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BP5355
.~ ``~ ~ Iv=,fi_= .~ ~UIL~ING.PERMITAPPLICATION '-~ . Jurisdiction of City of Blair, Nebraska ~ k ~ 218 South 16th Street 1~,J~_ i Blair, Nebraska 68008 5 3 5 5 ~~ ~.~ (402) 426-4191 Permit Application Date: ~~ ' ~~ 'r~~ Issue Date: ~ ~ ^~ C~ ~ Permit Fee: $ ~~~~ - ~~i(~ i JOBADDRESS LAC> - ~ 1 c~1 1 ~:~~~~ r=l,~~,~~~ 1 LEGAL DESCR. LOT NO. ~ BLK. TRACT ^ ~ ~ ~ \ -7 Y~ ^ SEE ATTACHED SHEET I ~~~~C,UZ1.J L OWNER MAIL ADDRE~ ~~ ZIP PHONE 3. CONTRACTOR MAILADDRESS cG~l._I71~ PHONE LICENSE NO. USE OF BUILDING 4. 5. Class of Work: NEW ^ ADDITION ^ ALTERATION ^ REPAIR ^ MOVE ^ REMOVE 6. Describe Work: ~a~,~ ,~L~ /~~~~/~,~ 7. Sq. Footage of Structure pnduding Basement and Garage): ~, ~ ~ 1 ~ ~, s ~ ~ . ~, ~ ~~' (" 8. Change of Use From: Change of Use To: g, Valuation of Work: $ ~'1 ~ ~(~(~ , C~~~ 10. Floodplaln: Floodway Yes^ Fringe Yes^ No 0' Dev.Permit EIev.Cen. No ^i BFE 11. Current Zoning: l~ ~ 12. State Fire Marshall Required: Yes ^ No^" 13. Special Use Permit Required: Yes ^ No ~ 14. Variance Required: Yes^ No[~-~ ~21~ 15. Minimum Setbacks: Front ~s Side Z_ Rear 16. Sidewalk Required: Yes No ^ Waiver Approved APPLICATION ACCEPTED BY PLANS CHECKED BY APPROVED FOR ISSUANCE BY ~ NOTICE Separate permits are required for electrical, plumbing, heating, ventilating and air condi- tioning, and septic systems. By my signature below, I achnowledge that payment of the building permit application fee does not constitute issuance of this building permit. I further agree that construction covered by this permit application shall not be commenced until I have received acopy of this application form signed bythe Building Inspectorand stamped 'APPROVED'. I hereby agree to perform the proposed work in accordance with the specifications setforth above and in accordance with the codes~ordinances of the City of Blair and the State of Ney c-a5~f 1~R rstand that this permit is void if work is not commenced within 1 SO days Is not corral iq+ir~ OF OWNERICONTR OR OR AUTHORIZED AGENT DATE SIGNATURE OF OWNER (IF OWNER BUILDER) DATE Site Plan Attached ^ Compl~t ~Pla~ Attached ^ Approximate Completion Date ~1 ~C ~ ~~`- ~ - Inspections Required and Fee. ~ Utilities Sewer Tap ~c.-~~-~~~!~~ Water Tap ~ Sewer "~ '~ Water Service /~~' ~~ ~iz~-" ~ Septic ~~ ~ Remote ~~ Building Footings ~~ J~ %' Drywall •~ (before finish) Framing ~~ Final `~ ~ ~~ ~~~~ Electrical ~ ~ l ~ ~ ~i Rough-in /~'o.~~c/15~ ~ 11-- ll`fvFixtures Final ~ ~'' Permanent Service ~ Temporary Service ' Mechanical Rough-in ~~~'~~ru~~~ ABC / :~°"~~~~1.-~~>~ Final (< I mbin ~~,c, Ground Work ~ ~ ~ ~- -~ -~`-t~+~ Rough-in °~ ~~~~~~~~~'' Final ~~~-~ WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT Comment: Appro d y SOUNDS PRTG: Blab. NE Rev. 10/B 1 ( '. 1. 1 I{,l +~li `l 1.~~ l ~ .7.~ ~.. Lr! .. ~li i tll,`4 ~ ~ll•l '. `~ii ? 1 1 7t;,t s ~~ i ~ ~ "l ~~~• ~r~~, ! r:~ r ~~ {i. ~. ~ ~~ ~.. li 1 ~~+.. ~ ~ ~~ f ll t 4 i ~!/ !, 1, ~~ i' l' ~, 1 f ~Vf ~1~? lr ~ 1 ~ 'Ir .f ~ ~ f !•' ,Q ~ ~~~, _ 1'( ~fl~ll r 't f 1 4 ~ ~ a 4 ;. ~~ ~f r~ ' h,{Si;' ~~• ~ ~ ' ,{ 7111 ~)r STS ~ ~i •.1 1 F ~~ `~a c a r 1 ~ \ \~.\ i ~" i ~ ~' ~ ~ ~~: .l~ - 9 ~~ ~ , . ~ tih ` Q i S~ . ~ ~ ~ •~ ~ J~ .c ~~ eo ~,; ~` h ,~~, > ,mil w~ ( 9, ', ;~1 ('' r' `\ i \ `~ ~ ~ ;° , ~ ti h ti i~ ~ ~ / r~ ,,. VS: ;., ti`s r. ~ ~ \ \ \ .~ ~ ~ z? ~ 25 ., ~ z 3 ~ r ~~~ ~ ~ ~ 1 ~ ~ - ~ ~ i '~~ 1 y . ~ r I ~ ~ , _l .DSO ho ~ _~ _~ ~ ~ ,~,. , ~ . w .• ~ Q M. H. ©: ~ ~ ~ Qf ~ 1 \ ~ ccrr ~Arr LINE \ ~_- - -T . f •BLJILDING PERMIT APPLI Jurisdiction of City of Blair, Nebraska 218 South 16th Street Blair, Nebraska 68008 (402) 426-4191 Site Plan Attached ^ Complete Plans Attached ^ Approximate Completion Date Inspections Required and Fees Utilities Sewer Tap ~~5 • CCU Water Tap Sewer I ~ • y~ Water Service (~ • ~ O 559 Application Date: ,C~ Z Z l~ ~ Issue Date: ~ ~~ ' ~z '~~ Permit Fee: $ 1 f-{'7 .C,~ JOB ADDRESS ` ~ cis ~ i O) - i~~ 2~)^~ Avg. 1' D SCR, LOT NO. ~ B~• TRACT~,'~r~~~n- y ~i~^/ ~L ^ SEEATTACHEDSHEET 2. OWNER MAILADDRESS ZIP ~GZ.~~.pN,~ .,~ ~C~ PHONE 3. CONTRACTOR . Jess ~)~ ^ c~~ Mal ~ DRES~' C ~~ C PHONE C v UlJ' ~ 2 ~l ~ LIC(N~NO.~ ~/~r(~ 1 `j, ~~ USE OF BUILDING 5. Class of Work: NEyy ^ ADDITION ^ALTERATION ^ REPAIR ^ MOVE ^ REMOVE 6. Describe Work: ~ ~ b C' • 7. Sq. FOOtage Of StrUCtUre (Including Basement and Garage): 8. Change of Use From: Change of Use To: g, Valuation of Work: $ Floodway Yes ^ No ^ 10. Floodplain: Fringe Yes^ No ^ Dev. Permit Elev. Cert. BFE 11. Current Zoning: 12. State Fire Marshall Required: Yes ^ No^ 13. Special Use Permit Required: Yes ^ No ^ 14. Variance Required: Yes ^ No ^ 15. Minimum Setbacks: Front Side Rear 16. Sidewalk Required: Yes ^ No ^ Waiver Approved _ BY I PLANS CHECKED BY I APPROVED FOR ISSUANCE BY NOTICE Separate permits are required for electrical, plumbing, heating, ventilating and air condi- tioning, and septic systems. By my signature below, I achnowledge that payment of the building permit application fee does not constitute issuance of ihis building permit. I further agree that construction covered by this permit application shall not be commenced until I have received acopyof this application form signed bythe Building Inspectorand stamped 'APPROVED'. I hereby agree to perform the proposed work in accordance with the specifications set forth above and in accordance with the codes/ordinances of the City of Blair and the State of Nebras I understand that this permit is void if work is not commenced within 180 days or' not plated within 2 yearsy of issue ~8 NATURE OF OWNER)CONTRAC OR OR AUTHORIZED AGENT DAT SIGNATURE OF OWNER (IF OWNER BUILDER) DATE Septic Permit Remote Building Footings Drywall - (beforefinish) Framing Final Electrical Rough-in ~ • O C.~ Fixtures Final ~ ~ ~~ ~ Permanent Service Temporary Service Mechanical Rough-in ~~ UU ABC 10 • C~C.