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2005-10-05 Johawk, llcN ational National Waterworks TELEPHONE 402 - 896 -6173 14707 CUSTER ROAD TOLL FREE 800-2476811 Ater "A OMAHA, NE 68138 FACSIMILE 402 -896 -6379 Lynn Julius f a r � � �� ~ : ' fi t'..✓ ��.'` JV , 4 .� t Duplicate Affidavits of this Publication have been filed in the office of: County Court ❑ Clerk of Dist. Court ❑ Count Clerk ❑ Y Sec. State ❑ AFFIDAVIT STATE OF NEBRASKA ss. WASHINGTON COUNTY -- Rhoades sworn, deposes and says that he is the publisher of THE P ILOT - TRIBUNE, legal weekly newspaper printed and published at Blair, in Washington County, Nebr. and )f general circulation in said County and State; that said newspaper has a bona fide ; irculation of more than 300 copies weekly, in said County; and, has been published said County for more than 52 successive weeks prior to the first publication of the .ttached notice )r ....... ......consecutive week(s) being the issues of. .......... . ...... _ , . .. 2 0.05. August 9 2005 ................. August 16 2005 ..................... . .............. ........ .................. I.................. Publi sher's Signature Subscribed in my presence, and sworn to before me this .....1........... day of .............A .... ............................... 2005 GENERAL PlOTARY- State of Nebrask . . . . Ill P (03Y L. HIPNAt3 r y MY Comm. Exp. Nou 2D, 2006 Notar P blic Printers Fees For Publishing This Notice ................. Preparation of Affidavit and Billing " "" $ 40, 92 Notary Fees............ g ...... ...... ............................... $ n Copy. ......... ............................ $ ...................... ......................... ............................... $ ..................... I ...................... ... Total $ 42.52 CORPORATION QUITCLAIM DEED The City of Blair, Nebraska, a Municipal Corporation organized and existing under the laws of the State of Nebraska, Grantor, in consideration of One Dollar ($1.00) received from Grantee, JOIIAWK, L.L.C., Grantee, the following described real estate (as defined in Neb. Rev. Stat. § 76 -201): Lot 1 and Lots 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49, Ridgeview Estates, an Addition to the City of Blair, Washington. County, Nebraska Executed: O c c" r , 2005. CITY OF BLAIR, NEBRASKA, a Municipal Corporation By: � X4 - .es alph, Mayor ATTEST�� Brenda yVlr,. City C rk W hcc d-e� STATE OF NEBRASKA ) ss. Country of Washington ) On this 5 day of Q C 6° , 2005, before me, a general notary public, duly commissioned and qualified, personally came, James Realph, the duly authorized representative of the City of Blair, Nebraska, who acknowledged that he held the position or title set forth in the instrument, that he, she, they, signed the instrument on behalf of the corporation by proper authority and that the instrument was the act of the corporation and are known to be said duly authorized representative or representatives and the identical person or persons who signed the forgoing instrument and acknowledged the execution thereof to be his, her or their voluntary act and deed. Witness my hand and notarial seal on the date and year last above written. hwj GENERAL NOTARY-Sta of Nebraska Notary Public KATHERINE D. LOUDNER . My Comm. Ezp. June 11, 20t� TO BE FILED R ea l E s t a t e T rans f er St a t emen t FORM WITH REGISTER . Read instructions on reverse side OF DEEDS THE DEED WILL NOT BE RECORDED UNLESS THIS STATEMENT IS SIGNED AND LINES 1 -25 ARE ACCURATELY COMPLETED 1 County Name 2 County Number 3 Date of Sale 4 Date of Deed Washington 89 Mo, Day Yr. 2005 Mo. Day Yr. 2005 5 Grantor's Name, Address, and Telephone (Please Print) 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Seller) Grantee's Name (Buyer) City of Blair, Nebraska, a Municipal Corporation JOHAWK, L.L.C. c/o Lizabeth Hall, Reg. Street or Other Mailing Address Street or Other Mailing Address Age 218 South 16th Street 1212 Corey Drive City State Zip Code City State Zip Code Blair, HE 68008 Blair, NE 68008 Telephone Number Telephone Number 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C also iF property is mobile home. (B) Property Type (C) (1)❑ Improved (1)❑ Single Family (4) ❑ Industrial (6) ❑ Recreational (8) ❑ Mineral Interests- (9) ❑ State Assessed (1) ❑ Mobile Home (2)[79 Unimproved (2)[ Multi - Family (5) ❑ Producing Agricultural (7) Mineral Interests- (10) E] Exempt (3)❑ IOLL (3) El Commercial Nonproducing B Type of Deed ❑ Warranty ❑ Sheriff ❑ Executor ❑ Mineral ❑ Cemetery ] Quit Claim ❑ Conservator ❑ Partition ❑ Trust ❑ Other 10 Type of Transfer �] Sale ❑ Auction ❑ Gift ❑ Exchange ❑ Foreclosure ❑ Satisfaction of Contract ❑ Life Estate ❑ Other (explain) 11 Ownership Transferred in Full (if No, explain division) 12 Was real estate purchased for same use? (if No, state intended use) 0 YES ❑ NO []j YES ❑ NO 13 Was sale between relatives? (If Yes, check appropriate box) ❑ YES [ NO ❑ Spouse ❑ Parents and Child ❑ Family Corporation or Partnership ❑ Grandparents and Grandchild ❑ Brothers and Sisters ❑ Aunt or Uncle to Niece or Nephew ❑ Other 141f the real estate was transferred for nominal consideration, what is the current market 15 Was mortgage assumed? If Yes, state amount and interest rate. value? ❑ YES NO $ % 16 Does this conveyance divide a current parcel of land? 17 Was sale through a real estate agent? (if Yes, name of agent) ❑ YES [JNO ❑YES [j NO 18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent See #6 above 20 Le Description Lot 1 and Lots 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49, Ridgeview Estates, an Addition to the City of Blair, Washington County, Nebraska 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed 22 $ 180,000 00 23 Was nonreal property included in purchase? ❑ YES E� NO (if Yes, enter amount and attach itemized list) .. 23 24 25 sign r purchase price paid for real estate (line 22 minus line 23) ...... $ 1-80,000100 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 and correct, and that I am duly authorized to sign this statement. h Print or Type Name of Grantee or, Grantee or Authorized Representative Telephone Number a�o 10 Cis Title Date REGIS OF DEEDS' USE ONLY FOR NDR USE ONL 26 Date Deed Recorded Mo, Day Yr. 