenance purposes over, across and under: all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 2. Temporary Easement for Construction Granted. Grantors do hereby grant to Grantee, over, across and under the area shown on the attached Exhibit A, a temporary easement to allow Grantee,its agents, contractors and employees a right of entry in, upon and onto the said area for the purpose of construction of the U.S. 69 - Duff Avenue Widening Improvement Project. These improvements include,but are not limited to: regrading, paving driveways and parking lots, sidewalk construction, sodding of disturbed areas and other improvements. It is understood and agreed that the Grantee will remove its construction materials and equipment from the temporary easement area at the completion of the said improvements. Also the Grantee will ensure access to the property during business hours while improvements are made and shall restore said described property to a satisfactory condition after temporary easement is no longer required. It is understood and agreed that the consideration for this easement includes full compensation for damages, if any, to the temporary easement area. I:WP,AMISVSNYDER-1.EAS 1 It is also understood and agreed that the Grantors hereby release the Grantee from liability and relinquishes any claim for damages to the property first above described arising out of the above described public project, except such damages as may be caused by the negligent acts or omissions of the Grantee or its agents, contractors, or employees. 3. Renegotiation of Damages. It is acknowledged that the Grantors, as owners, shall have five years from the date first above written, as the date of settlement, to renegotiate construction and maintenance damages not apparent at the time of settlement, and this agreement shall be written notice to the owner of such right, all as provided by Section 6B.52 Code of Iowa, 1995. 4. Structures Prohibited. Grantors shall not construct, erect or place any structure over or within the areas over which an easement exists by virtue of this agreement without obtaining prior written consent of the Grantee. 5. Change of Grade Prohibited. Grantors shall not change the grade, elevation or contour of any part of an area over which an easement exists by virtue of this agreement without obtaining prior written consent of the Grantee. 6. Right of Access. The Grantee shall have the right of access to the areas over which an easement exists by virtue of this agreement and have all rights of ingress and egress reasonably necessary for the use and enjoyment of such area, including but not limited to the right to remove any unauthorized obstructions or structures placed or erected on such easement area, and to relocate existing advertising structures on the easement area. 7. Temporary, Easement Termination. The temporary easement for construction granted under this agreement shall terminate, cease and become null and void on completion of the said street project. 8. Warranty of Title. Grantors do hereby covenant and warrant to Grantee that Grantors hold the real estate first above described by title in fee simple, free and clear of mortgages, liens or other encumbrances and that Grantors have good and lawful authority to convey the easement rights herein and that Grantors covenant to warrant and defend the said easement rights against granted, the claims of all persons whomsoever. 9. Successors Bound. This agreement, and the easement granted herein, shall run with the title to the land for which the easement is granted and shall be binding upon the parties hereto and upon their mortgagees, heirs, successors and assigns. 10. Monitoring Wells. It is understood and agreed that should any monitoring wells — owned by Grantors on the above described land be eliminated or disturbed, the Grantee shall plug and abandon said wells. In addition to the lump sum payment shown in paragraph 11 of this agreement, Grantee agrees to reimburse Grantors the actual and reasonable costs of replacing said wells, if replacement is required, to comply with the terms of any law, rule or administrative order. The i replacement of said wells shall be accomplished under the direction of the Iowa Department of Natural Resources. Reimbursement will be made upon Grantors providing Grantee with itemized bills and receipts for the replacement of the wells. L S\sNYDER-LEAS 2 9► "7— 04914 �-) 11. