HomeMy WebLinkAboutA010 - Release of Use of Restrictions dated November 9, 2009 Y
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f R �Instrument:2009- 00015457
o fn X-X1 Date:Dec 30Y2009 03:30:10F
D Rec Fee: 10.00 E-Com Fee: 3.000
G Aud Fee: .00 Trans Tax:
—Rt— Rec flanasement Fee: 1.00
H b mn-standard fuse Fee: .00
Filed for record in Story Counts, Iowa
Z° Susan L. Wande Kaman County Recorder
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INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave.,Ste.200,Ames IA 50010 515 956-3900
RELEASE OF USE RESTRICTIONS
THIS RELEASE OF USE RESTRICTIONS is made and entered into by Hunziker Land
Development Company, L.L.C. ("Hunziker"), an Iowa limited liability company, and Northwood
Heights II Homeowners Association,Inc. (the"Association").
RECITALS
WHEREAS, Hunziker is the owner of Lots One (1) and Two (2), Northwood Heights
Subdivision Third Addition, Story County,Iowa(collectively,the"Hunziker Lots"); and
WHEREAS, the Association is the owner of Outlot A, Northwood Heights Subdivision Third
Addition, Story County,Iowa(the"Association Lot"); and
WHEREAS, the Final Plat of Northwood Heights Subdivision Third Addition, Story County,
Iowa, dated November 9, 2005, was filed in the office of the Recorder of Story County, Iowa, on
February 21,2006,as Instrument No. 20. 60 0 20 12.4(the=``Final P1aY'); and
WHEREAS,the Final Plat provides that the Hunziker Lots shall not be further subdivided; and
WHEREAS, Hunziker and the Association, as the owners of all of the lots within said
Northwood Heights Subdivision Third Addition, Story County,Iowa,wish to abandon and release the use
restriction provided in the Final Plat that prohibits the further subdivision of the Hunziker Lots.
NOW, THEREFORE, in consideration of the Recitals and the mutual covenants contained
herein,and reliance on the same,it is agreed as follows:
1. The use restriction identified on the Final Plat that prohibits the further subdivision of the
Hunziker Lots is hereby forever abandoned and released.
2. Hunziker is hereby authorized to proceed with any and all actions related to the platting
and subdivision of the Hunziker Lots into the subdivision to be known as Northwood Heights Subdivision
Fourth Addition, Story County,Iowa(the"Fourth Addition").
3. The Fourth Addition shall consist of Lots One (1) through Four(4) thereof, and Outlots
A,B,C,D, E and F.
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4. After the platting and subdivision of the Hunziker Lots and at the time of the creation of
the Fourth Addition, or immediately thereafter, Outlots E and F thereof shall be conveyed to the
Association.
IN WITNESS WHEREOF, the undersigned have executed this Release of Use Restrictions on
this day of November,2009.
HUNZIKER L DEVELOPMENT COMPANY,L.L.C.
By: i
n E.Hunziker, anger
By:
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Charles E.Winkleblack,Manager
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this day of November, 2009, by Dean E.
Hunziker and Charles E.Winkleblack as Managers of Hiker Land Develop ment ompany,L.L.C.
DlANNE SUNTKEN IU!
C M mt�lon Number 747650 Notary Public in and for the State of Iowa
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NO O HEIG S H ME SOCIATION,INC.
By:
sident
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this � day of November, 2009, by
as the President of Northwood Heights II Homeowners Association,Inc.
Notary Public in and for the State of Iowa
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LINDA 13ORST
^+; 'ov Commission Number 738152
' `+ _ y Commission Expires
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