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HomeMy WebLinkAboutA007 - Attorney's Opinion dated June 23, 2000 Document Prepared By: Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 ATTORNEY'S OPINION SECOND ADDITION, COPPER COVE SUBDIVISION, STORY COUNTY,IOWA I,Frank B. Johnston,hereby state that I am an Attorney at Law,duly admitted to the practice of law in the State of Iowa, and a member of the firm of Newbrough, Johnston, Brewer, Maddux&Sotak,L.L.P.with offices at 612 Kellogg Avenue,Ames, Story County,Iowa. I further state that I have examined the Abstract of Title to the following-described real estate,to-wit: A Replat of Outlot "Z", First Addition, Copper Cove Subdivision, Story County, Iowa; and a Replat of Lot Five (5) and all that part of Lots Two (2),Three(3)and Four(4)lying South of Riverside Road, in the Auditor's Plat of the Southeast Quarter (SE 1/4) of the Southwest Quarter(SW 1/4) of Section Twenty-three (23) Township Eighty-four(84)North,Range Twenty-four(24)West of the 5th P.M., Story County, Iowa; more particularly described as follows: Beginning at the Southwest (SW) corner of Lot Five (5), in the Auditor's Plat of the Southeast Quarter (SE 1/4) of the Southwest Quarter(SW 1/4)of Section Twenty-three(23)Township Eighty-four (84) North, Range Twenty-four (24) West of the 5th P.M., Story County, Iowa;thence N 00°05'48" East,731.42 feet along the West line of the Southeast Quarter(SE 1/4) of the Southwest Quarter(SW '/4) of said Section Twenty-three (23); thence S 58°27' 59" East, 203.71 feet along the South line of Riverside Road; thence Southeasterly,continuing along the South line of Riverside Road and along a 2,148.48 foot radius curve, concave to the Northeast, an arc distance of 543.87 feet (the long chord bears S 65°43' 06" East, 542.42 feet);thence Southwesterly,along the East line of Outlot"Z", First Addition, Copper Cove Subdivision and along a 200.00 foot radius curve,concave Southeasterly,an arc distance of 29.00 feet(the 00 ® 07808 long chord bears SO4° 26' 37" West, 28.97 feet); thence S 00°17' 23" West, 370.70 feet continuing along the East line of Outlot "Z" and along the East line of said Lot Five (5); thence S 89048' 25" West, 665.18 feet along the South line of Lot Five(5), to the Point of Beginning containing 8.3521 Acres. from the root of title thereof, down to and including the 0-�""d�day of '�'^e , 2000, last certified by Batman-Sayers Abstract Company, Nevada, Iowa (Iowa Title Guaranty Division Member#8212). The real estate has been subdivided and will be known as SECOND ADDITION, COPPER COVE SUBDIVISION,STORY COUNTY,IOWA. Based upon information within said Abstract of Title, it is my opinion that the fee simple title to said real estate is in RICH LEPPER CONSTRUCTION,INC., an Iowa corporation. The real estate is free from encumbrances, excepting, however, it is subject to a certain mortgage executed to First National Bank,Ames,Iowa,dated August 17, 1998,and filed in the office of the Recorder of Story County,Iowa,on August 17, 1998,as Instrument No. 98-11493. The property is further subject to easements and restrictions of record and to zoning ordinances of Story County, Iowa. Dated this :;1 3 day of 2000. NEWBROUGH, JOHNSTON,BREWER,MADDUX& SOTAK, L.L.P. 612 Kellogg Avenue, P.O. Box 847 Ames,Iowa 50010-0847 Telephone: 515-232-1761 Facsimile: 515-232-8962 By: �•J�� Frank B. Johnston, Attor ey Iowa Title Guaranty Division Member#2612 FBJ/rll 2 ® 7 , 8