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 Nebraska Department of Property Assessment &Taxation Form No. 2- 146 -67 Rev. 12 -00 Supersedes 2- 146 -67 Rev. 9-94 NEBRASKA DEPARTMENT OF REVENUE —White Copy j printed with soy ink on recycled paper COUNTY ASSESSOR— Canary and Pink Copies Authorized by Sections 76 -214, 77 -1327, R.R.S. 1943 GRANTEE — Goldenrod Copy To: All Real Estate Companies From: Rodney A. Storm, City Administrator Subject: Sale of City owned lots in Ridgeview Subdivision The City of Blair is requesting your assistance in trying to sell the lots in Ridgeview Subdivision that the City acquired a couple of years ago by foreclosing on unpaid special assessments. The City has the following lots for sale: Lot 1 = list price $18,500.00 Lot 37 through Lot 49 = $13,500 each The lots will be clear of any assessments and taxes levied. The City is offering a $1,000 commission for each lot. Like all City sale of real estate the City will transfer title by Quit Claim Deed. Attached is a copy of the covenants the City feels are valid and a copy of a memo from the City Attorney. Ultimately the buyer would need to consult their own attorney relative to covenants... If you have a buyer please submit a proposed purchase agreement, so that we can submit an ordinance to the City Council. Please be aware that once the ordinance is passed and published the City can't deliver a deed until the 30 day remonstrance period has been completed. If someone wants to submit an offer for multiple lots the City will consider any reasonable proposal. If you have any questions feel free to contact me. Attached: Copy of snap showing lots Copy of Covenants Copy of City Attorney Opinion TO: Potential Buyers of Ridgeview Lots FROM. Geoffrey C. Hall - Attorney for City of Blair DATE: June 13, 2005 RE: Ridgeview Lots Owned by the City of Blair Question presented: Are the Amended Covenants at Ridgeview Estates filed on May 7, 2004 applicable to the City of Blair or a subsequent purchaser of the lots owned by the City of Blair. According to the Nebraska Revised Statute §76 -238, all deeds, mortgages and other written instruments which are recorded shall take effect and be in force after they are recorded with the Register of Deeds Office. The typical rule of law is that the recorded documents are applicable to subsequent purchasers. Generally, the law states that covenants restricting the use of real estate are not favored, and if ambiguous, they will be construed as permitting the maximum unrestrictive use of the property. See Egan v. Catholic Bishop of Lincoln 219 Neb. 365, (1985); Knudtson v. Trainor 216 Neb. 653 (1984). Further, for covenants to be effective, they must be accurate in al respects. It is interesting to note that when the covenants were amended on May 7, 2004, the amendment indicated the ownership of the lots as it existed on March 6, 2000. However, the amendment was signed on or about May 2004. It seems that the amendment should have indicated the lot ownership that existed on the date the amendment was signed and not some time prior. It very well may be a legal question as to whether or not the amendment filed on May 7, 2004 is accurate since it does not reflect the correct ownership on the date that it was signed and filed. The other question is whether or not the restricted nature of the amended covenants would be allowed under Nebraska law. According to Normandy Square Ass'n. Inc. v. Ells 213 Neb 60 (1982), the Supreme Court of Nebraska ruled that covenants must be reviewed on a case by case basis. The standard to be applied must not be ambiguous and a covenant will be enforceable provided that the authority exercised is reasonable and within the framework of the covenant purpose. In this case, prior to the covenants being amended two town homes were built in the same area. It is arguable that the building restrictions continued in the amended covenants are waived since there is already property developed in a manner contrary to the requirements of the amended covenants. In Breeling v. Churchill 228 Neb. 596 (1988), the Supreme Court of Nebraska stated that a restrictive covenant should be construed with the surrounding circumstances that the parties had in mind at the time that they made the covenant. This reasoning would be beneficial to the argument that the provisions have been waived. 013/22/2005 16:32 4024266825 WASHINGTON CO CLERK PAGE 01/02 - 4 5'0. FIRST AMENDMENT TO DECLARATION -OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RIDGEVIEW ESTATES, A SUBDIVISION IN WASHINGTON COITN'I"Y, NEBRASKA This First Arnph is made by Ridgeview Estates Limited Partnership (hereinafter collectively referred to as the "Declarants"). P RELIMl'NAR Y ST T E MENT By Declarations 'of Covenants, Conditions, Restrictions, and Easements ,Dated as of July .11, 1999 (herein the "Declaration "), recorded in the'OiTlce of the Register of Deeds of Washington County, Nebraska, at book 233 pages 337 through 346, of the Miscellaneous Records, the Declarant subjected to covenants, restrictions and easements certain real - Property located in Washington County, Nebraska (herein referred to as the `Property "), legally described as follows: Lots 1 through 59, inclusive, in Ridgeview Estates, A subdivision as surveyed, platted and recorded in �, . 1 In - - Washington County, Nebraska. 'This First Amendment to the Declaration is made for.the limited purpose of amendin'9" The Delaration as it applies to the term of the Declarants'., rights and controls under cert*i� T , Articles and paragraphs of said covenants_ The owner of the majority of the said land. 1 �- which includes; Lots 1 , 5 , 8 , 2 9,3 4 , 35 ;36 ,37,38,39,40,41,42,43,44,45,46 ,47,48,49,50 57,58,59, Ridgeview Estates, an Addition to the City of Blair, Washington County, Nebraska. Hereby declared that the restrictions, covenants, and conditions applicable to the property - shall be modified as follows. In Article "B " paragraph 1, No structure on Iots one through thirty four shall erected, altered, placed or permitted with attached garage for not less than two cars, nor more than three cars. No structure on lots thirty five through fifty nine shall be erected, altered, placed or permitted with attached garage for less than one car per family dwelling, nor . more than three cars. - In Article "A', paragraph 1; Lots one through thirty four shall be used only -for single - fartrily residential purposes and lots thirty five through fifty. nine shall be used for no more Than two family residential purposes to allow for condominiums, townhornes, or duplexes. Except such lots or portions thereof as may thereafter be conveyed or dedicated by the undersigned for ,public, church educational, or non - profit recreational uses. In Article "U" paragraph 1 shall read, The exposed front foundation walls must be constructed of or faced.with brick or other material approved by Ridgeview- Estates Partners. All driveways must be constructed of concrete, brick, paving stone, or laid T? C_ 03 /2212005 16:32 4024266825 Wr-^SHINGTON CO CLERK PAGE 02/02 F I - stone- All foundations shall be constructed of concrete, concrete blocks, brick or stone. Fireplace chimneys shall be covered with brick, -or other material approved in. writing by RidgeAe Estates Partners. - In Article "T', paragraph 2, Lots twenty through twenty nine shall have 1.400 .square feet of finished living area for one story and split level dwellings and 1 - 500 square feet of .,finished living area for one and one -half story dwellings and 2200 square feet finished living area for two story dwellings. Lots thirty four through fifty nine shall have. 950 square feet of finished living area for each family dwelling if condominium, townhome, or duplex and 1200 square feet of finished living area for single family dwelling for one story and split level dwellings and 1600 square feet of finished living area for one and one half story dwellings and 1800 square feet offnished living area for two story dwellings. In all other respects, the covenants, conditions, restrictions, easements and limitations set forth in the Declaration shall be and remain in full force and effect as to the property. _ W WITNESS WHEREOF, the Declarants have caused these presents to be executed. _ .RIDGEVIEW ESTATES LIMITED PARTNERSHIP, A.Nebraska PartnersWp,and owner OM ots 1,5,6,8,29, and 34 through 59 inclusive Ridgeview Estates an addition to the City ofI31air, Washington .County, Nebraska. "2000gZ 23 b STATE OF NEBRASKA COUNTY OF WASHINGTON)SS nor ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD i THIS Lt DAY OF -221a A n A:O. 20.aO �,�_ / AT.LL �.