Loading...
2007-08-28 GerkeW C W Ed ®d Q V f . = co N 6' w � (f ca T- W N Z MZ IT Cl) C1 = i N N �� V V Q to N a i n J N 'o 0 co r N O O O ® o P 40- IN 0 0 ii ° o r N ii o� L d d .�i Cl) d �0 (D N U) 0 O 0 V cc ®c O 0 F- L w } 2 c a O V W R m ccl d z c U C a C t m O M c O N C Z O 00 IW w N r co M T � U N N r d W W Q N IL V V I O B .0 lL z d� o� FT F o 0 ¢ rA Lu cc OW U 6 A r a W r r 0 Z Z Z Z Z Z o Z wF ® T T T T T >+ O Z 7 U 7 U 3 U 7 U 3 U a U 7 U 7 U 7 U U Q W wa O C CO CO °m U) U) cA 'm O cc O o sa o m O o m O m o o m O cn m O z uS w U a cn cn Cl) cn Cl) w m {- W Q O W z z o w a aa P4 O W� F Z � W E� O�� 0® co p Wy GO ® W LLI �p W z O W O z i a C7 a 0 c6 Ln O L Q l4 L W r u o . L co N F y O Q r O � � 0 W O O a Q1 4 U W o 2 y y cc 7 v n 0�� v is rn < z L Q N Q O - a) N - �i a- v °' �, °' °' n n n ii 'o 0 co r N O O O ® o P 40- IN 0 0 ii ° o r N ii o� L d d .�i Cl) d �0 (D N U) 0 O 0 V cc ®c O 0 F- L w } 2 c a O V W R m ccl d z c U C a C t m O M c O N C Z O 00 IW w N r co M T � U N N r d W W Q N IL V V I O B .0 lL a w U U � � bb U � U a O � W 'U W O � U U O � V O � a d' O � H 0 � O � 'C •w v p W Z '>� 00 �- ® -- ►Q � � � rq O � � N b .r _O O > • �"' a w U a W W U O a d' p W Z a U z OA � z a � a O w U O V N U O � � O O iw ycO��.� •� N � bA o o � � O O A 0 O b h O CA r rA b v h O C� r-a O O� 01 O ~ r iy..i 42 � 't7 o ' a � c� PH 5 V O � O � O ti 4 ' � H q cd 0 w • • • 0 0 �o < cV O U z a a 0 w N O M M O O m i� a b 0 d ,a s w° .�� 4 0. 0 C14 Z) co O r14 � U CC y O �+ O Cd [ I U �y Q O U � V O N b � 'C7 0 Ln U O bA G" O C-o b cd w as CO 0 q 0 o U >1 0 � O U 0 0 �o < cV O U z a a 0 w N O M M O O m i� a b 0 d ,a s w° (1) a) p 4, -5 op co m es O® cis O Cq 4 u U Qr �; Q co b m -o s� cz �cn c � ^moo ® ® U -o ° `d co ® cqs .� cq ., �W 4 cz+� U � UZ U rA U � cq3 G O a On co •rr g 'o PQ S S c ' rA cts �' o ® d y .� U 8A 4 b o 0� o 0 0° p a y 1 O4 p bA rs, fs .b U u o co M co cd o -0 c o I I w a ° W �1 ° U blo w p b o o ,d a cd ° 72 14 0 w kn N G M M O a b e 0 h w° • U 0 i 4-1 lo 0 o 4) b "" wa a� a� o Z b � � U o o p C) O Z cd U D, Cd ° o U a 0 o cry b � (1) Cd � N 4w � a .w bA a PA 0 b a 0 . rA a� Z o y ^. a 0 r 0 0 cV t.: v O 0 b r b U N R O 9 0 bA Cd Cl o� U� K w O H o co t O =U 0 N � ,o a b li 0 C'sU LO 4 . 4 �o acd oa �0 • �W 4° N � a a 0 • U b a� �-, 42 cd a 0 0 U 'r 0 w W N 0 0 U 1 00 W o a N O d H N 00 11:1 H �.o C-) Or:C',D U O N �azo H a as H r•i ro M a r-q co z o 0 v 4J 0 a p 0 U cd m Q ro N pq a 0 c M +J H U m � 4J � o N 4J •H .H b 0 U N U) . N P4 N -P �4 0 d 1~ 4J N a O P4 N m «i O .P d N N 4-I N �4 4J 4-I (ti Iti •H N N H u z W H a Q 9 H H Q H W w w C7 O U Q w Q W H DC W 5� ^ H 0 W U w O F4 H H rn V) 3. O r-{ I H �4 O rd LH � b N N 4J 4J N � A rd rl ro v rd N >1 'S" rd m d A N • m U a m N rU d 4-J 4-) 4J 0 U) N s~ O rH td � N 1-I k 0 N m 4J ' , i r-{ 4 rd N 4 N •H k 4-4 4-4 is N s~ N 4J •H 3 1~ is •H m d N U) .H N a N 4 4-1 4-I U 0 p 1~ � 0 1J m � U) O a) -H U) m U) m aW U) .H a U) O N 4J .}J d b ri a 4J O N N 4J N N �-I • H rd 4J 3 R 4J �A (d a) H 4J 0 rl �' 4-r -P 0 4-4 --- -H d -- Q m N H U (d N 3 >1 4J � �4 N rd a a0 P4 GZ x • d r-I •� rd, O 3 rd U) >1 N 3 � N •rr4 - d 3 o 0 -n O U 0 s~ rd P 4J {I a U rd R ro H •H 4H 00 N m 4-) ai •r 0 �4 1 -H d � � rd 0 O 4J O 41 3� o mm>1 N 4J +-) rd 0a >i aar �4 r 0 rd d I~ 41 -H 0 0 0 0 •n 4J ro F, N o .. �4 LH U 4 N ° 0 �4 rd t:7) U ° •H d I~ Jv d w 0 rd 0 m x 4-1 a O o N la r 0 rl O rl G RS m -H 4-I �4 0 -H N n o Q4 rd >i 4J U C, 4J f," X p �-4 0 N N a >1 >, a 0 a t7) 0 0 1~ �4 -H a a I � 4J •H P m U m 0 N N 0 44 m 4-4 r o rU U Un 0 0 .r a � N rl d N N 4J p •H�., En (d 44 m D N d A ° r r� (d m •H tT S-I A U d 4J �4 N •H rH LH ° N A O � 0 a a 0 ( N � �f, 9 404 .0 9 � M �4 N b) a 0a)� A •ri N �4 m m O k N 0 4J 4 I •H > r m P-4 4 ri N 4-♦ ri �4 N 0 •H •H � rd A I, Xt 4J rd - d o 4J (d •H •H d • aut00 f~ N 4 dJ r �N - �U ) O 4J O (1) r. d I~ • m 0 N �4 m N (d CO a (d rt !~ >1 >1 O a 4J 4J N • ri N �-1 ? �-4 4J �4 N N ,(� r• �-4 0 0 H �A N k 0)� as Sl �A N H �r 0 c~ rd U 4-1 4J •H U �1~s~a 4J rd H m I4 0 N 0 0 U) N m rd N •• H 4J +J rd V) U �ro . 