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HomeMy WebLinkAboutA009 - Release of Easement - Recitals dated July 15, 2008 Instrument:2008- 00010779 ,i 1-}y' Gate:Sea 30P2008 12:01:18P G Rec Fee: 15.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rey_ Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County? Iowa Susan L. Vande Kcwp? County Recorder u� Z a-1 N ti Cq 4 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.and Story Construction Co.are the owners of certain real property described as: Lot Three (3), H &B Subdivision to Ames, Iowa, (the 'Benefited Property"); and WHEREAS, H &B Properties, L.L.C. is the owner of certain real property described as: 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 strip along the West side of said Lot Two(2),the West line of which Ten (10) foot strip is described as follows: Commencing at the Northwest Corner of said Lot Two(2),,,thence South 01°13'10"West 330.0 feet along the West line of said Lot Two (2) to the point of beginning, thence continuing. South 01°13'10" West 88.12 feet to the point of ending, which easement was filed in the office of the Recorder of Story County,Iowa,onDe__cemher2$,1992 as Instrument No._92-0770-61in Book 342AX-age-84 (the "Easement"); and, WHEREAS, the Easement is no longer necessary and shall be vacated by this instrument. NOW THEREFORE, H & B Properties, L.L.C. and Story Construction Co., by this instrument,hereby vacate,release and terminate the Easement which burdens the Burdened Property and which was granted by prior titleholders to the Burdened Property. Dated this day of 52008. H & B PROPERTIES,L.L.C. By: 4:; ,%2� Wi lliam K. Fedeler, Trustee of the WILLIAM K. FEDELER 2005 TRUST AGREEMENT, Sole Member STATE OF IOWA ) )ss: COUNTY OF STORY ) On this IV day of�,2008,before me,Notary Public in and for the State of Iowa, personally appeared William K. Fedeler,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. BAIAN TORRESI Notary Public in and for the State of Iowa • 80=0 N0.742380 IOWA ��0 IRES D STORY CONSTRUCTIO O. By: Michael Est s set, President By. (/ Steven C. Tenney, S retary S STATE OF IOWA ) )ss: COUNTY OF STORY ) On this db&day of&fe lvs-f,2008,before me,Notary Public in and for the State of Iowa, personally appeared Michael Es eset and Steven C.Tenney,to me personally known,who being by me duly sworn did say that that they are the President and Secretary,respectively,of the corporation, that said instrument was signed on behalf of the corporation by authority of its board of directors, and that said Michael Espeset and Steven C. Tenney, as officers of the corporation, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. 6- Notary Public in and for thd State of Iowa 3