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2008-03-17 betty sylviaTO QE FILED Real Estate Tramp"" WITh REGISTER a Read instructions c OF DEEDS tement FORM YRlFc. 7- 74'®RF Arri1DATC1 V & -^te ®o even 1 County Name 2 County Number 3 Date of Sale 4 Date of Deed (2)❑ Multi- Family (5) ❑ Agricultural Mo. Day Yr. Mo. Day Yr. 5 Grantor's Name, Address, and Telephone (Please Print) 6 Grantees Name, Address, and Telephone (Please Print) Grantor's Name (Seller) Grantee's Name (Buyer) ❑ Sheriff - 1 Executor -Quit Claim Street or Other Mailing Address Street or Other Mailing Address _ City State Zip Code City State Zip Code Telephone Number Telephone Number 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C also if property is mobile home. ' (A) Status I (6) Property Type (2)❑ Unimproved (2)❑ Multi- Family (5) ❑ Agricultural (3)❑ IOLL (3)❑ Commercial 8 Type of Deed ❑ Warranty ❑ Sheriff - 1 Executor -Quit Claim ❑ Conservator ❑ Partition tv/ L_I rkt7LIedUUndl tuI U minerai inceresrs- (9) LJ State Assessed (1) U Mobile Home 7) [1 Mineral Interests- Producing ( Nonproducing (10) E] Exempt ❑ Mineral ❑ Cemetery ❑ Trust ❑ Other 10 Type of Transfer El 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) E] YES ❑ NO ❑, 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 El NO $ v Ul — 1—yall— UIVIUC d LUIIeIIL Pdf LCl UI IdllUr d/ M­ YES ❑NO OYES ❑ NO Address of Property 20 Legal Description Was sale through a real estate agent? (if Yes, name of agent) 19 Name and Address of Person to Whom Tax Statement Should be Sent 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed ............. ............................... 22 23 Was nonreal property included in purchase? ❑ YES ❑ NO (if Yes, enter amount and attach itemized list) .. 23 $ 7777 24 Adjusted purchase price paid for real estate (line 22 minus line 23) . ............................... 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. 25 ® Print or Type Name of Grantee or Authorized Representative sign here F Signature of Grantee or Authorized Representative Title Telephone Number Date L. REGISTER OF DEEDS' USE ONLY FOR NDR USE ONL) 26 Date Deed Recorded 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 Mo. Day Yr. Nebraska Department of Property Assessment & Taxation Authorized by Sections 76- 214,77 -1327, R.R.S. 1943 °orm No. 2- 146 -67 Rev. 12 -00 Supersedes 2- 146 -67 Rev. 9 -94 NEBRASKA DEPARTMENT OF REVENUE — White Copy COUNTY ASSESSOR — Canary and Pink Copies GRANTEE — Goldenrod Copy .ed with soy ink on recycled paper That part of Lot 2, Block 81, Third Addition to the City of Blair, a subdivision as surveyed, platted and recorded in Washington County Nebraska, described as follows: Beginning at a 5/8" rebar at the southeast corner of said Lot 2; Thence South. 89 0 57'12" West (assumed bearings) for 33.36 feet along the south line of said Lot 2; Thence North 01 0 06'14" West for 35.28 feet to a point on the west right of way line of the abandoned Chicago & Northwestern Railroad and the east line of said Lot 2; Thence South 44 0 00'12" East for 49.00 feet along said west right of way line to the Point of Beginning. THIS PART OF LOT 2 IS NOW KNOWN AS LOT 11, BLOCK 81, THIRD ADDITION Contains 588 square feet. e/ OASHINWAI COUNTY, STATE O F NEBRASKA 13 0 O A (S) /43 . fta dAerV NEBRASKA DOCUMENTAR STAMP TAX Da te 2008 PPP - 4 PM 3: 4 U elf :- -G ' I., P1. lvr!r,D S RE IS] EFL 0'F HEDS BL ,AIR, I'E BETTY SYLVIS, Grantor, in consideration of ONE DOLLAR ($1.00) and satisfaction of bond provisions, receipt of which is hereby acknowledged, quitclaims and conveys to CITY OF BLAIR, Grantee, the following described real estate (as defined in Neb. Rev. Stat. 76- 201) in Blair, Washington County, Nebraska: That part of Lot 2, Block 81, Third Addition to the City of Blair, a subdivision as surveyed, platted and recorded in Washington County Nebraska, described as follows: Beginning at a 5/8" rebar at the southeast corner of said Lot 2; Thence South 89 0 57'12" West (assumed bearings) for 33.36 feet along the south line of said Lot 2; Thence North 01 0 06'14" West for 35.28 feet to a point on the west right of way line of the abandoned Chicago & Northwestern Railroad and the east line of said Lot 2; Thence South 44 0 00'12" East for 49.00 feet along said west right of way line to the Point of Beginning. THIS PART OF LOT 2 IS NOW KNOWN AS LOT 11, BLOCK 81, THIRD ADDITION Contains 588 square feet. Executed: d �0 � 0 2008. BETTY SY IS STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) dhe foregoing instrument was acknowledged before me on the day of W A t - C- , 2008 by BETTY SYLVIS. MEML NMARY - Stato of INtra8ka BRENDA n. VA-VEEL t Mycomm.EV. June 2o , zo NOTARY PUBLIC f 1 0 M R OT RB LEGEND PROPERTY LINE CORNERS SET (5/8" REBAR WITH 1 1/4", YELLOW PLASTIC CAP STAMPED LS -561) CORNERS FOUND COMPUTED CORNER MEASURED DIMENSIONS RECORD DIMENSIONS OPEN TOP PIPE REBAR EXHIBIT D { I { 120 34 — — L/) 0 0 - O o_ u1 Colfax Street 1J ff a, c Rot of eey r i I Ip 1 -00 8900, Io NN I { C' 1 O LO �� �0,�'' O 1 1 2000' _ Z - —� - Point of - - S89 °58'10 "W S89'57'12 "W�_ 01 240 00' _ - Q G� - - alley - - 33.36' - Beginning J L .11 1]7 R S>t 213 'Sm�7_ ,.E1SS @Cle�xt'5..�nc. WN "V.LRA- 1NC.C'OM drawn by: JLK designer: TLW LD _ job number - teaks: M071139 ZZ 45' West7Sodge Road, 5uife 100 (Ph) 402 496 2498 date: December 7, 2007 Omaha, Nebrash 68154 -2027 (Fax) 402 496.2730 book: 05056 page: 54 file name: 071139.dwg I w I I \ \ I Vl w l Ln ' O W I N 00 1 4 41 cri I I � 3r I Ip 1 -00 8900, Io NN I { C' 1 O LO �� �0,�'' O 1 1 2000' _ Z - —� - Point of - - S89 °58'10 "W S89'57'12 "W�_ 01 240 00' _ - Q G� - - alley - - 33.36' - Beginning J L .11 1]7 R S>t 213 'Sm�7_ ,.E1SS @Cle�xt'5..