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02231985 Railroad Right of Way2001 HAY -2 PH 2: KAREN A. VTAnSEN WASHINGTON COUNTY REGISTER OF DEEDS IN THE COUNTY OF WASHINGTON City of Blair, a. Municipal ) Corporation, ) Condemner. ) ) ) ) ) ) ) vs. Arnold K. Rosterman, Condemnee. i ,.. yr k 187 187 fit -"die K Yr c o C .UNaY COURT COU B COUNTY, STATE. OF NEBRASKA, WASHINGTON COUNTY- SS I hereby certify this is a true copy of the record on file in my offi Mo. '4 Da` JI n000RT NEBRASKA Case No. /u Doc. 7.4 REPORT OF APPRAISERS Page 2/ Now on this day of February , 1985, the undersigned, being the duly appointed, qualified, and acting appraisers in the above entitled matter, do hereby make and file this report, showing unto the Court: 1. The undersigned were duly appointed appraisers in the above entitled matter by "Order Appointing Appraisers" dated February 15, 1985, 2. Before entering upon the duties as appraisers in the above entitled matter, the undersigned duly took and subscribed on oath to support the Constitution of the United States and of the State of Nebraska and to faithfully and impartially discharge their duties as required by law. 3. The undersigned appraisers carefully inspected and viewed the real estate hereinafter specified sought to be taken and also any other property of the condemnee damaged thereby and heard all parties interested therein to the amount of damages while so inspecting and viewing the property. Those appearing were: Arnold Rosterman and John O'Hanlon, his attorney, Wyman Nelson, City Attorney and Doug Bullock, City Administrator 4. The amount of damages that will be sustained bythe owner of the said real estate by reason of the taking thereof by the condemner for right of way purposes is as hereinafter found and assessed. 5. The amount of damages that will be sustained by the mortgagee of the said real estate by reason of the taking thereof by the condemner for right of way purposes is as hereinafter found and assessed. NOW, THEREFORE, the undersigned appraisers do hereby find and assess the damages that will be suffered by reason of the taking of the real estate for right of way purposes by the condemner as follows: Arnold K. Rosterm , 1228 Washington, Blair, Nebraska 68008. 0o7o /'3 - t WASHINGTON COUNTY, STATE OF NEBRASKA RECORDED 7Y)a ' ,1°47 "/ AT BOOK 5-1)1 PAGES) / F'7- /i an8.ru Q. fl'riactd&ra REc7STER OF DEEDS Aprais Apprai er F FFR 188 COUNTY COURT WASHINGTON COUNTY' Recorded Genera! Numerical Photostat Proofed Scanned jer The Honorable F. A. Gossett III Washington County Court Blair, NE 68008 Sir: I L FEB 251885 COUNTY COURT WASH COUNTY RE: Report of Appraisers As requested in the Summons for Appraisers, Case No. Doc. No. , Page , we have appraised the property legally described as: The East Forty (40) feet of Tax Lot One Hundred Six (106), Section Twelve (12), Township Eighteen (18) North, Range Eleven (11), East of the 6th P.M., 'in the City of Blair, Washington County, Nebraska, containing 0.14 acres, more or less. As a result of this appraisal, we are of the opinion that the market value of the fee simple title of the subject property and the damage sustained by the condemnee, as of February 18, 1985, is T\ao Hundred and Fifty ($250.00) Dollars We further state that this appraisal fact that the City of Blair will pay any costs utility poles and electrical service, if there movement. It is further based on the fact that there shall be two (2) accesses to the Rosteruan Trailer Park, with necessary and adequate drainage provided by the City of Blair. We hereby certify that we have no financial interest in the subject property, that our employment and fee was not contingent upon the value found, and that to the best of our knowledge, the statements contained herein are correct. Feb. 25, 1985 - Copies mailed by the Court to: John R. 0`Hanlon, Atty. Wyman E. Nelson, Atty. • - •r ully ori,/ Pat ` Mall ette Al fredY O. File: Johnson ted, 18 9 February 22, 1985 figure is based on the of moving the electrical is any charge for said NILE K. JOHNSON • CLARENCE E. MOCK • ATTORNEY AT LAW • SUITE 101 • 1904 SOUTH ST. • BLAIR, NEBRASKA 68008 • TEL. 14021 426 -9626 !1 M1 2001H Y -2 PH :52 CONDEMNER, vs. ARNOLD K..ROSTERMAN, CONDEMNEE. fI The Defendant /Condemnee, hereinafter referred to as 190 IN ''Ilkt "fin °1 T? I J 1b'URT OF WASHINGTON REGISTER OF DEEDS CITY OF BLAIR ?'"AHMtJWICIPAL ) CORPORATION, ) ) CASE NO. 190 COUNTY, NEB C STATE OF NEBRASKA, WASHINGTON COUNTY - SS I hereby certify this is a true copy of the record on file in my office. Mo. . 9400 DOC. CC PAGE 160 SETTLEMENT AGREEMENT Arnold K. Rosterman, "Rosterman" and the Plaintiff /Condemner, City of Blair, hereinafter referred to as "Blair ", hereby agree and stipulate as follows: WHEREAS,, Blair brought a condemnation action on the following described real estate to -wit: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33 Orignal Townsite of Blair, and assuming the East, line, of Block 33 to bear due North and South;ic� thence North to the Southerly R.O.W. of the C &N4 ;;c - 7 Railroad; thence Southeasterly along sai g=l Railroad R.O.W. to the East line of Tax Lot 106;; thence Southerly along said East line toA =` intersect the North line of Block 33 projected East; thence Westerly along said projected line to the point of beginning, anticipate that rrl ru CD and the Court appointed appraisers returned a damage determination and award of $250.00; and, WHEREAS, Rosterman subsequent to the award of the appraisers filed an appeal of such award; and, WHEREAS, the parties hereto 0 considerable sums will be necessarily expended in addiLoria1 1 discovery, depositions, and costs and fees associated with a MAR 6 1987 . COUNTY COURT WASHINGTON COUNTY trial on the merits of this action; and, WHEREAS, both parties hereto desire to avoid further litigation and the expenditure of funds with continued litigation; and, WHEREAS, both parties desire and wish to resolve the issues raised by both parties in consideration of mutual benefits to be derived both parties hereto and additional considerations as set forth herein. IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. That Rosterman shall accept and both parties hereby authorize payment to Rosterman of the sum of $250.00 representing the appraisers award by the County Court of the sums previously paid to the County Court of Washington County, Nebraska, by Blair. 2. That Rosterman shall be allowed to leave the existing trailer located on Lot space No. 1 as designated by Rosterman in his mobile home court. Such mobile home shall be allowed to remain on such space including the partial encroachment on to the City right of way, both as existed prior to the condemnation and subsequent to the condemnation which formed the basis of the above captioned matter. Such mobile home shall be allowed to remain in its present location and including the encroachment upon Blair's right of way for a period of five (5) years, until it is destroyed to the extent of 50% or more, until Rosterman's death, or until a sale of Rosterman's Mobile Home Court by Rosterman, whichever of the events occurs earlier. 3. Rosterman hereby agrees to save harmless and 191 indemnify Blair from any and all claims, causes of action, damages, suits, or any other liabilities of any nature or kind which may arise or which may result from and may be brought by either Rosterman, any of his guests, invitees, lessees, or any other third persons, parties, or entities of any nature or kind as a result of the location of said mobile home partially upon Blair's right of way for the period which it shall remain as s forth hereinabove. In addition Rosterman hereby waives, discharges, and releases Blair from any and all damages, causes of action, claims, suits, or any other liabilities of any nature or kind for damages which may be sustained by him, known or unknown, and anticipated or unanticipated as a result of Mr. Rosterman's retaining said mobile home partially upon Blair's right of way. 4. Blair further hereby agrees and covenants not to sue Rosterman or in any other way make claim or bring a cause of action against . him for rents which may be due to the City and which have been collected by Rosterman from any trailer spaces or mobile home parking lots which have been located either partially or wholly upon Blair's right of and which have accrued prior to the date hereof. In addition, Blair agrees that no rental shall accrue to it or be due to Blair as a result of the mobile home remaining partially on municipal right of way on the lot as set forth hereinabove. 