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2013-03-28 Mccaig20 1 � pp - I F:N 8 8 l , f91 , i c;' 0 {4 COUNTY REGISTER OF DEE�05 ut -A}p" N CITY OF BLAIR, NEBRASKA, Grantor, in consideration of SEVENTY THOUSAND DOLLARS ($70,000.00) receipt of which is hereby acknowledged, quitclaims and conveys to McCaig Construction, Inc, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Blair, Washington County, Nebraska: LOTS 54, 55, 69 AND 72 IN DEERFIELD REPLAT 2 ADDITION AND LOT 76, DEERFIELD ADDITION, AN ADDITION TO THE CITY OF BLAIR AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA, Executed: this 2 0 day of March, 2013. CITY OF BLAIR, NEBRASKA Realph, Mayor STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the ?- day of March, 2013 by James E. Realph, Mayor for the City of Blair. GENERAL NOTARY. State of Nebraska I� RRENDAAWHEELER '� / ( I a � . my Comm, Epp, dune 20, 2016 NOTARY PUBLIC Gok oia,! � PhctG� ut / pi'i.)otGd f 20 1 � pp - I F:N 8 8 l , f91 , i c;' 0 {4 COUNTY REGISTER OF DEE�05 ut -A}p" N CITY OF BLAIR, NEBRASKA, Grantor, in consideration of SEVENTY THOUSAND DOLLARS ($70,000.00) receipt of which is hereby acknowledged, quitclaims and conveys to McCaig Construction, Inc, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Blair, Washington County, Nebraska: LOTS 54, 55, 69 AND 72 IN DEERFIELD REPLAT 2 ADDITION AND LOT 76, DEERFIELD ADDITION, AN ADDITION TO THE CITY OF BLAIR AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA, Executed: this 2 0 day of March, 2013. CITY OF BLAIR, NEBRASKA Realph, Mayor STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the ?- day of March, 2013 by James E. Realph, Mayor for the City of Blair. GENERAL NOTARY. State of Nebraska I� RRENDAAWHEELER '� / ( I a � . my Comm, Epp, dune 20, 2016 NOTARY PUBLIC qft ooLz Real Estate T ransfe r Statement FORM Nebraska Department of • To be filed with the Register of Deeds. REVENUE • Read instructions on reverse side. 'ruc nccn r nrnT RR RFCnRnPn IINLFSSTHIS STATEMENT IS SIGNED AND ITEMS 1 -25 ARE ACCURATELY COMPLE 1 County Name 2 County Number FOR DEPT. USE ONLY 3 Date of Sale 4 Date of Deed 01 10 2013 03 Day ;' Yr. 2013 WASHINGTON - 89 correct, and that I am duly authorized to sign this statement. Mo. Day Yr. Mo. 5 Grantor's Name, Address, and Telephone (Please Print) 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Seller) Telephone Number Grantee's Name (Buyer) City of Blair, Nebraska hnr® Signature of rant eorAuthorizedRe sentative Title McCaig Construction, Inc. Street or Other Mailing Address Street or Other Mailing Address 218 S. 16th St. 1070 James Dr. City State Zip Code City State Zip Code Blair NE 68008 Blair NE 68008 Telephone Number Telephone Number (402) 426 -4191 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C if property is also a mobile home. (A) Status (B) Property Type (C) (1)❑ Improved (1)© Single Family (4) ❑ Industrial (7) ❑ Mineral Interests - Nonproducing (9) ❑State Assessed (1) ❑ Mobile Home (2)Q Unimproved (2) ❑ Multi - Family (5) ❑ Agricultural (8) ❑ Mineral Interests- Producing 10) ❑ Exempt (3)❑ IOLL (3) ❑ Commercial (6) ❑ Recreational 8 Type of Deed ❑ Corrective ❑ Land Contract ❑ Personal Rep. ❑ Bill of Sale 9 IRC § 1031 Exchange? ❑Yes ❑✓ No ❑ Warranty ❑ Sheriff ❑ Executor ❑ Mineral ❑ Cemetery (Was the transfer an IRS like -kind exchange ?) Q Quit Claim ❑ conservator ❑ Partition ❑ Trust ❑ Other iu rypeot transfer Uaaie Uuor U ❑Auction ❑ Exchange ❑Life Estate ❑ Irrevocable Trust ❑Partition E] other (Explain.) 11 Was ownership transferred in full? (If No, explain the division.) 12 Was real estate purchased for same use? (If No, state the Intended use.) W❑ YES ❑ NO ©YES ❑ NO 13 Was the transfer between relatives, or if to a trustee, are the trustor and beneficiary relatives? (If Yes, check the appropriate box.) ❑ YES ❑✓ NO ❑ Spouse ❑ Parents and Child ❑ Family Corporation, Partnership or LLC ❑ Grandparents and Grandchild ❑ Brothers and Sisters [:] Aunt or Uncle to Niece or Nephew ❑ Other 14 What is the current market value of the real property? 