4H O O N U d O N 4-a N -- r-i .Ha U) N •H U �x Fi >1 � la •H N Q4 �a .ii H � 4J Ln m U) 0 p U m �-4 o o4J � rO U s~ ° rd O r0 0 cn EnMI QEnUU P 4J N t I~ N m r--I N LH r' U) o 0 P4-4 4- rq ° U 4J 4 4J U �•Hv(�n0d�4 U N -H N (d rO d 4 � a o d -P .0 rd rU p 4J N •H 0 >1 > d •H rd +•r ooHQa -PP CO w N U 4J rT 0 - (d Id � a) 0) .Q •r-q >1 U) >v >1 O m -H ri a U r a 0 >i a) 4J 4-I �4 � LH $:! r-i rd 0 :J P a rd o a A 4J N 4 4-4 U 4J F., m 4J -H x, N a) U O $: d w r0 ° i N b r r-4 r-1 ,.0 •r 0 • r-I (d �,, rd • r-i d H 0 P t7) rd N d •H N •H N 4J s~ d 1~ 4J 4J H 4J a b) 1; rd U 4-I A U N •H rd �:5 rd 0 rd U W >, �4 �( P 4- r, •IJ >i 0 4J N d (d s! P 0 - ° U � 4J m a 4JJ U) 0 rd N rd NA •H O p '> b 4J a N rd 4 H IT �4 (d d d rd rd A N 3 s~ l0 rH ,� tT • H (n rd P� rd N l4 to 0 N P U a) ri rl a l~ N X 4J �-I rd rd -H d N •r-i O m a N �4 •H ds~ rd p In x r-- U ro rd 4a d rd �j O r a U) O .P In 9 d rd 0 r-I d .11 •H : m •n u 4-) 3 rd �4 P4 rO ° N U) rd P 4JJ� . 4 4J (1) (1) m N ..l a) 0 41 � ��4J4J rd •H a) 4J (d m u d0NS~ N N 0 r~ N 0 3 to y N �:l O 0 S4 �I U r�I •� � ` �� ro d 4-4 O a) N rl rd 1~ �-4 m u) b - ) rd 0 m m 1�, m r N d 4 ro 1; �4 U Un � U �ul tr� N d a) t i s~ N ,.C •H .U. (d •H r' H U H 4J • 4 (n U d (` m co •H �-I f; � -P Ra —4 (d H H 0 b� i-1 U d •H N C U) rH '� • H 4J H >1 •r d �4 41 rd a 4 H O 4J a) U and N 4 1C-, N M 4 (1) rd ,Q s~�� � ° r � •H N :> 4J rd U 0 I~ Pq rd �) r 4J 0 r rJ 4JJ rd rI � d (d 4 9 1 l 41 .1J -H 0 m rO 4HJ N 4J N • H f H 4J -H 4-I 0 4-� - ° 4 ° O 4J U >1 U rd U la •H -4 4J rd rH r•i N 0 -rd N P4 �"� -H rd (1) m U r~ �4(2)r70 N r� n1 0 d rn � - 1 �5 1~ m d •H U1 N C, U a) rH • r "� �i E-H •H N • H r4 rH 4J N 61 J � S~ arcs •H 4 0 rd 0 U of m LH O d w O H x H Q W H Q m -H 4J N N N O 4-I N A O 4J O Q Q W H U (n P'1 U) U H al a 0 W A U • v ¢ Q 0 O w co co co W 't (o u F Q ad CO cq Nt X (6� ° Q ° vmm a C� wow H z a: O[Cl)� b °LE CL g a m LU U 2E 0 0 0 H W � � > a Q v O N U M rl � H N O Pa O z 4J w o ° 1 w z w H �. Q H C7 H 'J+ U I� C ) cE ing for the s =die ui uic b SS. real estate: Out Low 1, Pleasant Valley Subdivi- ivision to the City of Blair, sion, a sub>� County, Nebraska and further Washing County, g Washington described ax Lot 55 lying in the NW 1/4 Part of action 14, Township 18 North, Marls Rhoades .............. ............................... . . • • • • .. SE 1 /4 of E astOfthe 6th Principal Merid Range i3 ., being y me first duly sworn, deposes and says that he is the publisher of THE ENTERPRISE as ton County, Nebraska, and ia Washirig described as follows: Y a legal wee kly new painted and published at Blair, in Washington County, Nebr. more particularly From tae northeast corner of the NW of Section 14, Township 18 and of general circulation in said County and State; that said newspaper has a bona fide circulation of more than 300 copies weekly, in 114 SE 1/ o0 O ine ce Nortb,Rarsgb nas aloe said County; and, has been published in said County for more than 52 successive weeks the of. E assumed g . g 174 SE 1/4 a di of 534.14 prior to the first publication of the attached notice, that the attached notice was published in said newspaper for said NW feet to the southeast corner of Tax Lot 55 " ,.,,.,,,,,, ••, week(s) being the issues of, consecutive in said Section 14; thence S 89 °59'47 -; the south line of said Tax Lot 55 . W along a distance of 564.15 feet to the Point of a S 89 °59'47" � ............. - e —P t. e. ll>. b. e. x .... 7. ................ Beginning W along said south line a distance of 50.31 ,..20f? .7... feet to a poinH ° thee easterly r i g hence N US S e p t e m b e r 14 ............. 2 - 0 - 0. 7 ...... line of ; 06620'38" SValong saideasterlyihighway' right of way line a distance of 83.10 feet; thence S g6 °37'55" E a distance of 16.82 e p t e ln. b e x 2 2 0.0.7 feet to a p oint of curvature; thence along a radius curve to the left an arc .... • •, 125.00 f distance of 33.55 feet; thence S06 °20'38 "' • • •....... E a distance of 84.65 feet to the Point of Beginning said tract to beknown as Out' One (1) laPleasantValleySubdivision ............... ....................,, „•,,,,,,, Lot in the City of Blair, Nebraska. is be- Th - described real estate 7a andShaunaGerke pursuant .... .............. . ...... P 6bIiSh6r's Signature g' in soldto'J8Y �nnditions of the real' 'a 4 ° "a " "a ;ubsctibed i Nebraska. The, n m y presence, and sworn to before rte s- describedreal l One Hundred us ..... 