5. This stipulation and agreement shall not constitute an admission of liability, a confession of judgment, or a confession of any of the issues brought by either party herein, 192 but shall be deemed to be a compromise settlement between the parties solely and strictly for the purpose of avoiding continued litigation and the costs associated therewith. 6. Rosterman simultaneously upon the execution of this agreement execute a dismissal of the appeal captioned hereinabove and such dismissal shall be with prejudice. Rosterman hereby waives, releases, and discharges Blair from any and all other liabilities, damages, or remedies of every nature or kind which Rosterman may allege or claim to have as a result of said condemnation. 7. Each party hereto shall pay their own costs and any fees in connection with the above captioned appeal and the original condemnation. 8. This settlement agreement constitutes the full and complete agreement by and between the parties and no other or conditions other than those set forth have been agreed to by and between the parties. 9. This settlement agreement shall be binding upon the heirs, personal representatives, parties hereto. 6100/0/P3,1 WASHINGTON COUNTY, STATE OF NEBRASKA RECORDED 72Z7Cu_ , AT.. 2 PM. BOOK 5 D 7 PAGE (S) /qe' i93 Ac v a_. 1acia REGISTER OF DEEDS STATE OF NEBRASKA) WASHINGTON COUNTY) ss. ! JEAN BLATTER, Clerk of the District Court of said County he : b certify that the above and foregoing is a true and correct copy of , A. N OL D original now of record in this office. WITNESS my hand and icial seal District Court of Washington County, Nebraska this day of — A.D. tg 7 CI :i of the District Court By Deputy agrees to and shall forthwith and CITY OF BLAIR, A MUNICIPAL CORPORATION BY successors, and assigns .i X terms of all Recorded General Numerical Photostat Proofed Scanned , 4?'&67( M. STANLEY JENSEN, AVA =1-7 -a:c.e..4.-- K. ROS RMAN FILED MAR 6 1987 COUNTY COURT \WASHINGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) Condemner. ) Case No. f6�� Doc. 0=, Page 4 79 4 / vs. ) PETITION TO CONDEMN PROPERTY ) Arnold K. Rosterman, ) ) Condemnee. ) Comes now the City of Blair, a municipal corporation, and alleges and states that: 1. The City of Blair is, and at all times relevant has been a municipal corporation of the first class existing under and by virtue of the Constitution and laws of the State of Nebraska, and authorized and empowered by law to exercise the right of eminent domain in the manner and to the extent provided by law. 2. The City of Blair has duly determined the necessity of acquiring certain interests in land for public use as a street and it is necessary the City of Blair obtain a fee simple title for such purpose to the following described real estate, to -wit: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33, Original Townsite of Blair, and assuming the East line of Block 33 to bear due North and South; thence North to the Southerly R.O.W. of the C &NW Railroad; thence Southeasterly along said Railroad R.O.W. to the East line of Tax Lot 106; thence Southerly along said East line to intersect the North line of Block 33 projected East; thence Westerly along said projected line to the point of beginning. 3. That the real estate selected for said street and right of way is currently and for more than twenty -five (25) years last past has been used as a street and public thoroughfare. It That the said Arnold K. Rosterman is the owner in fee simple of said real estate. 5. The City of Blair has negotiated in good faith with the condemnee for the acquisition of the properties sought to be condemned herein. Said negotiations have failed, and the City of Blair and the condemnee are unable to agree as to the compensation, if any, to be paid to the condemnee. Condemnation proceedings under the power of eminent domain are mandatory in order to acquire the property herein sought to be condemned for said public purposes. WHEREFORE, your petitioner prays that: 1. Within three (3) days from the filing of this petition, the County Judge of Washington County, Nebraska, by order entered of record, appoint three disinterested freeholders of the county, not interested in a like questions, to serve as appraisers of which one shall be a licensed real estate appraiser. 2. An order be entered directing the sheriff to summon the appraisers so selected to convene at the office of the County Judge at a time therein specified for the purpose of qualifying as appraisers, and, thereafter, to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnees. 3. Notice of intention to acquire the property, and of the time and place of the meeting of the Board of Appraisers to have the damages assessed shall be served upon the condemnee at least ten (10) days prior to the meeting of the Board of Appraisers. 4. Upon the filing of the report of said appraisers in writing with the County Judge assessing the damages, if any, that the condemnee has sustained or will sustain by the appropriation of said property to the use of the condemnor, upon deposit of the condemnation award with the County Judge, and upon evidence by the condemner that it is ready to devote the property to a public use, a writ of assistance be issued to place the condemner in possession of each property condemned. 5. The County Judge prepare and certify, under seal of his office, a true copy of said condemnation award, and transmit the same to the appropriate Register of Deeds or County Clerk in accordance with law. 6. All further proceedings authorized and required by law and necessary and proper to be done in the premises may be had. FILED :JAN 3z 1 COUNTY COURT WASH INCTO CITY OF BLAIR, A MUNICIPAL MNER (> B ) WYMAN E NELSON 1645 FRONT STREET BLAIR, NEBRASKA 68008 402 -426 -5123 CITY ATTORNEY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) Condemner. ) Case No . W4 Doc . ©21 Page4/F vs. ) NOTICE TO CONDEMNEE ) Arnold K. Rosterman, ) ) Condemnee. ) TO: Arnold K. Rosterman You are herby notified that the City of Blair, a Municipal Corporation, intends to acquire by condemnation certain private property and lands described and set forth in the petition filed by the City of Blair, in the above entitled proceedings; that said private property and lands are situated within the limits of the City of Blair, Nebraska, and are described as follows: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33, Original Townsite of Blair, and assuming the East line of Block 33 to bear due North and South; thence North to the Southerly R.O.W. of the C &NW Railroad; thence Southeasterly along said Railroad R.O.W. to the East line of Tax Lot 106; thence Southerly along said East line to intersect the North line of Block 33 projected East; thence Westerly along said projected line to the point of beginning. You are further notified that the City of Blair filed the above entitled proceedings praying for the appointment of appraisers to appraise and ascertain damages to be paid for the property taken and that the undersigned were duly appointed by the County Court of Washington County, Nebraska, and have 1:30 o'clock P .M., at which time we will