15 Was the mortgage assumed? (If Yes, state the amount and interest rate.) ❑YES ❑W NO $ 16 Does this conveyance divide a current parcel of land? 17 Was transfer through a real estate agent? (If Yes, Include the name of the agent.) ❑ YES W❑NO ❑YES ® NO 18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent 20 Legal Description Parcels of land known as Lots 54, 55, 69 and 72 in Deerfield Replat 2 Addition and Lot 76, Deerfield Addition, an addition to the City of Blair as surveyed, platted and recorded in Washington County, Nebraska 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed 22 70,00d .00 —�-- 23 Was nonreal property included in the purchase? ❑ YES Q NO (If Yes, enter amount and attach itemized list.) .. 23 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ......... ............................... 24 $ 70,00q.00 25 If this transfer is exempt from the documentary stamp tax list the exemption number FOR DEPT. USE ONLY Under penalties of law, I declare that I have examined this statement and that It is, to the best of my knowledge and belief, true, complete, and correct, and that I am duly authorized to sign this statement. (402) 426 -6694 City of Blair, Nebraska by Brenda Wheeler Print or Type Name of Grantee or Authorized Telephone Number � R n epresentative Si ( �f City Clerk 03/x2013 hnr® Signature of rant eorAuthorizedRe sentative Title Date REGISTER OF DEEDS' USE ONLY FOR DEPT. USE ONLY 26 Date Deed Recorded Mo. Day Yr. 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 Nebraska Department of Revenue Form No. 96- 269.2008 Rev. 8 -2011 Supersedes 96- 269.2008 GRANTEE— Please retain a copy of this document for your records. CITY OF BLAIR, NEBRASKA, Grantor, in consideration of SEVENTY THOUSAND DOLLARS ($70,000.00) receipt of which is hereby acknowledged, quitclaims and conveys to McCaig Construction, Inc, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76 -201) in Blair, Washington County, Nebraska: LOTS 54, 55, 69 AND 72 IN DEERFIELD REPLAT 2 ADDITION AND LOT 76, DEERFIELD ADDITION, AN ADDITION TO THE CITY OF BLAIR AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA, Executed: this Z 3 day of March, 2013. CITY OF BLAIR, NEBRASKA Q ' Realph, Mayor I STATE.OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the day of March, 2013 by James E. Realph, Mayor for the City of Blair. GENERAL NOTARY - State of Nebraska , W5 EiREND�4RWHEELER M Gomm. Exp. June 2O, 2010 NOTARY PUBLIC k Ju t--- -0.towf-'t-A _R �5H I �) 5 � - 19 k T1 VQ-M 2- CITY OF LAIR, NEBRASKA Phone 402-426-4191 RECEIVEDOF: rn r) - r) (n- ADDRESS -- n a n CITY, STATE, ZIP CODE ou 03/' I �3' I0 0 on 45 1 2 j xl A -1 65k' f. Nt f., i f110 k Ju t--- -0.towf-'t-A _R �5H I �) 5 � - 19 k T1 VQ-M 2- ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ( "Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or re- ferred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: rStewar"f U ,. Me guaranty company I Senior Chairman ot the Boardf Autho4ud Signatur BLAIR ABSTRACT & TITLE COMP Company Chairman o the E BLAIR, NEBRASKA 68008 City, State BLAIR ABSTRACT resident C & TTTLE COMPANY 1904 South Street, Suite 105 - Blair, Nebraska 68008 TInE OFFICE CLOSING OFFICE Phone: (402) 426 -4844 Phone (402) 426 -9191 Fax: (402) 4264811 Fax (402) 426 -4811 kelly.lawson @blairtitle.com jemec mden @blairtitle.com AMERICAN Copyright 2006.2009 American Land Title Association. All rights reserved. - LAND 7ITW ,,.