2 S t i), Thesalewill ..... day Of ............5 -e P. t. en b.e � ............. ............................... . 2 0 .7...... . ° ... n� ithinthirty(30) GENERAL NOTARY - StateafNebra' a publi cation of PEGGY L HIPPNF... " arem edvo e f mte NIY COMM, E cp. Nov. 2G, 20 0 N o • • .. " . ....... ............................... I Clerk against Notary ubliC is Fees For Publishing This Notice ........................ it (30 %), of eparation of Affidavit and Billing ' • $ 7 9. 68 ty voting at the g ................. otary Fees $ EELER, CITY ;'opy ............................... ............................... CLER' ............................... $ r Total ................. $ 79 .68 AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this 28th day of August, 2007, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Jay and Shauna Gerke, hereinafter referred to as "Buyers ". WITNESSETH: 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: Out Lot 1, Pleasant Valley Subdivision, a subdivision to the City of Blair, Washington County, Nebraska and further described as: Part of Tax Lot 55 lying in the NW 1 /4 SE 1 /4 of Section 14, Township 18 North, Range 11 East of the 6 th Principal Meridian, Washington County, Nebraska, and more particularly described as follows: From the northeast corner of the NW 1 /4 SE 1 /4 of Section 14, Township 18 North, Range 11 East; thence S 00'07'16" E (assumed bearing) along the east line of said NW 1 /4 SE 1 /4a distance of 534.14 feet to the southeast corner of Tax Lot 55 in said Section 14; thence S 89 °59'47" W along the south line of said Tax Lot 55 a distance of 564.15 feet to the Point of Beginning; thence continuing S 89'59'47" W along said south line a distance of 50.31 feet to a point on the easterly right of way line of US Highway No. 30; thence N 06 °20'38" W along said easterly highway right of way line a distance of 83.10 feet; thence S 86°37'55" E a distance of 16.82 feet to a point of curvature; thence along a 125.00 foot radius curve to the left an arc distance of 33.55 feet; thence S 06 °20'38" E a distance of 84.65 feet to the Point of Beginning; said tract to be known as Out Lot One (1) in Pleasant Valley Subdivision in the City of Blair, Nebraska. The said Buyers agrees to purchase said property on the following terms and conditions, to- wit: The purchase price therefore is agreed to be the sum of $12,116.00, which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before forty -five (45) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Buyers shall receive possession of the premises upon closing. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Buyers 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 year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event of the Buyers requests, Seller shall provide to the Buyers a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyers. The cost of such title insurance shall be split equally between the parties. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Buyers. The Buyers are purchasing the premises "as is ". The Buyers 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 purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyers be entitled to a refund of the purchase price. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA B QM JS E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK PURCHASERS: as By SHAUNA GERKE STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this W " day of Sta pdem be r , 2007, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor ofthe 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. KATHEpIRE D U n0UDU2 0 ...... ........ My Comm. Exp. 1L b N'Vz- NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this JK day of ,d�-j , 2007, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Jay and Shauna Gerke, Buyers, to me known to be the identical person whose name is 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. GENERAL NOTARY - State of Nebraska MOA HOLLY COOLEY TARP P ' My Comm. Up. June 17, 2000 M ORDINANCE NO. 2117 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE VACATING REAL ESTATE KNOWN AS OUT LOT ONE, PLEASANT VALLEY SUBDIVISION, A SUBDIVISION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The described real estate known as Out Lot One, Pleasant Valley Subdivision, a subdivision located in the City of Blair, Washington County, Nebraska, and further described on Exhibit "A' attached hereto and incorporated herein by reference, is hereby vacated and the ownership of the same, pursuant to Neb. Rev. Stat. §16 -611, shall be retained by the City of Blair, Washington County, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. 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 28th day of August, 2007. 007 0 qq6 waSxli tiaoi`i c ®trNrx, S���E of I+MRASKA CITY OF BLAIR, NEBRASKA RiEC®IWED �a f n Qoo - AT , b M, Book 1 PAGE(S) 4Z5 CIS17GI2 D ` OF DEEDS B ATTEST' l_ 'A 'BRENDA R WHE8ELER, CITY CLERK tr: ,SAL) c' Q X? . I ME E. REALPH, MAYOR Recorded - - - -- g General mvA --' Numerical _ 0 Co ::0 c3 m m rn Photostat r�. �., Proofed ' > Scanned ° x� rn C;1 ers Q--+rrI a -�Z 4 y STATE OF NEBRASKA ) ):ss: WASHINGTON COUNTY ) 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 passed and approved at a regular meeting of the Mayor and City Council of said City held on the 28th day of August, 2007. BRENDA R. WHEELER, CITY CLERK 45 Part of Tax Lot 55 lying in the NW '/4 SE 1 /4 of Section 14, Township 18 North, Range 11 East of the 6 t Principal Meridian, Washington County, Nebraska. and more particularly described as follows: From the northeast corner of the NW 1 /4 SE 1 /4 of Section 14. Township 18 North, Range 11 East: thence S 00 E (assumed bearing) along the east line of said NW 1 /4 SE 1 /4 a distance of 534.14 feet to the southeast corner of Tax Lot 55 in said Section 14: thence S 89 W along the south line of said Tax Lot 55 a distance of 564.15 feet to the Point of Beginning: thence continuing S 89 0 59'47" W along said south line a distance of 50.31 feet to a point on the easterly right of way line of US Highway No. 30: thence N 06 0 20'38" W along said easterly highway right of way line a distance of 83.10 feet: thence S 86 0 37'55" E a distance of 16.82 feet to a point of curvature: thence along a 125.00 foot radius curve to the left an arc distance of 33.55 feet: thence S 06 0 20'38" E a distance of 84.65 feet to the Point of Beginning: said tract to be known as Out Lot One (1) in Pleasant Valley Subdivision in the City of Blair, Nebraska. M ORDINANCE NO. 2118 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF OUT LOT ONE IN PLEASANT VALLEY SUBDIVISION, A SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF $12116.00; PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYERS, JAY AND SHAWNA GERKE, 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. 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 Jay and Shawna Gerke, whereby the City agrees to sell the real estate described hereinabove for the sum of $12,116.00 and pursuant to the terms and provisions of the Purchase Agreement attached hereto and marked Exhibit "A ". SECTION 2. The Mayor and City Cleric 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 28th day of August, 2007. CITY OF BLAIR, NEBRASKA B JA ES . 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 28th day of August, 2007. BRENDA R. WHEELER, CITY CLERK _ MAW 01 o'. 1 !1 September 0 R , , The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on August 28, 2007, passed and approved Ordinance No. 2118 providing for the sale of the following described real estate: Out Lot 1, Pleasant Valley Subdivision, a subdivision to the City of Blair, Washington County, Nebraska and further described as: Part of Tax Lot 55 lying in the NW' /4 SE 1 /4 of Section 14, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska, and more particularly described as follows: From the northeast corner of the NW 1 /4 SE 1 /4 of Section 14, Township 18 North, Range 11 East; thence S 00'07'16" E (assumed bearing) along the east line of said NW 1 /4 SE 1 /4a distance of 534.14 feet to the southeast corner of Tax Lot 55 in said Section 14; thence S 89 °59'47" W along the south line of said Tax Lot 55 a distance of 564.15 feet to the Point of Beginning; thence