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement 371 sq. ft. $ 5565.00 b. Temporary easement 2,509 sq. ft. $ 100.00 C. Improvements $ 928.00 d. Restripe Parking $ 650.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 TOTAL $7,293.00 Also in consideration of said payment by the Grantee, Grantors, their heirs, successors and assign hereby release the Grantee, City of Ames, from any damages that may be claimed for any permanent or temporary changes in street grade or changes in or loss of vehicular ac cess from Duff Avenue or Lincoln Way due to the U.S. 69 -Duff Avenue Widening Improvement Project. L•WP.AWS\SNMER.1 RAC 3 -7- 04914 ( 3) IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS GRANTEE BYA Grant J, am Larry R Cu is,Mayor d Attest a BY . Sandra L. Ryan, City Clerk 4 STATE OF IOWA, COUNTY OF STORY, SS: On this 13 th day o f December , 1996, before me, a Notary Public in and for Story County, personally appeared Grant J. Quam .to me known to be the person named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. G~PP t'rF DIANE WILHELM JOHNSON MY COMMI '10 EXPIRES Notary Public in and for Story unty, Iowa O P i 3 i 4 '� -7-04-914 (cf) STATE OF IOWA, COUNTY OF STORY, SS: 7 On this day of 199�, before me, a Notary Public in and for the State of Iowa, personally appeared Larry R Curtis and Sandra L. Ryan, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. q`7 15 adopted by the City Council on the day of��Pt ( , 1921 and that Lary R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary fPublic in and for Story quniy, Iowaa L•WPI�NYDER-LEAS 5 9 I- 04914 (S) EXHIBIT "A " ACQUISITION PLAT PARCEL DESCRIPTIONS: (SEE SHEET 2 ) l92'R 60'R 66'R 66'R Parcel 13A - 2880S.F. 1 �1 Parcel 13B - 297S.F. 1 Parcel 13C - 49S.F. r Parcel 13D -25S.F. ^ ) J V-1 l3 a N Parcel l3B Parcel 13A Permanent Parcel I3C Temporary Costructlon Easement 7'x7'Permanent Easement p Easement I Grcel 13D 5'x5'Permanent Easement 190 28' 132' — PA.B. 192R Duff Avenue ------ LEGEND -- ------------------------------------ - Existing Prgtxa5ed c----,_ — Z NN— Sucya�r.. ff%k �L_ Section Corner Ap Iron Monument 0 O ROW Mocker 0 0 0 30 ROW Rail Z �, Pt,PC,PT,POT,POST O Bench Mark m Platted Distance P Aleosured Bearing& !Distance At Recorded As R SCALE Deed Distance p Calculated Distance C Centerline �— Section tine - REVISIONS I Section line , Section Line — — — — -- 11-19-96 Easement One — — — — — — DUFF AVENUE WIDENING - AMES, I QW A SHEET / OF 2 PARCEL /5 - JOHN, JAMES AND JERRY OUAM, MARILYN TROW PN 95477G FN A-960 SNYDER 8� ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: -96 PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA FILE,c,\ \p a\Mec\Platild9n 9 -7- 04914 � (o/ DATE,19-Nov- 6 09+11 EXHIBIT "A „ TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 13A: THE EAST 15 FEET OF LOTS 1 . 2. AND 3. BLOCK 5 OF BLACK'S ADDITION - TO THE CITY OF AMES, STORY COUNTY, IOWA, AND CONTAINING 2880 SQUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 13B: A PART OF LOTS 1 AND 2, BLOCK 5. BLACK' S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 : THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 1 AND 2 TO THE SOUTHEAST CORNER OF SAID LOT 21 THENCE NORTHWESTERLY TO A POINT ON THE SOUTH LINE OF SAID LOT 1 , SAID POINT BEING 3 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 1 ; THENCE NORTH ALONG A LINE BEING 3 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 TO A POINT ON THE NORTH LINE OF SAID LOT 1 : THENCE EAST 3 FEET TO THE POINT OF BEGINNING AND CONTAINING 297 SOUARE FEET MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 13C: THE SOUTH 7 FEET OF THE EAST 7 FEET OF LOT 3. BLOCK 5 OF BLACK'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA. AND CONTAINING 49 SQUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 13D: THE WEST 5 FEET OF THE EAST 8 FEET OF THE SOUTH 5 FEET OF THE NORTH 32 FEET OF LOT 1 . BLOCK 5 OF BLACK' S ADDITION TO THE CITY OF AMES. STORY COUNTY. IOWA. AND CONTAINING 25 SQUARE FEET, MORE OR LESS. DUFF AVENUE WIDENING - AMEES¢ IOWA A SHEET 2 OF 2 PARCEL /3 - JOHN, JAMES AND JERRY OUAM, MARILYN T ROW PN 95477G FN A-960 ENGINEERS 501 S.W. ORALABOR ROAD DATE: 08-01-96 S N Y D E R & ASSOCIATES PLANNERS ANKENY, IA 50021 (515) 964-1010 [TECH: PJA FILE+c+\%\pa\mi.c\ latl3.dgn c)-7w 04914 ( -7` DATE, 19-Nov- 8 09-T1 ` *W.wo.-48343 i STORY COUNTY,I W F. FILED FOR RECORD '� a ✓s M �El � S .��.�.� f� M P f SUSAN L.VANDE KAMP,Rewrdw-..