�? The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. MSOMT[ON �ewd l l All other uses are prohibited. Reprinted under license from the American Land Title Association. r ` title g.arartty comparry ry 004-UN ALTA Commitment (6/17106) l a EXHIBIT 1 Revised Privacy Notice (Modified June, 2005) Stewart Title Guaranty Company and Blair Abstract & Title Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm - Leach- Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with'a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of [insert name of institution and its affiliates mentioned in this notice] We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or] others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. PREMIUM: Owner's Policy $392.50 Loan Policy 75.00 $467.50 SCHEDULE A File No. 13140 1. Effective Date: March 25, 2013 at 8:00 o'clock A.M. 2. Policy (or Policies) to be issued: a. 2006 Owner's Policy Amount of Insurance $70,000.00 Proposed Insured: McCAIG CONSTRUCTION, INC., a Nebraska Corporation .b. 2006 Loan Policy Amount of Insurance $52,500.00 Proposed Insured: TWO RIVERS BANK, its successors and/or assigns of the insured mortgage. 3. The estate or interest in the land described or referred to in this Commitment is: fee simple title 4. Title to the real estate or interest in the land is at the Effective Date vested in: THE CITY OF BLAIR, NEBRASKA. 5. The land referred to in the Commitment is described as follows: Lots 54, 55, 69 and 72 in Deerfield Replat 2, an addition to the City of Blair, as surveyed, platted and recorded in Washington County, Nebraska; AND Lot 76 in Deerfield, an addition to the City of Blair, as surveyed, platted and recorded in Washington County, Nebraska. Blair Abstract & Title Company, 1904 South Street, Suite 105, Blair, Nebraska 68008 (402) 426 -4844 SCHEDULE B — Part I REQUIREMENTS File No. 13140 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the real estate or interest, mortgage or lien to be issued. Instruments in insurable form which must be executed, delivered and duly filed for record: Need deed from The City of Blair, Nebraska, a Nebraska Municipal Corporation, to McCaig Construction, Inc., a Nebraska Corporation, conveying the property described in Schedule A, Item 5. Said deed to be filed for record. 2. Need execution of deed of trust from McCaig Construction, Inc., a Nebraska Corporation, to Two Rivers Bank, securing the principal sum of $52,500.00. Said deed of trust to be filed for record. 3. Need execution of attached affidavit. Upon execution said affidavit to be returned to Blair Abstract & Title Company. Blair Abstract & Title Company, 1904 South Street, Suite 105, Blair, Nebraska 68008 (402) 426 -4844 SCHEDULE B — Part H EXCEPTIONS File No. 13140 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished; imposed by law and not shown by the public records. 6. Community property, dower, courtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 7. Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 8. Reservation contained in Patent from the United States of America of State where the land described in Schedule A is located. 9. Restrictive covenants affecting the property described in Schedule A. 10. Taxes for the year and thereafter. 11. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 12. TAXES: Parcel No. 890082628 — Lot 54 Deerfield Replat 2 — 2012 taxes in the amount of $595.32 show a tax credit of $20.54. The balance of $574.78 and all prior taxes are shown paid. Parcel No. 890082635 — Lot 55 Deerfield Replat 2 — 2012 taxes in the amount of $555.32 show a tax credit of $19.16. The balance of $536.16 and all prior taxes are shown paid. Parcel No. 890082733 — Lot 69 Deerfield Replat 2 — 2012 taxes in the amount of $491.78 show a tax credit of $16.96. The balance of $474.82 and all prior taxes are shown paid. Parcel No. 890082754 — Lot 72, Deerfield Replat 2 — 2012 taxes in the amount of $491.16 show a tax credit of $16.94. The balance of $474.22 and all prior taxes are shown paid. Parcel No. 890081998 — Lot 76. Deerfield — 2012 taxes in the amount of $477.80 show a tax credit of $16.48. The balance of $461.32 and all prior taxes are shown paid. Blair Abstract & Title Company, 1904 South Street, Suite 105, Blair, Nebraska 68008 (402) 426 -4844 Continuation Exceptions 13140 13. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Deerfield Replat 2 Single Family Lots recorded October 6, 2006 in Record Book 497, Pages 502 -507. Contains license and easement to Blair Telephone Company, Huntel Communications, City franchised cable television firms, and to Omaha Public Power District, and their successors and assigns, to erect operate and maintain cables, conduits and other instrumentalities and to extend wires for the carrying and transmission of electric current for light, heat and power and for all telephone and telegraph and message services and cable television. 14. PLAT of Deerfield Replat 2, City of Blair, Washington County, Nebraska, recorded May 17, 2006 in Plat Book 2, Pages 1246 -1255. Includes easements as shown on said plat. Also grants a perpetual easement to the Omaha Public Power District, Blair Telephone, and Huntel Communications and to any company which has been granted a franchise under the authority of the City Council of Blair, Nebraska, to provide a Cable Television System in the area to be subdivided, their successors and assigns. 15. JOINT UTILITY EASEMENT recorded December 11, 2006 in Record Book 501, Pages 282 -287. Grants an easement to Omaha Public Power District, Qwest Communications and any other company which has been granted a franchise to provide a cable television system in the area, their successors and assigns. (Lots 69 and 72 Deerfield Replat 2) 16. EASEMENT recorded December 4, 2006 in Record Book 500, Pages 847 -848. Grants an easement to the City of Blair for construction and maintenance of a storm sewer and drainage swale over and through a portion of Lot 69 as described therein. (Lot 69, Deerfield Replat 2.) 17. EASEMENT recorded December 4, 2006 in Record Book 500, Pages 853 -852. Grants an easement to the City of Blair for construction and maintenance of a storm sewer and drainage swale over and through a portion of Lot 72 as described therein. (Lot 72, Deerfield Replat 2.) 18. PLAT of Deerfield Subdivision, City of Blair, Washington County, Nebraska, recorded May 20, 1997 in Plat Book 2, Pages 870 -877. Includes easements as shown on said plat. Also grants a perpetual easement to the Omaha Public Power District, Blair Telephone, and Huntel Communications and to any company which has been granted a franchise under the authority of the City Council of Blair, Nebraska, to provide a Cable Television System in the area to be subdivided, their successors and assigns. 19. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Deerfield single family lots recorded September 3, 1998 in Record Book 288, Pages 458 -465. Conditions, restrictions and covenants of Lots 23 through 83 of Deerfield Subdivision. Includes easement for installation, operation and maintenance of utility lines. 20. CITY OF BLAIR ZONING REGULATIONS recorded: October 13, 1972 in Deed Book 71, Page 467; January 8, 1982 in Record Book 134, Page 496 AND ALL AMENDMENTS THERETO. Blair Abstract & Title Company, 1904 South Street, Suite 105, Blair, Nebraska 68008 (402) 4264844 Duplicate Affidavits of this Publication have been filed in the office of County Clerk ❑ Clerk of Dist. Court❑ County Clerk ❑ Sec. State ❑ STATE OF NEBRASKA WASHINGTON COUNTY Chris Rhoades Being by me first duly sworn, deposes and says that he is the Associate Publisher of THE ENTERPRISE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 300 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 3 consecutive week(s) being the issues of. February 15, 2013 February 22, 2013 March 1, 2013 Associate Publisher Signature Subscribed in my presence, and sworn to before me This I" day of March, 2013. GENERAL