continuing S 89 °59'47" W along said south line a distance of 50.31 feet to a point on the easterly right of way line of US Highway No. 30; thence N 06°20'38" W along said easterly highway right of way line a distance of 83.10 feet; thence S 86 °37'55" E a distance of 16.82 feet to a point of curvature; thence along a 125.00 foot radius curve to the left an arc distance of 33.55 feet; thence S 06°20'38" E a distance of 84.65 feet to the Point of Beginning; said tract to be known as Out Lot One (1) in Pleasant Valley Subdivision in the City of Blair, Nebraska. The above - described real estate is being sold to Jay and Shauna Gerke, pursuant to the terms and conditions of the real estate agreement between Jay and Shauna Gerke and the City of Blair, Nebraska. The purchase price for the above - described real estate is Twelve Thousand One Hundred Sixteen Dollars (12,116.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 2118, 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 American Land Title Association Commitment -1966 • • _; 7 F c3tewar ' title guaranty company STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an autho- rized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Company m title guaranty company ?3 ,•' �GppPOggrF�� a �iAwrN // /W 6 /�` W MO •- Cit State � I R A B Y) T I ? . � 1 l � ..° y T ftt gA � / °' t � d T ��. ; ( g t ( " �9 1f! 1 925 _ V Y, I J vin ��P 1Pi-[Iiivi 1'Y[ `_. AJ ]FITLE OFFICE .0, Box 429 Blair, NE 680 Phone: (4,02)4-26-4844 Fax: (402) 426 -4811 CLOSJT%IG OFFICE 706 South I9"' Street Blair, 1'alE 68008 Ph.one: (402) 426-9191 ,� :(402) 426 -9166 005 - LIN - Rev. 3/78 EXHIBIT 1 ewi�� I"a'e�T erar ®I�nrnme a (Modified June, 2005) Stewart Title Guaranty Company and Blair Abstract & 'Title Company Privacy Policy Notice PURPOSE OF THIS NO'T'ICE 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 CGLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company and Blair Abstract & Title Company. 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 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 federal regulations to guard your nonpublic personal information. PREMIUM: Owner's Policy $100.00 SCHEDULE A Order Number: ST -6301 1. Effective date: September 21, 2007 at 8:00 o'clock A.M. Commitment Number: C- 9992 -ST -6301 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's $ 12,116.00 Proposed Insured: JAY D. GERKE and SHAUNA L. GERKE, husband and wife. (b) A.L.T.A. Mortgagee's $ Proposed Insured: (c) A.L.T.A. Mortgagee's $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple title 4. Title to the real estate or interest in said land is at the effective date hereof vested in: CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA 5. The land referred to in this Commitment is described as follows: Outlot 1, Pleasant Valley Subdivision in the City of Blair, Washington County, Nebraska. SCHEDULE B Order Number: ST -6301 Commitment Number: ST -6301 PART Showing matters which will be excepted in the Policy 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 hereof 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. Taxes for the current year. 3. Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments or any overlapping of improvements of other boundary or location disputes (can be eliminated or amended in mortgagee's policy upon proper evidence being furnished). 4. Restrictive covenants affecting the property described in Schedule A. 5. Rights or claims of parties in possession, and not of record in the public records; liens for labor, services or material or claims to same which are not of record in said records. 6. Any roadway or easement, similar or dissimilar, on, under, over or across said property, or any part thereof and not of record in said records. 7. Any titles or rights asserted by anyone, including but not limited to persons, corporation, governments, or other entities, to tidelands, or land 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 riparian rights, is any. PART II The following matters will be excepted in Schedule B of the policy to be issued. SPECIAL EXCEPTIONS: Those exceptions to title disclosed by a search of the title for which no coverage is provided by this commitment. 