hear any party interested in said pr- operty, or any part thereof, in reference to the amount of damages. Dated at Blair, Nebraska, this 3 day of , 1985. r qualified as appraisers herein. You are further notified that on the 15th day of February , 1985, the undersigned appraisers will carefully inspect and view the property involved herein commencing at CITY OF BLAIR, NEBRASKA BY' WYMAN NELSON 1645 FRONT STREET BLAIR, NEBRASKA 68008 ITS ATTORNEY V "` a ;SAN 2 1 1G ` ' , L ,aTY COURT City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No. 1088 Doc. 2 6 Page 494 January Nile K. Johnson IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA Alfred 0. Sick and ) vs. ) ORDER APPOINTING APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) This matter came on for hearing on this 31st day of , 1985, on the duly verified petition of City of Blair, Nebraska, and the Court having read the petition and being fully advised in the premises finds that the allegations contained therein are true. It is Therefore Adjudged and Ordered, as follows: 1. Having determined that Alfred 0. Sick Patrick Mallette are three disinterested freeholders of Washington County, Nebraska, and are not interested in a like question, the said Nile K. Johnson , a n d Patrick Mallette , are hereby appointed appraisers to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. 2. That the Sheriff of Washington County, Nebraska, be and hereby is directed to summon the aforesaid appraisers to convene at the County Courtroom of Washington County, Nebraska, in the Washington County Courthouse on the 15th day of February , 1985, at 1:30 o'clock P.M., for the purpose of qualifying as appraisers, and thereafter to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. 3. That the duly appointed and qualified appraisers shall give notice to the condemnee of the condemner's intention to acquire the property described in condemner's petition, and also notice of the time and place of the meeting of the Board of Appraisers to have the damages assessed as required by law, which notice shall be served upon the condemnee at least ten days prior to such meeting of the Board of Appraisers. 4. That all persons claiming any interest in, right to, or lien upon, any of said real property shall have notice of this proceeding in the manner provided by law, and that their rights, interest and estate shall be found and forever determined and concluded thereby. 5. That said duly appointed and qualified appraisers shall carefully inspect and view the real estate described in condemner's petition, and also any other property of the condemnee which may be damaged by the taking of such real estate; that said appraisers shall hear any party interested in said real estate in reference to the amount of damages when they are so inspecting and viewing said property. 6. That after the inspection, view and hearing provided by law have been completed, the said appraisers shall assess any damages which the condemnee has sustained, or will sustain, by the appropriation of the property to the use of the condemner and they shall make and file a report thereof in writing with the Washington County Judge. JAN 3 I. WASHINCT a 4 CC`INTY BY THE COURT: COUNTY JUD ASSOCIATE COUNTY JUDGE IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No.1088 Doc.26 Page494 ) vs. ) SUMMONS FOR APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) TO: William Gutschow, Sheriff of Washington County, Nebraska, Greeting: You are hereby directed to summon Patrick Mallette Nile Johnson and Alfred 0. Sick , who have been appointed appraisers in the above entitled matter, to convene in the office of the County Judge of Washington County, Nebraska, in the Washington County Courthouse, Blair, Nebraska, on the P.M., for the purpose of qualifying as appraisers in said matter, and thereafter to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. You will make return of this summons by the 4th day of February , 1985. Dated at Blair, Nebraska, this 31st day of January , 1985. r COURT VVR -ilr; 'O:J COUNTY 15th day o f February , 1985, at 1:30 o'clock • ASSOCIATE COUNTY JUDGE CC IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal Corporation, vs. Condemner. Arnold K. Rosterman, Condemnee. ) -) Case No. /DAY Doc.24.0 Page 1 91/ ) NOTICE TO CONDEMNEE ) ) .) ) TO: Arnold K. Rosterman You are herby notified that the City of Blair, a Municipal Corporation, intends to acquire by condemnation certain private property and lands described and set forth in the petition filed by the City of Blair, in the above entitled proceedings; that said private property and lands are situated within the limits of the City of Blair, Nebraska, and are described as follows: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33, Original Townsite of Blair, and assuming the East line of Block 33 to bear due North and South; thence North to the Southerly R.O.W. of the C &NW Railroad; thence Southeasterly along said Railroad R.O.W. to the East line pf Tax Lot 106; thence Southerly along said East lin'elto intersect the North line of Block 33 pro jec1ed East; thence Westerly along said projected line to the point of beginning. You are further notified that the City of Blair the above entitled proceedings praying for the appointment of appraisers to appraise and ascertain damages to be paid for the property taken and that the undersigned were duly appointed by the County Court of Washington County, Nebraska, and have FEB i9B.; COUNTY COURT ':!NC E ON COUNTY filed 1:30 qualified as appraisers herein. You are further notified that on the 15th day of February , 1985, the undersigned appraisers will carefully inspect and view the property involved herein commencing at o'clock P.M., at which time we :will hear any party interested in said property, or any part thereof, in reference to the amount of damages. Dated at Blair, Nebraska, this � day of 1 - (.d,vve'1 , 1985. JAN 3 LY ,T"' OURT COUNTY CITY (OF BLAIR, NEBRASKA BY WYMAN . NELSON 16 FR NT STREET BLAIR, NEBRASKA 68008 ITS ATTORNEY \t IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No.1088 Doc.26 Page494 ) vs. ) SUMMONS FOR APPRAISERS Arnold K. Rosterman, ) ) Condemnee. ) TO: William Gutsehow, Sheriff of Washington County, Nebraska, Greeting: You are hereby directed to summon Patrick Mallette Nile Johnson and Alfred 0. Sick , who have been appointed appraisers in the above entitled matter, to convene in the office of the County Judge of Washington County, Nebraska, in the Washington County Courthouse, Blair, Nebraska, on the 15t day of February P.M., for the purpose of qualifying as appraisers in said matter, and thereafter to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. You will make return of this summons by the 4th day of February , 1985. Dated at Blair, Nebraska, this '31st day of January , 1985. L - JTN3L_ C L1 n OURT WAS;iU'C C.aCCATY , 1985, at 1:30 o'clock it AS � I FEB `, 9 — clJ i.1eS'a WAS HLNG 3 ON COUNT City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No .1088 Doc . 26 Page 494 ) vs. ) SUMMONS FOR APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA TO: William Gutschow, Sheriff of Washington County, Nebras Greeting: FILE r fli URT VJA�H 0. It',. J CV 4N I i You are hereby directed to summon Patrick Mallette Nile Johnson been appointed appraisers in the above entitled matter, to convene in the office of the County Judge of Washington County, Nebraska, in the Washington County Courthouse, Blair Nebraska, on the 15th day of February , 1985, at 1:30 P.M., for the purpose of qualifying as appraisers in said matter, and thereafter to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. You will make return of this summons by the 4th day of February , 1985. Dated at Blair, Nebraska, this '31st day of January , 1985. and Alfred 0. Sick , who have - Jt = LC._. 