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HomeMy WebLinkAboutA001 - Agreement dated December 13, 1996 U 4415 STORY COUNTY, IOWA I" F1 FOR RECORD I F " MAY 210 1997 pM l L iffifVOE ;19W V flee S . Ca kAWs Fee S A�� DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by John R Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) STREET EASEMENT AGREEMENT THIS AGREEMENT, made and entered into effective as of the�& day 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: LOT 5 AND LOT 8, BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY 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. L•WF AMES\QUAM-1.EAS 1 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. 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. TemporM 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 granted, and that Grantors covenant to warrant and defend the said easement rights against 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. L•WY\AMES\QUAM-LEAS 2 � "1- 04415 (Z� i s 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 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. 11. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement 25 sq. ft. $ 375.00 b. Temporary easement 2.945 sq. ft. $ 100.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 TOTAL $ 525.00 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 access from Duff Avenue or Lincoln Way due to the U.S. 69 -Duff Avenue Widening Improvement Project. L•WPAMES\QUAM-i.EAS 3 � �- 04915 C 3) IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTO G E y{ s u BYM'f Y Grant J,Wu am Larry R ��s,Ma Atte N BY Sandra L. Ryan, City Cler ; STATE OF IOWA, COUNTY OF STORY, SS: On this 3 day of �� � , 1996, before me, a Notary Public in and for Story County,personally appeared Grant J. Ouam , 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. :] DIANE WIIHELM JOHNSON MY COMMlsalo EXP RCS 5 Notary Public in and for Story Cou , Iowa LwP\nXSs\QuAM->..Ens 4 Qj"�- 04915 N) STATE OF IOWA, COUNTY OF STORY, SS: `7 On this 'A"'—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. 91 l adopted by the City Council on the � day of �\ , 19 OU and that Larry R. Curtis and instrument Sandra L. Ryan acknowledged the execution of the instr to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. � f Notary Public in and for Story Coui4,464'., I:�VP1ABriES�QUAM I.F.AS S 9-�- 04915 ( 5) �. �( 18343 . iNsr.fJO.—' .� STORY COUNTY,IOWA G f FILED FOR RE608D J�Ji SEP q 1199 PM SM 1h.VQ.F1.QL SUSAN L VANDE KAMP.FIS. t o Reoording Fee$ b. Actor's Fee S - QACi NOW THU LnK FOR RECORDER ) Y , � POWER OF ATTORNEY i The undersigned, John Quam, of San Mateo County, California, does t 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 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, i Ames, Story County, Iowa. 2. Lots 1, 2 and 3, all in Block Five (5), Black's Addition to Ames, Story County, Iowa. } iI Giving and Granting unto said Attorney-in-fact the full power and authority to r 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: 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 � p be necessary; to Y Y ; 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 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 r 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. I uS� Dated this— day off1 u ¢ 1993. i r o n uam STATE OF CALIFORNIA, SAN MATEO COUNTY, ss: On the fti day ofr, 1993, before me, the undersigned, a Notary Public in and or said County and State, personally appeared John Quam, to me f 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. ✓0 Notary P4blic in an or said County an State (TYPE OR PRI T NAME) r' JOSIE BRAVO U fl NOTARY PUKC-LMIFOM E :P 542 244 PAGE — n 9-7- 04915 �e e 4. 2. 18344 V SM 1NST.NO. STORY COUNTY,IOWA FILED FOR RECORD / M SEP 0 1 199 PM 4 1 SU AN L.VANBE M ,Recorder Recording Fee S_(Q;QQ_.,, AudWs Fee S SPACE ABOVE 28IE LINE FOR RECORDER tt 11. 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 and stead, to act with respect to the undersigned's undivided one-fourth s interest in following-described real estate, to-wit: 1 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 s' 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 Y: management of the aforesaid property; to receive and deposit rental income ii from the said property; to negotiate and execute leases; to enter into contracts t. 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. The Attorney-in-fact shall not have any authority to sell, convey, mortgage or i otherwise encumber the said real estate, except as previously stated above. f: t. The undersigned further directs that this Power of Attorney shall take ) ,i. 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 day of July, 1993. l' rt v i an yn row 3 : STATE OF IOWA, STORY COUNTY, ss: On the i7&4,day of July, 1993, before me, the undersigned, a Notary t 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. NF ary u w( an n oar said County an State (TYPE OR PRINT NAME) f I ( , 542 245 4 BOOK.