The URL can be used to link to this page

2005-01-26 StewartRE AL 1 AT CLOSING 'STATEMENT SELLER'S SETTLEMENT SJUEET Date January 28, 2005 Name of Seller- City. o Bl Nebras Address c/o Geoffrey C. Hall, P.O. Box 216, B NE 68008 Property Lot 34, Ridgeview Estates, an addition to the City of Blair, Washington County Nebraska Debit Credit Saleprice --------------------------------------------------- - - - - -- ---------- ------ - --- - - - - -- ------ - - - - -$ $ 18,500.00 Earnest money, per sole agreement -------- _------------------- - ------- _-------- _- --------- __ -- Additional payment received prior to date of this statement_____ _____ ____ __ ______ Contract amount carried back by seller ----------------------- _----------------- _ --------- _ Existingmortgage--------------------- - - - - -- ------------ - - - - -- ---------------------------------- - - - - -- --— Rebateof escrow fund - - - -- -------------- - - - - -- ------------------------------------------- - - - - -- — Pro -rated insurance — unearned premium --------------------------------- _--------- _-------- Prorated real estate taxes—general ----------- ------------------- --------------------------- - -_ -- Pro -rated real estate taxes special ---------------------------------------------- ------ - - - - -- Interest adjustment------------------------------------------------------------------------------ Pro -rated rent-------------------------------------------------------- - - - - -- -------------------------- Recording Fees — Release of mortgage_________________________ ____ ______ ___ __ _______ ______ 5.50 Affidavit ------------ - - - - -- - - - - -- ------ - - - - -- -------- - - - - -- --------- - - - - -- z 'title Insurance ----- to- -Jolmson - - & -- Mock ------------------- ___ -------------------- 7_`Z0 Land survey --------------------------------------------------------------- ------------------ — Appraisalfee -------------------------------- ---------------------------- -------------------- - ------- L, +f fees ------------------------------------------------------------------------- Revenuestamps ---------------------------------------------------------------------------- Commission ------------ - - - - -- -------------- - - - - -- ------------- - - - - -- ------------------------- 2 Escrow Closing Fee to Johnson & M ock Debit balance buyer ------ 150.00 18,2:69.50 TOTALS $ 18,500.00 $ 18,500.00 Remarks — Duplicate, original received, rea and approved, city crf Rl ai r.r Nebraska , JOHNSON & MOCK, Attorneys at Law Form No. 101 -5 (Se RY- - - Ni l e K. Johnson Huffman and Felton & Wolf. Walton. Ne. 68461 Commitment r Title Insurance American Land TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, 'title Association for a valuable consideration, hereby commits to issue its policy or policies of title insurance, Commitment -1966 as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner (Modified for Nebraska) 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 6 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. This Commitment shall not be valid or binding until countersigned below by an authorized signatory of the Company. The Nebraska Revised Statutes require that the following statement be incorporated in this commitment: Please read the exceptions and the terms shown or referred to herein carefAil ly. r • _ • • exceptions are meant to provide you with notice of matters which are the terms of the Title Insurance Policy and should be carefully considered. I I i;• - • •" r xt - vantee of Title and not a written representation _ all liens, defects, and encumbrances affecting as to the condition of title and title to the land. By: ATTESI Authori d Signatory Secretary ALTA Commitment - 1966 Form C 8915 -01 (Reprinted 10/00) For Use In Nebraska COMMITMENT Owners Premium $100.00 Loan Premium $ 50.00 $150.00 SCHEDULE A 1. Effective Date: January 11, 2005 Case No. J-02056 Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: Jon T. Stewart and Carrie A. Stewart, husband and wife Amount $ 18,500.00 B. ALTA Loan Policy Proposed Insured: C. Two Rivers State Bank, Its successors and/or assigns Amount $ 18,500.00 Amount $ N/S The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: City of Blair, Nebraska, a Muncipal Corporation (Deed recorded in Book 382 at page 403) 4. The land referred to in the Commitment is described as follows: SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION SCHEDULE A Commitment LEGAL DESCRIPTION Lot 34, in Ridgeview Estates, an Addition to the City of Blair, Washington County, Nebraska This Commitment valid only if Schedule B is attached. COMMITMENT SCHEDULE B REQUIREMENTS Case No.: J-02056 The following are the requirements to be complied with: Upon payment of the full consideration to, or for the account of, the grantors or mortgagors, and recording of the deeds and/or mortgages, the form and execution of which is satisfactory to the Company, the policy or policies will be issued containing exceptions in Schedule B thereof to the following matters (unless the same are disposed of to the satisfaction of the Company): 1. If an owner's policy is to be issued, the mortgage encumbrance, if any, created as a part of the purchase transaction. 2. 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. 3. Rights or claims of parties in possession not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 5. Easements or claims of easements not shown by the public records. 6. 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. 7. Taxes or special assessments which are not shown as existing liens by the public records. S. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs): 9. #890057526. Real estate taxes for 2004 are shown as exempt. Real estate taxes for 2005 and all subsequent taxes are excepted. 10. Ridgeview Estates Covenants, recorded in Book 233 at Pages 339 -346 on August 25, 1994, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN. Restated Ridgeview Estates Covenants for Ridgeview Estates, a Subdivision in Washington County, Nebraska recorded in Book 436 at Pages 718 -738 on May 7, 2004. 11, Correction Ridgeview Estates Covenants, to include legal description, recorded in Book 238 at Pages 693 -701 on March 15, 1995, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN. 12. First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements of Ridgeview Estates, a subdivision in Washington County, Nebraska, recorded in Book 314 at Pages 450 -451 on March 8, 2000. 13. Plat recorded in Book 2 at Page 729, showing a utility easement being 5' on each side and 10' on rear. 14. An Agreement with the City of Blair, Nebraska dated June 15, 1995 and recorded in Book 241 at Pages 354 -355 on June 15, 1995 for sidewalks. SCHEDULE B (Requirements) CONTINUED ON PAGE 2 OF SCHEDULE B. ALTA Commitment COMMITMENT Case No. J-02056 Page 2 SCHEDULE B CONTINUED 15. A perpetual easement to the City of Blair, Nebraska, for purposes of placement, maintenance, construction, repair and location of sanitary sewer line, dated June 19, 1995, and recorded in Book 241 at Pages 805 -807 on July 5, 1995. 16. Location Notification of Mid - America Pipeline Company recorded in Book 198 at Pages*218 -219 on December 5, 1991. 17. A Deed of Trust in favor of Robert C. Doyle, Trustee and Charles R. Clatterbuck, Beneficiary, in the amount of $130,000.00, dated February 1, 1996, executed by Ridgeview Estates Limited Partnership, a Nebraska limited partnership, recorded in Book 251 at Pages 625 -630 on April 10, 1996. REQUIREMENTS FOR FILING a) A Quit Deed from the City of Blair, Nebraska, a Muncipal Corporation to Jon T. Stewart and Carrie A. Stewart, husband and wife. b) A Mortgage or Deed of Trust from Jon T. Stewart and Carrie A. Stewart, husband and wife, to the Two Rivers State Bank. C) An Easement with the City of Blair, Nebraska, for storm sewer and any other utilities to any location on said real estate. d) A Partial Deed of Reconveyance from Robert C. Doyle, Trustee and Charles R. Clatterbuck, Beneficiary of the Deed of Trust dated February 1, 1996 and recorded in Book 251 at pages 625 -630 on April 10, 1996. CONTINUATION REAL ESTATE CLOSING STATEMENT ,SELLER'S SETTLEMENT SHEET January 28, 2005 Name of Seller- City. of Blair, Nebraska Address c/o Geoffrey C. Hall, P.O. Box 216, B NE 68008 Property Lot 34, Rid geview Estates, an addition to the City of Blair, Washington County Nebraska Debit Credit Sale price ---------------------------------------- - - - - -- --------- --- - - - - - -- ------ - - - - -- -- - - - - -$ $ 18,500.00 Earnest money, per sale agreement -------- ---------------------------- -- ------- --------- - -- Additional payment received prior to date of this statement____ ______ ______ Contract amount carried back by seller.. -------------------------- ___________-_____-_-____- Existing mortgage-------------------------------------- - - - - -- ------------------- --- -- - - - - -- - - - - -- Rebate of escrow fund-------------------------------------------------- Pro -rated insurance — unearned premium_____________________ _______________________________ Prorated real estate taxes—general ----------- _------------ _----------------- _____________.