11 p FE R o'clock COUNTY COUE(T WASHINGTON! COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No.1088 Doc . 26 Page 494 ) vs. ) SUMMONS FOR APPRAISERS Arnold K. Rosterman, ) ) Condemnee. ) TO: William Gutsehow, Sheriff of Washington County, Nebraska, Greeting: r __. JAN 3 C " L tT" :CURT sIf, .= ' J CC::NTY You are hereby directed to summon Patrick Mallette Nile Johnson and Alfred 0. Sick who have been appointed appraisers in the above entitled matter, to convene in the office of the County Judge of Washington County, Nebraska, in the Washington County Courthouse, Blair, Nebraska, on the 15th day of February , 1985, at 1:30 o'clock P.M., for the purpose of qualifying as appraisers in said matter, and thereafter to proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. You will make return of this summons by the 4th day of February , 1985. Dated at Blair, Nebraska, this '31st day of January , 1985. u6-6i -1 i J / • c1 nJE9j'v- !gn n; COUNTY Y COUNT WASHINGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, a Municipal Corporation, ARNOLD K. ROSTERMAN, hearing. vs. Condemner, Condemnee. Case No. 1088 Doc. 26 Page 494 APPEARANCE AND MOTION FOR CONTINUANCE Comes now John R. O'Hanlon and enters his appearance as attorney for Arnold K. Rosterman, Condemnee. The undersigned further moves for a continuance of the meeting of appraisers .in. ..this matter now scheduled for the 15th day of February, 1985, at 1:30 o'clock, P.M. In support of said motion, condemnee respectfully shows as follows: 1. Condemnee has been served with notice of the time and place of said meeting pursuant to 76 -706 R.R.S. Nebraska 1943. 2. The undersigned is unable to be present at the time stated in said notice for the reason that he is required to be in Lincoln, Nebraska, on said date to attend a required seminar for continuing education for abstracters. 3. That Condemnee is entitled as a matter of law to be heard at the time of the meeting of appraisers, pursuant to 76 -709 R.R.S. Nebraska 1943. 4. That Condemnee is entitled to be represented by counsel at said 5. That to proceed with this matter would deny Condemnee due process of law and would be contrary to the Statutes of the State of Nebraska and to law. O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 continued. WHEREFORE, Condemnee prays that this motion be granted and the matter ARNOLD K. ROSTERMAN, COND CERTIFICATE OF MAILING R. Y HAN ON,' S , TORNEY #13124 HANLON LAW OF ICES 227 South 16th Street Blair, NE 68008 (402) 426 -9666 I, John R. O'Hanlon, do hereby certify that a true and accurate copy of the foregoing Appearance and Motion was hand delivered to Wyman Nelson at 1645 Front Street, Blair, Nebraska, on February 14, 1985. FEB i 4 1985 COUNTY COURT WASHINGTON COUNTY O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) Condemner. ) Case No: /QfP Docc,26 Page 1 ) vs. ) OATH OF APPRAISERS ) Arnold K. Rosterman, ) Condemnee. ) The undersigned, being the appraisers appointed by F. A. Gossett, III, County Judge of Washington County, Nebraska, to appraise the real estate sought to be acquired by the condemner in the above entitled matter, being first duly sworn, do hereby jointly and severally swear that they will support the Constitutions of the United States and of the State of Nebraska, and will faithfully and impartially discharge their duties as required by law. Akelat A. praiser Agra( ser ✓ App rai f e Subscribed and sworn to before me this 1985. FILE FEB day of COUNTY COURT MSHlNGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) Condemner. ) Case No4/0 Doc. Pagel. 9 ) vs. ) OATH OF APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) The undersigned, being the appraisers appointed by F. A. Gossett, III, County Judge of Washington County, Nebraska, to appraise the real estate sought to be acquired by the condemner in the above entitled matter, being first duly sworn, do hereby jointly and severally swear that they will support the Constitutions of the United States and of the State of Nebraska, and will faithfully and impartially discharge their duties as required by law. C / � d eir pprai A isert Apprai Subscribed and sworn to before 1985. me z this / day of ' Y CO `U i C:GI�i�I s ! ttASHING;'ON CO UN! TY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No. Doc. Page ) vs. ) REPORT OF APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) Now on this day of February , 1985, the undersigned, being the duly appointed, qualified, and acting appraisers in the above entitled matter, do hereby make and file this report, showing unto the Court: 1. The undersigned were duly appointed appraisers in the above entitled matter by "Order Appointing Appraisers" dated February 15, 1985. 2. Before entering upon the duties as appraisers in the above entitled matter, the undersigned duly took and subscribed on oath to support the Constitution of the United States and of the State of Nebraska and to faithfully and impartially discharge their duties as required by law. 3. The undersigned appraisers carefully inspected and viewed the real estate hereinafter specified sought to be taken and also any other property of the Condemnee damaged thereby and heard all parties interested therein to the amount of damages while so inspecting and viewing the property. Those appearing were: Arnold Rosterman and John O'Hanlon, his attorney, Wyman Nelson, City Attorney and Doug Bullock, City Administrator 4. The amount of damages that will be sustained bythe owner of the said real estate by reason of the taking thereof by the condemner for right of way purposes is as hereinafter found and assessed. 5. The amount of damages that will be sustained by the mortgagee of the said real estate by reason of the taking thereof by the condemner for right of way purposes is as hereinafter found and assessed. NOW, THEREFORE, the undersigned appraisers do hereby find and assess the damages that will be suffered by reason of the taking of the real estate for right of way purposes by the condemner as follows: Arnold K. Rosterm p, 1228 Washington, Blair, Nebraska 68008. Apprai er F cj J COUNTY COURT WASHINGTON COUNTY d r7/4 jer The Honorable F. A. Gossett III Washington County Court Blair, NE 68008 Sir: F 1 FEB 25 1985 COUNTY COURT WASHINGTON COUNTY February 22, 1985 RE: Report of Appraisers As requested in the Summons for Appraisers, Case No. Doc. No. , Page , we have appraised the property legally described as: The East Forty (40) feet of Tax Lot One Hundred (106), Section Twelve. (12), Township Eighteen (18) North, Range Eleven (11), East of the 6th P.M., in the City of Blair, Washington County, Nebraska, containing 0.14 acres, more or less. As a result of this appraisal, we are of the opinion that the market value of the fee simple title of the subject property and the damage sustained by the condemnee, as of February 18, 1985, is TWo Hundred and Fifty ($250.00) Dollars We further state that this appraisal figure is based on the fact that the City of Blair will pay any costs of moving the electrical utility poles and electrical service, if there is any charge for said movement. It is further based on the fact that there shall be two (2) accesses to the Rostennan Trailer Park, with necessary and adequate drainage provided by the City of Blair We hereby certify that we have no financial interest in the subject property, that our employment and fee was not contingent upon the value found, and that to the best of our knowledge, the statements contained herein are correct. Feb. 25, 1985 - Copies mailed by the Court to: John R. O'Hanlon, Atty. Wyman E. Nelson, Atty. `; su. ' Sub r1atted, EFL( Pat Mallette ) Alfre00. Nile Johnson ,/ NILE K. JOHNSON • CLARENCE E. MOCK • ATTORNEY AT LAW • SUITE 101 • 1904 SOUTH ST. • BLAIR, NEBRASKA 68008 • TEL. (4021 426 -9626 IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA City of Blair, a Municipal ) Corporation, ) ) Condemner. ) Case No.10g8 Doc. 26 Page 494 ) vs. ) ORDER FIXING FEE OF APPRAISERS ) Arnold K. Rosterman, ) ) Condemnee. ) It is hereby ordered that the fee of the appraisers heretofore appointed in the above entitled matter, to -wit: Alfred 0. Sick Pat Mallette and appraiser. The total amount of the appraisers fees is hereby taxed as a part of the costs in the above matter and the condemner is ordered to pay the same into the Court. Nile Johnson Dated this 24 day of F E B 2 ! 