HomeMy WebLinkAboutA012 - Attorney's Opinion dated November 8, 2004 ATTORNEYS 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:
THE PLAT OF SOMERSET SUBDIVISION NINETEENTH ADDITION BEING
AN OFFICIAL REPLAT OF LOTS 25,26,27,28 AND PARCEL"E"OF OUTLOT
RR AS SHOWN ON THE "PLAT OF SURVEY" FILED IN THE OFFICE OF
THE RECORDER OF STORY COUNTY, IOWA, ON OCTOBER 25, 2004, AS
INSTRUMENT NUMBER 04-00014427, IN SLIDE 224 AT PAGE 1, ALL IN
SOMERSET SUBDIVISION THIRD ADDITION,AN OFFICIAL PLAT, AMES,
STORY COUNTY, IOWA IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 25 IN SAID
SOMERSET SUBDIVISION THIRD ADDITION; THENCE S74-11'00"E
(PLATTED BEARING)ALONG THE NORTHERLY LINE OF SAID LOT 25,A
DISTANCE OF 95.07 FEET TO THE NORTHEAST CORNER OF SAID LOT 25;
THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF LOT 25 AND
ALONG THE NORTHERLY LINE OF LOTS 26, 27 AND 28 IN SAID
SOMERSET SUBDIVISION THIRD ADDITION AND ALONG A 55.00 FEET
RADIUS CURVE CONCAVE NORTHEASTERLY, A DISTANCE OF 161.10
FEET, SAID CURVE HAVING A CHORD BEARING OF S65029'06"E AND A
CHORD LENGTH OF 109.38 FEET; THENCE N90000'00"E ALONG THE
NORTHERLY LINE OF SAID LOT 28, A DISTANCE OF 11.81 FEET TO THE
NORTHEAST CORNER OF SAID LOT 28;THENCE S03°00'37"W ALONG THE
EASTERLY LINE OF SAID LOT 28, A DISTANCE OF 118.49 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 28 AND TO THE NORTHEAST
CORNER OF PARCEL "E" OF OUTLOT RR IN SAID SOMERSET
SUBDIVISION THIRD ADDITION, THENCE S28008'37"W ALONG THE
EASTERLY LINE OF SAID PARCEL "E", A DISTANCE OF 13.00 FEET;
THENCE N84002'25"W ALONG THE SOUTHERLY LINE OF SAID PARCEL
"E", A DISTANCE OF 43.29 FEET; THENCE N72030'00"W ALONG THE
SOUTHERLY LINE OF SAID PARCEL "E", A DISTANCE OF 87.77 FEET;
THENCE N56024'13"W ALONG THE SOUTHERLY LINE OF SAID PARCEL
"E", A DISTANCE OF 47.32 FEET; THENCE N18°06'27"W ALONG THE
WESTERLY LINE OF SAID PARCEL "E", A DISTANCE OF 50.30 FEET;
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THENCE N05008'00"W ALONG THE WESTERLY LINE OF SAID PARCEL"E",
A DISTANCE OF 96.59 FEET TO THE POINT OF BEGINNING
from the root of the title thereof,down to and including the �h" day of 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 NINETEENTH 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 R. FRIEDRICH AND SONS, INC., JOHN D. CROUSE,
JOHN R. NERVIG, PATTI J. NERVIG and SOMERSET PROPERTY OWNER'S
ASSOCIATION, INC. The real estate is free from encumbrances excepting, however, the
following:
L Mortgage on Lot 28 executed by John R.Nervig and Patti J.Nervig,
husband and wife, to First National Bank, Ames, Iowa, filed in the
office of the Recorder of Story County, Iowa, on October 25, 2002
as Instrument No. 02-16810. This mortgage was assigned by First
National Bank, Ames, Iowa to CitiMortgage, Inc. by Assignment
filed in the office of the Recorder of Story County,Iowa,on October
25, 2002 as Instrument No. 02-16811.
2. Mortgage on Lot 27 executed by John D. Crouse to ABN AMRO
Mortgage Group, Inc., filed in the office of the Recorder of Story
County, Iowa, on March 21, 2003 as Instrument No. 03-05373.
3. Mortgage on Lot 28 executed by John R.Nervig and Patti J.Nervig,
Husband and wife, to First National Bank, Ames, Iowa, filed in the
office ofthe Recorder of Story County,Iowa,on November 18,2003
as Instrument No. 03-23610.
4. 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
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the Donald and Ruth Furman Revocable Trust Dated March 1, 1991,
and R.Friedrich&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 day of om 2004.
NYEMASTER, GOODE, WEST,HANSELL&O'BR1EN
By
Deb u , Attorney
Iowa Title Guaranty
Division Member#1440
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