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HomeMy WebLinkAboutA010 - Attorney's Opinion dated April 29, 2004 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 Nyemaster, Goode,Voigts,West, Hansell & O'Brien, with offices at 1416 Buckeye, Ste. 200, Ames, Story County, Iowa. I further state that I have examined the Abstract of Title to the following-described real estate, to-wit: Outlot F in Somerset Subdivision Eighth Addition, an Official Plat, City of Ames, Story County, Iowa; AND Outlot G in Somerset Subdivision Tenth Addition, an Official Plat, City of Ames, Story County, Iowa; AND Outlot K in Somerset Subdivision Eleventh Addition,an Official Plat, City of Ames, Story County, Iowa, from the root of the title thereof,down to and including the�% day of r� ,2004, last certified by Abstract & Title Services of Story County, Ames, Iowa (Iowa Title Guaranty Division Member #8650). The real estate has now been subdivided and is now known as SOMERSET SUBDIVISION EIGHTEENTH ADDITION, 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 ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMENT,L.L.C.;D&R FURMAN,L.L.C.;and R.FRIEDRICH AND SONS,INC. The real estate is free from encumbrances excepting,however, the following: 1. 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 Pogue. 7 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. Dated this MIR, day of ri I , 2004. NYEMASTER, GOODE, VOIGTS, WEST, HANSELL & O'BRIEN By Debo S. auth, Attorney Iowa Title Guaranty Division Member#1440 L:\-TRANSITIONAL\DSKRAUMSOMERSET\EIGHTEENTH ADDITIONWTTORNEYOPINION.DOC 2 P05 e 8