9 T ti`'.r4 :� iii 1 ; COURT WASHINGTON iN COUNTY , be fixed at the sum of $ ?D , 1985. for each IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, a Municipal Corporation, Condemner, vs. ARNOLD K. ROSTERMAN, Condemnee. ) Case No. 1088 Doc. 26 Page 494 ) ) ) ) NOTICE OF APPEAL ) ) ) ) ) TO: CITY OF BLAIR, A MUNICIPAL CORPORATION, AND THE HONORABLE F. A. GOSSETT, III, COUNTY JUDGE, WASHINGTON COUNTY, NEBRASKA. You are hereby notified that Arnold K. Rosterman, Condemnee in the above - entitled action, intends to appeal to the District Court of Washington County, Nebraska from the allowance as shown on the Report of Appraisers filed on Febru- ary 25, 1985 in the amount of $250.00 as damages sustained by said Condemnee as a result of the taking by Condemner of the following described real estate, to -wit: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11, East of the 6th P. M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33, Original Townsite of Blair, and assuming the East line of Block 33 to bear due North and South; thence North to the Southerly R.O.W. of the C &NW Railroad; thence Southeasterly along said Railroad R.O.W. to the East line of Tax Lot 106; thence Southerly along said East line to intersect the North line of Block 33 projected East; thence Westerly along said projected line to the point of beginning, and also described on the Report of Appraisers as: The East Forty (40) feet of Tax Lot One Hundred Six (106), Section Twelve (12), Township Eighteen (18) North, Range Eleven (11), East of the 6th P. M., in the City of Blair, Washington County, Nebraska, containing 0.14 acres, more or less. The Condemnee intends to appeal from said allowances by the reason that the damages, as allowed, are insufficient. Other issues to be raised O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 - 0428 (402) 426 -9666 by Ole Condemnee on appeal include but are not limited to the failure of the Condemner to negotiate in good faith with the Condemnee prior to the filing of the petition to condemn property as required by statute; the discrepancy in the legal descriptions of the property to be acquired by Condemner as shown hereinabove and, therefore, the failure to describe said property to be taken with adequate certainty; the failure of the Condemner to produce plans and specifications for the work of improvements to be constructed on the real estate to be taken so that the appraisers had insufficient data with which to assess damages to other real estate owned by Condemnee and other irregularities in the proceedings. Bond for appeal to the District Court of said county is being filed with this Notice of Appeal as required by 76 -716 R.R.S. Neb., 1943, as amended. Dated this 26th day of March, 1985. FILED MAR 2 61985 ARNOLD K. ROSTERMAN, Condemn CERTIFICATE OF MAILING r hn R. O n, His Attorney 27 South 16th Street Blair, NE 68008 (402) 426 -9666 Attorney #13124 I, John R. O'Hanlon, do hereby certify that I mailed a true and accurate copy of the foregoing Notice of Appeal to City of Blair, a Municipal Corporation, c/o Verna Bull, City Clerk, City Hall, 218 South 16th Street, Blair, NE 68008, Wyman E. Nelson, Its Attorney, 1645 Front Street, Blair, NE 68008, Douglas E. Bullock, City Administrator, 218 South 16th Street, Blair, NE 68008, and M. Stanley Jensen, Mayor of the City of Blair, 218 South 16th Street, Blair, NE 68008, by regular United States Mail, postage prepaid, on March 26th, 1985. COUNTY �(��CO`U}R� COURT WASHING� y OW'I�.le NI LTAiN O °ICES, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 STATE OF NEBRASKA ) WASHINGTON COUNTY ) IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, a Municipal Corporation, Condemner, vs. ARNOLD K. ROSTERMAN, Condemnee. :SS John R. O'Hanlon, being first duly sworn on oath, deposes and says that he is the attorney for Arnold K. Rosterman, the Condemnee in the above - captioned matter, and that on March 26, 1985 he mailed a true and exact copy of the Notice of Appeal in this proceeding to the following parties addressed as shown opposite each name: City of Blair, a Municipal Corp ®ration, c/o Verna Bull, City Clerk Douglas E. Bullock, City Administrator M. Stanley Jensen, Mayor of the City of Blair Case No. 1088 Doc. 26 AFFIDAVIT City Hall, 218 South 16th Street Blair, NE 68008 City Hall 218 South 16th Street Blair, NE 68008 City Hall 218 South 16th Street Blair, NE 68008 Wyman E. Nelson, Attorney for. 1645 Front Street City of Blair. Blair, NE 68008 Page 494 that each communication was properly stamped with sufficient postage and deposited in the post office or some subdivision of the postal department where mail may properly and legally be deposited for collection and transmission; further your O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 affiant states that such party and their attorney, after diligent investigation and inquiry, were unable to ascertain and do not know the post office address of any other party appearing to have a direct legal interest in the above - entitled action or proceeding other than those to whom notice has been mailed in writing. cif \G`/4ftN Sf ko - Rne °t 5 lily .. FILED M AR 2 6 1985 COUNTY COURT WASHINGTON COUNTY Subscribed and sworn to before me this 26th day of March, 1985. otary Public O'HANLON LAW OFFICES, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 - 0428 (402) 426 - 9666 IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, a Municipal Corporation, Condemner, vs. ARNOLD K. ROSTERMAN, Condemnee. KNOW ALL MEN BY Y'HESE PRESENTS: Case No. 1088 Doc. 26 Page 494 BOND FOR APPEAL TO THE DISTRICT COURT WHEREAS, Pat Mallette, Alfred 0. Sick, and Nile K. Johnson were appointed by the County Judge , in and for Washington County, Nebraska, to assess damages which Arnold K. Rosterman, Condemnee, has sustained by reason of the appropriation of his land described as: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11, East of the 6th P. M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33, Original Townsite of Blair, and assuming the East line of Block 33 to bear due North and South; thence North to the Southerly R.O.W. of the C &NW Railroad; thence Southeasterly along said Railroad R.O.W. to the East line of Tax Lot 106; thence Southerly along said East line to intersect the North line of Block 33 projected East; thence Westerly along said projected line to the point of beginning, and also described on the Report of Appraisers as: The East Forty (40) feet of Tax Lot One Hundred Six (106), Section Twelve (12), Township Eighteen (18) North, Range Eleven (11), East of the 6th P. M., in the City of Blair, Washington County, Nebraska, containing 0.14 acres, more or less, by the City of Blair, a Municipal Corporation; that on the 25th day of February, 1985, they made said assessment and did fix the amount of such damage as the sum of $250.00 and did file a report with the Honorable F. A. Gossett, III, O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 County Judge of said County; and WHEREAS Arnold K. Rosterman, Condemnee, is desirous of appealing from the Order of said Appraisers to the District Court of said County. NOW, THEREFORE, we, Arnold K. Rosterman, Condemnee, as principal, and David C. O as surety, do hereby undertake unto F. A. Gossett, III, County Judge of Washington County, Nebraska, that the said Arnold K. Rosterman, Condemnee, shall prosecute such appeal to effect