�0'CLOCK 9 M AND RECORDED IN BOOK b y /Y`�/.'�s� • 3! AT PAGE p artner COUNTY CLERK aZ2a,4 o,c -nom DEPUTY by 'Partner Recoraeu i S OF NEBRASKA ) Generai Numencei _ Photostat Prouteo WASMNGTON COUNTY ) On this - z1� y 122E ~ :. 2000 1 - 010_r9�ai_: X G da of ' � - i, -. i , ,came LtYA_O!!.) and T �.personall_w known to me to be the general partners of Ridgeview Estates Limited Partnership, a Nebraska lirnited partnership and having been first duly sworn, stated that they subscribed their signatures to the above, and that their signatures are their voluntary act and deed. - of Ifthr $m s Notary u c eS c, cfl1P8 CIO My Caffm Exp 4]. �J r 081''22.''2005 16:21 4024266825 WASHINGTON CO CLERK PAGE 02/09 .+;. ..Mnr>- •- r- ,n ++1 +aTn,..',ts.�. ,.. ..r. r.. r,l- •r.. -. _- . .. __._.. ... - ............_....n„ _•__.. _. - ...... ....- r�.._._ :_�•..........���.w_ -�® r¢s.AFFvdT3u MVllPPrw 339 ILED 91•' AUG.25 PM 2= ( 1,0T'rC• L.PLTEit;it RIDGEVIEW ESTATES COVENANTS CCUNTT.CLI These covenants are to .run with the land and shag be binding on all present and future owners of all or any part of the following described real estate: in Washlhgton County, Nebraska. All lots contained in said addition, excluding 1,ot 11 are and shall henceforth be owned, held, used, and conveyed, subjecL to the following conditions,, restrictions, and covenants, A_, Said lots shall be used only for single family residential purposes except suck), lots or portions thereof as may thereafter be conveyed or dedicated by the undersigned for pub].i.c, church, educational or non prof.i.t'recreati.onal` uses. B No structures_ shall be erected, altercd, or permitted to remain on any lot, other than one single .'fay.. dwelling, not to exceed two stories in heigh with att garage for not less than two cars, nor more tha31 three' cars. No dwelling shall be of flat roof design. C. No residential structure shall be erected . or placed on any lot which has an area less than the prescribed min sr3ua e footage requirement for RM boning, in effect_ -April 20, .19.94. A 1, front yard, side yard and rear yard set back requirements shall conform to the Zoning Ordinances of the City of f3lsir,`Nebras7<a.� r ?, ...�,_✓ :1Yn,'r> °r:rrr•r �Ir,A COIJNtY OF1VASlrIN6TON).SS- 3 33C �.I 711 1tl ?nICA Nnr•X ANDFICEI] FOR RFC p J' _DAY OF .f i/J F . A.A. I$ _ N mO f;•i:! _ ✓ 1X. Vr(_D^ e AN R OADEP WHDOK,. Phai�s(2I COUNTg b�R, T �r d o Derurr J 3 39 - 03/2212005 16:21 4024266825 WASHINGTON . CO CLERK 3 4 0 PAGE ,03109 D. No noxious o r O ffensive trade or activity. shall be carried on upon any lot nor shall anything be done therein which May be or becomle an annoyance o r nuisance to . the neighborhood- No posters or advertising signs--of any kind (exce. . pt residential t,F Sale signs) shall be erected on any building lot. The - above restriction as to signs does not app ly to signs ere the undersigned and Its agents in the development and sale of - i - - he subdivision. No outside abova-ground trash or garbage piles, burners, receptacles, or incinerators shall be erected, placed or permitted on any bu±lding.10t. All Weeds and grass shall be kept cut down to a maximum height of eight inches above ground level,. , No down spouts, storm or surface drains shall be connect ed to sanitary sewers. No animals, livestock or poultry Of any kind shall be raised, bought, or kept on said lots, except that dogs, cats, or other household pets are permitted if they are not kept, bred or maintained for any commercial. Purpose- All. excavat ions, including utility trenches, Shall be kept - filled, compacted and maintained by the - then lowner of each lot and in no event will the undersigned or Its agents and associated entities be Or become liable for such work or Tnainten nce 0- r for any claims arising f such excavations. No material other than earth, rock, or gravel shall be used as fill or backfIll on any lot 2 .340 "T, 03/22/2005 16:21 4024266825 WASHINGTON CO CLERK 4 � PAGE 04!09 No trailer, shack, barn, detached building, or temporary F, be placed or erected on said real estate, ea�cept structure shall that one detached building no larger than 12'.x 14' matching the design, color, and building materlal of the main residence - roof be constructed on any Lots only the main residential. ma y be as a dwelling and such occupancy shall structure may occupied i not be Permitted until all exterior construction is fully I completed. No building materials shall be placed on any log until construction has started on the - main residential. structure.. F. No fences shall be erected in front of the main residential structure, except decorative fences no more than inches (42") in height, constructed of brick, wrought - forty -twa iron, stone, or wood and being Fifty percent (50-% open. Side and rear yard Fences shall not exceed six feat (6') in hei ght. and be constructed of chain link, brick, stone, wrought iron,. Or may +pod on all lots, except on Lots fifty through fiity� nine, where fences shall not exceed forty -two inches (42 ") in he rear yard eigh and being fifty percent (50 %) open. G. dation walls and any. exposed The Exposed front foun G foundation walls facing any street must be constructed -of`or . faced with brick or other material approved by Ridgeviews states Partners. All driveways must be constructed of concrete, °brick, paving stone, or laid stone.. All foundations shall be. constructed of concrete, concrete blocks, brick or , stone. Fi chimneys s1a21 be covered with brick, or other material_ approved in writing by Ridgeview Estates Partners., 3 - 03%22,' 16 : 4024266525 WASHINGTON CO CLERK PAGE 05/09 .- _...�.. � + .. __._,- ...__. ...:..�;;.. —, .... .mss- � i... .. , !v {5,.•„•.,,,� .. _ r:,ti:,r ' m..... n• • ia.,....+ rnR:.•...•nw+K�atN_!far /•4H6'4M •►4pi�4r.•:�r,we..w 3 42 H. A public sidewalk shall be constructed of concrete four (4) feet wide by fouX (4) inches thick in front of- each -lot and upoiI each street side of each corner lot. The sidewalk shall be placed five (5) feet back of the street curb line and -shall be constructed by the owner Of 'the Lot prior to the time of completion of the main structure and before occupancy thereof;•. provided, however 'this provision shall vary to comply with any r, equi,rem+en of the' City of IIlair _ I. All telephone, electrical, and other utility lines must be located underground. No outside radio or television antennab, TV Dash, or other electronic antennae shall be erected on any building lot. IT. The ground floor enclosed living area of main residential structures, exclusive of open porches, open breezeways, basements, and garages, shall be not less than the following nininum sizes on the following lots: 1) Lots one through nineteen and lots thirty - L:hrough thirty four shall have 1400 scYuare feet finished living area for one story and split -level dwellings -and 1 800 square feet of finished living area for one and one -half story dwellings and 220 square feet of finished living area for two story dwellings. 