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HomeMy WebLinkAboutA013 - Attorney's Opinion dated April 5, 1989 r ATTORNEY' S OPINION 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 & Nadler, 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 part of the East Half (E 1/2 ) of the Southwest Quarter ( SW 1/4 ) of Section Eleven ( 11) , t Township Eighty-three ( 83) North, Range Twenty-four (24) West of the 5th P .M. , in the City of Ames , Story County, Iowa, described as follows: Commencing at the Southeast (SE) Corner of the Southwest Quarter ( SW 1/4 ) of said Section Eleven ( 11 ) ; thence North 89049159"West 130 . 33 Feet along the South line of the Southeast Quarter ( SE 1/4 ) of the Southwest Quarter ( SW 1/4 ) of said Section Eleven ( 11 ) (also being the centerline of South 16th Street in the City of Ames, Iowa) ; thence North 0°14101" West 40 . 00 Feet to the point of beginning; thence continuing North 0°14101" West 9 . 03 Feet (to a point 130 Foot radially distant Westerly from the centerline at Station 539+80 on the right-of-way of Primary Road No . U.S. 69 ) ; thence North 89°45117" East 40 . 00 Feet (to a point 90 Foot radially distant Westerly from the centerline at Station 539+80) ; thence Northerly along a 137 , 432 . 2 Foot radius curve, .concave Westerly, an arc distance of 249 . 86 Feet (the long chord bears North 0017153" West 249 . 86 Feet) , to Station 542+30; thence North 0020 ' 58" West 158911 Feet along a line parallel with and .90 Feet West of the centerline of Primary Road No . U. S. 69 (also known as South Duff Avenue) ; thence South 89°32132" West 358 . 61 Feet (along the centerline of Squaw Creek as it was previously located) ; thence South 40001153" West 327 . 61 Feet ; thence South 0026 ' 45" East 310 . 00 Feet to a point on the South line of the Northeast Quarter (NE 1/4 ) of the Southwest Quarter ( SW 1/4) ; thence South 11°33115" East 157 . 40 Feet; thence Easterly 65 . 10 Feet along a 340 . 00 Foot radius curve, concave Southerly, through a central angle of 10°58113" (the long chord bears North 84040154" East 65 . 00 Feet) ; thence South 89049 ' 59" East 175 . 00 Feet; thence South 0020 ' 58" East 1135. 00 Feet to the Northerly right-of-way line of South 16th Street; 'thence South 89049 ' 59" East 259 . 79 Feet along said Northerly right-of-way line to the point of beginning, containing 16 . 46 acres, from the date of the root of the title thereof , down to and including the _ 3' day of _, 1989,, last certified by Batman-Sayers Abstract Comp9ny, Nevada, Iowa. The real estate has been subdivided and is now known as FIRST ADDITION TO SOUTHWOOD SUBDIVISION OF AMES, IOWA. Based upon information within said Abstract of- Title, it is my opinion that the fee simple title to said real estate is in South Duff Development Partnership, and that said real estate NEWBROUGH,JOHNSTON. BREWER,MADDUX 8M BOOK-A PAGE AMES.ES,IOW IOWA i i r 1 -2- is free from encumbrances; the property is further subject to easements of record, and to zoning ordinances of the City of Ames , Iowa. Dated this s day of 1989 . NEWBROUGH, JOHNSTON, BREWER, MADDUX & NADLER 612 Kellogg Avenue P. 0. Box 847 Ames , Iowa 50010 Telephone: ( 515) 232pp-1761 Byi .J! Frank B. Johnsto BOOK��PAGE NEWBROUGH,JOHNSTON, BREWER,MADOUX. ' 6 NADLER AMES,IOWA I