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HomeMy WebLinkAboutA013 - Attorney's Opinion dated October 18, 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, 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: A tract of land being an official replat of Outlot `Y' of Northridge Heights Subdivision,Third Addition,and Outlot`L',Outlot`M' and Outlot`N' of Northridge Heights Subdivision, Seventh Addition, all in City of Ames, Story County, Iowa, described as follows: Beginning at the Northwest Corner of said Outlot `N'; thence N89038'22"E, 1252.61 feet along the Northerly line of said Outlot to the Northeast Corner thereof; thence continuing N89°38'22"E, 1312.61 feet along the Northerly line of said Outlot `M' to the Northeast Corner thereof;thence S00°14'04"E, 1321.46 feet along the Easterly line of said Outlot to the Southeast Corner thereof; thence N89037'25"E, 1215.91 feet along the Northerly line of said Outlot `Y' to the Northeast Corner thereof, a point on the Westerly right-of-way line of the Union Pacific Railroad;thence S27°50'40"E, 197.91 feet along said Westerly right-of-way line to the Northwest Corner of Outlot `Z' of said Third Addition; thence S00003'51"E, 1079.80 feet along the Easterly line of said Outlot`Y' to the Southeast Corner thereof, a point on the Northerly right-of-way line of Bloomington Road; thence S89°21'25"W, 1304.45 feet along said Northerly right-of-way line to the Southeast Corner of said Outlot `L'; thence S89050'58"W, 26.97 feet along said Northerly right-of-way line to the Southeast Corner of Northridge Heights Subdivision,Fifth Addition, said City of Ames; thence N00°09'05"W, 514.81 feet along the Easterly line of said Fifth Addition to the Northeast Corner thereof, said point being on a 1550.00 foot radius,non-tangent curve, concave Northerly; thence Westerly 341.45 feet along the Northerly line of said Fifth Addition and along said curve having a chord bearing S86°01'11"W, 340.76 feet to a point on the Easterly line of Northridge Heights Subdivision, Second Addition, said City of Ames, said point being the Northwest Corner of said Fifth Addition; thence N00°09'05"W, 134.95 feet along said Easterly line to the Northeast Corner of said Second Addition; thence continuing N00°09'05"W, 207.29 feet along the Easterly line of Northridge Heights Subdivision,Fourth Addition,said City of Ames,to a point on a 767.00 foot radius, tangent curve, concave Easterly; thence Northerly 77.76 feet along said P��b a Easterly line and along said curve having a chord bearing NO2°45'10"E,77.73 feet to the Northeast Corner of said Fourth Addition; thence N80°29'26"W, 362.40 feet along the Northerly line of said Fourth Addition;thence N82°46'16"W, 170.01 feet along said Northerly line to the Northwest Corner of said Fourth Addition; thence continuing N82°46'16"W,74.00 feet along the Northerly line of Lot 31 of Northridge Heights Subdivision, Sixth Addition, said City of Ames, to the Northwest Corner thereof; thence N07°50'28"E, 146.77 feet along the Easterly line of Lot 29 of said Sixth Addition to the Northeast Corner thereof,a point on a 2467.00 foot radius,non- tangent curve, concave Southerly; thence Easterly 24.15 feet along the Southerly right-of-way line of Harrison Road and along said curve having a chord bearing S84026'32"E, 24.15 feet to a point on the Westerly line of said Outlot `L'; thence N05050'18"E,66.00 feet along said Westerly line to the Southeast Corner of Lot 23 of said Seventh Addition; thence continuing N05°50'18"E, 150.78 feet along the Easterly line of said Lot to the Northeast Corner thereof;thence S 87°20'15"W,90.64 feet along the Northerly line of said Lot to the Northeast Corner of said Sixth Addition;thence continuing S87°20'15"W,487.94 feet along the Northerly line of said Sixth Addition; thence S70°18'07"W, 66.00 feet along said Northerly line; thence S79°13'41"W, 133.71 feet along said Northerly line; thence N19°06'43"W, 23.85 feet along said Northerly line to the Southeast Corner of Lot 17 of said Seventh Addition; thence N21°13'23"W, 342.18 feet along the Southerly line of said Outlot `N'; thence S79°08'16"W, 236.42 feet along said Southerly line; thence N05049'34"W, 199.41 feet along said Southerly line;thence NO3°06'37"W, 149.74 feet along said Southerly line;thence S85°35'08"W, 105.60 feet along said Southerly line; thence S89°38'30"W, 270.99 feet along said Southerly line; thence S00036'58"E, 16.50 feet along said Southerly line;thence S89°23'02"W, 129.12 feet along said Southerly line to the Southwest Corner of said Outlot, a point on the Easterly right-of-way line of George Washington Carver Avenue; thence N00041'37"W, 663.51 feet along said Easterly right-of-way line to the Point of Beginning;containing 113.80 acres,subject to easements and restrictions of record. from the root of the title thereof, down to and including the day of CC.'Dbe� , 2004, last certified by Abstract &Title Services of Story County (Iowa Title Guaranty Division Member #8650). The real estate has now been subdivided and is now known as NORTHRIDGE HEIGHTS SUBDIVISION EIGHTH ADDITION, STORY COUNTY,IOWA. 2 e 1 Based upon information within said Abstract of Title, it is my opinion that the fee simple title to said real estate is in Uthe Development Company,L.L.C. The real estate is free from encumbrances,but is subject to easements and restrictions of record and to zoning ordinances of the City of Ames,Iowa. �,(,, Dated this Vn day of 0C, Dtr , 2004. NYEMAST , GOODE, WEST, HANSELL& O'BRIEN By De ora . Zauth, Attorney Iowa Title Guaranty Division Member#1440 L\_TmsiboealOH iker_FnutiuwanbddgcHguxE;sn�AMtioewrroRNEY.ov.ao, 3 Pa3e �'