without unnecessary delay and if judgment be adjudged against him on said appeal, he shall satisfy whatever judgment be rendered against him. IN WITNESS WHEREOF, we have hereunto set our hands this 26th day of March, 1985. FILED MAR 2 6 1985 COUNT? COURT WASHINGTON COUNTY The foregoing bond and surety thereon are approved by me this 26th day of March, 1985. ARNOLD K. ROSTERMAN, PRINCIPAL COUNTY JUDGE O'HANLON LAW OFFICES, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 -0428 (402) 426 -9666 IN THE DISTRICT COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, A MUNICIPAL ) CORPORATION, ) ) CONDEMNER, ) CASE NO. 9400 DOC. CC PAGE 160 ) vs. ) SETTLEMENT AGREEMENT ) ARNOLD K. .ROSTERMAN, ) ) CONDEMNEE. ) The Defendant /Condemnee, Arnold K. Rosterman, hereinafter referred to as "Rosterman" and the Plaintiff /Condemner, City of Blair, hereinafter referred to as "Blair ", hereby agree and stipulate as follows: WHEREAS, Blair brought a condemnation action on the following described real estate to -wit: Part of Tax' Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County,. Nebraska, n, C../D Beginning at the Northeast corner of Block 33 u s CZ 'q Orignal Townsite of Blair, and assuming the East.. - N line of Block 33 to bear due North and Southrcx _j" cry thence North to the Southerly R.O.W. of the C &Nines Ia c '� Railroad; thence Southeasterly along saic `ii Railroad R.O.W. to the East line of Tax Lot 106 thence Southerly along said East line tom _` o intersect the North line of Block 33 projected — ` East; thence Westerly along said projected line to the point of beginning, and the Court appointed appraisers returned a damage determination and award of $250.00; and, WHEREAS, Rosterman subsequent to the award of the appraisers filed an appeal of such award; and, WHEREAS, the parties hereto anticipate that considerable sums will be necessarily expended in aaditonai 1 discovery, depositions,. and costs and fees associated wit a MAR 6 1987 . COUNTY COURT WASHINGTON COUNTY trial on the merits of this action; and, WHEREAS, both parties hereto desire to avoid further litigation and the expenditure of funds with continued litigation; and, WHEREAS, both parties desire and wish to resolve the issues raised by both parties in consideration of mutual benefits to be derived both parties hereto and additional considerations as set forth herein. IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. That Rosterman shall accept and both parties hereby authorize payment to Rosterman of the sum of $250.00 representing the appraisers award by the County Court of the sums previously paid to the County Court of Washington County, Nebraska, by Blair. 2. That Rosterman shall be allowed to leave the existing trailer located on Lot space No. 1 as designated by Rosterman in his mobile home court. Such mobile home shall be allowed to remain on such space including the partial encroachment on to the City right of way, both as existed prior to the condemnation and subsequent to the condemnation which formed the basis of the above captioned matter. Such mobile home shall be allowed to remain in its present location and including the encroachment upon Blair's right of way for a period of five (5) years, until it is destroyed to the extent of 50% or more, until Rosterman's death, or until a sale of Rosterman's Mobile Home Court by Rosterman, whichever of the events occurs earlier. 3. Rosterman hereby agrees to save harmless and indemnify Blair from any and all claims, causes of action, damages, suits, or any other liabilities of any nature or kind which may arise or which may result from and may be brought by either Rosterman, any of his guests, invitees, lessees, or any other third persons, parties, or entities of any nature or kind as a result of the location of said mobile home partially upon Blair's right of way for the period \:Thich it shall remain as set forth hereinabove. In addition Rosterman hereby waives, discharges, and - releases Blair from any and all damages, causes of action, claims, suits, or any other liabilities of any nature or kind for. damages which may be sustained by him, known or unknown, and anticipated or unanticipated as a result of Mr. Rosterman's right of way. 4. Blair further hereby agrees and covenants not to retaining said mobile home partially upon Blair's sue Rosterman or in any other way make claim or bring a cause of action against him for rents which may be due to the City and which have been collected by Rosterman from any trailer spaces or mobile home parking lots which have been located either partially or wholly upon Blair's right of and which have accrued prior to the date hereof. In addition, Blair agrees that no rental shall accrue to it or be due to Blair as a result of the mobile home remaining partially on municipal right of way on the lot as set forth hereinabove. 5. This stipulation and agreement shall not constitute an admission of liability, a confession of judgment, or a confession of any of the issues brought by either party herein, but shall be deemed to be a compromise settlement between the parties solely and strictly for the purpose of avoiding continued litigation and the costs associated therewith. 6. Rosterman agrees to and shall forthwith and simultaneously upon the execution of this agreement execute a dismissal of the appeal captioned hereinabove and such dismissal shall be with prejudice. Rosterman hereby waives, releases, and discharges Blair from any and all other liabilities, damages, or remedies of every nature or kind which Rosterman may allege claim to have as a result of said condemnation. 7. Each party hereto shall pay their own costs and any fees in connection with the above captioned appeal and the original condemnation. 8. This settlement agreement constitutes the full and complete agreement by and between the parties and no other terms or conditions other than those set forth herein to by and between the parties. 9. This settlement agreement shall be have been agreed binding upon the heirs, personal representatives, successors, and assigns of parties hereto. STATE OF NEBRASKA) WASHINGTON COUNTY) ss. I JEAN BLATTER, Clerk of the District Court of said County her4by certify that the above and foregoing is a true and correct copy or 1iR N OL D original now of record in this office. WITNESS my hand and ficial seahe District Court of Washington County, Nebraska thi ( � day of 1 A.D. 19 .e„.J �J�u'AA Clerk of the District Court By Deputy CITY OF BLAIR, A MUNICIPAL CORPORATION BY or all M. S ANLEY JENSEN MAR 6 1987 COUNTY COURT WASHINGTON COUNTY DATED this LJ +k day of March, 1987. Page 1 of 2 Pages IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, A MUNICIPAL ) CASE NO. 1088 DOC. 26 PAGE. 494 CORPORATION, ) CONDEMNER, ) vs. ) APPLICATION FOR RELEASE OF BOND, ) PRINCIPAL AND SURETY ARNOLD K. ROSTERMAN, ) CONDEMNEE. ) COMES NOW Arnold K. Rosterman, the Condemnee herein, and hereby moves this Court for an Order releasing your said Condemnee as principal and David C. O'Hanlon as surety regarding the bond, principal and surety previously approved by this Court on March 26th of 1985. IN SUPPORT THEREOF, your Condemnee would show this Court that this dispute and litigation has been settled and that the Condemnee has dismissed his appeal. WHEREFORE, Arnold K. Rosterman, the Condemnee herein, prays this Court for an Order releasing your said Condemnee as principal and David C. O'Hanlon as surety regarding the bond, principal and surety previously approved by the Court on March 26th of 1985. ARNOLD K. ROSTERMAN, Condemnee, By: De #1 E. Koley, #12289 A orney for Condemnee P. Box 130 lington, Nebraska 68002 (402) 478 -5111 COUNTY OUR WASHINGTON COUNTY CERTIFICATE OF SERVICE I, the undersigned, to hereby certify that a true and correct copy of the above and foregoing APPLICATION FOR RELEASE OF PRINCIPAL