2022-08Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 1611 Street, Blair, NE 68008 (402) 426-6694
RESOLUTION NO.2022-8
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair owns Lots 1 through 8 and Outlots A, B, and C, South 10th
Street, Blair, Washington County, Nebraska,
WHEREAS, the City of Blair is actively engaged in developing South loth Street, and
specifically Lots 1 through 8 and Outlots A, B, and C, for commercial development with the City
of Blair;
WHEREAS, the City of Blair desires to protect the value of the Lots and community by
establishing Covenants that set out minimum standards and restrictions for the Lots and Outlots,
WHEREAS, the Mayor and City Council have been presented with this Resolution which
would declare that the Declaration of Covenants, Conditions, Restrictions, and Easements of South
loth Street, Lots 1 through 8 and Outlots A, B, and C, Blair, Washington County, Nebraska are
valid and shall be enforced.
NOW, THEREFORE, BE IT RESOLVED that Declaration of Covenants, Conditions,
Restrictions, and Easements of South loth Street, Lots 1 through 8 and Outlots A, B, and C, in
Blair, Washington County, Nebraska are valid and shall be enforced by filing the Declaration of
Covenants, Conditions, Restrictions, and Easements on the Lots 1 through 8 and Outlots A, B, and
C, Blair, Washington County, Nebraska, with the Washington County Register of Deeds.
NOW, THEREFORE, BE IT FURTHER RESOLVED that said Resolution is hereby
adopted and approved by the municipality and the Mayor and City Clerk of the City of Blair are
hereby authorized and directed to execute the same on behalf of the municipality.
COUNCIL MEMBER JON STEWART MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER CHRIS
JENSEN. UPON ROLL CALL, COUNCIL STEWART, WILLIS, RUMP, JENSEN, SCHANK
AND HALL MEMBERS VOTING "AYE" AND COUNCIL MEMBERS SHEPARD VOTING
`NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 8TH DAY OF FEBRUARY 2022.
CITY OF BLAIR, NEBRASKA
BY:
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 8th day of
February, 2022.
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BRENDA WHEELER, CITY CLERK
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Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161h Street, Blair, NE 68008 (402) 426-6694
DECLARATION OF CONVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF SOUTH LOTH STREET DEVELOPMENT,
LOTS 1 THROUGH 8 AND OUTLOTS A, B, & C, IN THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA
THIS DECLARATION, made on the date hereinafter set forth, is made by The City of
Blair, a City of the First Class and a political subdivision organized under the laws of the State of
Nebraska, a municipality, hereinafter referred to as the "Declarant".
PRELIMINARY STATEMENT
The Declarant is the owner of certain real property located within Blair, Washington
County, Nebraska and described as follows:
Lots 1 through 8 and Outlots A, B, & C, South 1 Oth Street, with a Perimeter Description of:
A parcel of land known as Tax Lot 277 in the Northwest Quarter and Northeast
Quarter of Section 13, and Part of Tax Lot 226 in the Southeast Quarter of
Section 13, all in Township 18 North, Range 11 East of the 6th P.M.,
Washington County, Nebraska, being more particularly described as:
Beginning at the Northwest Corner of the Southeast Quarter of Said Section 13;
Thence S00°20"05"W (Assumed Bearing) on the East Line of Said Southeast
Quarter, a Distance of 107.10 Feet to the Northwest Corner of Tax Lot 225 of
Said Southeast Quarter; Thence S89°41'46"E on the North Line of said Tax Lot
225, a distance of 270.62 Feet to the Northeast Corner of said Tax Lot 225 and
the West Right of Way Line of South loth Street; Thence Northerly on said
West Right of Way Line the following Five (5) courses; (1) N04°12'11"W, a
Distance of 107.43 Feet to the North Line of said Southeast Quarter and a Point
of Curvature; (2) Thence on a 345.00 Foot Radius curve to the Left, an Arc
Distance of 55.64 Feet to a point of tangency, the chord of said curve bears
N25°49"05"W, a distance of 55.58 Feet; (3) Thence N30°26' 19"W, a Distance
of 413.31 feet to a point of curvature; (4) Thence on a 380.00 Foot Radius Curve
to the Right, an Arc Distance of 203.87 Feet to a Point of Tangency, the Chord
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of said Curve bears N15°04'07"W, a distance of 201.44 Feet; (5) Thence on
N00°18'04"E, a Distance of 690.74 Feet to the South Right of Way Line of
Wilbur Street; Thence N89°37'38"W on said South Line, a Distance of 508.65
Feet to the Northeast Corner of Tax Lot 267 of Said Section 13; Thence
S30°18'44"E on the East Line of said Tax Lot 267, a distance of 349.97 Feet;
Thence S03°51'56"E continuing on said East Line, a distance of 502.37 feet to
the Northeast Corner of Tax Lot 160 of said Section 13; Thence continuing
S03°51'56"E on the east Line of Tax Lot 160 and It's Southerly Extension, a
Distance of 298.41 feet to the Northeast Corner of Tax Lot 178 of Said Section
13; SO1°33'45"E on the East line of Tax Lot 178, a distance of 190.63 Feet to
the North line of the Southwest Quarter of said Section 13; Thence
S89°37'48"E Along said North Line, a Distance of 293.05 Feet to the Point of
Beginning Containing 11.95 Acres, More or Less.
Such lots are herein referred to collectively as the "Lots" and individually as each "Lot"
and such Outlots are herein referred to collectively as the "Outlots" and individually as each
"Outlot."