1. TAXES: Taxes are shown exempt. 2 RESTRICTED ACCESS contained in Warranty Deed recorded May 19, 1965 in Deed Book 89, Page 541 to the State of Nebraska, stating that there will be no access for ingress or egress onto Tax Lot 50 and Tax Lot 55 except over one commercial entrance not to exceed 40' in width. 3 PLAT of Pleasant Valley Subdivision recorded August 15, 1997 in Plat Book 2, Pages 912- 916. Includes perpetual easement to Omaha Public Power District, Blair Telephone Company, 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, their successors and assigns, to erect, operate, maintain, repair and renew pole, wires, crossarms, downguys, and anchors, cables, conduits, and other related facilities; and to extend thereon wires or cables for the carrying and transmission of electric current for light, heat, and power, and for the transmission of signals and sounds of all kinds including signals provided by cable CONTINUATION SHEET EXCEPTIONS television systems, and the reception thereon, over, through, under and across a five foot (5') wide strip of land abutting the front and side boundary lot lines; and an eight foot (8') wide strip of land aubtting the rear boundary lines of all lots. Further grants a perpetual easement to the City of Blair and Peoples Natural gas Company, their successors and assigns, to erect, install, operate, maintain, repair and renew pipelines, hydrants, and other related facilities, and to extend thereon pipes for the transmission of gas and water on, through, under and across a five foot (5') wide strip of land abutting all streets. Also describes Outlot 1 as being and easement and states on plat that Outlot 1 is subject to an easement of record. 4 EASEMENT recorded August 14, 1997 in Record Book 270, Pages 161 -163. Grants an easement to Donald C. Adamson and Neva G. Adamson, Trustees of the Adamson Family Trust for purposes of ingress and egress over and across Outlot 1, Pleasant Valley Subdivision, to Tax Lot 108 in 14- 18 -11. Easement also described on plat recorded in Plat Book 2, Pages 912 -916. Pursuant to Ordinance No. 2117 recorded September 20, 2007 in Record Book 516, Pages 43 -45 wherein the City of Blair vacates subject property, Nebraska Revised Statute #16 -611 states that: (a) There is reserved to the city the right to maintain, operate, repair and renew public utilities existing at the time title to the property is vacated there; and (b) There is reserved to the city, any public utilities, and any cable television systems the right to maintain, repair, renew and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times. 6 CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and recorded in Record Book 134, Page 496 and all amendments thereto. SCHEDULE C Order Number: ST -3301 Commitment Number: ST -3301 The following requirements must be met and completed to the satisfaction of the Company before its policy of title insurance will be issued. 1. Show that restrictions or restrictive covenants have not been violated. 2. 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. 3. Furnish proof of payment of all bills for labor and material furnished or to be furnished in connection with improvements erected or to be erected. 4. Pay all general and special taxes now due and payable including the following: O Record instrument conveying or encumbering the estate or interest to be insured, briefly described: 5. Need deed from City of Blair, Washington County, Nebraska, to Jay D. Gerke and Shauna L. Gerke, husband and wife, conveying the property described in Schedule A, Item 5; said deed to be filed for record. 