__ Pro -rated real estate taxes—special ----------------------------- _----------- _------- _________ __ Interest adjustment------------------------------------------------------------------------------------ Pro -rated rent - -- ---- - - - - -- ------------------------------------------- Recording Fees — Release of mortgage-------------------------------- --- ----- -------------- -- Affidavit -------------------------- - - - - -- -- - - - - -- - 2 Title Insurance-- - - - -Johnson -- & -- Mack--------------------------- --•---------- - - - - -- 75.00 Land survey ------------------ - - - - -- -- - - - - -- --------- - - - - -- -------------------- -----• -------- - -- - - - - -- — Appraisalfee -------------------------------------------------------------- - ------------ - - - - -- ----- - - - - -- Attorney's fees --------------- - - - - -- ----------------------- - - - - -- - - - - -- Revenuestamps ----------------------------- - - - - -- ------- - --------- - - - - -- ------------------------------ Commission -------------- - - - - -- ---------------------------------- 2 Escrow Closing Fee to Johnson & Mock 150.00 Debit balance buyer 18,275.0.0 TOTALS $ 18,500.00 $ 18,500.00 Remarks Duplicate, original received, read and approved. JOHNSON �F'MVCK, Attorneis at Form No. 101 -5 ( B / — r �, 0--G - i e o nson B y - Huffman and Felton &Wolf, Walton, Ne. 68461 AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this /9 day of d0 Min lX (" , 2004, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Jon & Carrie Stewart, husband and wife, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions ofrecord, the following described real estate, to -wit: City of Blair, Ridgeview Estates, Lot 34. the 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 Eighteen Thousand Five Hundred Dollars & N01100 $18,500.00, 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 Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said right of way for a storm sewer and any other utilities on said real estate. 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 and which are attributable to the real estate. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. 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 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 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 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 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 purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer 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 REALPH, MA OR ATTEST: BRENDA R. WHEELER, CITY CLERK PURCHASERS: r B -', T , 7k JON TEWART B N" CARRIE STEWART STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this le day of Nb� f tY*er 2004, before me the undersigned allotary 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. pOT04W of aabraska KATHERINE D. LOUDNER. My Comm. Exp. June 17, 20 NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this day of �� \(rn � , 2004, before me, the undersigned allotary Public, duly commissioned and qualified for in said county, personally came Jon and Carrie Stewart, 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 Vu? l' Side �8i�f85nc �' 1& HGLi� J, Et }ia NOTARY PU IC ! -... , h7y Gomm. Exp. Aag.1, �QQ5 Duplicate Affidavits of this Pu blicatio n County Court 0 Clerk of Dist. Court 0 County Clerk 0 Sec. State 0 'ATE OF NEBRASKA SS. shmgton County, ,.,,T�Iark „Rhoades ................... .................... ............................... ............ being by me duly sworn, deposes and says that he is the publisher of THE ENTERPRISE a legal d newspaper printed and published at Blair, in Washington County, Nebr. and of ral circulation in said County and State; that said newspaperhas a bona fide circulation )re than 300 copies weekly, in said County; and, has been published in said County for than 52 successive weeks prior to the first publication of the attached notice, that the (s) being the issues of. led notice was published in said newspaper for .....