` i ° R9wrd1ng Fee S Auditors Fee$ " SPACi ADM =IS LIIt rm jacm°) 1 t,. POWER OF ATTORNEY The undersigned, John Guam, of San Mateo County, California, does hereby make, constitute and,a I Y appoint Grant J. Guam, 122 North Dakota, Ames, ! s Story County, Iowa, the undersigned's true and lawful Attorney-in-fact, with full right, power and authority for the undersigned and in the undersigned's name, place and stead, to act with respect to the undersigned's undivided one-fourth interest in following-described real estate, to-wit: i 1• Lots 5, 6, 7 and 8, all in Block One (1), Kingsbury's First Addition, t Ames, Story County, Iowa. { 2• Lots 1, 2 and 3, all in Block Five (5), Black's Addition to Ames, Story t i County, Iowa. Giving and Granting unto said Attorney-in-fact the full power and authority to do and perform the following acts with respect to said real estate, as fully as the undersigned might or could do if personally present and acting: To open and maintain account(s) in the name of the undersigned for the k' management of the aforesaid property; to receive and deposit rental income from the said property; to negotiate and execute leases; to enter into contracts S for insurance and needed repairs and maintenance; to hire and pay attorneys, j appraisers, and other such professional assistants as may be necessary; and to ; fpay bills related to the said real estate for taxes, maintenance, insurance, etc. <The Attorney-in-fact shall not have any authority to sell, convey, mortgage or _otherwise encumber the said real estate, except as previously stated above. The undersigned further directs that this Power of Attorney shall take effect immediately and shall be irrevocable unless and until such time as there is !! filed of record a duly acknowledged revocation of this instrument in the same i office in which the instrument containing this power is recorded. This Power of Attorney shall not be affected by the disability of the undersigned Principal. Au ua>� Dated thiso2� day of 1993. { - o nGuam STATE OF CALIFORNIA, SAN MATEO COUNTY, ss: ' A t- On the,23&day of - 1993, before me, the undersigned, a Notary >' Public in and for said County and State, personally appeared John Guam, to me ^` known to be the identical person named in and who executed the foregoing i instrument, and acknowledged that he executed the same as his voluntary act `< and deed. t'151� 1�a ✓b otary 96blic rn an or sa) ounty an State (TYPE OR PRI T NAME) JOSIE BRAVO 0 Comm,995"" ^ ��`• RC"ACw"ottamFFrald000 542 244 ` to,Co—Exw"Mr fa.tYYO J r��rr ...—PAGE .9-7 04414 r`$1 . . i i .. .. A+r�+..+.-.1n-..^n--._`__..._.-.,—•-..-__•,__._ ,. _.,._� .__^->-no-.nn.nwslmi`�w++,�,.;wrrewq•...�.-•------,.-..-�,�„6-^+► 1� _... _....._.._._...._ __�..._._.__..... ... 114 18344 / INST.NO. . V Sf� STORY COUNTY,IOWA �( FILED FOR RECORD I� i M •• o SEP 0 1 199 M .V � SU AWN VANDE ,Recorder • ;� r: Recording Fees Auditors Fee s S.; SPACE ABOVE THIS LINE FOR RECORDER � �: • POWER OF ATTORNEY The undersigned, Marilyn Trow, of Story County, Iowa, does hereby make, constitute and appoint Grant J. Quam, 122 North Dakota, Ames, Story !' County, Iowa, the undersigned's true and lawful Attorney-in-fact, with full right, power and authority for the undersigned and in the undersigned's name, place i and stead, to act with respect to the undersigned's undivided one-fourth , interest in following-described real estate, to-wit: 1. Lots 5, 6, 7 and 8, all in Block One (1), Kingsbury's First Addition, ►:'. Ames, Story County, Iowa. 2. Lots 1, 2 and 3, all in Block Five (5), Black's Addition to Ames, Story County, Iowa. �► jI i t: Giving and Granting unto said Attorney-in-fact the full power and authority to M do and perform the following acts with respect to said real estate, as fully as, . the undersigned might or could do if personally present and acting: To open and maintain account(s) in the name of the undersigned for the i management of the aforesaid property; to receive and deposit rental income }} from the said property; to negotiate and execute leases; to enter into contracts E, for insurance and needed repairs and maintenance; to hire and pay attorneys, ' appraisers, and other such professional assistants as may be necessary; and to i pay bills related to the said real estate for taxes, maintenance, insurance, etc. i The Attorney-in-fact shali not have any authority to sell, convey, mortgage or otherwise