~ Final (~. c)~~ Plumbing Ground Work Rough-in 12• C~C~ Final ~.UO WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT CAT10~1V Comment: Approve ` o---~-~ a: ~ ~ o 0 d z b n~ ~J '~ r ~~ ~V . O ~' ~ r o d O tnrl G ~, a 0 a r o ~ b o 0 H i ~ a 0 z t~iy ~~ ~ ^ ~ 0 0 ;, o ~ ~. ~ µ O r ~ ..o. . ~ h 'T ; I a~ ~' [ x ~:~~ ^ v ^ S ~ r~ v D ~. ~ ~ x ~ ~ ~ D ~ ,_,_ ^ ~ o~ ~ ~ ~ .. ~ o ^ "~ ~ -: I~ CS7 H ~ O ^ ^. ~ o ~~ ~ ~ D ^ y x .~ n ~ ~ a d ~ Z ~ .~ r a .. ~o ro ~ , Z ~ ~ ~ ~ ~',, ~ z o z ~ ~ ~ o ,: ~ ~` b z ,o ~ j~ 0 ~ ~ ~ `- z ' ;o ~ . ' ~ , ^ . ~. o, J ~ ~ 0 ~ ~nr~' ~ ~~ `r ~ b ~~ ~ 1 ~ ~ } ' ~ ,Q o 1 '!13 '1 ~ n ; ~ N r~ i ` °o ~ ~ c~ iG"i ~I i f i ~ c ^ .' r, c~ ~ ~ ~x .~ ~ ~ z ~' ~ ~ ~t o 'R ~, ~ z x- ~ ~ . 0 ~'. !Gp^ l ~J l o a _,,. ,. a, , . _ '"~~ t F. '~ C~7 . b7 + C7 Z r" ~ '~' ~~ ~ ~ _,. o~ y z p p~ ~ r ~ z ~ ~ ~ti, . , ~ , ~ ,~ '~ O ,C C! / S o ~ a ~ ~' ~ F~ Cdr] H ~ ~ ~ ~ ~~ C ~ -~ ~- ~ ~ .~ D ~ r-,y Q y' .. ~ ~ ~ '^ ~ ~ n ~- .~ a i ~N an ~sauasazdag ~~; i :azs uoF~oadsu2 auk ;o s~Tnsag army a~aQ uoi~oadsu2 ;o ad~~ 9 ~ u0 i ~iusdmo~ ;o amsN $u-~pZing ;o uoz~BOOZ T ~~/J~ ~p,~' a U~J~ zo; pa~sanbaz uaaq ssq uoFaoadsuj ~ p ~ 1 SdIIS NOI1~3dSNI AlI~ pt ~ ~ '~-, .. ~ $UILDING INSPECTION REPORT CITY OF BLAIR WASHINGTON COUNTY (OTHER) /'O0 /O // LOCATION OF INSPECTION: c~Jy ~~ ~ ~~~ D~~J NAME OF OWNER: ~Q/YY1N~(ivl, CONTRACTOR UC~~~v DATE INSPECTION REQUESTED: ~~"al~%.3 PERMIT NO: -~~S`~ TIME INSPECTION REQUESTED: 0/> A TYPE OF INSPECTION REQUESTED: BUILDING: FOOTING FRAMING b`- DRYWALL FINAL UTILITIES: SEWER TAP SEWER SEPTIC WATER TAP WATER SERVICE REMOTE ELECTRICAL: ROUGH IN: ,~ FIXTURES FINAL MOTORS PERMANENT SERVICE TEMPORARY SERVICE MECHANICAL: ROUGH-IN A\C FINAL PLUMBING: GROUNDWORK ROUGH-IN V r~~ INAL RESULTS OF THE INSPECTION: PASSED ~ (SEE NOTES) FAILED (SEE NOTES) NOTES\REMARKS: INSPECTOR: DATE INSPECTION MADE: ~~Z Z~ g? TIME:_ l~.~s~ CALLED OPPD\ TO CONNECT SERVICE: YES NO _ WANT OFFICE STAFF TO CALL OPPD\ YES NO _ t City of Blair 218 South 16th Blair, Nebraska 68008 402-426-4191 t ~~, r July 19, 1994 Damian Gross 213 E. nth Street ~/~-~~/~~/~?I Logan, IA 51546 Dear Mr. Gross, It has been brought to my attention that a local relator is advertising your properties for sale as "recently completed townhouses". These units have not been completed, nor can they be until the following conditions have been met. 1. Sidewalks have not. been completed. 2. No final inspection has been requested nor completed to date. 3. To date, you have not filed the necessary condo agreement with the City, or applied .for a special use permit to go before the Planning Commission and City Council to grant permission for townhouses. In addition, Mr. Wilson sent you a letter on April 21, 1994, notifying you that you must apply for an extension on Lot 1 or the permit would expire. The extension must be filed for by the close of the work day on August 10th, 1994. This is your last chance to apply for an extension or the building permit will be canceled, and you will have to pay for a new permit prior to start of construction. Thank you for your cooperation. Sincerely, ~ ,0~°'= Rodney A. Storm City Administrator cc: Jan Davis, CBS Real Estate ~ promise City of Blair 218 South 1 bth Blair, Nebraska 68008 402-426-4191 ~~ ~~ JO ~~ 0 ~ promise April 21, 1994 Damian Gross 213 E. 7th Street Logan, IA 51546 RE: Condominium building permits issued on Lot 1 and Lot 2, Stillmeadow Second Addition, Blair, Nebraska Dear Mr. Gross, On October 4th, 1993, a building permit was issued for Lot 1, and there has been no activity on the site. Unless you request a six month extension before May 1, 1994, this permit will expire. The building under construction on Lot 2 has been dormant far some time. It is my understanding, except for the sidewalks, this project is complete and ready for a final inspection. However, as of this date you have not completed the necessary condo agreement with the City of Blair which is required to obtain a final inspection and certificate of occupancy. Please give me a completion schedule for the sidewalk and take immediate action on the condo agreement so we can proceed with this project. If you have any questions, please call me at (402) 426-4191, Monday through Friday, 7:00 a.m. to 10:00 a.m. Sincerely, ~ William D. Wilson, P.E. City Building Inspector GROSS BLAIR ONE CONDOMINIUN9S The operation of the condominium property known as Gross Blair One Condominiwns as named in the Master Deed to which these By-Laws are attached shall be governed by these By-Laws. AR`PICLE I. MEMBERS-MEETINGS Each owner of a unit shall be a member. of the Association. Each owner or set of owners of any one unit shall be entitled to one vote for each unit owned by him/her. ARTICLE II. TRANSFER OF MEMBERSHIP Membership in the Association may be transferred only as an incident to the transfer of title to a unit as and in the manner provided for in the Master Deed of these By-Laws, and shall become effective upon recordation of a deed of conveyance to said unit. ARTICLE III. ANNUAL MEETING .The annual meeting of the Association shall be held on the first Monday of the month of _________ of each year beginning on the first Monday in the month of __________, .1994, and each and every year thereafter at 7:00 o'clock P.M., at such location on the condominium property as the President or majority of the Executive Board shall specify in writing to the unit owners. Should the date for said annual meeting fall on a holiday, the meeting shall be held on the next succeeding Uusiness day. ARTICLE IV. SPECIAL MEETINGS A special meeting of the unit owners may be called at any tiiue by the President or by a majority of the Executive Board, \ and shall be held at such place as is designated by the