�hr.�.�.,., consecutive ,,,,,.,.November 19 200 � ............... ...... . ............... ,,,.,.,.November 26, 2004 December 3, 2,0,04 ................ .......................... Publisher's Signature Subscribed in my presence, and sworn to before one this ....... 3,rd ..... da of ... .... ?ecemb r GENERAL NOTARY Stat �GGYI_. HIfNAR , Stat of Nebraska Ikl MY Comm. Exp. Nov. 20, 20 ......... ` a'p ,,,, Printer's Fees For Publishing This Notice ..............ry Public Nota ........ $ Preparation of Affidavit and Billing ......................... Notary Fees $ 3 3 . h 1 50 Copy .................................................................... ............................... $ Total ................. $ 3 5 . 7 6 10 MUM AR , , IPROOF The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on November 9, 2004, passed and approved Ordinance No. 2018 providing for the sale of the following described real estate: Lot 34, Ridgeview Estates, City of Blair, Washington County, Nebraska The above - described real estate is being sold to Jon and Carrie Stewart, pursuant to the terms and conditions of the real estate agreement between Jon and Carrie Stewart and the City of Blair, Nebraska.. The purchase price for the above - described real estate is Eighteen Thousand Five Hundred Dollars ($18,500.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 2018, 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 K 10 ro" �,s e of November 11, 2004 Jon and Carrie Stewart 765 N. 16 Street Blair, Nebraska 68008 RE: Purchase Agreement — Lot 34 Ridgeview Dear Mr. & Mrs. Stewart, Enclosed are two (2) copies of the above agreement for your signature. After signing, please return both copies to me. A fully executed agreement will be returned to you at a later date. Please note that your signatures do need to be notarized and we can do that for you at City Hall if that is the most convenient for you. If you have any questions, feel free to contact me. Thank you in advance for your assistance in this matter. Sincerely, Brenda Wheeler City Clerk Enc 218 South 16th Street • Blair, Nebraska 68008 • 402 -426 -4191 ^ Fax 402 - 426 -4195 • E -mail cityofblair @ci.blair.ne,us October 25, 2004 City of Blair 218 S 16 Street Blair, NE 68008 RE: Purchase of Lot 34 Ridgeview Estates Dear Scott Bovick and /or Rod Storm: We would like to submit a proposal to purchase the above referenced lot. We are looking to build mid - spring of 2005. However, we would like to begin our preliminary plans soon. Based on an auction amount of land in this subdivision, in 2002, of $18,000.00 we would like to offer a bid of $18,500.00. Please accept this offer knowing that we will maintain the lot before, during, and after the construction takes place. Feel free to contact us with any concern's or questions. We hope to hear from you very soon. Sincerely, Jon and Carrie Stewart (426 -9872) ® N 'tea-+ U (L) 0 �-+ _ r > O cd U O O cn cto r, + U O > N N N vi c a� Q, O ' _ it cd a) O �- c ~ O O 4 �>, C cd L40 Cd 0 Cd W O ° N c� O y cn m yy -- O d H N 4 (D Icil to ca Cd O U DO 'd Q u 4�; om 16S o m �- U J Al � r o a, o bl) c 1 5 o (D A O O N r ® 'J r fir" O O 4 U, N •'" U ft mw N +i m a= a ' z � E � � O O C rar C � z cz H O O Q ++ U cc rA C cz � o¢ O C 0 d O � O W > W ca CZ W O Q wom QD. LO N O 7 W w CL O Q ri) 0 rn L N 3 O E-y O U c II� "O a) C Z cz cn t4 O ti C � 4a O pQ o Ln CL) �� ca C4 05 Ln 0 vi 9b 0 o cz a ; o cc o ' O ns c3 b� }j � O 3'j O 4� d vi or) Q n u O ' ca vi + s 0 42 O c i O > n m p >^ U cn «i In o as O cn v° 0 o ti :a 0 a ° �„ b4 ca co >, >, p j cH ° O O O z - U � >o B p y ° N aJ C', ° ca O Li y rn o F `' o LIZ n ct ° 3 ° C) cn 0 cz 0 °� _CZ z m is a) by vi >cC U J� O �' p > p U vi p cC aJ O ro r. �+ O ,'� �.. O., ca U p N ti� i� n O bD U > U p O u1 N N v: p O CZ , O O U ° b7 o CC 0 V2 43 G y p O O O O O � 4a Q. a) N bQ LS q 0 " y 3 o as = _ 3 � r. ai o o ro cc a� `� i� N O 0 cC O p Q ^ O U z 0, s.. 0 c;t V) cz cc H ro an o �� y n ° ° o a C" 3 o> � .a 0 0 0 ° o W N O m W a) C Cl. n . O . i-. r v M p 4 �� i c� cC `� i. 5 ca U R 04 y0 �U 61 p 0 a r U N " 0 U 4) c� a]` N ° N O a) c0 a c a4 L rc o `� d o F+ s z a. Z H° H c. i H �- ° r� a F co M d Vl LO 0 0 N 4a O >, c M S- o u O 0 Cd -a m U ti r m .n 'd c� 0 U .O 0 C/1 0 ol N v r J a O z~ � W o i 0 U � �FF .• i L � 001 90 6 +- co � o cv o S - ONrYJ :3 5 MtD +j to C) as w S_ x z Z 0 (1)°CC) N V) S r6 Z • •r N S O rc5 r- Q r CL. -D d m