INSURETY was deposited in the United States First Class Mail, postage prepaid, on the 4k day of March, 1987, addressed to the following, to wit: Mr. Wyman Nelson Attorney at Law 1645 Front Street Blair, Nebraska 68008 Page 2 of 2 Pages Dennis � 'E °" Koley MAR 198 7 J 7:JUi' $ 7 COURT WASHINGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, A MUNICIPAL ) CASE NO. 1088 DOC. 26 PAGE. 494 CORPORATION, ) CONDEMNER, ) vs. ) ARNOLD K. ROSTERMAN, ) CONDEMNEE. ) This matter comes before the Court on the APPLICATION FOR RELEASE OF BOND, PRINCIPAL AND SURETY by Condemnee herein regarding an appeal bond previously approved by this Court on the 26th day of March, 1985. The Court being advised in the premises finds generally in favor of said APPLICATION and hereby terminates said bond as well as releases the said Arnold K. Rosterman, Condemnee, as principal and David C. O'Hanlon as surety thereunder. DATED this Cp day of March, 1987. Prepared and Submitted By: De ` is Koley, #12289 At orney for Condemnee P. . Box 130 Arlington, Nebraska 68002 (402) 478 -5111 ORDER RELEASING BOND, PRINCIPAL AND SURETY BY THE COURT: FILED MAR 6 1987 COUNTY COURT WASHINGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, A MUNICIPAL ) CASE NO. 1088 DOC. 26 PAGE. 494 CORPORATION, ) CONDEMNER, ) vs. ) DISMISSAL BY CONDEMNEE ARNOLD K. ROSTERMAN, ) CONDEMNEE. ) COMES NOW the Condemnee herein, pursuant to paragraph number 6 of the SETTLEMENT AGREEMENT of the parties herein, and hereby dismisses this action /appeal with prejudice and at Condemnee's costs (regarding the Court costs for the Appeal only). DATED this 25th day of February, 1987. CERTIFICATE OF SERVICE I, the undersigned attorney, do hereby certify that a true and correct copy of the above and foregoing DISMISSAL BY CONDEMNEE was deposited in the United States First Class Mail, postage prepaid, on the day of February, 1987, to the below- listed party: Mr. Wyman E. Nelson 1645 Front Street Blair, Nebraska 68008 ARNOLD K. ROSTERMAN, Condemnee, By: Denni .( Koley, #12289 Att ey for Condemnee P.OI Box 130 Ar] ngton, Nebraska 68002 (402) 478 -5111 Dennt E. Koley FILED MAR 2 1987 COUNTY COURT j WASHINGTON COUNTY 90Z 90Z, ,w - ,r1 IN THE DISTRICT COURT OF WASHINGTON COUNTY, NEBRASKA CITY OF BLAIR, A MUNICIPAL ) CORPORATION, ) ) CONDEMNER, ) CASE NO. 9400 DOC. CC PAGE 160 ) vs. ) SETTLEMENT AGREEMENT ) ARNOLD K. ROSTERMAN, ) ) CONDEMNEE. ) The Defendant /Condemnee, Arnold K. Rosterman, hereinafter referred to as " Rosterman" and the Plaintiff /Condemner, City of Blair, hereinafter referred to as "Blair ", hereby agree and stipulate as follows: WHEREAS, Blair brought a condemnation action on the following described real estate to -wit: Part of Tax Lot 106 in the NE1 /4 SW1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Beginning at the Northeast corner of Block 33 Orignal Townsite of Blair, and assuming the East# 5 line of Block 33 to bear due North and South;c thence North to the Southerly R.O.W. of the C &Nb Railroad; thence Southeasterly along saidg _t om Railroad R.O.W. to the East line of Tax Lot 106; thence Southerly along said East line to! intersect the North line of Block 33 projected rrs East; thence Westerly along said projected line to the point of beginning, and the Court appointed appraisers returned a damage determination and award of $250.00; and, WHEREAS, Rosterman subsequent to the award of the appraisers filed an appeal of such award; and, WHEREAS, the parties hereto anticipate that considerable sums will be necessarily expended in additonal discovery, depositions, and costs and fees associated with a tin 0 CD trial on the merits of this action; and, WHEREAS, both parties hereto desire to avoid further litigation and the expenditure of funds with continued litigation; and, WHEREAS, both parties desire and wish to resolve the issues raised by both parties in consideration of mutual benefits to be derived both parties hereto and additional considerations as set forth herein. IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. That Rosterman shall accept and both parties hereby authorize payment to Rosterman of the sum of $250.00 representing the appraisers award by the County Court of the sums previously paid to the County Court of Washington County, Nebraska, by Blair. 2. That Rosterman shall be allowed to leave the existing trailer located on Lot space No. 1 as designated by Rosterman in his mobile home court. Such mobile home shall be allowed to remain on such space including the partial encroachment on to the City right of way, both as existed prior to the condemnation and subsequent to the condemnation which formed the basis of the above captioned matter. Such mobile home shall be allowed to remain in its present location and including the encroachment upon Blair's right of way for a period of five (5) years, until it is destroyed to the extent of 50% or more, until Rosterman's death, or until a sale of Rosterman's Mobile Home Court by Rosterman, whichever of the events occurs earlier. 3. Rosterman hereby agrees to save harmless and indemnify Blair from any and all claims, causes of action, damages, suits, or any other liabilities of any nature or kind which may arise or which may result from and may be brought by either Rosterman, any of his guests, invitees, lessees, or any other third persons, parties, or entities of any nature or kind as a result of the location of said mobile home partially upon Blair's right of way for the period which it shall remain as set forth hereinabove. In addition Rosterman hereby waives, discharges, and releases Blair from any and all damages, causes of action, claims, suits, or any other liabilities of any nature or kind for damages which may be sustained by him, known or unknown, and anticipated or unanticipated as a result of Mr. Rosterman's retaining said mobile home partially upon Blair's right of way. 4. Blair further hereby agrees and covenants not to sue Rosterman or in any other way make claim or bring a cause of action against him for rents which may be due to the City and which have been collected by Rosterman from any trailer spaces or mobile home parking lots which have been located either partially or wholly upon Blair's right of and which have accrued prior to the date hereof. In addition, Blair agrees that no rental shall accrue to it or be due to Blair as a result of the mobile home remaining partially on municipal right of way on the lot as set forth hereinabove. 5. This stipulation and agreement shall not constitute an admission of liability, a confession of judgment, or a confession of any of the issues brought by either party herein, but shall be deemed to be a compromise settlement between the parties solely and strictly for the purpose of avoiding continued litigation and the casts associated therewith. 6. Rosterman agrees to and shall forthwith and simultaneously upon the execution of this agreement execute a dismissal of the appeal captioned hereinabove and such dismissal shall be with prejudice. Rosterman hereby waives, releases, and discharges Blair from any and all other liabilities, damages, or remedies of every nature or kind which Rosterman may allege or claim to have as a result of said condemnation. 7. Each party hereto shall pay their own costs and any fees in connection with the above captioned appeal and the Original condemnation. 8. This settlement agreement constitutes the full and complete agreement by and between the parties and no other terms or conditions other than those set forth herein have been agreed to by and between the parties. 