�nc. WN "V.LRA- 1NC.C'OM drawn by: JLK designer: TLW _ job number - teaks: M071139 West7Sodge Road, 5uife 100 (Ph) 402 496 2498 date: December 7, 2007 Omaha, Nebrash 68154 -2027 (Fax) 402 496.2730 book: 05056 page: 54 file name: 071139.dwg LEGAL DESCRIPTION (Exhibit D) That part of Lot 2, Block 81, Third Addition to the City of Blair, a subdivision as surveyed, platted and recorded in Washington County Nebraska, described as follows: Beginning at a 5/8" rebar at the southeast corner of said Lot 2; Thence South 89 0 57'12" West (assumed bearings) for 33.36 feet along the south line of said Lot 2; Thence North 01 °06'14" West for 35.28 feet to a point on the west right of way line of the abandoned Chicago & Northwestern Railroad and the east line of said Lot 2; Thence South 44 0 00'12" East for 49.00 feet along said west right of way line to the Point of Beginning. Contains 588 square feet. January 4, 2008 LAMP, RYNEARSON & ASSOCIATES, INC. L:\ SURVEY \071139 \TEXT\0711391g1.dwg MI • 4 north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09 1 49 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41 "E 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 0 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the, City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right-of-way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 P.M., Washington ,County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence Page 2 of 4 1, r • 9 7 NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest '/ of the southeast '/ to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 °41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8 . parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9th Street projected south; thence N 02 0 33'14' W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast'/ of Section 11, township 18 North, Range 11 East of the 6th P.M., said tract being 10 feet in width running .north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3 and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning containing 0.08 acres more or less. WHEREFORE, the Court hereby enters its Order for Default Judgment in favor of the Plaintiff and against Defendants, Union Pacific Railroad Company, a Utah corporation; John Doe and Jane Doe; and all other persons and finds that Plaintiff is entitled to take legal title to the real estate indicated above. Page 3 of 4 ME Date this -Nay of 2007 BY THE COURT Honorable Darvid D. Quist District Court Judge Page 4 of 4 rtWiffil • 12 10 11 1 :' STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) COMES NOW the undersigned, being first duly sworn on oath, and hereby deposes and states as follows: 1. That my name is Allen R. Schoemaker, and I am the Director of Public Works for the City of Blair, Nebraska and state that I am over the age of majority, that I am under no legal disability, and I have personal knowledge of the following facts and the City of Blair lays claim to the following described real estate: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 °22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 °31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line of Eleventh Street thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the Southeast % of the southwest % of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 °30'45 "W, 80.13 feet on the Page 1 of 7 north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 0 25'41 "E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast .corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6" P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence Page 2 of 7 OM ME NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest 1 / of the southeast V/ to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right-of-way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 4633" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 61h P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 4633 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 0 46'33" E, 72.49 feet on said West line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9th Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast Y4 of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in Width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 ° 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 2. That the Defendant Union Pacific Railroad Company has filed a written Disclaimer, disclaiming any interest in the real estate described in Paragraph 1 hereinabove. 3. That the Plaintiff, or its predecessors in title, its representatives and agents, have Page 3 of 7 984 maintained the land described in Paragraph 1 hereinabove, and otherwise has claimed ownership of the same for more than ten (10) continuous years. 4. That to the best of my knowledge, even though there are persons who may claim or appear to have some claim in, right or title or lien upon the real estate described in Paragraph 1 above, no such persons have directly advised me of their claim, nor have any such persons claimed title by adverse possession or otherwise, nor have they had actual, continuous, exclusive, notorious or adverse possession under claim of ownership of the right -of -way property, under claim of title for more than ten (10) years. 5. That no other Defendant has Answered or Replied to Plaintiff's Second Amended Complaint and 30 days have passed since the last Notice of Publication was printed in the Enterprise Publishing Newspaper. 6. That the Plaintiff and its predecessors in title have had open, notorious, exclusive, continuous, adverse, and actual possession for more than ten (10) years of the following described property: Parcel Number. 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 1h P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 0 15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 2226" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 °31'22" W, 34.69 feet On said north line; thence N 46 °22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 °15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast Y4 of the southwest Y4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said Page 4 of 7 n e A ME right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 "E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 0 2226 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 °38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second. Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: . Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest '/4 of the southeast 1 /4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said Page 5 of 7 E• _ •; southwest quarter southeast quarter; thence S 02 °46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6" P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of=way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast' /4 of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair.in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot.1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 7. That the City of Blair desires that title to the real estate, described in Paragraph 1 hereinabove, be quieted and confirmed in Plaintiff as against each of the Defendants and against all persons having or claiming any interest in said real estate, real names unknown, and that each of them be enjoined forever from asserting any claim of interest in said real estate, or any portion thereof. Page 6 of 7 W WE THE CITY OF BLAIR, NEBRASKA, Plaintiff B J ,,i ALLAN R. SCHOEMAKER, Director of Public Works 2007. Subscribed and sworn to before me this 2 day of W , LW10,17', )�, � M Notary Public GBJ9iAl NOTARY - SfzQe of Nebiaska �i , BRENDA n. WHEELER ::.. My Comm. Exp. Juna 20, 20 Page 7 of 7 ME Ili . 7, 9 78 north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 °09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41 "E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 0 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 1h P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence Page 2 of 4 MNI e. NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest Y4 of the southeast Y4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 1h P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 th Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast % of Section 11, township 18 North, Range 11 East of the 6` P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" W, 82.16 feet on the north line of said Lots; thence S 46 0 18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. WHEREFORE, the Court hereby enters its Order for Default Judgment in favor of the Plaintiff and against Defendants, Union Pacific Railroad Company, a Utah corporation; John Doe and Jane Doe; and all other persons and finds that Plaintiff is entitled to take legal title to the real estate indicated above. Page 3 of 4 !off t t. Date this ��,ay of Az � , 2007 BY THE COURT Honorable Darvid D. Quist District Court Judge Page 4 of 4 r s, Plaintiff, 9" UNION PACIFIC RAILROAD COMPANY, A Utah Corporation; JOHN DOE and JANE DOE, ET Al, Defendants. STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) AFFIDAVIT COMES NOW the undersigned, being first duly sworn on oath, and hereby deposes and states as follows: 1. That my name is Allen R. Schoemaker, and I am the Director of Public Works for the City of Blair, Nebraska and state that I am over the age of majority, that I am under no legal disability, and I have personal knowledge of the following facts and the City of Blair lays claim to the following described real estate: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6" P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast Y4 of the southwest % of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the Page 1 of 7 ME north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 0 25'41 "E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 0 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 1h P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 11 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence Page 2 of 7 •,,_ WE NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest Y4 of the southeast Y4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 °23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46° 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 4633" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 °33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast Y4 of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 0 18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 2. That the Defendant Union Pacific Railroad Company has filed a written Disclaimer, disclaiming any interest in the real estate described in Paragraph 1 hereinabove. 3. That the Plaintiff, or its predecessors in title, its representatives and agents, have Page 3 of 7 :. r maintained the land described in Paragraph 1 hereinabove, and otherwise has claimed ownership of the same for more than ten (10) continuous years. 4. That to the best of my knowledge, even though there are persons who may claim or appear to have some claim in, right or title or lien upon the real estate described in Paragraph 1 above, no such persons have directly advised me of their claim, nor have any such persons claimed title by adverse possession or otherwise, nor have they had actual, continuous, exclusive, notorious or adverse possession under claim of ownership of the right -of -way property, under claim of title for more than ten (10) years. 5. That no other Defendant has Answered or Replied to Plaintiff's Second Amended Complaint and 30 days have passed since the last Notice of Publication was printed in the Enterprise Publishing Newspaper. 6. That the Plaintiff and its predecessors in title have had open, notorious, exclusive, continuous, adverse, and actual possession for more than ten (10) years of the following described property: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast % of the southwest Y4 of Section 12, Township 18 North, Range 11 East of the 6` P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said Page 4 of 7 M right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41" E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest Y4 of the southeast Y4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said Page 5 of 7 WE 98(.0 southwest quarter southeast quarter; thence S 02 °46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6" P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast Y4 of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 0 18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 °55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 7. That the City of Blair desires that title to the real estate, described in Paragraph 1 hereinabove, be quieted and confirmed in Plaintiff as against each of the Defendants and against all persons having or claiming any interest in said real estate, real names unknown, and that each of them be enjoined forever from asserting any claim of interest in said real estate, or any portion thereof. Page 6 of 7 987 THE CITY OF BLAIR, NEBRASKA, Plaintiff By ' Z.