HomeMy WebLinkAboutA016 - Attorney's Opinion dated May 21, 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:
Outlot X in Somerset Subdivision Twentieth Addition,Ames,Story County,
Iowa;AND,Outlot W in Somerset Subdivision Twenty-first Addition,Ames,
Story County, Iowa,
(the "Real Estate"), from the root of the title thereof, down to and including the 24th day of April,
2009,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-SECOND 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
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3. The Real Estate is subject to the provisions of a Water Quality
Certification from the Iowa Department ofNatural 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 May, 2009.
NYEMASTER, GOODE, WEST, HANSELL& O'BRIEN, P.C.
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty
Division Member#10046
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