4 34 2 09/22/2665 16:21 4024266825 WASHINGTON CO CLERK - PAGE 0'6!09 34� 2) Lots twenty through twenty -nine and lots th;.rty- five through fifty -nine shall have isoo square feet of finished living area for one story and split level dwellings and 2o.00 square feet of finished living area for one and one -half` story dwellings and 2 40o square feet of finished living area for two story dwellings - 3) "Finished living area" shall be defined as finished footage above -grade at front yard and "finished living area" shall not be defined as 3 walk -out type basement area. J. No repair of boats, campers, automobiles, trucks., mot rcycles, or similar vehicles or similar activities will be p eri a ittad outside of the garage on any lot for any longer than fort' -eight hours -, unless an emergency. No garden, lawn or maintenance equipment of any kind shall be stored or permitted to- remain outside of any dwelling except when in actual use unless completely screened from view from all other lots in the addition- Garage doors shall have automatic openers_ No boat, camper, trailer, auto -drawn or mounted trailer of any kind, mobile home, truck, aircraft, camper truck - ,._ or similar i shall be maintained- or stored on any part of a lot_ (other than in an enclosed structure.) for more than forty.- ei -ght (443) continuous hours or more.than twenty (20) days within any_, calendar year. 5 4 3 k hfn'� 03/22+"2005 16:21 4024266825 WASHINGTON CO CLERK PAGE 07/09 ' Glace .'AIn57'li�lw�n+�4aA.sai. —�� .�.�. -.. �..y. .r.n -•e ._.._._ �... � ._......5.•....._.._�....�__�.. �.._,...•..,............�.�._._ ._._.... -r-� .... �. r- ®a� �Mvv.a'¢IC1eaAYI1NY - � ::y._.:,..��_. 344, � No motor vehicle may be parked or stored outside on any lot, except motor vehicles driven on a regular basis by the occupants of the dwelling located on such lot. L. A perpetual easement is hereby reserved in favor -and granted to The BLAIR TELEPHONE COMPANY, CITY OF BLAIR, 0.p.p.1),, CABLE T.V. and PEOPLES NATUR GAS, their successors and, assigns, to erect and operate, maintain, repair and renew underground utilities and their accessories and other instrumentalities for the supply of electric power, gas, sanitary sewer, -storm sewer, water, telephone and cable TV under and upon a flve_foot_(5') strip of land adjoining the front, rear, and side .boundary lines of each of said lots in said addition. Said license being.= granted for the use and benefit of all present and future own -ers Of lots in said addition. M. These covenants, restrictions and conditions shall run with the land and ,cont until January -1, 201.4 , after which time they shall be autOMatica.11y extended for successive periods Of ten years, unless an instrument signed by a - majority of the owners of said Land shall have been recorded in the office of the County Clerk of Washington County, Nebraska, agreeing to amend, change, or terminate same in whole or in part. 6 34' •� • 'sky' .. 03/22/2005 1E: 21 4024266825 WASHINGTON CO CLERK PAGE 08/09- . //�� i r •4 5 i If any person, firm or co7rp6ration shall violate or attempt_ to violate any provisions hereof, any owner of real estate in such addition shall be empowered and entitled to bring a.ny- action or proceeding to prevent or restrain the continuance of such attempt or violation or to recover damages occasioned thereby_ If any provisions hereof shall be adjudged unlawfu -1 or unenforceable, the same shall in no manner.affect or change the other provislons hereof, which shall remain in full- t or- ce and effect. i • i I 7 345 M/22/2005 16:21 4024266825 WASHINGTON CO CLERK =PAGE _ 09I09 mo,sa,rreSls _ �_._.,_,. ._- .— .— ..--- ..�......- ....w.__. -...,h ,......,. ,.�._�,�...`�.., -•i ...,.r.,_� . '� �' �—:. �..:... o.,: a. �.,«. i.• v�ums..r- �< :��... -.._., 4 1 IN WI2'NESS WHEREOF, the Declarants have caused this Dedlaratian to be duly exeouted the date and year first aforesaid., RIDGEVIEW ESTATES, A Nebraska Partnership 1 by i P / rune by P rtne by Partner i by Partner - STATE OF RtBRASRA ) WASHINGTON COUNTY ) �` On this of 19 , came _day , A personally known to me to be the partners and spouses,of the partners of Ridgeview Estates, a Nebraska partnership and having., been first duly sworn, stated that they subsc ed the3 - -r signatures to the above, and t e.r g a res are their voluntary aot and deed_ - NOTARY B . uA. 6p rJt� ,IMP - f3 _ - f , ....: fill 03/2242005 16:28 4024266825 WASHINGTON CO CLERK 339 TO BE RE-RECORDED TO INCLUDE THU T,F-GAI- nESCRIPTTON. RIDGEVIEW E T S COVENANTS 69 F L f 91-V= AUG 25 - PM 2' 56 NASM04GTON "UNTYA CLLR Y . BLAIR. tjEsR. These covenants are to run with the land and shall, be binding on all present, and future, owners -of all or any part of the following described real estate: See Exhibit "A" In Washington County, Nebraska. All lots contained in said addition, excluding Lot 11 are and shall henceforth be owned, held, used, and conveyed,', subje 6 to the following conditions, restrictions, and covenants. A. Said lots shall be used only for single family residential . purposes except such to oirportions thereof as may thereaEtez be'conveyed or dedicated by the undersigned for. public, church, educational or non-profit recreational uses. B. No structures shall be erected, altered, placed or permitted to remain on any lot, other than one single family dwelling, not to exceed two stories 'in height, with attached_ garage f or not less than two cars, nor more than three cars. 140 dwellIng shall be of flat roof design. C. No residential structure shall be erected or placed . on any lot which has an area less than the pre9cribed minimum square .f ootage requirement f or RM Zoning, in ef f eat April 20, 1994. All ron'c yard, side yard and rear yard set back requirements conform to the Zoning ordinances of 'the City of Plair, Nebraska. PAGE 01/09. I qAr M CK AND FILED FOR PC rl• V. r 1 11, I rA P / AN AT COLIPIT"Y �OL 339 9 vi 5, PAGE 01/09. 