___.....PAGE ��— 04415 q INST.NO. 18345 / STORY COUNTY,IOW ��2 1 / 5M FILED FOR P,ECORD 'J�� v�; PW SFPo , 193 o V�� S SAN L VANDE IUMP. Recording Fee$��� i Auditors Fee i SPAM ADMI Tell LIU FOR■i00RDR POWER OF ATTORNEY I; The undersigned, Jerry Quam, of Anoka County, Minnesota, 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, I 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, :a 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 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: I 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 I 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 I pay bills related to the said real estate for taxes, maintenance, insurance, etc. file Attorney-in-fact shall not have any authority to sell, Convey, mortgage or iotherwise 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 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. erry 06am t :i STATE OF MINNESOTA, ANOKA COUNTY, ss: ' r ;i On the 'K day of July, 1993, before me, the undersigned, a Notary !1 Public in and for said County and State, personally appeared Jerry Quam, 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 ,k and deed. )4a,I,I, o ary +c In an r said Countyand State { (TYPE OR PRINT NA ) NOTARY Pt S—' 542 246 • SpGI(`_PAGE J ( 04015 � I { r� 'fi 1834G INST.NO. ✓,)A STORY COUNTy,IOWA y FILED FOR RECORD S Ep�O 1 149�j ' 1 SUSAN L.VANDE KAMP,Rewrder Rewrding Fee f }� Audim/s Fee.S SPACE ABOVE THIS LINE FOR RECORDER t; tt ;1 rt POWER OF ATTORNEY The undersigned, James Quam, of San Bernardino County, California, 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- 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. Giving and Granting unto said Attorney-in-fact the full power and authority to k: do and perform the following acts with respect to said real estate, as fully as I� 1=. the undersigned might or could do if personally present and acting: t,r 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 I' ;I 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 �i 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 ; I; Attorney shall not be affected by the disability of the undersigned Principal. I •1: Dated this day of July, 1993. r't ?1 James Guam = J' STATE OF CALIFORNIA, SAN BERNARDINO COUNTY, ss: it '• On the 9774day of July, 1993, before me, the undersigned, a Notary ►: Public in and for said County and State, personally appeared James Guam, to t, me known to be the identical person named i"nd who executed the foregoing t_ instrument, and acknowledged that he exec qd the sa his voluntary act and deed. n ); I r�Lihhe (3r,�n SNotArf Pu c In and fors ou y n to s (TIPS PRINT RAM) OFFICIA7BRIGOS LYNNE E V42 , XO PRINCIPAL t IO J 247OXO1000UNTY p�EAI�wISy� �/�� Mt Commiugn Etpn 1r a `ll* -04415 (9) EXHIBIT "A " ACQUISITION PLAT PARCEL DESCRIPTIONS: ( SEE SHEET 2 ) Duff Avenue Parcel 3A -2970 SF. Parcel 3B Parcel 3B -25 SF. FxF Permanent Easement 732'R b /l01 M 25' Parcel 3A Temporary Constructlon / 0T 4 Easement — LOT cr- Q: l 1 LOT 0T LOT i Alley10 LOT /0 ,� LOT � !��Ti !nTc � M 66'R 66,R /32`R LEGEND Exislinp Phd ArZ Found Section Corner ♦ A Iron Monument • O 0 3� ROW Marker ■ 0 ROW Rail = 9 P"PC.PT.POT,POST 0 Bench Mark m Plotted Distance P Measured Bearing& Distance M SCALE Recorded As R Dsed Distance D Calculated Distance C Center►lne -- REVISIONS Section tine — � Section Line — — — — — H-I9-96 %q Section Line Easement Line — — — — — — DUFF AVENUE WIDENING - AMES, IOW A SHEET / OF 2 PARCEL 3 - JOHN, JAMES AND JERRY QUAY, MARILYN . T ROW PN 954770 FNA-950 SNYDER ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96 PLANNERS ANKENY# IA 50021 (515) 964-2020 TECH: P✓A 15 � 10) FR£E ov- 6 Lc Iat03.dgn U44 J ME, 10- n\?p i09-1 *c\ e EXHIBIT "A " TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 3A: THE WEST 35 FEET OF LOT 8 AND THE WEST 10 FEET OF LOT 5, ALL 1N BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES. ' STORY COUNTY. IOWA, CONTAINING 2970 SOUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 3B: THE SOUTH 5 FEET OF THE NORTH 15 FEET OF THE WEST 5 FEE VOF LOT 5. BLOCK 1 , OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES. STORY COUNTY. IOWA. CONTAINING 25 SOUARE FEET. MORE OR LESS. , DUFF AVENUE WIDENING - AMES, IOWA SHEET 2 of 2 PARCEL 3 - JOHN, JMMES AND JERRY QUAY, MARILYN . TROW PN 954770 FNA-950 DATE: 08-0I-96 ALABOR ROAD S N Y D E R & ASSOCIATES PLANNERS ANKENY, IAR500211 (515) 964-2020 ' TECH: PdA l` FILE-cA n\pJo\ml.c\plat03.dgn DATE.t9lov-YOB 09'12 °I"?-0491.5 I I MAY-16-97 FRI 10:30 P. 02 C00.1:tb MNANT As tenant of the subject property, Q04 Z> V lafql- _ y„does hereby constent to the attached easement agreement and agrees to the 4- conditio t erein stated. a _ C (1NVIV.IDUAL NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this day of_,_.r. �,_._.._.. 1997 before me the undersiStriod, a Notary Public in and for the State of Iowa, personally appeared and ., _.