6. Need execution of attached affidavit. Upon execution said affidavit to be returned to Blair Abstract and Title Company. American Land Title Association Commitment - 1966 COMMITMENT FOR TITLE INSURANCE ISSUED BY S ASW&k mow teWarlw_ title guaranty company STEWART TITLE GUARANTY COMPANY, A Texas Corporation, he in called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title in a e, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee a estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the pre ms and charges therefor; all subject to the provisions of Schedules A and B and to the C tions and Stipulati hereof. This Commitment shall be effective only when the i tl of the proposed In red and the amount of the policy or policies committed for have been inserted in Sche A hereof by the Company, either at the time of the issuance of this Commitment or by sequent endorse nt. This Commitment is preliminary t h ' ssuance of such p licy or policies of title insurance and all liability and obligations hereunder shall cease an r inate six months after the effective date hereof or when the policy or policies committe shall issue, whic ve first occurs, provided that the failure to is such policy or policies is not the fault of t ompany. Signed under seal r tke Company, but this Commitment shall not be valid or binding until it bears an autho- rized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. title guaranty company P . lll plii /iuirraa � Chairm of tl a Board �,o o ��.`.�• ���� ® President •• Countersigned by: 1908 ;off Authorized natory Company City, State BLAIR ABSTRACT & TITLE COMPANY Serving Washington Conno) Since 1925 TITLE OFFICE P.O. Box 428 Blair, NE 68008 Phone: (402) 426 -4844 Fax: (402) 426 -4811 CLOSING OFFICE 706 South 19 Street Blair, NE 68008 Phone: (402) 426 -9191 Fax: (402) 426 -9166 005 - LIN - Rev. 3178 EXHIBIT 1 m:ev:sed Pr- acy Notice. (Modified June, 20 05) Stewart 'Title Guaranty Company and Blair abstract & Title Company Privacy Policy Notice PURPOSE OF THIS NO'T'ICE Title V of the Gramm- Leach - Bliley Act (ELBA) 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 Stewart Title Guaranty Company and Blair Abstract & Title Company. 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 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 $100.00 SCHEDULE A Order Number: ST -6301 Commitment Number: C- 9992 -ST -6301 1. Effective date: September 21, 2007 at 8:00 o'clock A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's $ 12,116.00 Proposed Insured: JAY D. GERKE and SHAUNA L. GERKE, husband and wife. (b) A.L.T.A. Mortgagee's $ Proposed Insured: (c) A.L.T.A. Mortgagee's $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple title 4. Title to the real estate or interest in said land is at the effective date hereof vested in: CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA 5. The land referred to in this Commitment is described as follows: Outlot 1, Pleasant Valley Subdivision in the City of Blair, Washington County, Nebraska. SCHEDULE B Order Number: ST -6301 Commitment Number: ST -6301 PART I Showing matters which will be excepted in the Policy 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 hereof 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. Taxes for the current year. 3. Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments or any overlapping of improvements of other boundary or location disputes (can be eliminated or amended in mortgagee's policy upon proper evidence being furnished). 4. Restrictive covenants affecting the property described in Schedule A. 5. Rights or claims of parties in possession, and not of record in the public records; liens for labor, services or material or claims to same which are not of record in said records. 6. Any roadway or easement, similar or dissimilar, on, under, over or across said property, or any part thereof and not of record in said records. 7. Any titles or rights asserted by anyone, including but not limited to persons, corporation, governments, or other entities, to tidelands, or land 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 riparian rights, is any. PART II The following matters will be excepted in Schedule B of the policy to be issued. SPECIAL EXCEPTIONS: Those exceptions to title disclosed by a search of the title for which no coverage is provided by this commitment. 1, TAXES: Taxes are shown exempt. 2 RESTRICTED ACCESS contained in Warranty Deed recorded May 19, 1965 in Deed Book 89, Page 541 to the State of Nebraska, stating that there will be no access for ingress or egress onto Tax Lot 50 and Tax Lot 55 except over one commercial entrance not to' exceed 40' in width. 