President or a majority of the Executive Board and stated in a written notice. No special meeting shall 6e called unless the Secretary of the Executive Board shall have mailed to or-served upon all of the owners written notice of. said meeting at least ten (10) days prior to the date of-said meeting. A special meeting shall also be called by the President of the Executive Board upon written .demand of a n-ajori.ty of the unit owners and in the event such demand is made then in that event the President shall. direct the Secretary to mail or to serve upon all unit owners written notice of said meeting at least ten (10) days prior to the date of-the meeting.. All notices shall be mailed to or served ai; the address of the unit owner as i't appears. on the books of the Association. ARTICLE V QUALIFICATION OF OFFICERS Any officers of the Association shall be an owner of a unit. as .is reflected by the warranty deed recorded with the County Clerk of Washington County, Nebraska. A transfer of his/her unit by an Officer who is a unit owner shall automatically operate as leis/her resignation as an officer and a member of the Executive Board. ARTICLE VI. REMOVAL ANll VACANCIES After sixty (60) days of service as an officer, an officer may he removed from office upon the affirmative vote of a majority of the unit owners for any reason deemed by the unit owners to be detrimental to the best interests of the condorninium. In the event of any removal, resignation or vacancy in .any of the offices, the remaining members of the Executive Board shall elect a person to serve as a successor to the resigned or vacant office, who shall hold office for the balances of the unexpired term. The election held for the purpose of filling said vacancy may be held at any regular or special meeting of-the Executive Board. ARTICLE VIi. QUORUM A quorum 'for the transaction of the business at any regular or special meeting of the Executive Board shall consist of a majority of the members of the Executive Board. A quorum for the annual or special meeting of the Association shalt be a- representation of two units. 2 ARTICLE VIII. COMPENSATION The officers of the Executive Board shall serve without compensation. ARTICLE IX. OrFICERS Section 1. The President. He/she shall be the chief executive officer of the Executive Board; he/she shall preside at all meetings of the. Association and the Executive Board. He/she shall have executive powers and general supervision over the affairs 4~f the Association and other officers. He/she shall sign all written contracts of the Association and shall perform and have the powers necessary to perform all of the duties incident to his/her office that may be delegated to him from time to time by the Executive Board. Section 2. The Vice-President. He/she shall perform all of the duties of the President in his absence and such other duties as may be required of him/her from time to time by the Executive Board. Section 3. Secretary/Treasurer. He/she shall issue notices of all Executive Board meetings and all meetings of the unit owners; he/she shall attend and keep the minutes of the same; he/she shall have charge of all the Association books, records and papers. He/she shall. have the custody of the Association funds and securities and shall keep full and accurate account of receip~;s and disbursements in books belonging to the Association, and shall deposit all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated from time to time by the Executive Board. He/she shall disburse the funds of the Association as may be ordered by the Executive Board in accordance with these By-Laws, making proper vouchers .for such disbursements and shall render to the President and the Executive Board at the regular meetings of the Executive Board or whenever they may require it, an account of all his/her transactions as Treasurer and of the financial. condition of the Association. He/she shall collect the assessments and shall promptly report the status of collections and of all delinquencies to the Executive Board. 3 t ~i ' i~ He/she shall give status reports to the potential transferees, on which reports transferees may rely. The liability of the owners shall continue until the transfer have been approved and a.ll such transferees shall be deemed liable for past due assessments. Sect:~on 4. Bond. The Secretary/Treasurer and all officers who are authorized to sign r_hecks must be bonded in an amount. equal to the total anticipated assessments for a full year, .unless waived by the Association at an annual meeting. Section 5. Executive Board. The Executive Board shall. be made up of the President, Vice-President, and Secretary/Treasurer of the Association. ~ ARTICLE X. FINANCE AND ASSESSMENTS Section 1. Depository. The funds of the Association shall be deposited in a bank in Washington County, Nebraska, designated by the Executive Board, in an account for the Association under resolutions approved by the Executive Board and shall be withdrawn only upon check and demands for monies signed by any of the officers of the Association. All notes of the Association shall be signed by any two of the officers of the Association. Section 2. Fiscal Year. The fiscal year for the Association shall begin on the first day of January of each year; provided, however, that the Executive. Board is expressly authorized to change to a different physical year in accordance with the provisions and regulations from;time to time described by the Internal Revenue Code of the United states of America and at such- i:ime as the Executive Board deems it advisable. Section 3. Determination of Assessments. The Executive Board shall fix and determine from time to tiu-e the sum or sums necessary and adequate for the common expenses of the condominium