__. to me known to be the idctatical po-sons natt:+ed in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. _...-- -Notary Pub",i'c in and for Story County, Toora (PA.R'rNF.'Rs-uaP NoTA:l.M STME OF IOWA, COUNTY OF STORY, SS: On this._..w_ — day of _._.._�., _ _ ]�;97 before me the undersigned, a Notary Public in and ror the State of Iowa, personally appeared _ _ ___to me personally.known, who being by me duly sworn, did say that the ,person is one ofthe partaors of a partnership, and that the into,rument was signed on behalf of the partnershiF by euthnrity of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. W Notary Publ],�in,and for Story Courtly, Iowa ---- (CGiktyORA'TION NOTARY S fA'lT8 Or, lam#, COUNTY OF%W AS: CyC[4h�A On this I6' ' day of / _, 1991 before me the undersil;rtLd, a Notary Public .�... in and for the State of Iowa, personally appeared „��., >!! 14t _to me personally known, who being by me duly sworn, did say that they are the .�tk' Lot3 S7X)v� c!T. /" !° Er_—- respectively, of the corporation executing the within and foregoing instrument to whit.;h this is attached, that (no seal has been procured by the) ) corpoi ation; that said inst txtent was signed (and scaled) on behalf of the corporation by authority of its Board of Directors; and that .!�.E P/p _„ , '0"d. ...__,.�. .,,.�.,._. .,_. , as officers acknowledged the execution ofthe foregoing instrument to be the vol lit"" and deed of the corporation, by it and by them voluntarily executed. a C. a � 9�Z460 Notary Public in and for ory County, Iowa -- (1 RLJS;I l N,0' S TAT1l;4io �`G ,,tOVNTY OF STORY, SS: On this _ day of l 997 bct"ore me the undersigned, a Notary Public in and for the State oflowa, personally appeared to me personally known, who being by nie duly sworn, did say that he is the, _ . _ ....__.. ___. _ ., the thereto 'corporate trustee executing the foregoing instrument, that the seal affixed tho is the sear of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that___._ _ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by their and as Cie fiduciary voluntarily executed. �~ Notary Public Pn and for Story County, Iowa 9 7- 04915 ( IZ� j:1-,,6.11arneaU5477glnfty3.eas r • r r ta)NSENT OVVENANT As tenant of the subject property does hereby consent to the <+ttached easement agreement and agrees to the terms an conditions therein stated. x�(INDIVIDUAL NOTARY) PAULJ.M®HLKE STATE' OF IOWA, COUNTY OF STORY, SS: _ My:: y COMMISSION K-. oWa s o a On this ��day of- &IVL _ , 199W before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared _ J e A 1,2�P6t����____ and to me known to be the identical persons named in and wilt► executed the fioregoing instrument and acknowledged that the executed the same as their voluntary act and deed. -- Notary Public in an or Story County, Iowa (PAlt'I'NERSIIIP NOTARY) STATE. OF IOWA, COUNTY OF STORY, SS: On this_ day of_ __- , 1996 before me the undersigned, a Notary Public in and flor the Stale of Iowa, personally appeared _ to me personally known, who being by me duly sworn, did say that the person is one of the partners of __:___ ___------------ a partnership, and that the instrument was signed on behalf of th,. partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. Notary Public in and for Story County, Iowa (COI(PORATION NOTARY) "` PAULJ.MOHLKE STATI-7 01, IOWA, COUNTY OF .STORY, SS: '"` NIYQOMMISSIONPIRES S v O a On Ihis Ak 5lay of t , 199Wbefore me the undersigned, a Notary Public in and fi►r the State of low,,, personally appeared �C� _ ---------and to tore personally known, who being by me duly sworn, did say that they are t I+c' respectively, of the crnp+►ration executing the within and foregoing instrument to which this is attached, that (no seal has been I►n,cured by the) (the seal affixed (here(o is the seal ofthe ) corporation; that said instrument was signed (and scaled) oil hehall'of the corporation by authority ofits Board of Directors; and That and _-_ . __ . ------------_-----_--- , as otlicers acknowledged the execution ofthe foregoing instrument to he Ills voluntary act and deed of the corporation, by it and m voluntarily executed. T - Notary Public in d for Story County, Iowa (TIMS'I'I:I? NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this day of — 1996 before me lire undersigned, a Notary Public in and 601- the State of Iowa, personally appeared - --- ---_---- - - --- to me personally known, who being by tore duly sworn, did say that he is the_ _ the cm pm ate trustee executing the foregoing instrument, that the seal aflixed thereto is the seal of the corporation; that Il+c instl+unent was signed and sealed on behalf of the corporation by authority of its Board of Directors; and Mal _ __-.--- acknowledged the execution of the instnrntent to he the voluntary act and deed of,the corporation and of the fiduciary, by it, by them and as the fiduciary voluntarily executed. Notary Public in and for Story County, Iowa ��- C► 3) j:hvp6.11emcs\73 477gbwlary3.css 04g15