3 PLAT of Pleasant Valley Subdivision recorded August 15, 1997 in Plat Book 2, Pages 912- 916. Includes perpetual easement to Omaha Public Power District, Blair Telephone Company, 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, their successors and assigns, to erect, operate, maintain, repair and renew pole, wires, crossarms, downguys, and anchors, cables, conduits, and other related facilities; and to extend thereon wires or cables for the carrying and transmission of electric current for light, heat, and power, and for the transmission of signals and sounds of all kinds including signals provided by cable CONTINUATION SHEET EXCEPTIONS television systems, and the reception thereon, over, through, under and across a five foot (5') wide strip of land abutting the front and side boundary lot lines; and an eight foot (8') wide strip of land aubtting the rear boundary lines of all lots. Further grants a perpetual easement to the City of Blair and Peoples Natural gas Company, their successors and assigns, to erect, install, operate, maintain, repair and renew pipelines, hydrants, and other related facilities, and to extend thereon pipes for the transmission of gas and water on, through, under and across a five foot (5') wide strip of land abutting all streets. Also describes Outlot 1 as being and easement and states on plat that Outlot 1 is subject to an easement of record. 4 EASEMENT recorded August 14, 1997 in Record Book 270, Pages 161 -163. Grants an easement to Donald C. Adamson and Neva G. Adamson, Trustees of the Adamson Family Trust for purposes of ingress and egress over and across Outlot 1, Pleasant Valley Subdivision, to Tax Lot 108 in 14- 18 -11. Easement also described on plat recorded in Plat Book 2, Pages 912 -916. 5 Pursuant to Ordinance No. 2117 recorded September 20, 2007 in Record Book 516, Pages 43 -45 wherein the City of Blair vacates subject property, Nebraska Revised Statute #16 -611 states that: (a) There is reserved to the city the right to maintain, operate, repair and renew public utilities existing at the time title to the property is vacated there; and (b) There is reserved to the city, any public utilities, and any cable television systems the right to maintain, repair, renew and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times. 6 CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and recorded in Record Book 134, Page 496 and all amendments thereto. SCHEDULE C Order Number: ST -3301 Commitment Number: ST -3301 The following requirements must be met and completed to the satisfaction of the Company before its policy of title insurance will be issued. 1. Show that restrictions or restrictive covenants have not been violated. 2. 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. 3. Furnish proof of payment of all bills for labor and material furnished or to be furnished in connection with improvements erected or to be erected. 4. Pay all general and special taxes now due and payable including the following: O Record instrument conveying or encumbering the estate or interest to be insured, briefly described: 5. Need deed from City of Blair, Washington County, Nebraska, to Jay D. Gerke and Shauna L. Gerke, husband and wife, conveying the property described in Schedule A, Item 5; said deed to be filed for record. 6. Need execution of attached affidavit. Upon execution said affidavit to be return ed to Blair Abstract and Title Company. TITLE REAL ESTATE CLOSING TRUST AC 2 288 2 DATE DESCRIPTION AMOUNT 10/17/2007 Money to Seller $11,916.00 PAYEE: City of Blair, Washington County, Nebraska c :) File:07117 City ofBlair, Washington Countyy Nebraska s/t Gerke Outlot 1, Pleasant Valley Sub, Blair, NE 680b8 (� $11,916.00 O CA O W RECEIVEDQF�: ca '� A k if pay !! ¢ p ADDRESS W O O rd —j I°' o c�1 CITY STATE ZIP CODE D 00 N .� cDNQ D 4 "t a p cr'1 ti kI \ e N O Q y u .a r] m ED F �= tij O Z be A o E O �i E Q f .. O P4 c!] O t H u THANKYOU KEEP THIS COPY FOR` YOUR RECORDS. Im ® Q �p O NO Q 17 ® L E RECEIVED BY cCS N Pounds Printing, Blair, NE 68008 x W cd Q+ v P4 C W, �+ P4 o F W JIJ rl 4 ; c :) (� O CA O rd N Cc ti kI \ b0 y u i A N O E Q O P4 c!] O H u THANKYOU KEEP THIS COPY FOR` YOUR RECORDS. ® Q �p C NO Q 17 ® L E RECEIVED BY Pounds Printing, Blair, NE 68008