- ALLAN R. SCHOEMAKER, Director of Public Works Subscribed and sworn to before me this '. day of 0 CJ6&/ -, , 2007. P u b lic Ar- Notary GDM NOTARY - Site of Nebraska BRENDA n. �'UWEELER My Comm. Exp. June 20, 20� Page 7 of 7 M Blair Abstract & Title Company Serving Washington County Since 1925 TITLE OFFICE 1904 South Street, Suite 107 Blair, NE 68008 Phone: (402) 426 -4844 Fax: (402) 426 -4811 David O'Hanlon, Manager CLOSING OFFICE 706 South 19 Street Blair, NE 68008 Phone: (402) 426 -9191 Fax: (402) 426 -9166 Tami Johnson, Manager April 10, 2007 Geoffrey Hall Attorney at Law 1664 Washington Street Blair, Nebraska 68008 Dear Geoff: Enclosed is the revised legals and an explanation sheet showing what needs to be changed. As you can see most of the corrections are minor but when it comes to surveys they have to be correct to the smallest degree. I don't know how you want to go about this. Perhaps you could just use our legals for an exhibit or perhaps you want us to type out the form. Either way if you have any questions please do not hesitate to ask. Since y ours, Dav O'Hanlon Parcel Number 1: A tract of land located in the SETA of the SWIA of Section 12, T18N, R1 1 E of the 6 P.M., Washington County, Nebraska, being more particularly described as follows: Referring to the Northwest Corner of said Lot 6, Block 82 Third Addition to the City of Blair; thence S 02 °15'54" E 106.95 feet on the west line of said lot to the Point of Beginning, said point being on the northerly right of way line of the abandoned C &NW Railroad right of way; thence S46 °22'26" E, 267.08 feet on said right of way line to the North line of Colfax Street; thence S 87°31'22" W 34.69 feet on said North line; thence N 46 °22'26" W, 217.24 feet to the East line of Eleventh Street; thence N 02 °15'54" W, 35.92 feet_ on said East line to the Point of Beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the SE 1 /4 of the SW 1 /4 of Section 12, T18N, RI lE of the 6 P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Northeast Corner of Lot 1, Block 81, Third Addition the City of Blair; thence S 87 °30'45" W 80.13 feet on the North line of said block to the Point of Beginning, said point being on the easterly right of way line of said railroad; thence S 46 °22'26" E, 117.02 feet on said right of way line to the East line of said block; thence S 03 °09'49" E, 55.09 feet on the East line of said block; thence S 87 °36'58" W, 86.57 feet on the North right of way line of the platted alley in said block to the westerly right of way line of said railroad; thence N 46 °22'26 "W, 193.23 feet on said right of way line to the North line of said block; thence N 87 °30'45" E, 138.75 feet on said North line to the Point of Beginning, containing 0.41 acres more or less. Parcel Number 3: A portion of Lots 1, 2 and 3, Block 70, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; thence S 02 °25'41" E, 139.76 feet on the East line of said lot to the Southeast Corner thereof; thence S87 °35'20" W, 27.67 feet on the South line of said lot to the Westerly right of way line of the abandoned C &NW Railroad right of way; thence N 46 0 22'26" W, 194.35 feet on said right of way line to the North line of said Lot 3; thence N 87°38'09" E 162.54 feet on the North line of said lots to the Point of Beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Southwest Corner of said lot; thence East 13.44 feet on the South line of said lot; thence Northwesterly 18.35 feet on the northerly right of way line of the abandoned C &NW Railroad to the West line of said lot; thence South 12.51 feet on said west line.to the Point of Beginning, containing 84.0 Square feet more or less. Parcel Number 5: A tract of land in the Southeast 1 /4 of the Northeast 1 /4 in Section 11, Township 18 North, Range 11 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 10, Second Addition to the City of Blair, thence North on the Northerly extension of the East line of said Lot 1, 74.13 feet to the Southerly right of way line of Park Street; thence West 71.57 feet on said right of way line to the Westerly right of way line of the abandoned C &NW Railroad; thence southeasterly 103.02 feet on said railroad right of way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Southwest corner of said SW 1 /4 SE 1 /4; thence N 02° 46'33" W (assumed bearing), 709.01 feet on the West line of said SW 1 /4 SE 1 /4 to the Southerly right of way line of said Railroad and the Point of Beginning; thence S 46° 23'02" E 381.17 feet on said railroad right of way line to the centerline of South Creek; thence N 48° 41'59" E, 50.20 feet on said centerline to the centerline of said Railroad right of way; thence N 46° 23'02" W, 43 8. 