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HomeMy WebLinkAboutA003 - Attorney's Opinion OCT-05-2011 WED 10: 32 AM NVEMASTER GOODE, PC FAX No. 5152323846 P- 005 ATTORNEY'S OPINION (Corrected) I,David W.Benson,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, 'Nest, 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 J, Northridge Heights Subdivision Eighth Addition, Ames, Story County, Iowa, AND Outlot V V, Northridge Heights Subdivision Tenth Addition,Ames,Story County,Iowa. (the "Real Estate', from the root of the title thereof, down to the Vd day of June, 2011 (AS CORRECTED),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 NORTHRIDGE HEIGHTS SUBDIVISION FOURTEENTH 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 in Tithe Development Company,L.L.C. 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 ofAmes,Iowa;and 2. The Real Estate Is subject to the provisions of an Agreement for Public Improvements(Bloomington Road Expansion)executed by the City of Ames, Iowa,and Uthe Development Company,L.L.C.,dated June 23, 2008, and fled in the office of the Recorder of Story County,Iowa,on June 30,2008,as Instrument No.08-07214; and 3. The Real Estate is subject to the provisions of an Agreement for Public Improvements executed by the City of Ames, Iowa, and Uthe Development Company,L.L.C.,dated August 23,2010,and filed in the office of the Recorder of Story County,Iowa,on September 20,2010,as Instrument No. 10-09001. d OCT-05-2011 WED 10: 32 AM NVEMASTER GOODE, PC FAX No. 5152323846 P• 006 2 Dated this I D-day of August,2011. NYEMASTER GOODE,P.C. David W.Benson,Attorney Iowa Title Guaranty Division Member#1545