property. The Executive Board i.s specifically empowered on behalf of the Association to make and collect assessments and to maintain, repair and replace the common elements of the condominium. Funds for payment of expenses shall be assessed " against t;he unit owners in an amount of one share per unit. Said assessment shall be paid monthly; in advance, as ordered by the Executive Board. When the Executive Board has determined the amount of any assessment: the Secretary/Treasurer of the Association shall mail or present a statement of the assessment to each of the unit owners. All assessments shall be payable to the Secretary/ Treasurer of the Association and upon request, the Secretary% Treasurer shall give a receipt for each payment made to him/her. 4 1 + I, ~ ..i 1, 1 Section 4. Co1lec~tion and Enforcement. In connection with assessments, the Association shall have all of the powers, rights, and privileges and legal remec}ies provided for by the Master Deeci and the Condominium Act in and about collecting and enforcing assessments.. Further in .this connection each unit owner shall be liable for his/her assessment in the same manner provided for in the Master Deed and the Condominium Act, and shall likewise be responsible for reasonable attorney fees, interest and costs incurred by the Association incident to the collection of such assessments or enforcement. of any lien held by the. Association for unpaid assessments. ARTICLE XI. MAINTENANCE AND REPAIRS Section 1. Access. Any officer of the Association shall have an irrevocable right to have access to each unit from time to time during reasonable hours that may be necessary for making emergency repairs therein to prevent damage to the common elements or to another unit or units. Section 2. Maintenance and Repair. The Executive Board may enter into contracts with any firm, person or corporation for the maintenance and repair of the condominium property.. The Executive Board may contract, empower, or grant such firms, persons or corporations the right of access as set forth in Section 1 of this Article. Section 3. Prohibitions. No unit owner shall make any alteration in the portions of the improvements of a condominium which are to be maintained by the Association or remove any poI't10I]S thereof, or make additions thereto, or do any work which jeopardize the safety or soundness of the building containing' his/her unit or repair any easement. No unit owner may enclose a patio area adjacent to his/her unit. Section 4. Material Alterations. There shall be no material alterations, or substantial additions to the common elements, except as the same are authorized by the Executive Board and ratified by the affirmative vote of a majority of the unit owners present at any regular or special meeting of the unit owners. ARTICLE XII. AMENDMENTS TO THE BY-LAWS Section 1. These By-Laws may be amended in the same manner as the Master Deed may be amended, and in accordance with the 5 . ,± provisions of the Condominium Act. No modification or amendment shall be valid unless set forth in or next to a duly recorded- amendment to the Master Deed. Until January 1, 1995, these By- Laws may not be amended, however, without also. having a resolution requesting said amendment for the Executive Board. ARTICLE XIII. RULES AND REGULATIONS Section 1. The Executive Board may., from time time, adopt and amend previously adopted administrative rules and regulations covering the details of L-he operation and use of the common elements of the condominium; provided, however,~that no such rules and :regulations shall conflict with the Master Deed, these By-Laws, or the provision of the Condominium Act, and in the event of any conflict between said rules and .regulations, and the foregoing, the latter shall prevail. The Executive Board shall, from time to time, send a copy of all rules and regulations as adapted fram time to time by the Executive Board to each unit owner by United States mail, postage prepaid. APPROVED AND DECLARED S BY-LAW F OSS BLAIR ONE CONDOMINIUMS,. on this 1,~`~day of _~v~e~____, 1994. - - - ---- BY - - ----- -~ - DAMIAN A.-GR eveloper ITH R. GROSS, Developer - STATE OF I~;Wa ) .ss: COUNTY OF HARRISOTd } On this 11 ~'-day of ___~-~~ ___--_, 1994, before me the undersigned Notary Public, personally came Damian A. Gross and Judith R. Gross, to me known to be the identical persons whose. names are affixed to the foregoing By-Laws and acknowledged the execution of the same to be their voluntary act and deed for the purposes therein set forth. Notary R; lic KATNYJO LUNaERtiARD * ~ ~ ~ COMMtSS~W EXPIRES 6 MASTER DEED This Master Deed made and executed by DAMIAN A. GROSS and JUDITH R. GROSS, Husband and Wife, being the record title holders to the real estate described as follows: Lot 2, Lgrsen's Stillmeadow Second Addition to the City of Blair, Washington County,. Nebraska. The undersigned do hereby state-and declare that; the real estate described hereinabave is submitted to condominium ownership pursuant to Neb. Rev. Stat. 76-801, et seq, as amended and known as-the "CONDOMINIUM PROPERTY ACT" (hereinafter referred to as "Act"), and do hereby state: 1. Definitions: Definitions of terms. used herein are as follows: 1.1 Unit - means those parcels of the condominium property designated on Exhibit "A" attached to this Master Deed .which are subject to private ownership. 1.2 Association - shall mean all owners of units of condominium property. 1.3 Executive Board - shall mean the elected officers of the Association as set forth in the By-Laws attached hereto. 1.4 Common Elements - means the portions of the condominium property not included in the units and shall include the personal property .required for the maintenance and operation of the condominium, even though owned by the Association. Limited Common Elements means those common elements which are reserved for the use of a certain unit to the exclusion of all others.. _ . 