11 feet to the west line of said SW 1 /4 SE 1 /4; thence S 02° 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Southwest Corner of said Southwest 1 /4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing), 853.99 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the northerly right of way line of said railroad and the Point of Beginning, thence S 02 46'33" E 72.49 feet on said West line to the centerline of said Railroad; thence S 46° 23'02" E, 730.78 feet on said centerline to the Easterly right of way line of 9 th Street projected south; thence N 02 33'14" W 72.20 feet on said projected right of way line to the Northerly right of way line of said railroad; thence N 46° 23'02" W 731.18 feet on said right of way line to the Point of Beginning, containing 0.84 acres more or less. On order for default judgment: Tract 1 — OK as is Tract 2 — OK as is Tract 3 — add "of said lot" as shown in bold italics Tract 4 — To correct what is on order to match the legal on the revised survey the distance 18.55 should be "1.8.35" as shown in bold italics and the word southerly should be changed to "northerly" as shown in bold italics Tract 5 — OK as is Tract 6 — Was left out again. �J Tract 7 - To correct what is on order to match the legal on the revised survey the words "on said centerline" shown in bold italics should be added. C Tract 8 — The word "and" shown in bold italics should be added in. The letter `B" shown in bold italics should be used instead of the W. Tract 9 — No longer exists. It has been incorporated into tracts 7 and 8. So do not use Tract 9 in the order NOTE for Tracts 7, 8 and 9. Originally, these were 3 separate tracts. When the revised survey was done tract 9 was merged with tracts 7 and 8 so that tract 9 no longer exists separately. However, the drawing on the revised survey does not match the legal description on said survey. The new legal descriptions work just fine as they incorporate what was Tract 9, giving half to Tract 7 and half to Tract 8. However, on the drawing portion of the survey he does not show the old Tract 9 as being incorporated into Tracts 7 and 8. The Surveyor's Office will not approve a survey when the legal descriptions and the drawing do not match. Therefore, you could use the legal descriptions for Tracts 7 and 8 with our corrections shown above for the court order. However, at some point you will need to have the survey redone by your surveyor so our surveyor's office will accept it. One further note: Legal description for Tract No. 1 on revised survey (which is Tract 47 above) on the last distance call of 72.49 it should state "feet" after the distance of 72.49. Tract 10 — OK as is Tract 11— OK as is Tract 12 — OK as is P� �`. Did not check any other legal descriptions in Order or in Affidavit. Parcel Number 10: A tract of land located in the Northeast %4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running North and South between Tax Lots 373, 374, 508, 206 and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the Southwest 1 /4 of Section 12, Township 18 North, Range 1 lEast of the 6 t ' P.M., Washington County, Nebraska, lying south and east of a straight line drawn from the Northeast Corner of said Lot 1 to the Southwest Corner of said Lot 1. Parcel Number 12: A portion of Lots 1, 2, 3 and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast corner of said Lot 1; thence S 87° 30'36" W 82.16 feet on the north line of said Lots; thence S 46° 18'56" E 119.60 feet to the east line of said Lot 1; thence N 02°55'40" W 86.29 feet on said east line to the Point of Beginning, containing 0.08 acres more or less. For Your Information: There was an additional survey for part of Lots 1, 2 and 3 in Block 53 done by Chad Marsh (Kirkham Michael) at the same time as the other surveys. It was also marked as railroad right of way acquisition. This legal description was not included in the petition. When comparing the surveys to the cadastral maps some distances were different. However, no determination was made as to whether the calls an d distances are exactly correct. Parcel lumber 2: A tract of land located in the SE' /4 of the SW 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Northeast Corner of Lot 1, Block 81, Third Addition the City of Blair; thence S 87 °30'45" W 80.13 feet on the North line of said block to the Point of Beginning, said point being on the easterly right of way line of said railroad; thence S 46 °22'26" E, 117.02 feet on said right of way line to the East line of said block; thence S 03 1 09'49" E, 55.09 feet on the East line of said block; thence S 87'36'58" W, 86.57 feet on the North right of way line of the platted alley in said block to the westerly right of way line of said railroad; thence N 46 °22'26 "W, 193.23 feet on said right of way line to the North line of said block; thence N 87 °30'45" E, 138.75 feet on said North line to the Point of Beginning, containing 0.41 acres more or less.. (As shown on survey as prepared by Chad W. Marsh, L.S. #560 dated June 9, 2006) IN THE DISTRICT COURT O F W ) 1 Plaintiff, Vs. UNION PACIFIC RAILROAD COMPANY, A Utah Corporation; JOHN DOE and JANE DOE; and all other persons having or claiming any interest in and to: Parcel Number 1 : A portion of Lotp 6, 7, 8, 9, and 0, a a portion of the v fated alley adj fining said lots, all in lock 82, Third Add ion to the City of lair, Washingto County, Nebra ka, being more particularly scribed as olows: Referrinc to the northwe t corner f said Lot 6; thence S 0216' "E, 1 6.95 feet on the west line of said I t the point of beginning, said po t being on the northerly right -of a line of, the abandoned C& Rai oad right -of -way; thence S46 22' 6"E, 26 08 feet on said right -of -way one to the s th line of said Lot 10; the ce S87 31'22" 34.69 feet on the sout line of said Lots 9 nd 10; thenc N4ginning, 6"W, 217.24 feet to th west of sack; thence NO2 15'54" 35.92 fee on aid west line to the poin of be containing 0.14 acres ore or less. Parcel Number 2 : A tract of land located i the Southeast 1/4 of the southwest 114 of Section 12._Towns 18 North, Range 11 " East of the 'o� P M , Washington County, Nebraska, said tract being a portion of the : abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair hence S87 "W, 80.13 feet on the tt' h line of said Block to the point of beginning, said point being on tip AMENDED PETITION e t ) n ) ) Page 1 (Quiet Title) r3 [ easterly r1uht-of-way line of said railroa thence S46 i d right-of-way line to the east line' '6 Block; thence SOS 09'49"E, 55.09 feet on the east line of said Block;,thence S8f36 86.57 feet on the north right-of-way line of the platted alley in said block to the westerly right-of-way line of said