HomeMy WebLinkAboutA010 - Release of Easement - Recitals dated July 15, 2008 Instrument.-200S- 00010779
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Filed for record in Story Countye Iowa
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Susan L. Vande Kampr County Recorder
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N Instrument Prepared By and Return To: Brian D.Torresi,1416 Buckeye Ave.,Ste.200,Ames,IA 50010;515-956-3914
RELEASE OF EASEMENT
To Whom It May Concern:
RECITALS
WHEREAS, H&B Properties, L.L.C. is the owner of certain real property described as:
Lot One (1), H &B Subdivision to Ames, Iowa,
(the 'Benefited Property") and
Lot Two (2), H& B Subdivision to Ames, Iowa,
(the"Burdened Property"); and
WHEREAS, an easement was granted by William K. Fedeler, an individual, and Story
Construction Co., an Iowa corporation, in favor of the respective owners of the Benefited Property,
their successors and assigns, for the purpose of sanitary sewer service over and upon the following
portion of the Burdened Property:
A Ten(10)foot wide easement across a part of Lot Two(2)which is Five(5)feet on
each side of the following-described centerline:Commencing at the Northeast Corner
of Lot One (1) of said H & B Subdivision to Ames, Iowa, thence North 88°21'20"
West 40.87 feet along the North line of said Lot One (1)to the point of beginning,
thence North 03°24'00" East 98.66 feet to the point of ending,
which easement was filed in the office of the Recorder of Story County,Iowa,on December 28, 1992
as Instrument No. 92=O'770'6 in Book3`42=at Page 84 (the"Sewer Easement"); and,
WHEREAS, an easement was granted by William K. Fedeler, an individual, and Story
Construction Co., an Iowa corporation, in favor of the respective owners of the Benefited
Property,their successors and assigns,for the purposes of ingress,egress and parking over and upon
the following portion of the Burdened Property:
The East 35 feet of the South 175 feet of said Lot Two (2),
which easement was filed in the office of the Recorder of Story County,Iowa,on December 28, 1992
as Instrument No.92=07706 in-Book 342 at Page 84,and amended by the filing of an Amendment to
Easement filed in the office of the Recorder of Story County,Iowa, on December 17, 1993 in Book
5J74--at-Pag-=-3'7=(both documents are hereinafter collectively referred to as the"Ingress/Egress and
Parking Easement"); and,
WHEREAS,both the Sewer Easement and the Ingress/Egress and Parking Easement are no
longer necessary and shall be vacated by this instrument.
NOW THEREFORE,H&B Properties,L.L.C.,by this instrument,hereby vacates,releases
and terminates the Sewer Easement and the Ingress/Egress and Parking Easement which burden the
Burdened Property and which were granted by prior titleholders to the Burdened Property.
Dated this 1 J day of 2008.
H & B PROPERTIES, L.L.C.
By: ze
William K. Fedeler, Trustee of the
WILLIAM K. FEDELER 2005
TRUST AGREEMENT, Sole Member
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this I �- day of )t/ ,2008,before me,Notary Public in and for the State of Iowa,
personally appeared William K.F deler,Trustee of the William K.Fedeler 2005 Trust Agreement,
to me personally known,who being by me duly sworn did say that that the William K.Fedeler 2005
Trust Agreement is the Sole Member of said limited liability company and that said instrument was
signed on behalf of the said limited liability company by authority of its members and the said
William K. Fedeler, Trustee of the William K. Fedeler 2005 Trust Agreement acknowledged the
execution of said instrument to be the voluntary act and deed of said limited liability company by it
and by him voluntarily executed.
NGj*EORRESI Notary Public in and for the State of Iowa
71rS781ON
NO.742380 N Fy"?- -S6 o9
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