1.5 Condominium Parcel- means a unit, together with the undivided share in the common elements, which is appurtenant to the unit. 1.6 Unit Owner - means the owner(s) of a condo- minium unit and attached garage. 1.7 Common Expenses - means expenses for which the unit owners are liable to the Association. A common expense assessed :against the in- dividual owners, but not shared proportionately, are c.all'ed .Limited Common Expenses. 1.8 Assessment means a share of. the funds required for payment of common expenses which from time to time are assessed against the unit owners by the Executive Board.. 1.9 Developer shall mean Damian A. Gross and Judith R. Gross, husband and wife. 2. Name: The name by which this condominium is referred to is "Gross Blair One Condominiums", as operated by the Gross-Blair One Condominium Association, hereinafter referred to as "Association". 3. Identification of Units: Developers have constructed on the above-described real estate, two (2) condominium units. That attached hereto, marked Exhibit "B" and incorporated by this reference herein, is a plot plan and survey showing the location of the building and the remainder of the condominium property. 3.1 Unit Owners shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding the respective condominium unit, nor shall the owners be deemed to own pipes, wires, conduits or other public utility lines running through the respective condo- 2 ~. , ~ - - - minium unit which are utilized for or serve more. than one condominium unit, which terms are by these presents hereby made a part of the common elements. Said unit .owners, however, shall be deemed to own the walls and partitions which are contained in said .owners' respective condominium unit, and shall also be deemed to own the inner decorated and/or finished surfaces of the' perimeter walls, floors and ceilings, in- eluding dry wall,-paint, wallpaper, etc. 3.2 If any portion of a condominium unit or common element encroaches upon another, a valid easement for the encroachment and the .maintenance of same, so long as it stands, shall and does exist. 3,3 In connection with the floor plans and plot plan, identified as Exhibits "A" and "B",'the legend notes thereon contained are incorporated herein, and made a part hereof by reference, and the said plans have been certified in the manner required by the Condominium Act. 4. Dimensions:. That the said condominium project has a total building area of 3,000 square feet of which 3,000 square feet will constitute family units and 0 square feet will constitute general and/or restricted common areas and facilities. s 5. Family Units/Common Elements: The family units and common areas of the facilita.es of the project will be as follows: 5.1 The Condominium Property will have two family units which will be consecutively numbered and referred to as-Unit One and Unit Two. Unit One is a rectangular shaped apartment with an attached one-car garage with a combined perimeter 50 feet long and. 30 feet wide, making a-total area of 1,500 square feet, as specifically shown on Exhibit "A" which is attached to this Deed. Unit One is the northernmost unit of the construction project., 3 .t - Unit .Two is a rectangular shaped apartment and attached one-car garage with a comb.iued exterior measurement of 50 feet long and 30 feet wide, making a total area of 1,500 square feet, as specifically shown on Exhibit "A" which is attached to this Deed. Unit Two is.located south of Unit One. Neither unit has a separate basement. 5.2 Common Areas and Facilities:' 5.2.1 The parcel of land described in the first paragraph of this Master Deed; provided however, that the owner of Unit On e. shall maintain, at his/her individual expense, the sidewalks and driveway immediately adjacent to the one-car garage attached to Unit One, which maintenance shall include the timely removal of all- - snow, ice and other debris from said sidewalks and driveway, and furthermore, the owner of Unit Two shall maintain, at his/her individual expense, the sidewalks and driveway immediately ad- jacent to the one-car garage attached to. Unit Two,. which maintenance shall include the timely removal of all snow, ice and other debris from said sidewalks and driveway; provided further, that the yard and shrubbery located immediately adjacent to Unit One (front and bac}c) shall be mowed and maintained (i.e. the grass to grow no longer than ' 7" and reasonable effort to control weeds) by the-owner of Unit One; and, the yard and shrubbery located immediately adjacent to Unit Two (front and back) shall be mowed and maintained (i.e. the grass to grow no longer than 7" and reasonable effort to control weeds) by the owner of Unit Two. 5.2.2 The following facilities located within the condominium project which are restricted common areas and facilities are as follows: a) The commoc~ walls between ad- joining units shall be reserved for the use of the owners of such .adjoining units; 4. :.. `, `, ij b) A11 utilities equipment not located within the unit which the utility equipment exclusively serves; provided-further, that the owner of Unit One shall ma:intain and repair the separate air conditioning and heating unit attached to Unit One and the owner of Unit Two shall maintain and repair the separate air conditioning and heating unit attached to Unit ' Two. 5.2.3 The common elements shall include: a) All roof area; b) All these areas not specifically described herein as unit areas or restricted common areas her•ein- above. 