railroad; thenc;,N40'22'26"W, 193.23 feet on said right-of-way line to the north line of said Block; thence N87 138.75 feet on said line to the point of beginning, containing 0.41 acres more or Parcel Number 3: A portion f otsI Blal � ashington dounty, braska being more rticularly describe as follows: beginn! g at the northeas corner of said the east li e to the sout east corner thereof; th nce S87 35' 0"W, 27.67 feet on the south li of said ot to the westerly F Ay Railroad right f-w - thence 45 22 194.35 feet on i right-of-way line to the north line of sai ot 3; thence N87 38'09"E, 162 4 feet on the north line of said lots to th �oint of beginning, containing 0.31 crbs more or less. 33, original to n site, ity of Blair, N\ea ka Ci� s Beginning a the southwe t corner of said lot; thence ast 13.4 feet the south line of said lot; hence northwes erly, 18.55 feet abandone C&NW Railroad to e west line e west' of said lo ; thence south, 12.51 et on said west line to the point of beginnin containi g 84.0 square feet more less. Parcel umber 5: A portion of Lot 1, lock 10, Jor ensen s 2 Addition fio�t CI of _ Page Parcel Number 1: A portion of Lots 6, 7 and 8 and a portion of the vacated alley adjoining said lots, all in Block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Northwest Corner of said Lot 6; thence S 02'15'54" E 106.95 feet on the west line of said lot to the Point of Beginning, said point being on the northerly right of way line of the abandoned C &NW Railroad right of way; thence S46 °22'26" E, 267.08 feet on said right of way line to the South line of said Lot 8; thence S 87°31'22 W 34.69 feet on the South line of said Lot 8; thence N 46 °22'26" W, 217.24 feet to the West line of said block; thence N 02 °15'54" W, 35.92 feet on said West line to the Point of Beginning, containing 0.14 acres more or less. (As shown on survey as prepared by Chad W. Marsh, L.S. #560 dated ) Explanation: The survey is in error. Block 82, Third Addition, City of Blair, has only 10 / platted lots. Lots 9 and 10 are east of the abandoned railroad right of way. o left out r� the degree ° sign on all of the calls (which does not make the legal description wrong but V ,! is" 'merely a technicality). • • IN THE CITY OF BL AIR, NEBRASKA, -) CASE NO. Cl 06 -163 1 Plaintiff, ) Vs. ) UNION PACIFIC RAILROAD COMPANY, A ) Utah Corporation; JOHN DOE and JANE ) DOE; and all other persons having or ) claiming any interest in and to: ) Parcel Nu� m� ber 1: A portion of Lots 6, 7, 8, ) and 10 nd a portion of the vacated ) alley adjoining said lots, all in block 82, ) Third Addition to the City of Blair, ) Washington County, Nebraska, being more ) particularly described as follows: Referring ) to the northwest corner of said Lot 6; ) thence S 0215'54 "E, 106.95 feet on the ) west line of said lot to the point of ) beginning, said point being on the ) northerly right -of -way line of. the ) abandoned C&NW Railroad right -of -way; ) thence S46P22'26 "E, 267.08 feet on said ) ft -,of-way line to the south line of said ) Lot 10• hence S87 "W, 34.69 feet on ) die south line of said Lots 9 and 10; them - - -- �o N46 "W, 217.24 feet to the west -6f ) said Block; thence N0115'54 "W, 35.92 feet ) on the said west line to the point of ) beginning, containing 0.14 acres more or ) less. ) Parcel Number 2 : A tract of land located in ) the Southeast 1/4 of the southwest 1/4 of ) Section 12, Township 18 North, Range 11 ) East of the 6 P.M., Washington County, ) Nebraska, said tract being a portion of the ) abandoned C &NW Railroad right -of -way, ) being more particularly described as ) follows: referring to the northeast corner ) of Lot 1, Block 81, Third Addition to the ) City of Blair,; thence S87 3045 "W, 80.13 ) feet on the north line of said Block to the ) point of beginning, said point being on the ) (Quiet Title) Page 1 i 4 w, Page 1 Parcel Number 4: A portion of Lot 15, Block 33, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Southwest Corner of said lot; thence East 13.44 feet on the South line of said lot; thence Northwesterly 18.35 feet on the northerly right of way line of the abandoned C &NW Railroad to the West line of said lot; thence South 12.51 feet on said west line to the Point of Beginning, containing 84.0 Square feet more or less.. (As shown on survey as prepared by Chad W. Marsh, L. S. #560 dated June 9, 2006) Explanation: The survey refers to the southerly right of way line of the abandoned railroad right of way when actually it should refer to the northerly right of way line. This legal description does not include the whole triangle of abandoned railroad right of way as shown on the cadastral map but only a small corner of this triangle. t s c® r sterly right -of -way line of said railr d; tit ce S46 22'26 °'E, 117.02 feet of s 'd righ of -way line to the east line of aid Block; hence S03 09'49 "E, 55.09 eet on the east lin of said Block; thence S87 36'58 W, 86.57 feet on th north right -of -wa line of the pla d alley in said block to the esterly righ of -way line of said railroad; ence N4 22'26 "W, 193.23 feet on said rig t -of -w line to the north line of said Bloc ; the ce N87 30'45 "E, 138.75 feet on sai . n rth line to the point of beginning, cont 'Wing 0.41 acres more or less. 1 Parcel N umber 3• A rtion of Lots 1, 2, and 3, Block 70, origi I town site, City of Blair, Washing on Cou ty, Nebraska being more particul rly descri ed as follows: beginning at .he northeas corner of said Lot 1; then ` S02 25'41 "E, 39.76 feet on the east li to the southea corner thereof; t ence S87 35'20 "W, 7.67 feet on the lout line of said lot to the westerly right -of way line of the abando ed C &NW Railro d right -of -way; thence 45 226 "W, 194. feet on said right -of -way li a to the no line of said Lot 3; thence N8 38'09 "E, 162.54 feet on the no line of 'said lots to the point of beginning\ ntaining 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot- ce northwesterly, 18.55 feet on t southerly ight -of -way line of the aban o e W Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Numb 