03/22/2005 16:2e 4024266825 WASHINGTON CO CLERK PAGE 02/09 1094 D. No noxious or offensive 'trade or activity shall be carried on upon any lot--nor shall anythi ng be done there which may he or become an annoyance or nuisance to the neighborhood. No posters or advertising signs of any kind (except residential fyFor Sala" signs) shall be erected on any building lot. The above restriction as to signs does not apply to signs erected by the undersigned and its agents in the development and sale of the subdi No outside above-ground trash or garbage - piles, burners, receptaclas, or Incinerators shall be erected, placed or permitted on any building lot. All weeds and grass shall be kept out down to - a maximum height of eight inches above ground level. No down spouts, storm or surface drains shall be connected to sanitary sewers. No animals, livestock or pou of any kind shall be raised, bought, or.kGpt on said lots, except that dogs cats, or other household, pets are pexmjtted i _f they-are not kept, bred or maintained for any commercial purpose. All axca.va including utility trenches, shall be kept filled, compacted and maintained by the then owner of each lot and in no event W1.11 the - undersigned. - or its agents -arid associated entities be or become liable for such I ch work or maintenance or for any claims arising from such excavations- No material other than earth; sand, rock, or gravel shall be used as fill or ba,ckf ill on any lot. rAT ILI Of- - A COUNTY OPWASIVNGTO SS & &' 3 41F Wlr INDEX AND "In rosl#tvlo t-0 L A ,� OTOED LN BWK Z. C_n Tr C 2 A 340 CTY .694 % V. 03/22/2005 16:20 4024266825 WASHINGTON CO CLERK PAGE 03/09. . i 695 E. NO trailer, shack, barn, detached building, Or temporary structure shall be placed or erected on said real estate; except that one detached building no larder than. 12 x 14 matching the roof `design, color, and building material of the main residence may be Constructed on any.Lots. Only the main residential j structure may be occupied as a dwelling and such accupancr shall. i # not be permitted until all exterior construction is fully Completed. No building materials shall be placed on any.-16t } i until has started on the main residential structure. F.. No fences shall be erected in .front of the main . residential structure, except decorative fences no more than forty -two inches (42 11 ) in height, constructed of bric3c,. Wrought Iran, stone, or wood.. and being fifty percent (5o*) open. Side and rear yard fences shall not exceed six feet (61) in height and } may be constructed of chain link, brick, stone, wrought iron, or wood on all lots, except on Lots fifty through fifty-nine-, where the rear yard fences shall not exceed forty -two inches (42 in height and being fifty percent (50 %) open. a. The exposed front foundation walls and any exposed foundation walls facing any street must be constructed of _or faced with buck or other material approved by Ridgeview Estates Partners. All driveways must be- constructed of concrete,- brick, paving stone, or laid stone. All foundations shall be constructed of concrete, concrete blocks, brick or stone. Fireplace chimneys shall be covered with brick, or other material approved'in writing by Ridgeview Estates Partners. 3, 03122/2005 16:28 4024266825 WASHINGTON CO -CLERK IV - ;..;: 342 •Y PAGE 04/09 69 H A public sidewalk shall be constructed of concrete four (4) feet wide by four (4) inches thick in front of each lot and upon each street side oz each corner lot. The sidewalk shall be' placed five (5) feet back of the street curb line and shall be constructed by the owner 'of the Loot prior to the time of completion of the main structure and before occupancy thereof; t provided, however, this provision shall vary to comply with any requirements of - the City of Blair. 2. All telephone, electrical, and other utility lilies must be located underground. No outside radio o r television'• antennae, Tv Dish, or other electronic., antennae shall'ba erected on any building lot. J. The ground floor enclosed living area of main residential structures, exclusive .of opera porches, open breezeways, basements, and garages, shall be not less khan the following minijmum sizes on the .following lots: 1) Lots one through. nineteen and lots thirty through thirty four shall have JAD 'square feeti i inish.ed . living area for one story and split -level dwelljngs and 1800 - square feet of finished - living area-for one and one °half story dwellings and 2200 S q uare feet of finished living area for two story dwellings. 4 69 i %i . _ -- • . •. -- ' T is 03.'22/2005 16:28 4024266925 .WASHINGTON CO CLERK PAGE 05109 .Yp _. 2) Lots twenty throu,ri tw ®nty- -nitre and lots,: thirty- . five through fifty -nine shall have Boo square feet of finished living area for one story and i - split level dwellings and 2000 square of finished living area for one and one - half story dwellings and 2400 square feet of finished living area for two story dwellings. - 3) "Finished living area " -- shall be defined. -as finished'. Footage above -grade at the front yard and "finished living area" shall not be defined as Walk-out type basement area_ J_ No repair of boats, campers, automobiles trucks, . motorcycles,. or similar vehicles or similar will be permitted outside of the garage on aAy.1 lot� for any longer_ than forty -eight hours,. unless, an emergency. No garden, lawn or' maintenance equipment of.any kind shall be stored or permitted to remain outside of any dwelling except .when in actual use unless Completely screened from view from all other'lots in the addition. Garage doors shall have automatic openers. X_ NO boat, camper, trailer, auto -drawn o mounted trailer of any kind, mobile home, truck, aircraft, camper truck, or similar items shall be maintained or stored on any part of.a Sot (other than in an enclosed structure) for more - than forty -eight (48) continuous hours or more than twenty (20) days within any calendar year. 5 ,343 , - .6 9 03/22/2005 16:28 4024266825 WASHINGTON CO CLERK PAGE 06/09 344. 6 No motor trehicl.e may be Parked or stored outside on any lot, except moor vehicles driven on a regular basis by the occupants of the dwelling located on such lot. L_ A perpetual easement is hereby reserved in favor of and granted to The BLAIR TELEP11ONE COMPANY, CITY OF BLAIR, o.Z'.P,D., CABLE T.V. and PEOPLES NATURAL GAS, their successors and assigns, to erect and operate, maintain, repair renew underground utilities and their accessories and other instrumentalities for the supply of electric power, gas, sanitary sewer, storm sewer, water, telephone and cable TV under and upon a five foot (5 1 ) strip of land adjoining the front, rear, and side boundary lines of each of said lots in said addition. Said license being granted for the use and benefit of all present and future owners of lots in said addition. M. Mhese covenants, restrictions and conditions.shall run with the l and and continue until January 1., 20i4, after which' time they shall be automatically extended. for successive periods of ten years, unless an instrument signed by a majority of the owners of said land shall have been recorded in the office of - the e County clerk of Washington county, Nebraska, agreeing to amend,;, change, or terminate same in whole or in,part. _ 09/22/2005 16:28 4024266825 > 1 � i ✓ _ r T aanv f�orranr� _ fi rx� i WASHINGTON CO CLERK 'PAGE. 07/09 3 699 0/22x'2005 16:28 4024266825 WASHINGTON CO CLERK PAGE 08x IN W.T TIMSS WnEREOF, the Declarants have caused this _ Declarat -lon to he duly executed the data and year first aforesaid. I _ RIDGEVIEW ESTATES. A Nebraska PartneMshitp_ i by Partner by .C�p Partner STAVE OF NEBRASKA, ) sass WASHINGTON COUNTY ) J� On this ! day of 19 came r , : u JA Ale ✓t Personally known to me to be the partner, and spouses of. the Ji partners of Ridgeview Estates, a Nebraska partnership and. having been first duly sworn, stated that they subsc ed their signatures to the above., and t e r g a res are their voluntary act and deed. _ NOTARY P $LIC C � C. ENGBERCI - 4!..wm• �R �ovs _ - - 8 - 4 6 :i' Vii.: _ ' •r.•y . i;: ' . - ' ii +''(;,�, '• , r •;�' Vii'.'- •. • . 