9. This settlement agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. CITY OF BLAIR, A MUNICIPAL CORPORATION BY M. STANLEY JENSENL /MAjO ARNOLD K . ! ROS; N \PPWE TREE EMC �1L \LLC, ��4TI ON 3EN (EE la :LA FOR 7A 1S 'AP70 IRD 3RA T 70, 0�) FOR CREEK STA ILIZ - 4TI ?AV]: ;, MATE SEWS FOR INTEN FO T IDA BONDS FOR E. HMI OF i. ' h ST B NOYE. ROSI MAN SAYS 0 3242 COUNCIL MEETING f s!. The Mayor and Council of the City of Blair, Nebraska, met in regular session in t Council Chambers of the City Hall on the 22nd day of January, 1985, at 7 :30 o'clock, P the following being present: Mayor Jensen ; - Councilmembers: Jenny, Kubie, Kuhr, Long, Reyzlik, Ryan and Vinton. City Administrator Bullock, City Attorney Nelson and City C Treasurer Bull. Notice of the meeting was given in advance thereof by publication in the Enterpri or the Pilot- Tribune as shown by the affidavit of publication filed in the City Clerk' office. Notice of this meeting was simultaneously given to the Mayor and all members the City Council and a copy of their acknowledgement of receipt of notice and the agen filed in the City Clerk's office. Availability of the agenda was communicated in the notice and in the notice to the Mayor and Council of this meeting. All proceedings he shown were taken while the convened meeting was open to the attendance of the public. Moved by Councilmember Reyzlik and seconded by Councilmember Ryan that the rules suspended and that the minutes of the January 8,, 1985 meeting be approved but not read meeting for the reason that the Mayor and City Council were furnished a written copy o minutes prior to the Council meeting. All Councilmembers present voting, Aye, Mayor J declared the motion carried. Mayor Jensen welcomed Senator and Mrs. Glenn Goodrich of the 20th Legislative Dis as visitors to the City Council Meeting. City Administrator Bullock reported that there were approximately 34 trees to be and asked the Council to approve the allocation of $6,000.00 from the Contingent Reser for tree and stump removal. Councilman Ryan moved to approve the allocation of $6:,.O tree and stump removal. Councilman Kuhr seconded the motion. Roll call showed all Co members present voted Aye. Voting Nay: None. Mayor Jensen declared the motion carrie City Administrator Bullock reported that more information and material is needed . alleged heavy equipment damage claim submitted by Benny Keeran. Councilman Jenny move postpone this item until the first City Council Meeting in February. Councilwoman Kub seconded the motion. Roll call showed all Councilmembers present voted Aye. Voting N Mayor Jensen declared the motion carried. City Administrator Buiiock reported that Papio Natural Resources District has awe the City of Blair $70,000.00 in funding assistance for grade stabilization and channel on Cauble Creek between 27th Street and College Drive. Councilman Kuhr introduced Res 1985 -1, a Resolution for a Special Project Operation and Maintenance Agreement between Natural Resources District and the City of Blair for work on Cauble Creek as stated ab Councilwoman Kubie moved to adopt Resolution No. 1985 -1 as read by the City Clerk. Co Ryan seconded the mtion. Roll call showed all Councilmembers present voted Aye. Voti Mayor Jensen declared Resolution No. 1985 -1 duly adopted. Councilman Ryan introduced Resolution No. 1985 -2, a Resolution of commitment for of improvements to include paving, water and sewer for the Ethanol Plant. Councilman to adopt Resolution No. 1985 -2 as read by the City Clerk. Councilman Jenny seconded t Roll call showed all Councilmembers present voted Aye. Voting Nay: None. Mayor Jense Resolution No. 1985 -2 duly adopted. ETWN )L PLANT Councilman Reyzlik introduced Resolution No. 1985 -3, a Resolution of intent to is Industrial Development Assistance Bonds in an amount not to exceed One Million Dollars financing for the purchase of land for an ethanol plant to be built by Circle Energies Councilman Reyzlik moved to adopt Resolution No. 1985 -3 as read by the City Clerk. Co Long seconded the motion. Roll call showed all Councilmembers present voted Aye. Vet None. Mayor Jensen declared Resolution No. 1985 -3 duly adopted. Councilman Reyzlik introduced Resolution No. 1985 -4, a Resolution to approve cant MAPA for the Administration of Housing Rehabilitation and Street Paving Projects in co with Blair's Community Development Block Grant. Councilman Kuhr moved to adopt Resolu 1985 -4 as read by the City Clerk. Councilman Ryan seconded the motion. Roll call sho Councilmembers present voted Aye. Voting Nay: None. Mayor Jensen declared Resolution duly adopted. 4APii OGRE 4ENT HOU"t'►1G/ STREET Pro j : its City Administrator Bullock reported that a Dedication of the east side of 12th St sTRE:r Washington Street to the Railroad Track had been received from Mr. and Mrs. Raymond No DED] .TION that the Dedication of the west side of 12th Street had not been received from Mr. Arr Rosterman. Mr. Rosterman was present to present a letter to the City Councilmembers a Jensen in which he stated in part "I feel waiting until the 11th hour before approachi the controlling decision on granting of land for this project treated me unfairly. I neighbors have waited some 12 years for a program designed to curb a super bad street Year after year federal aid money has been funneled into other City projects. Year of we have waited. NOW YOU CAN WAIT. My reply is NO to your request for free land." Councilman Jenny moved to accept the dedication received from Mr. and Mrs. Raymor Councilman Ryan seconded the motion_ Roll call showed all Councilmembers oresent vote 1 1 1 1 3243 Voting Nay: None. Mayor Jensen declared the motion carried. Councilman Ryan moved to proceed with condemnation of the 12th Street property, by A. K. Rosterman, which extends from Washington Street to the Railroad. Councilman Jenny seconded the motion. Roll call showed all Councilmembers voted Aye. Voting Na None. Mayor Jensen declared the motion carried. Councilman Jenny introduced Resolution No. 1985 -5, a Resolution to enter into an agreement with Blair Engineering Services on the Community Block Grant Paving Project Councilman Kuhr moved to adopt Resolution No. 1985 -5 as read by the City Clerk. Coun man Reyzlik seconded the motion. Roll call showed all Councilmembers present voted A Voting Nay: None. Mayor Jensen declared Resolution No. 1985 -5 duly adopted. Councilwoman Kubie moved to engage Blair Engineering to draw up plans and specif for paving the following streets eligible on the Community Development Block Grant. I North Target Area: 11th Street - State to Nebraska, Nebraska to Park and Park to Jack 12th Street - Washington to State, State to Nebraska, Nebraska to Park and Park to Ja 14th Street - Nebraska to Park and Park to Jackson. In the South Target Area: 12th S South to Colfax and Colfax to Grant. Councilman Ryan seconded the motion. Roll call all Councilmembers present voted Aye. Voting Nay: None. Mayor Jensen declared the a carried. Councilwoman Kubie moved to accept the resignation of Sergeant Steven R. Lundgre the Blair Police Department. Councilman Ryan seconded the motion. Roll call showed Councilmembers present voted Aye. Voting Nay: None. Mayor Jensen declared the motio carried. City Administrator Bullock reported that the Mayor and Councilmembers are invite the MAPA Offices on Thursday evening, January 24th at 6:30 for a tour and explanation of the Agency and its purpose. Also that the Eastern Nebraska Conference of Mayors to be held in Tekamah on February 13, 1985. Mayor Jensen read a letter of acceptance from Richard Veach for his appointment the Planning Commission and presented a Certificate of Appreciation received from the Safety Council which was made out to: Mayor M. Stanley Jensen and the City of Blair I Distinguished Service in the field of Blair's First Annual "Profit From Safety" Fair, dated August 25, 1984. Moved by Councilmember Ryan and seconded.by Councilmember Reyzlik to adjourn the meeting at 8 :25 o'clock, P.M. All Councilmembers present voting Aye, Mayor Jensen de the motion carried. ATTEST: (SEAL) VERNA R. BULL, CMC, CITY CLERK M. "STANLEY JENSEN LLYOF