5.2.4 The owner of Unit One grants to the owner of Unit Two and the owner of Unit Two grants to the owner of [Tnit One an easement and license for the construction, repair, maintenance and replacement of any utility lines along, over and across the real estate described hereinabove, used exclusively for the other unit, it being agreed and understood that should the installation, maintenance, repair ar replacement of any utility line servicing Unit One cause damage to Unit Two or .any .grounds then the owner of Unit One shall, at his/her expense, repair said damage in a timely manner, and, should the installation, maintenance, repair or replacement of any utility .line servicing Unit Two cause damage to Unit One or any grounds then the owner of Unit Two shall, at his/her expense, repair said damage in a timely manner.. 6. Value of Property and Percentage of Expenses: That the title and interest of each owner of a family unit in the 5 proportionate share in ttie prn~~i.c and commo~a expenses in said general common areas and facilities, as well as the pro~~ortionate representation for voting purposes in the meeting of the association of owners of the Gross Blair One Condominiums is based on the proportionate value of each family unit to the total value of all family units as follows: 6.1 Family Unit No. One: 50%. 6.2 Family Unit No. Two: 50%. 7. Voting: Subject to the provisions and restrictions set forth in the By-Laws of the Association responsible for the operation of this Condominium, each unit owner or set of owners of any one unit, is entitled to one vote for each unit owned by him or them. 8. Method of Amendment. of Master Deed: This Master Deed may be amended at any regular or special meeting of the unit owners of this Condominium, called in accordance with the By-Laws, by the affirmative vote of all of the unit own e.x•s. Such amendment shall be evidenced by .a Certificate executed with. the formalities of a Deed, and shall include the recording data identifying this Master Deed, and said Certificate shall be signed and acknowledged by any officer of the Association responsible for the operation of this Condominium. This 6 No amendment shall change any Condominium unit, nor its undivided share of the Common Elements, nor a Condominium Unit's proportionate share of the common expenses or common surplus, nor the voting rights pertinent to any unit, unless the record owners thereof and all record owners of liens thereon shall join in the execution of the amendment, and provided further that said amendment shall be voted on, and evidenced and recorded in the same manner as all other amendments to this Master Deed. No amendment shall change the provisions of this Master. Deed with respect to mortgagees without the written approval of al.l institutional mortgagees of record. 9. By-Laws: 'Phe operation of the condominium property shall be governed by By-Laws which are set forth in a document entitled "BY-LAWS Or GROSS BLAIR ONB CONDOMINIUMS" and which are annexed to .this Master Deed, and incorporated herein by reference. No modification or other amendment to the By-Laws shall. be valid, unless set forth in, or annexed to, a duly recorded amendment to this Master Deed. The By-.Laws shall be amended in the same manner as this Master Deed is amended. 10. Miscellaneous Conditions, Covenants and Restrictions: 10.1 Assessments - The Association through its Executive Board, shall have the power to-make and collect assessments, and to lease, maintain, repair and replace the common elements, as provided by the Condominium Act. 7 i ~ ~ I ~ ~ ~ 10.2 Maintenance - The Executive Board may enter into a contract with any firm, person or corporation for the maintenance and repair of the condominium property. 10.3 Liens - The Association shall have a lien on each condominium parcel for any .unpaid assessments, and interest thereon, against the unit owner of such condominium parcel, which lien shall be effective as and in the manner provided for the. Condominium Act, and shall have the priorities established by said Actg. The .lien of .the Association for unpaid .assessments shall also secure reasonable attorneys' fees incurred by the Association incident to the collection of such assessments reinforcement of such lien. Nothing herein shall deprive a first mortgagee of his prior lien. 10.4 Occupancy and Use - The unit owner, or owner of a unit, shall occupy and use his condominium parcel as a private dwelling for himself and the members of his family and social guests, and for other purposes. The unit owner shall not permit or suffer anything to be done or kept in his unit which will increase the rate of insurance on .the condominium property, or which will obstruct or interfere with the rights of other unit owners or annoy them by unreasonable noises or other- wise; nor shall the unit owner commit or permit any nuisance, immoral or illegal act in or about the condominium property, A unit owner may keep any pet or animal on the condominium property so long as the pet or animal does not constitute a nuisance and unreasonably interfere with the quiet enjoyment of the premises by the other condo- minium owners. (No clotheslines or similar devices shall be allowed on any portion of the condominium property, except in areas designated therefore by the Executive Board.) Garage doors shall be closed when not in use and no cars shall be permanently parked on the grounds outside of building. All units shall keep all garbage containers inside the respective garages, except on date of pickup when they shall be put immediately outside of garage. Outdoor cooking equipment shall not be used or stored on the common areas and shall be restricted to the respective unit of use. 10.5 Insurance - The insurance which shall be carried upon the condominium property and the property of the unit owners shall be governed by the following provisions: 8 1 ]0.5.1 Authority to Purchase - All insurance policies upon the r_ondominium property shall be purchased by the Association for the benefit of the unit owners and their mortgagees, as their interest may appear in the company, triple "A" -- best rating or better, and provisions shall be made for the issuance of Certificates of Mortgagee Endorsements to the Mortgagees of condominium parcels. Unit owners may obtain insurance coverage at their own expense upon their personal ~.