5: Aortion of Lot 1, Block 10, Jorgensen's Addition to the City of Blair, Washington 664mt y, Nebraska, being Page 2 Parcel lumber 5: A tract of land in the Southeast' /4 of the Northeast 1 /4 in Section 11, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 10, Second Addition to the City of Blair, thence North 74.13 feet on the East line extended of said Lot; thence West on the North line extended of said Block 10 a distance of 71.57 feet thence southeasterly along the Northeasterly line of said Lot 1 a distance of 103.02 feet to the point of beginning. (As shown on survey as prepared by Chad W. Marsh, L.S. #560 dated ?Explanation: This parcel is in Block 10 in the Second Addition to the City of Blair not r' Jorgensen's Second Addition to the City of Blair (there is no Jorgensen's Second Addition in Blair). Also regarding Lot 1, Block 10, Second Addition, this lot was never platted as a rectangular piece of ground. The lot was originally platted as it is shown on the cadastral map, therefore, the legal description for parcel number 5 cannot state that it is a portion of 4 _ Lot 1. The northeast corner of Lot 1 is marked in red on the cadastral map. What the ".'' survey description refers to as the northeast corner is incorrect. easterly right -of -way line of said railroad; ) thence S46 22'26 "E, 117.02 feet of said ) righ of -way line to the east line of said ) Bloc' • thence S03 na -rIV c 5,500. font n the ) V.7 Yd C , ■ Mar.. east I e of said Block; thence ) S8736 8 "W, 86.57 feet on the no ) right -of- ay line of the platted all in said ) block to he westerly right -of -w line of ) said railr ad; thence N46 22'2 W, 193.23 ) feet on sad right -of -way line o the north ) line of sai Block; thence N 30'45 "E, ) 138.75 feet n said north li a to the point ) of begi min , containing 0 41 acres more or ) less. ) Parcel Num 3: A po . i(on of Lots 1, 2, ) and 3, Block 7 , origin town site, City of ) Blair, Washing n Co nty, Nebraska being ) more particularl de cn ed as follows: ) beginning at the o heast corner of said,) Lot 1; thence S02 '41 "E 139.76 feet on ) the east line to th outheast corner ) thereof; thence S 7 5'20 "W, 27.67 feet on ) the south line of said of to the westerly ) right -of -way lin of th abandoned C &NW ) Railroad right- f -way; t ence 45 22'26 "W, ) 194.35 feet on said right of -way line to the ) north line of aid Lot 3; t ence ) N87 38'09 "E 162.54 feet o the north line ) of said lots o the point of ginning, ) containing .31 acres more r less. ) Parcel Nu ber 4: A portion o Lot 15, Block ) 33, origi I town site, City of \eU ) Washing on County, Nebraska ) more pa icularly described as: ) Beginn' g at the southwest c said ) lot; th nce east 13.44 feet on th line ) of sa' lot; thence northweste5 feet ) on t e southerly right -of -way e ) ab doned C &NW Railroad to the we line ) of aid lot; thence south, 12.51 feet on aid ) w st line to the point of beginning, ) c ntaining 84.0 square feet more or less. ) Parcel Number 5: A portion of Lot 1, Block ) 10, Jorgensen's 2nd Addition to the City of ) Blair, Washington County, Nebraska, being ) Page 2 J y more particularly described as follows: ) Beginning at the northeast corner of said ) lot; thence west 71.57 feet on the north of ) said lot; thence southeasterly 103.02 feet ) to the east line of said lot; thence north ) 74.13 feet on said east line to the point of ) beginning, containing 0.06 acres more ) or less. ) Parcel Number 6: Lot 1 of Bloc 81, Third ) Additi n to the City of Blair in ection 12, ) Towns 'p 18 North, Range 1 East of the ) 6th P.M. ) Parcel Number 7: A tract o land located in ) the southw st 1/4 of the �`outheast 1/4 of ) Section 12, ownship 1 •North, Range 11 ) East of the 6 P.M., Wa hington County, ) Nebraska, sal tract b ing a portion of the ) abandoned C& W Ra' road right -of -way, ) being more part cula ly described as ) follows: Referri t the southwest corner ) of the southwest of the southeast 1/4; ) thence NO2 46'33" (assumed bearing), ) 709.01 feet on the est line of said ) southwest 1/4 of a southeast 1/4 to the ) southerly right -o -wa line of said railroad; ) thence S46 23'0 "E, 8 .32 feet on said ) railroad right -of way li a to the easterly ) right -of -way of ine of 1 t " Street, City of ) Blair, and the l4oint of b inning; thence ) continuing S4 23'02 "W, 99.85 feet on ) said right -of- ay line to t centerline of ) South Creek; hence N48 4 '59 "E, 50.02 ) feet on said c nterline to th centerline of ) said railroad ight -of -way; t ence ) N46 23'02 "W 351.09 feet tot a easterly ) right -of -way f said street; th nce ) S00 30'52 "W 68.48 feet on sai , street ) right -of -way line to the point o beginning, ) containing 0 37 acres more or I s. ) Parcel Num er 8: A tract of land ocated in ) the southwe t 1/4 of the southea 1/4, of ) Section 12, i &NW ownship 18 North, Ra ge 11 ) East of the " P.M., Washington Co nty, ) Nebraska, s id tract being a portion f the ) abandoned Railroad right -of- ay, ) Page 3 Parcel Number 8: A tract of land located in the Southwest l/4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way being more particularly described as follows: Referring to the Southwest Corner of said Southwest 1 /4 of the Southeast %4; thence N 02 °46'33" W (assumed bearing), 853.99 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the northerly right of way line of said railroad; thence S 46 °23'02" E, 87.07 feet to the easterly right of way line of l O Street, City of Blair and the Point of Beginning; thence S 02 °44'51" E, 72.46 feet on said street right of way line to the centerline of said railroad right of way; thence S 46 0 23'02" E, 643.76 feet on said centerline to the easterly right of way line o 9` Street, City of Blair; thence N 02 °33'l 4" W, 72.20 feet on said right of way to the no er y rig o way of said railroad; thence N 46 °23'02" W 644.12 feet on said right of way line to the Point of Beginning, containing 0.74 acres more or less. Ex� r; the J/ . J ��CVe t i ore particularly described as follows: inning at the