NOTARY - State of Nebraska 6�m TRACY A. PRETiYMAN N 'F3, My Comm. Ezp. Sept. 10, 2013 Printers Fee For Publishing This Notice $ 39.17 Preparation of Affidavit and Billing $ Notary Fees $ Copy $ 25% discount for minutes $ TOTAL $ 39.17 ORDINANCE NO. 223 8 COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF LOTS 54, 55, 69 AND 72 IN DEERFIELD REPLAT 2 ADDITION AND LOT 76, DEERFIELD ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF SEVENTY THOUSAND DOLLARS ($70,000.00); PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYER, MCCAIG CONSTRUCTION, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16 -202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska, and McCaig Construction, Inc., whereby the City agrees to sell the real estate described hereinabove for the sum of seventy thousand dollars ($70,000.00) and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked Exhibit « SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16 -202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 12th day of February, 2013. CITY OF BLAIR, NEBRASKA J E E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) BRENDA R. 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 Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of February, 2013. BRENDA R. WHEELER, CITY CLERK AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this 31 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and McCaig Construction, Inc. and or assignee, hereinafter referred to as "Buyer ". WITNES SETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 54, 55, 69 and 72, Deerfield Replat 2 Addition, and Lot 76, Deerfield Addition, City of Blair, Washington County, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Seventy Thousand, ($70,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00) per lot, which shall be non - refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA BY J E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK PURCHASERS: By STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 31 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. � z t NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 31 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Dan McCaig, managing member for McCaig Construction, Inc., to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. J UL)-- NOTARY PUBLIC M cCaig aig Co ? ?tr ction Inc. \0\0 Jam D \ B lair , NE. 68008 /#\-\\\-ƒ\\f City # \ ;»? \»? \\. \i\\ # �� $ \ #< W : \ °V <f / }4t2 » °f # +ff� \ ¥? ?4 ? <� �»�< 2. 2:+ \ #t? V °f Lot 69 Deerf t f 4l>i 2 Lot 72 Deerfie t f #l»{ 2 Lot 52 Dee f #»\ 2 Lot 55 Deerfie <f #l»} 7 Lot \7 3. A d eposit c « °f amount + \ \ \ #11 \ i :2 df¥ w ith this Da Mc Caig City of Blair Deerfield Lots Subdivision and Lot Number Rounded Cost Per Lot to Break Even McCaig Offer DEERFIELD ADDITION LOT 76 DEERFIELD REPLAT 2 LOT 54 LOT 55 $15,000 $13,000 $13,000 LOT 69 $13,000 LOT 72 $13,000 Total Lots: 71 $67,000 $70,000 2/15/2013 2/22/2013 3/1/2013 1OF NOTICE OF PROPOSED SALE The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on February 12, 2013, passed and approved Ordinance No. 223 8 providing for the sale of the following described real estate: Lots 54, 55, 69 and 72 in Deerfield Replat 2 Addition and Lot 76, Deerfield Addition, an addition to the City of Blair as surveyed, platted, and recorded in Washington County, Nebraska, The above - described real estate is being sold to McCaig Construction, pursuant to the terms and conditions of Ordinance 2238 and for the purchase price of one hundred seventy thousand dollars ($70,000.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 223 8, a remonstrance is filed with the Blair City Clerk against such sale, signed by registered voters equal in number to thirty percent (30 %) of the registered voters of the City voting at the last regular election. BRENDA R. WHEELER, CITY CLERK