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Home My WebLink AboutA010 - Title Opinion r ------------------------------------------------------------------------------------------------------------------------- Instrument Prepared By: Deborah S. Krauth, 612 Kellogg Ave., P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 ------------------------------------------------------------------------------------------------------------------------- NEWBROUGH, JOHNSTON, BREWER, MADDUX & KRAUTH, L.L.P. ATTORNEYS AT LAW 612 KELLOGG AVENUE HAROLD O.HEGLAND P.O.BOX 847 TELEPHONE (1909-1979) AMES,IOWA (515)232-1761 50010-0847 D. R.NEWBROUGH FAX FRANK B.JOHNSTON (515)232-8962 JAMES A.BREWER JERE C. MADDUX DEBORAH S.KRAUTH RONALD M.SOTAK ATTORNEY'S OPINION I, Deborah S. Krauth, 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& Krauth, 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: Parcels C, and D in the North Half of the Northeast Quarter (NI-NE1) of Section 33, Township 84 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, and, Parcel E in the South Half of the Southeast Quarter (SI-SE;) of Section 28, Township 84 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, all as shown in the Plat of Survey Recorded in C.F. & N. Book 12, Page 225, in the Office of the Recorder, Story County, Iowa; AND, That Part of the Southwest Quarter of the Southwest Quarter (SW1-SW#) of Section 27, Township 84 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa lying Southwesterly of the Union Pacific Railroad; AND, That Part of the North Half of the Northwest Quarter (N#- NWI) of Section 34, Township 84 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa lying Southwesterly of the Union Pacific Railroad. q�' J.0678 �� Page 2 All more particularly described as follows: Beginning at the Southeast (SE) corner of the Northwest Quarter of the Northeast Quarter (NWI-NEI) of Section 33, T84N-R24W of the 5th P.M., Story County, Iowa; thence S 89°36'26" W, 314.25 feet along the South line of the NWI- NEI of said Section 33; thence N 00°23'34" W, 198.00 feet; thence S 89°36'26" W, 174.00 feet; thence S 14°37'26" W, 202.92 feet; thence Northwesterly, along the centerline of Story County Project F-68, Ames-Gilbert 1968, located on F.A.S. Route 438,locally known as George Washington Carver Avenue and along a 818.6 foot radius curve, concave Northeasterly, an arc distance of 1,235.80 feet (the long chord bears N 43°07'40" W, 1,121.72 feet); thence N 00°07'31"E, 505.86 feet along the West line of the NWI-NEI to the Southwest (SW) corner of the Southeast Quarter (SEI) of Section 28, T84N-R24W of the 5th P.M., Ames, Story County, Iowa; thence N 00°19'02" W, 1,313.77 feet along the West line of the SI-SEI of said Section 28; thence N 89°24'40"E, 2,585.87 feet along the North line of the SI-SEI; thence S 2751'25"E, 47.08 feet along the Westerly Right-of-Way of the Union Pacific Railroad as it is presently established; thence S 27°52'29"E, 1432.51 feet along said right- of-way to the North line of Section 34; thence N 89°18'45" E, 16.87 feet; thence S 27°52'29"E, 1499.32 feet along said right- of-way line to the South line of the Northwest Quarter of the Northwest Quarter (NWI-NWI) of said Section 34; thence S 89°05'11"W along said South line a distance of 1371.97 feet to the Southeast Corner of the Northeast Quarter of the Northeast Quarter (NEI-NEI) of said Section 33; thence S 89°38'28" W, 1038.28 feet along the South line of the NEI-NEI; thence N 00°21'32" W, 233.00 feet; thence S 89°38'28" W, 249.24 feet; thence S 00°10'19"E, 233.00 feet; thence S 89°38'28" W along the South line of the North Half of the Northeast Quarter of said Section 33 a distance of 21.50 feet to the Point of Beginning. Said tract of land contains 194.44 less, fro t e root of title thereof down to and including the A Md, day of 1997, at 21. 48 o'clock a.m., last certified by Abstract and Title Sdpces of Story County, Ames, Iowa, (Iowa Title Guaranty Division Member No. 8650). The real estate has now been subdivided and is known as SOMERSET SUBDIVISION, FIRST ADDITION, AMES, IOWA. I JL0678 �� Page 3 Based upon information within said Abstract of Title, it is my opinion that title to the real estate is as follows: 1. Title to those portions of the real estate described as Parcel C and Parcel D of the Plat of Survey of part of the North Half of the Northeast Quarter(NI NE1) of Section 33, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, filed in the office of the Recorder of Story County, Iowa, on January 4, 1995, in Certificate & Field Notes Book 12, page 225, Instrument No. 95-00068, is in Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust, dated July 28, 1992, Donald M. Furman and Ruth W. Furman, Trustees of the Donald and Ruth Furman Revocable Trust, dated March 1, 1991, and R. Friedrich and Sons, Inc. 2. Title to that portion of the real estate described as Parcel E of the Plat of Survey of part of the South Half of the Southeast Quarter (S-f SE;) of Section 28, Township 84 North, Range 24 West of the 5th P.M., Iowa, filed in the office of the Recorder of Story County, Iowa, on January 4, 1995, in Certificate & Field Notes Book 12, page 225, Instrument No. 95-00068, is in Robert W. Taylor, subject, however, to a Real Estate Contract filed in the office of the Recorder of Story County, Iowa, on October 20, 1994, Instrument No. 94-11351, the Contract vendees thereof being, Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust, dated July 28, 1992, Donald M. Furman and Ruth W. Furman, Trustees of the Donald and Ruth Furman Revocable Trust, dated March 1, 1991, and R. Friedrich and Sons, Inc.; said Contract has been amended pursuant to an Instrument filed in the office of the Recorder of Story County, Iowa, on January 4, 1995, Instrument No. 95-00069. 3. Title to those portions of the real estate above-described and lying within the Southwest Quarter of the Southwest Quarter (SW; SW;) of Section 27, and within the North Half of the Northwest Quarter (NI NW;) of Section 34, all in Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, is in Ames Community School District, Ames, Story County, Iowa. 4. The real estate is free from encumbrances. 5. The real estate is subject to easements of record and to zoning ordinances of the City of Ames, Iowa, and to the provisions of an Agreement executed by the City of Ames, Iowa, and Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust, dated July 28, 1992, Donald M. Furman and Ruth W. Furman, Trustees of the Donald and Ruth Furman Revocable Trust, dated March 1, 1991, and R. Friedrich and Sons, Inc., dated April 8, 1997, a Memorandum of which has been filed in the office of the Recorder of Story County, Iowa, on May 12, 1997, Instrument No. 97-04489. qJ- 10678 �13 Page 4 Dated this � � day of �y1 IJ�� , 1997. NEWBROUGH, JOHNSTON, BREWER, MADDUX & KRAUT I, L.L.P. 612 Kellogg Avenue, P. O. Box 847 Ames, Iowa 50010-0847 Telephone: (515) 232-1761 By: PEZORAH S. Iowa Title Guaranty #1440 DSK/irn qj-- 10C. 78 04-)