-roperty, and for their personal liability and living expense. 10.5.2 Coverage - a) Casualty - All buildings and improve- menu upon the land and all personal- property included in the condominium property shall be insured in an amount equal to the maximum insurable replace- ment value, excluding foundation and excavation costs, as determined annually by the Executive Board of the Association. Such coverage shall afford protection against: (i) Loss of damage by fire and other .hazards covered by a standard extended coverage endorsement; (ii) Such other risk as from time to time shall be customarily covered with respect to building similar ' in construction, location, and use, including, but not limited to, vandalism and malicious mischief. b) Public Liability - in such amounts and with such coverage as shall be required by the Executive Board of the Association, with cross-liability endorsements to cover liability of the unit owners as a group to a unit. owner. c) Workmen's Compensation - as shall be required to meet the requirements of the law. d) Each individual unit owner shall be responsible for the purchasing of liability insurance for accidents occurring in~his own unit. The owner of 9 a unit shall have no personal liability for any damages caused by the Association, or in connection with the use of the conunon elements. A unit owner shall be liable for injuries or damages .resulting from an accident in his own unit to the same extent and degree that the .owner of a house would be liable for an accident occurring within the house. 10.5.3 Loss Payable - All casualty insurance policies purchased. by the Association. hereunder shall provide, that all proceeds c®vering casualty losses shall be paid to any bank irr Washington County as Trustee, or to any other bank in Washington County, in the State of Nebraska, with powers as may be designated by .the Executive Board. 10.5.4 Payment of Premiums - Trustee's Expenses and Collection: ..The Executive Board shall collect and pay th.e premiums for all in- surance and all fees and expenses incurred in securing the insurance. .](1.5.5 Mandatory Repair -.Unless there occurs .substantial damage to or~destruction of all or a substantial part of the condominium .property, as hereinafter defined, and subject to the provisions hereinafter pro- vided, the Association and the unit owners shall repair, replace and rebuild the damage caused by casualty loss, and pay the costs of the same in .full. The Association shall levy assessments in the event insurance proceeds are insufficient for the purpose' of repairing, replacing and rebuilding the damage .caused by casualty loss. 10.5.6 Determination of Damage and Use of Proceeds - a) Immediately after a casualty causing damage to any part of the condominium property, the Executive Board shall obtain reliable and detailed estimates of the cost necessary to repair and replace the damaged property to a condition as good as the condition that existed prior to the casualty loss; provided, however, that if a casualty causing damage is limited to a single unit, then it shall be the responsibility of that unit owner to obtain estimates of the cost of replacement as aforesaid. If the net proceeds of insurance are insufficient to 10 pay the estimated cost of reconstruction and repair, the Executive Board shall. promptly, upon the determination of deficiency, levy a special assessment against all unit owners for that portion of the deficiency related to common elements, in accordance with.the percentages set forth in Paragraph 3 of this Master Deed, .and against the individual unit owners for ttie portion of the deficiency related to individual damaged units; provided, however, that if, in the opinion of the Executive ` Board, it is impossible to accurately and adequately determine the portion of the deficiency relating to individual damaged units, the Executive Board shall levy the special assessment for the total deficiency against each of the unit owners., according to the percentages set forth in Paragraph 6 of this Master Deed. b) Unless there occurs substantial damage to or destruction of all or a substantial portion of the condominium property, and ' tyre unit owners elect. not to rebuild and repair, as provided in Paragraph 10.5.7 below, the Executive Board shall use the -net proceeds and the funds collected by the Executive Board from the assessments hereinabove set forth to repair and replace any damage or destruction of property, and shall pay any balance remaining to the unit owners and their mortgagees, as their interests may appear, and the proceeds of insurance,' .and the funds collected by the Executive Board from the assessments as herein- above provided shall be held by the. )xecutive Board in trust for the use and purposes herein provided. 