03/22/2005 16:28 4024266825 WASHINGTON CO CLERK LEGAL DESCRIPmjon U Tax .Lots 47 and S9 and also part of Tax Lot -0+0 tax lots locat in the SE 1J4 of the SW 1J4 of Section 1, 'lowngp 18 North, Range 11 East of the 6th ki.m „ Washington County, Nebraska, more particularly described as £ollowat Commencing at the South 1/4 of corner e.f sa.l,d Section 1, thence North .00 negre -o 11 )-!mutes 14 Seconds Wes n- t (aaum ed, bearing) eIong the East line of said SW 1/4 of Section If ra distance of 33.00 fleet to the point a£ intersaction of said East - line of the .SW 1/4 of Section 1 and the L'+'aaterl.y extension of the North right -of -way .line Of Adams Street, said point also being the Southeast corner of said Tax Lot 60 and said point also being the Point off beginning; thence North 09 Degrees 59 Minutea 33 Seconds West along said North right - of --way li.rtra of Adams Street alicl the Easterly exteinaioii thereof, said line also being the Soutlt line of said Tax %ot 59 rand the Easterly. Axtension thereof, a distance of 609.97 feet to the S corner of Tax Zot 17, a tax lot located said SW 1 /4 'of Section 1, said point also being the Southwest corner of said Tax Lot 59; thence North 00 Dagreea 00 Minutes 27 Seconds East along Elie East line of said Tax Lot 17 and also the East line of Tax Lots 44 ac1,d,.AS, tax lots located in said St: 1/4 of the SW 1/4 of Section 1, a ut of 300.00 feet to the Northeast corner of said Tax Lot _45,, ,tc)tencQ North 89 ]Degrees 59 Minutes 33 Seconds Westt alot.g tho Noattli.line of said Tax Lot 45, a distance of 147.15 feet to the North w¢$L.. corner of Bald Tax Lot 45, said point alsa h being te Northea8t corner of. said Tax Lot 47, thence South 00 Degrees 00 Minute>3 27 Seconda West along the East line of said _Tax Lot 47, said 11na also being the WOat lima of said Tax Lot 45 and 44, a di9ta11c*a of 193.00 feet to tha S corner of said Tax Z.ot 47, said point also being the SOUL)lwe -ut corner of said Tax Lot 44 ) thenca`2lortlt B9 Degrees 59 Minutes. 33 Seconds H®st along the South line of said Tax Lot 47, 'said line also being the 'North line oi' ` Tax Lots 66, 65, le.and 19, tax lots located is eaild Sg 1J4 of the SW 1/4 of Section I a distance OX 567_20 feet to they Southwest corner OP said Tax Lot 47, said point also being a Point on the West line of sa3,d SE 1/4 of the SW 1/4 of Section 1; thence North. 00 Degrees 18 Minutes 15 Seconds WoGL along said West line of the S3E 1/4.' of_, the SW 1/4 of Section 1, a distance of 807.31 feet; thence 38 Degrees 20 Minutes 53 Seconds East, a distance o£' 219-04 fm'-ti theliCer. Southeasterly on a curve to the left with a radius or- 67.0.00 feet, a distance of .6.49 foot, said curve having a long chord Which bears South 51 Degrees 57 Minutes 07 Seconds 13ast, -'distance of 6.49 feet; thence North 37 Degrees 44 Minute's 54 Seconds East, a distance of 3,35.00 feet; thence South H6 Degrees 64 Degrees 38 Seconds Last; A distance of 71.19 feete thence South 64 egr52 Minutes 43 Seconds East, a distance 71.19 feet;; thence South 73.Deyreeu 11 Minutes 48 Seconds Eas -t; a distance of 71.19 fe,Qt; thencm.South 7e Degrees 13 Minutes 08 Seconda East, .a distance- -E 79.22 feet; thence South 78 Degrees .l4'.MinuL•es .54• Seconds Eotrt, a distance of 478.40 feet; thence- Soutli 10 Degrees 13 Minutea-.07 'Seconds West, a distance of 134.87 foetj thenco )~asterly on a curve :too th left wiL•la a radius of 5UD.00 feet, a diereses of? 152. 44. £set•; said curve having a .long chord which'beara Soutlt - 89 Degrees 05, MlnuL•es 20 Seconds rasL, a distance of . 61 .73 feet; thence 'Erant.erly on a curve to the :right with a. radivar of 350. - o0 feet, a' distance of 50.14 feet, said curve- liaving a long chord Which bears Nort?a 85 Degrees 42 Minutes 30 Seconds East, a distance of 50,10 feet; thence North 89 Degrees 48 Minutes 45 Sacdnds'Eaat, a.disL•ance of 170 feet to a point on the East line, of eaid'Trax Lot 60, ®aid point ales being,a point on said Best line of the.sW _ 1/4 of Section 1; thence South 00 Degrees. 11 Minutes 14 Seconda East along said Eant line of flax Lot 60, said line-also being said East line of the SW 1/4 of Section If n distance of 855.00 feet to the point of beginning, less. 10th street right of way Also known as: Lots 1 -10 rand I2 -59 inclu�ivc, Ridgevie plaeC ,, Estster., a Subdivision as surveyed, ed .and recorded in Weghington County, Nebraska, ... ., PAGE 09/09 1 , 7. 0 1 �.r r 4024266825 WASHINGTON CO CLERK LEGAL DESCRIPmjon U Tax .Lots 47 and S9 and also part of Tax Lot -0+0 tax lots locat in the SE 1J4 of the SW 1J4 of Section 1, 'lowngp 18 North, Range 11 East of the 6th ki.m „ Washington County, Nebraska, more particularly described as £ollowat Commencing at the South 1/4 of corner e.f sa.l,d Section 1, thence North .00 negre -o 11 )-!mutes 14 Seconds Wes n- t (aaum ed, bearing) eIong the East line of said SW 1/4 of Section If ra distance of 33.00 fleet to the point a£ intersaction of said East - line of the .SW 1/4 of Section 1 and the L'+'aaterl.y extension of the North right -of -way .line Of Adams Street, said point also being the Southeast corner of said Tax Lot 60 and said point also being the Point off beginning; thence North 09 Degrees 59 Minutea 33 Seconds West along said North right - of --way li.rtra of Adams Street alicl the Easterly exteinaioii thereof, said line also being the Soutlt line of said Tax %ot 59 rand the Easterly. Axtension thereof, a distance of 609.97 feet to the S corner of Tax Zot 17, a tax lot located said SW 1 /4 'of Section 1, said point also being the Southwest corner of said Tax Lot 59; thence North 00 Dagreea 00 Minutes 27 Seconds East along Elie East line of said Tax Lot 17 and also the East line of Tax Lots 44 ac1,d,.AS, tax lots located in said St: 1/4 of the SW 1/4 of Section 1, a ut of 300.00 feet to the Northeast corner of said Tax Lot _45,, ,tc)tencQ North 89 ]Degrees 59 Minutes 33 Seconds Westt alot.g tho Noattli.line of said Tax Lot 45, a distance of 147.15 feet to the North w¢$L.. corner of Bald Tax Lot 45, said point alsa h being te Northea8t corner of. said Tax Lot 47, thence South 00 Degrees 00 Minute>3 27 Seconda West along the East line of said _Tax Lot 47, said 11na also being the WOat lima of said Tax Lot 45 and 44, a di9ta11c*a of 193.00 feet to tha S corner of said Tax Z.ot 47, said point also being the SOUL)lwe -ut corner of said Tax Lot 44 ) thenca`2lortlt B9 Degrees 59 Minutes. 33 Seconds H®st along the South line of said Tax Lot 47, 'said line also being the 'North line oi' ` Tax Lots 66, 65, le.and 19, tax lots located is eaild Sg 1J4 of the SW 1/4 of Section I a distance OX 567_20 feet to they Southwest corner OP said Tax Lot 47, said point also being a Point on the West line of sa3,d SE 1/4 of the SW 1/4 of Section 1; thence North. 