encumber the said real estate, except as previously stated above. �i r The undersigned further directs that this Power of Attorney shall take effect immediately and shall be irrevocable unless and until such time as there is filed of record a duly acknowledged revocation of this instrument in the same ,, office in which the instrument containing this power is recorded. This Power of Attorney shall not be affected by the disability of the undersigned Principal. ; Dated this --LZ day of July, 199.3. . r?:g � w an yn row STATE OF IOWA, STORY COUNTY, ss: On the /7tk, day of Jul", 1993, before me, the undersigned, a Notary ► " Public in and for—said County and State, personally appeared Marilyn Trow, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act !. , and deed. NptSTD�L a a3.7,m d' e.✓ ary uTic'inand for said ounty and State i (TYPE OR PRINT NAME) �► 542 245 mew ! BOOK--..PAGE '91'7-04914 (c)) INST.No. 18345 �. STORY CO�U .j /51� FILET)FOR RECORD SFP 0 19 3 i I SAN L.PVNbE KAMP, i Rewrdin Fee$D � i Y1 pp Q ADM�t TNIt LINE TOR Nt00fIDER Auditors y. ., POWER OF ATTORNEY The undersigned, Jerry Guam, of Anoka County, Minnesota, does hereby make, constitute and appoint Grant J: Guam, 122 North Dakota, Ames, Story i County, Iowa, the undersigned's true and lawful Attorney-in-fact, with full right, power and authority for the undersigned and in the undersigned's name, place and stead, to act with respect to the undersigned's undivided one-fourth interest in i following-described real estate, to-wit: , ` 1. Lots 5, 6, 7 and 8, all in Block One (1), Kingsbury's First Addition, Ames, Story County, Iowa. ' 2. Lots 1, 2 and 3, all in Block Five (5), Black's Addition to Ames, Story .'i County, Iowa. { Giving and Granting unto said Attorney-in-fact the full power and authority to do and perform the following acts with respect to said real estate, as fully as the undersigned might or could do if personally present and acting: ' A To open and maintain account(s) in the name of the undersigned for the management of the aforesaid property; to receive and deposit rental income from the said property; to negotiate and execute leases; to enter into contracts for insurance and needed repairs and maintenance; to hire and pay attorneys, appraisers, and other such professional assistants as may be necessary; and to { pay bills related to the said real estate for taxes, maintenance, insurance, etc. { The Attorney-in-fact shall not have any authority to sell, convey, mortgage or otherwise encumber the said real 1 estate, except as previously stated above. i ,'1 The undersigned further directs that this Power of Attorney shall take 1 effect immediately and shall be irrevocable unless and until such time as there is 3 filed of record a duly acknowledged revocation of this instrument in the same office in which the instrument containing this power is recorded. This Power of Attorney shall not be affected by the disability of the undersigned Principal. Dated this 29 day of July, 1993. j ;.yJerry uam t <; STATE OF MINNESOTA, ANOKA COUNTY, ss: i On the�� day of July, 1993, before me, the undersigned, a Notary Public in and for—said County and State, personally appeared Jerry Guam, to me t known to be the identical person named in and who executed the foregoing f ` instrument, and acknowledged that he executed the same as his voluntary act and deed. 4 � , o aryHiblic in and r said-County and State r (TYPE OR PRINT RAMS) S NOTARY PU', T—t. . . .. ; 542 246 y 04914 (10) i NMI 18346 INST.NO. `,,A STORY COUNTY,IOWA y FILED FOR RECORD ,/ -: o ap SIND 01 199 SUSAN L. E P.f3epprdet Recording FeeMuMnee FOG 3 + SPACE ADOVE THIS LINE FOR RECORDER POWER OF ATTORNEY The undersigned, James Guam, of San Bernardino County, California, t does hereby make, constitute and appoint Grant J. Guam, 122 North Dakota, ' Ames, Story County, Iowa, the undersigned's true and lawful Attorney-in-fact, .