10.5.7 Total Destruction - As used in this Master Deed, and in any other connection or contest dealing with this .Condominium, the term "substantial damage. to or destruction of all or a substantial .portion of the Condominium property" shall mean that two-thirds (2/3) or more of the apartment units are rendered untenantable by casualty loss or damage. Should there occur substantial damage to or 11 destruction of all or a substantial part of the condominium property, the condominium project shall not be reconstructed, if eighty percent (80~) of the unit owners agree thereto,. in writing, after the casualty loss or damage occurs. It is understood and agreed that in the event a mortgagee should require the payment of the proceeds to it, that sum-shall be paid to the said mortgagee, and the unit owner, shall then be obliged to deposit the funds necessary for his/her unit towards his/her share of the rebuilding costs. In the event such reconstruction is not approved, as aforesaid, the Executive Board :is authorized to pay proceeds of .the insurance to the unit owners and their mortgagees, as their interests may appear and the Condominium property shall be removed from the provisions of the Condominium Act with the results pro- vided for by Section 76-855 of the Condominium Act. The determination .not to reconstruct after casualty shall be evidenced by a certificate, signed by one of the officers of the Executive Board, stating that the Association has received the necessary writings from eighty percent (SOi) of the Unit Owners to not reconstruct. 10.5.8 Association as Agent - The.Association is hereby irrevocably appointed Agent for .each unit owner to adjust all claims arising under ..insurance policies purchased by the Association. 10.6 Alterations - There shall be no material alterations, door or color changes, or substantial additions to the common elements, except the same are authorized by the Executive Board, and ratified by the affirmative vote of a majority of the unit owners. No unit owner shall block, hamper, or otherwise interfere with the common elements of the property to the operation thereof. 10.7 Owners 10.7.1 That no owner of a "Condominium Parcel" may exempt himself from liability for his con- tribution towards the common expenses by waiver of the use and enjoyment of any of the "common elements", or by the abandon- ment of -his "Condominium Unit". 12 10.7.2 The owners of each and every "Condominium Parcel" shall return the same-for the purpose of ad valorem taxes with the Tax Assessor of Washington County, Nebraska, or. such other future legally authorized governmental officer or authority having jurisdiction over the same. ]~'or the purpose of ad valorem taxation, the interest of the owner of a "Condominium Parcel" in his "Condominium iJnit", an d. in the "common elements"-shall be considered a's a unit. The value of said unit shall be equal to the percentage of undivided shat•es in common elements of the entire Condominium, including land and improvements as has-been assigned to said unit in Paragraph 3 of this Master Deed. The total of all of said per- centage equals l00°G of the value of all of the land and improvements thereon. The percentage assigned above shall be binding upon all owners for .all purposes, including ad valorem taxation, at all times in the future, and may not be amended or changed.' ]0.8 Termination - The provisions for termination set forth in Paragraph 10.5.7 of this Master lleed shall be in addition to the provisions for voluntary termination, as provided for by Section 76-855 of the Condominiwn Property Act. 10.9 Severability - If any provision of this Master Deed or of the By-Laws attached hereto, or'the Condominium Act, is held invalid, the validity of the remainder of this Master Deed or of the By-Laws attached hereto, or of the Condominium Property Act, shall not be affected thereby. 10.10 Titles - Article and paragraph titles inserted throughout this Master Deed are intended only as a matter of convenience and for reference, and in no way define, limit, or in any way affect this Master Deed. 10.1.1 Notices - Whenever notices are required to be sent hereunder, the same shall be sent to the unit owners at their place of .residence in the Condominium building, and to the Association, at the residence of the Secretary-Treasurer. 13 ` All notices shall be deemed and considered sent when mailed. Any party may reserve the right to change the place of notice to him/ her, or it, by written notice, in accordance with the terms and provisions of this .paragraph. 1N WITNESS WIi$REOF,.th n~ersigned have executed this Master Deed, this _~Y-~"lday of _~~ ~~~,~^____, 1994. --- -- By-- --.-~----- DAMIAN A. GRO S, Developer JU H R. GROSS, Developer _ STATE OF Z6WA ) .ss: COUNTY OF ~I1lRRISOPJ ) On this ~~~ day of __~~-r~ , 1994, before me the undersigned Notary Public, personally came Damian A. Gross and- Judith R. Gross, to me known to be the identical persons whose names are affixed to the foregoing Master Deed and acknowledged the execution of the same to be their voluntary act and deed for the purposes therein set forth. - (~C~` -------- Notary Pu is ~~ KATHYJOLUNpEHOk,RU * AfN COMMISSION EXP~fES r,~1p 14 y. ` ` 11 3 ~ ~ ~ ~-~ V ~ . ~ 30. ,~~ {may ,~ ~ tih I ~ Q' ~ ~ ^ ~ ` ~r~ ~ s. 9~ . ~~ O ~ i !r ~ ~ ~! ~.; l.. ./ "' ~~ \ / ~' ~~ ` i 6 ~ by ~ y off; 1~j~-. o ~~:' 2 ~ - 26 .z ~~ ,. . ~4 ~ ~' ~~ ~ ~ ~ o ,~', \ h / ., ~ ~~ ,ti ~ ~\~ z ~ .\ o ; ~' ,zoo ~ ~ ' ~ ~ ~ ~ ' ~' 25 .. ~ _~~ \ ~ . ..,:.. \ ~ ~~ ~ I i '~'~ 1 ~ ~ I ~ ~. ~ ~- ~ e ~ . _. _ n ~ , \ SECT ION LINE ----- ~'-- 1! , Cam, ~ ,r " I I i;, ~, ~ ` a ~ S P . \ ~, ~ ~_ ~"~ ~ ~\ ~ / ;-. t J ~~- ~ ,tip I Qr ~ ~ y~ ~ 1 ~r : ,: \oo / S r L~ J ,~ eo .~, ~ . ~ ~ ~J ?~~~J 9 , • O ~ ~ \ v r ~ ~ ` I ~ , J ~ ~' J \ ti ~ ~~ / 26 ~ ~E„ ~ / ~ ~ .~ \ ,~ . ~ s . ~ ;,, s.. ti ~ \~~ . ~~ Z~~ ~ ~ . ~ ~ ,200 __ • ~ / ~ ~~ ~ ~ 1 ~~ ~ ~ c~. ; ~ ~ ~ / ;v~~ ~ ~LTILDING INSPECTION REPORT i .~; ~ ,. _~ - CTCY OF BLAIIt ^ WASHINGTON COUNTY ^ OTH'E/R - / ,p LOCATION OF INSPECTION: ~ ~~~ S ~ ~©~ ~ N ' z~(~ ~~/~- ~ ~ I NAME OF OWNER: ~• G-~"OSS CONTRACTOR: ~ • ~~~ ~ ' DATE INSPECTION REQUESTED: ~ ~ ZC~' q ~ PERMIT NO:. ~ 3S-~ TIME INSPECTION REQUESTED: ~ ~~~~ • ~ D~ TYPE OF INSPECTION REQUESTED. `V / r~ I . 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