00 Degrees 18 Minutes 15 Seconds WoGL along said West line of the S3E 1/4.' of_, the SW 1/4 of Section 1, a distance of 807.31 feet; thence 38 Degrees 20 Minutes 53 Seconds East, a distance o£' 219-04 fm'-ti theliCer. Southeasterly on a curve to the left with a radius or- 67.0.00 feet, a distance of .6.49 foot, said curve having a long chord Which bears South 51 Degrees 57 Minutes 07 Seconds 13ast, -'distance of 6.49 feet; thence North 37 Degrees 44 Minute's 54 Seconds East, a distance of 3,35.00 feet; thence South H6 Degrees 64 Degrees 38 Seconds Last; A distance of 71.19 feete thence South 64 egr52 Minutes 43 Seconds East, a distance 71.19 feet;; thence South 73.Deyreeu 11 Minutes 48 Seconds Eas -t; a distance of 71.19 fe,Qt; thencm.South 7e Degrees 13 Minutes 08 Seconda East, .a distance- -E 79.22 feet; thence South 78 Degrees .l4'.MinuL•es .54• Seconds Eotrt, a distance of 478.40 feet; thence- Soutli 10 Degrees 13 Minutea-.07 'Seconds West, a distance of 134.87 foetj thenco )~asterly on a curve :too th left wiL•la a radius of 5UD.00 feet, a diereses of? 152. 44. £set•; said curve having a .long chord which'beara Soutlt - 89 Degrees 05, MlnuL•es 20 Seconds rasL, a distance of . 61 .73 feet; thence 'Erant.erly on a curve to the :right with a. radivar of 350. - o0 feet, a' distance of 50.14 feet, said curve- liaving a long chord Which bears Nort?a 85 Degrees 42 Minutes 30 Seconds East, a distance of 50,10 feet; thence North 89 Degrees 48 Minutes 45 Sacdnds'Eaat, a.disL•ance of 170 feet to a point on the East line, of eaid'Trax Lot 60, ®aid point ales being,a point on said Best line of the.sW _ 1/4 of Section 1; thence South 00 Degrees. 11 Minutes 14 Seconda East along said Eant line of flax Lot 60, said line-also being said East line of the SW 1/4 of Section If n distance of 855.00 feet to the point of beginning, less. 10th street right of way Also known as: Lots 1 -10 rand I2 -59 inclu�ivc, Ridgevie plaeC ,, Estster., a Subdivision as surveyed, ed .and recorded in Weghington County, Nebraska, ... ., PAGE 09/09 1 , 7. 0 1 SELLER'S SETTLEMENT SHEET Date 10 -6 -05 Name of Seller- City Blair, Nebraska, a Municipal corporatat Address 21 S outh 16th, Blair, NE 68008 Property Lot 1 and Lots 37 through 49, Ridgeview Estates, an Addition to the City of Bla Washington County, Nebraska Debit Credit Saleprice -----------------------------------------------•----------------------------------------------- - - - - -$ $ 180,000.00 Earnest money, per sale agreement --------------------------------------- --------------------- Additional payment received prior to date of this statement________ _____ _________ Contract amount carried back by seller------------------------------------------------------ Existingmortgage- --------- - - - - -- ---------------------------------- - - - - -- - - - - -- ------- - - - - -- - - - - - -- Rebate of escrow fund- - - - - -- --- - - - - -- ---- - - - - -- --------------- Pro -rated insurance— unearned premium_______________________ __ ___________________________ Prorated real estate taxes— general----------------------------- -------- -- ----- --------- - - --- -- Pro -rated real estate taxes—special ------------------ _--------------------- _------ Intere st ad j ustm e n t ----- - - -- - -------------------------------------------•------------------------------ Pro -rated rent------------------------------------- - - - - -- --------------- - Recording Fees — Release of mortgage --------------------------------------- ___ ---------- Affidavit ---------------------------------- - - - - -- ----------------------- 2 Title Insurance ----- to- - Johnson & Mock 257.50 Landsurvey ------ - - - - -- ---------- _ - - - -- -------------- - --------------------------------- - - - - -- --- - - - - -- Appraisalfee -- ------------------------- - - ---------------- - -------- - - - - -- --- - - - - -- --------------- - -_ - -- Attorney's fees -_- t9 - Johnaon__$__Mock.._( prep ._,u- f_.lfeed..&._Tr-ans - - -St_ 1 60-00 Revenue stamps .... _--------------- _----------- exempt Commission ---- - - - -- --------------------------------- __ ---------------- 2 Closing Fee to Johnson & Mock 150.00 Debit balance buyer -------------------------------------------- __ _.-___- _- __---- _-- _- ..--- _ - - - -- __ 179,532.50 TOTALS Remarks Duplicate, original received, read and approved. CITY OF BLAI By: Form No. 101 -5 (Seller's) r r $ 180,000.00 $ 180, JOHNSON & MOCK , Attorne#s ler y i le K John on, an and Felton & Wolf, Walton, Ne. 68461. 1904 South Street, Suite 101 P.O. BOX 532 Blair, NE 68008 Phone: (402) 426 -9626 Fax: (402) 426 -9630 STATENMNT September 26, 2005 CITE' OF BLAIR c/o Geoffrey C. Fall 1664 Washington Street P.O. Box 215 Blair, NE 68008 Re: Lot 1 and Lots 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49, Ridgeview Estates, an Addition to the City of Blair, Washington County, Nebraska Seller: City of Blair, Nebraska Buyer: JOHAWK, L.L.C. Attorney Fees $ 60.00 Preparation of Corporation Quitclaim Deed and Transfer Statement Total Amount Due ... ............................... $ 60.00 1904 South Street, Shiite 101 P.O. Box 532 Blair, NE 68008 Phone: (402) 426 -9626 Fax: (402) 426 -9630 STATEMENT September 26, 2005 Geoffrey C. Hall 1664 Washington Street P.O. Box 215 Blair, NE 68008 Re: Commitment for Title Insurance OR5 -4037 Owners Policy: JOHAWK, L.LC. Loan Policy: Not Submitted Legal Description: Lot 1 and hots 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49, Ridgeview Estates, an Addition to the City of Blair, Washington County, Nebraska Owners Policy Premium Total Amount Due ...... ............................... $515.00 $515.00 Preuzium to be split equally between the Buyer and Seller. VGlll Ur. UVI IlYV VIV Htv'J IVI'JVlli YVG ICU 7UUV� VCI.J'JV - V:J �.4J, rCIL � jr, G;J Date._ Name of Seller 3k_Cit -_of Blair, Nebraska, a Muni CoMpratat Address __ 16th. Blair, HE 21 Se .-.. 16t_..__.,...� Lot i and Lots 3 through 499 Ridgeview Estates, an Additio to the City of glair, Prop erty_.. . -- .,�.�, Debit Credit Sale price .. ...... .. ...................,... ................................ - -- -- --- -$ $ 18 01000 .00 Earnest money, per sale agrees ient ............................ ............................... Additional payment received prier to date of this statement .................. .... Contract amount carried back by seller._ ........... _ ..................................... - — Existingmortgage.__ ........ ... ---- ........... ... ............ .................... Rebate of escrow fund - - - - -- ------ - - - - -- ----------------------------------------------------- -- Pro -rated insurance -- unearned premium.... .................. ........... ................. Prorated real estate taxes---gene ....................._. ._.... ........................ Pro•roted real estate t© xes--- specini ...... _ ..................... ............................... - - -- — interestcdjustment....----.-•------------------- -- -- ---- ------ ------- •------- ___ .................... Pro -rated rent------ - -_ -_- - -_- Recording Fees --- Release of mortgoge - - - -- ----------------------- . Affidavit ........--•----------------------•..---.... ............. ................. I Ti-ti Yns�ax t ..., to John nn Hock 257.60 Land survey .... ........................ .................... ...................... ................. ....... .. _ Appraisal fee ----- - - - - -- ---------------------------------- ----------------------------------------- ...__ ...._... —. Attorney's fees _h._ c k-- (Prep__ cLf_.1W.d.A._Tr-ans—St. }._........ --- 6d1.OKI- Revenue stamps ........... ... exemp Commission ---- ----------- -- _ ....................................... ............................... j Closing Fee to Johnson i FAock 150.O0 Debit bulunce buyer.__.. ------ 179,532.50 TOTALS $ 180.0oo.00 $ 180400 Remarks Duplicate, original received, read and approved. CITY OF BLAI ME0 JOHNSON K, attorneys at Lair __......,.....,>w._...,.. _ Seller By: B Seiler y Nile R. Johnson Fwm 46, 161 -3 Huffman and relton & Wolf Walton, Ne. 6801 V Ci IL_ VY. .. FIIVVVIV NIVV IilVlr l�� VVC `4EV REAL ESTATC CLOS R h BUYER'S SETTLEMENT SHEET hiQmc of auyer.,,._Jy L..L.C. Address 238 South 13th S tmt,. Tekarah. 9!6861 Prop Lot 1 and L 37 through 49, Ridgeview Estates, an Addition to the Ci of Blair, gashi.ngton C!qg , _ r aska Debit Credit P urchase price ......... -- ............................................................................ 1 80,000.00 $ Earnest money paid with signing of purchase agreernent ..... ..... .... .. ... _- - - -. Additional payment made prior to date of this Statement__ --------------------- To reirriburse broker For earnest money advanced ....................... .........._.__... Cold mortgage as surned-- .............................................. .._.....- ...----------- -..... New mortgage .... ___ ...- •-- ....- •-- - -•... - - - - - -- .................... ----- ------- - - - - -• ----------- Contract with seller ---- ___ ...... --------------- ------------------------ -_ - - -- - •- •--------- • - __ Loan closing costs-.. ----- .............. ___ ... ................... - - - - - -- ------------ Prorated insurance, or new Insurance premium... ................................ ------ Pro-toted real estate taxes• j general------------------------------------------------------------ Pro -fated real estate tuxes --- special ........... ° .................. ................•-- „--- - -_.__ - Pro - rated rent ----------•----. ............................... ............................... ........ -- Replacement, or new escrow fund deposited with mortgage holder ...... _.__.__ - -.- Interest adjustment . .............. : .................. ......................... . . . . .. _... _ .. _.., TaxAdjustment -------------•---_-----•----.- ...... ....... .............................................. _— Recording fees 12 = ITitle Ins „us; .... ? n$!l.... �5.......... ............................... Appraisal .................. ...... - ---- -- - - - -- ------- .--• ............ ....-.,... - - - -- - - - -- �.._...,.._..._.. _ ..,— Attorney fee ........................................... ............................... Creditreport ...... .......... _.........,.........._...................... ............................... i . C)Qs Fee to Johnson & lack _ 150.00 Credit balance seller ............ ................ .._.......................................... 180 419 .s ..__ TOTALS $ 1809419.56 $ 180,419.54 Remarks Duplicate, original teceived, read and approved. JOMWK, L.L.C. JOHNSON & M CK, Attorneys at Law ._ Buyer By. loka,(8uyerei Lizabeth N. Hall, KeaW rBuyer 8y e - K. ohnso� Hultman and ;efton 9 Wolf, Walton, 4e. 68461 e of July 28, 2005 Bernard F. Hall 8162 North Carolyn Drive Tucson, AZ 85704 RE: Purchase Agreement — Lots in Ridgeview Estates Dear Mr. Hall, Enclosed are two (2) copies of the above agreement for your signature. After signing, please return both copies to our office. A fully executed agreement will be returned to you at a later date and you will be contacted regarding a closing date. 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,blaicne.us �. NOTICE OF PROPOSED SALE The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on July 26, 2005, passed and approved Ordinance No. 2043 providing for the sale of the following described real estate: Lot 1 and Lots 37 through 49, Ridgeview Estates, City of Blair, Washington County, Nebraska The above - described real estate is being sold to Bernard F. Hall, pursuant to the terms and conditions of the real estate agreement between Bernard F. Hall and the City of Blair, Nebraska. The purchase price for the above - described real estate is One Hundred Eighty Thousand Dollars ($180,000.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 2043, 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 ORDINANCE NO. 2043 AN ORDINANCE APPROVING THE SALE OF LOT 1 AND LOTS 37 THROUGH 49, RIDGEVIEW ESTATES, 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. SECTION 1. That the Mayor is hereby authorized to execute and deliver a Agreement(s) For Sale of Real Estate, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the sale of the real estate from the City of Blair, 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 26th day of July, 2005. CITY OF BLAIR, NEBRASKA B 1� JA S . REALPH, MAYOR ATTEST: BRENDA R. WHEELER, City Clerk (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting 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 the City of Blair, Nebraska, held on the 26th day of July, 2005. n BRENDA R. WHEELER REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT made this day of J (4 1u , 2005, by and between the City of Blair, Nebraska, a Municipal Corporation, herei fter referred to as "Seller ", and JoHawk L.L.C., hereinafter referred to as "Purchaser ". WITNESSETH: Seller agrees to sell and convey to the Purchaser by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, as follows: City of Blair, Ridgeview Estates - Lot 1 and Lots 37 through Lot 49 the said Purchaser agrees to purchase said property on the following terms and conditions: The purchase price therefore is agreed to be the sum of $180,000.00, 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 Purchaser shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said real estate for a storm sewer and any other utilities on said real estate. The Purchaser 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 Purchaser's sole expense and pursuant to Seller's specifications. The Purchaser 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 Purchaser 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 Purchaser requests, Seller shall provide to the Purchaser a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Purchaser. 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 Purchaser. The Purchaser is purchasing the premises "as is ". The Purchaser 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 Purchaser. Under no other circumstance shall the Purchaser 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 ATTEST: s BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BY , "—� -,, C R �= J ES REALPH, MAYOR ., On this 2 day of t.GC' l , , 2005, before me, the undersigned a Notary Public, duly commissioned and quali ied 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. NOTARY PUBLIC OFAERAL NOTWRY S of nS KATHERINE ®. QNE My Comm. Do. JUne 17, 2 ' Purchaser: JoHawk, L.L.C. ATE OF Q ) ) :ss: - COUNTY ) On this day of , 2005, before me, the undersigned a Notary Public, duly commissioned a d qualified for in said county, personally came Bernard F. Hall, Authorized Representative of JoHawk, L.L.C., Purchaser, 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 Purchaser- TnAaxxrlr T T r 2 SE NOTARY PAUL 0. 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