` with full right, power and authority for the undersigned and in the undersigned's name, place and stead, to act with respect to the undersigned's undivided one- ;; r fourth interest in following-described real estate, to-wit:' N_w 1. Lots 5, 6, 7 and 8, all in Block One (1), Kingsbury's First Addition, ?; Ames, Story County, Iowa. 2. Lots 1, 2 and 3, all in Block Five (5), Black's Addition to Ames, Story County, Iowa. Giving and Granting unto said Attorney-in-fact the full power and authority to i do and perform the following acts with respect to said real estate, as fully as the undersigned might or could do if personally present and acting: 4" To open and maintain•account(s) in the name of the undersigned for the ir;', management of the aforesaid property; to receive and deposit rental income , w; . from the said property; to negotiate and execute leases; to enter into contracts for insurance and needed repairs and maintenance; to hire and pay attorneys, appraisers, and other such professional assistants as may be necessary; and to pay bills related to the said real estate for taxes, maintenance, insurance, etc. �•I The Attorney-in-fact shall not have any authority to sell, convey, mortgage or otherwise encumber the said real estate, except as previously stated above. -1 1 • The undersigned further directs that this Power of Attorney shall take effect immediately and shall be irrevocable unless and until such time as there is I Ffiled of record a duly acknowledged revocation of this instrument in the same � 1 office in which the instrument containing this power is recorded. This Power of ; Attorney shall not be affected by the disability of the undersigned Principal. •� S Dated this day of July, 1993. James Guam � STATE OF CALIFORNIA, SAN BERNARDINO COUNTY, ss: • On the o� day of July, 1993, before me, the undersigned, a Notary ,r: Public in and of r said County and State, personally appeared James Guam, to i me known to be the identical person named i"nd who executed the foregoing + instrument, and acknowledged that he exec the sa his voluntary act and deed. !, 1; Qrra�S .ot u c In an or sus ou y n is kl ! (TYPE OWPRIMT HAMS) � 3 OfMIAL SEAL ` LYNNE E. BRIGG5 NOTARY PUBLIGCAIITORNIA 1�' ��� ��� f PRINCIPAL OFFICEIN ro (�, ORANGE COUNTY My COMMIni"Eapim Au{.Ys.I"s 9 7- 04914 ( I % CONSi+P,NT Of+TENANT As tenant of the subject property, Snyder ' s Drug Stores,Ine.does hereby consent to the attached eaeement agreement and afire -"..,en s n co ions therein stated. By. is ae J. Pan, President Z (INDIVID �1-NOTARY) STATE OF A, COUNTY OF STORY, SS: On this day of , 1996 before me the undersigned, a Notary Public in and for the State o wa, personally appeared and , to me known to be the identical persons named in and who executed the foregoing instrument an( , •nowledged that they executed the same as their voluntary act and deed. ry Public in and for Story County, Iowa (PARTNE IP NOTARY) STATE OF IO COUNTY Or STORY, SS: On this day , 1996 before me the undersigned, a Notary Public in and for the State of Iowa, pers Ily appeared to me personally known, who being by me du worn, (lid say that the person is one of the partners of a partner i , and that the instrument was signed on behalf of thc. partnership by authority of the partners and the partner ackno dged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner vo t arily executed. Notary Public i and for Story County, Iowa (CORPORATION NOTARY) STATE Or NIft COUNTY OF:lWaW, SS: MINNESOTA HENNEPIN 7 On this--J/ day of April 1998 before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared __Michael J. Pan to me personally known, who being by me duly sworn, did say thatAkt oc he is the President AmdX respectively, of tile corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the) corporation; that said instrument was signed*urd mmkid) on behalf of the corporation by authority of its Board of Directors; and that Michael J. Pan mxk , as oflicerracknowledged the execution of the foregoing instrument to be (lie voluntary act and (heed of the corporation, by it and by*bMlcvoluntarily executed. p • him IoSHARON V.ERICKSON � � NOTARY PUBLIC MINNESOTA Nly Comm.Expires Jan.31,2000 Notary Public in and for �xi�p} � Hennepin County, Minnesota (-rRusTEE NOT Y) s rATr; or IowA, LINTY Or STORY, SS: On this day f , 1996 before me the undersigned, a Notary Public in and fir the State or Iowa, pers )ally appeared to me personally known, who being by me duly sw n, did say that he is the , the corporate trustee executing the foreg 'ng instrument, that the seal affixed thereto is the seal of the corporation; that the instrument was signed and scale on behalf of the corporation by authority of its Board of Directors, and that ._ ackn wledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, b it, by them and as the fiduciary voluntarily executed. aiy Public in and for Story County, Iowa j;luryi6.11emcs193477g�xilary3.cng �1 04914 l V Z)