The Declarant desires to provide for the preservation of the values and amenities of
SOUTH loth Street Development, for the maintenance of the character and integrity of SOUTH
1 Oth Street Development, and for the acquisitions, construction and maintenance of Buildings and
Lots and Outlots for the use and enjoyment of the public.
NOW, THEREFORE, the Declarant hereby declares that each and all of the Lots and
Outlots shall be held, sold and conveyed subject to the following restrictions, covenants, conditions
and easements, all of which are for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Lots and Outlots, and the enjoyment of the public of the Lots and Outlots.
These restrictions, covenants, conditions and easements shall run with such Lots and shall be
binding upon all parties having or acquiring any right, title or interest in each Lot and Outlot, or
any part thereof, as is more fully described herein. The Lots, each Lot, Outlots and each Outlot, is
and shall be subject to all and each of the following conditions and other terms:
ARTICLE I.
RESTRICTIONS AND COVENANTS
1. All Buildings must have a minimum thirty-six (36) inches of brick, brick veneer, rock,
or similar material on the street side of any building constructed.
2. No lot will be utilized for any use without the construction of a primary building not
less than three thousand (3,000) square feet with an office space.
3. All areas between the building and the front property line must maintain paved
driveway and parking, with a minimum of six (6) inch concrete or six (6) inch asphaltic
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concrete, and be landscaped with grass and trees, shrubs, or flowers to maintain an
aesthetic pleasing and well-groomed appearance.
4. Any building and landscaping must be approved by the Declarant.
ARTICLE II.
EASEMENTS
l . A perpetual license and easement is hereby reserved in favor of and granted to any
company which has been granted a franchise to provide a cable television, utility, and/or internet
system within the Lots, Washington County , Nebraska, their successors and assigns, to erect and
operate, maintain, repair and renew buried or underground sewers, water gas mains and cables,
lines or conduits and other electric and telephone utility facilities for the carrying and transmission
of electric current for light, heat and power and for all telephone and telegraph and messages
service and for reception on, over, through, under and across five (5) foot wide strip of land
abutting the front and the side boundary lines of the Lots; an eight (8) foot wide strip of land
abutting the rear boundary lines of all interior Lots and exterior lots that are adjacent to presently
platted recorded Lots; and a sixteen (16) foot wide strip of land abutting the rear boundary lines of
all exterior Lots that are not adjacent to presently platted and recorded Lots. The term exterior Lots
is herein defined as those Lots forming the outer perimeter of the Lots. The sixteen (16) foot wide
easement will be reduced to an eight (8) foot wide strip when such adjacent land is surveyed,
platted and recorded. No permanent buildings, trees, retaining walls or loose rock walls shall be
placed in the easements but same may be used for gardens, shrubs, landscaping and other purposes
that do not then or later interfere with the aforementioned uses or rights granted herein.
2. Other easements are provided for in the final plat of South 1 Oth Street, which
is filed in the Register of Deeds of Washington County, Nebraska on October 22, 2021 —
Instrument No. 2021-04902.
ARTICLE III.
GERNERAL PROVISIONS
1. Except for the authority and powers specifically granted to the Declarant, the
Declarant or any owner of a Lot or Outlot, named herein shall have the right to enforce by
proceeding at law or in equity, all reservations, restrictions, conditions and covenants now or
hereinafter imposed by the provisions of this Declaration either to prevent or restrain any violation
or to recover damages or other dues of such violation. Failure by the Declarant or by any owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
2. The covenants and restrictions of this Declaration shall run with and bind the land
for eighty-nine (89) years after the recording of this Declaration. This Declaration may be amended
by Declarant, or any person, firm, corporation, partnership, or entity designated in writing by
Declarant, in any manner which it may determine in its full and absolute discretion for a period of
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twenty (20) years from the date hereof. After the Declarant owns no other Lots or Outlots in the
Development, this Declaration may be amended by an instrument signed by the owners of not less
than seventy-five percent (75%) of the Lots or Outlots covered by this Declaration. The Owners
are hereby put on notice that after the Declarant does not own any lots in the Development, the
Declarant will no longer have any duty to enforce these Covenants and it will be the sole discretion
of the Development, whether to enforce said covenants by a vote of not less than seventy-five
percent (75%) of the Lots covered by this Declaration. After the Declarant owns no other Lots in
the Subdivision, the Owners understand that the Declarant will file a Notice of Termination of
Status of Declarant.
3. City of Blair, is a municipality organized as a City of the First Class under the State
of Nebraska, or its successors or assigns, may terminate its status as Declarant under this
Declaration, at any time, by filing a Notice of Termination of Status as Declarant. Upon such filing,
Association may appoint itself or another entity, associate or individual to serve as Declarant, and
such appointee shall thereafter serve as Declarant with the same authority and powers as the
original Declarant.
4. Invalidation of any covenant by judgment or court order shall in no way affect any
of the other provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this 8th
day of February, 2022.
THE CITY OF BLAIR, a municipality organized
under Laws of the State of Nebraska.
Richard Hansen, Mayor of Blair
STATE OF NEBRASKA )
) ss.
COUTY OF WASHINGTON)
On this 8th day of February, 2022, before me, a Notary Public, personally came
RICHARD HANSEN, the Mayor for the City of Blair, to me personally known to be the
identical person whose name is affixed to the above foregoing instrument, and he
acknowledged the same to be his voluntary act and deed and the voluntary act and deed of
said City of Blair.
00K NOTARY - Stale. of Nebraska ' f M a
ar Efvl�A R WHEELER Notary Public
-a My Comm. Exp. June 20, 2024
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