HomeMy WebLinkAboutA007 - Attorney's Opinion dated February 16, 2009 ATTORNEY'S OPINION
I,Brian D.Torresi,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,
P.C.,with offices at 1416 Buckeye Ave., 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:
Lots Fifty-two (52), Fifty-three(53),Fifty-four(54),Fifty-five(55),
Fifty-six(56),Fifty-seven(57),Fi eight(58),Fifty-nine(59),Sixty
(60),Sixty-one(61),Sixty-two(62Tin Somerset Subdivision Second
Addition, Ames, Story County, Iowa, *and Sixty-three(63)
(the "Real Estate"), from the root of the title thereof, down to and including the 18`h day of
December,2008,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 TWENTY-THIRD ADDITION, AMES, STORY COUNTY,
IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title `
to the Real Estate is vested E.A. Hunziker Development, L.L.C. f/k/a 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
2. The Real Estate is subject to the provisions of an Agreement executed by
the City of Ames, Iowa, Erben A. Hunziker, Trustee of the Erben A.
Hunziker Revocable Trust Dated July 28, 1992,Donald M. Furman and
Ruth W.Furman,Co-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 was been filed in the office of the
Recorder of Story County,Iowa,on May 12, 1997,as Instrument No. 97-
04489; and
3. The Real Estate is subject to the provisions of a Water Quality
Certification from the Iowa Department of Natural Resources dated June
23, 1997, and filed in the office of the Recorder of Story County, Iowa,
on June 27, 1997,as Instrument No.97-06565,and an amendment thereto
dated October 27, 1997, and filed in the office of the Recorder of Story
County, Iowa, on December 29, 1997, as Instrument No. 97-14029.
Dated this((a day of February, 2009.
NYEMASTER, GOODE, WEST, HANSELL& O'BRIEN, P.C.
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty
Division Member#10046
P