northeast corner of sai CY lot; hence west 71.57 feet on the north f said t; thence southeasterly 103.02 " et to the st line of said lot; thence n' h 74.13 fe t on said east line to the p int of beginnin containing 0.06 acres ore or less. Parcel Num er 6: Lot 1 of Bloc 81, Third Addition to t e City of Blair in ection 12, Township 18 orth, Range 1 East of the 6 th P.M. Parcel Number : A tract o land located in the southwest 1/ of the outheast 1/4 of Section 12, Town ip 1 North, Range 11 East of the 6t P.M. W hington County, Nebraska, said trac ing a portion of the abandoned C &NW R ilroad right -of -way, being more particul described as follows: Referring o e southwest corner of the southwest /4 of the southeast 1/4; thence NO2 46'3 'W (as umed bearing), 709.01 feet on t e west I e of said southwest 1/4 f the sou east 1/4 to the southerly rig -of -way lin of said railroad; thence S46 2 '02 "E, 81.32 et on said railroad rig -of -way line to the easterly right -of -wa of line of 10 S. eet, City of Blair, and he point of begin 'ng; thence continui g S46 23'02 "W, 299. 5 feet on said rig t -of-way line to the ce terline of South reek; thence N48 41'59 'E, 50.02 feet o said centerline to the ce terline of said ailroad right -of -way; thenc N46 3'02 "W, 351.09 feet to the ea terly rig t -of -way of said street; thence S 30'52 "W, 68.48 feet on said stye t ri ht -of -way line to the point of begin ing, ontaining 0.37 acres more or less. Parcel Number 8: A tract of land located in the southwest 114 of the southeast 1/4, of Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, Page 3 i being more particularly described as ) follows: Referring to the southwest corner ) of said southwest 114 of the southeast 1/4; ) d1,.. 1110 wcr3�rr \A► /.. .„,.. 4. �nwi ia% thence 1 & '!V 3 rr la bear engh / 853.99 feet on the west.line of said ) southwest 1/4 of the southeast 1/4 to the ) northerly right -of -way line of said railroad; ) thence S46 23'02 "E, 87.07 feet to the ) easterly right -of -way line of 10 Street, City ) of Blair and the point of beginning; thence ) S02 44'51 "E, 72.46 feet on said street ) right -of -way line to the centerline of said ) railroad right -of -way; thence S46 23'02 "E, ) 643.76 feet on said centerline to the ) easterly right -of -way line of 9 Street, City ) of Blair; thence NO2 33'14 "W, 72.20 feet on ) said right -of -way to the northerly right -of- ) way of said railroad; thence N46 23'02 "W, ) 644.12 feet on said right -of -way line to the ) point of beginning, containing 0.74 acres ) more or less. ) Parcel Number 9: A tract of land to ted in ) th\Rai st 114 of the southea t 1/4 of ) Seownship 18 North f the 6 ) P.Mgton County, Ne raska, said ) traportion of the abandoned ) C &ad right -of -w , being more parescr ibed as llows: referring ) to the south est corner of said southwest ) 1/4 of the sout east 114 thence ) NO2 46'33 "W (as ume bearing), 709.01 ) feet on the west 1 e f said southwest 1/4 ) of the southeast 1 to the southerly right- ) of -way line of said r ilroad and the point of ) beginning; thenc co tinuing NO2 4633 "W, ) 144.99 feet on s id we line to the ) northerly right of -way lin of said railroad; ) thence S46 1,772.46 02 "E, 87.07 et on said right- ) of -way line the easterly ri t -of -way line ) of 10 Stre City of Blair; the e ) S02 44'51' feet on said s eet right- ) of -way; ence S00 30'52 "W, 68.48 eet on ) said str et right -of -way line to the s th ) right- -way line of said railroad; then e ) N46 '02 "W, 81.32 feet on said right -o ) way to the point of beginning, containing ) Page 4 Parcel Number 9: A tract of land located in the Southwest 1 /4 of the Southwest 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Southwest Corner of said Southwest 1 /4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing), 709.01 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the southerly right of way line of said railroad and the Point of Beginning; thence continuing N 02 °6'33" W, 144.99 feet on said West line to the northerly right of way line of said railroad; thence S 46 °3'02" E, 87.07 feet on said right of way line to the easterly right of way of 10 Street, City of Blair; thence S 02 °4'51" E, 72.46 feet on said street right of way; thence S 00'0'52" W 68.48 feet on said street right of way line to the South right of way line of said railroad; thence N 46 °23'02" W 81.32 feet on said right of way to the Point of Beginning, containing 8560.4 square feet, more or less. i b ing more particularly described s ) fo ws: Referring to the south st corner ) of s 'd southwest 114 of the utheast 1/4; ) 111VM, •Vi YV J Yr �Qa IIA cu u V .. '"Uh I 853.99 f ton the west.li a of said ) southwest 14 of the so theast 114 to the ) northerly rig t -of -wa ine of said railroad; ) thence S46 23 "E 7.07 feet to the ) easterly right -of- y. line of 10 Street, City ) of Blair and the o t of beginning; thence ) S0244 '51 "E, 7 .46 fe ton said street ) right -of -way I' a to the centerline of said ) railroad right -of -way; th ce S46 23'02 °E, ) 643.76 fee on said center a to the ) easterly r ght -of -way line o t" Street, City ) of Blair/thence NO2 33'14 "W, 2.20 feet on ) said ri ht -of -way to the northe I right -of- ) way f said railroad; thence N46 3'02 "W, ) 644 2 feet on said right -of -way lin to the ) po' t of beginning, containing 0.74 cres ) re or less. ) Parcel Number 9: A tract of land located in ) 11 the southwest 1/4 of the southeast section 12, Township 18 North of the 6 th ) �} P.M. Washington County, Nebraska, said ) tract being a portion of the abandoned ) C &NW Railroad right -of -way, being more ) particularly described as follows: referring ) to the southwest corner of said southwest ) 114 of the southeast 1/4; thence ) NO2 46'33 "W (assumed bearing), 709.01 ) feet on the west line of said southwest 1/4 ) of the southeast 114 to the southerly right - of -way line of said railroad and the point of ) beginning; thence continuing NO2 4633 "W, ) 144.99 feet on said west line to the ) northerly right -of -way line of said railroad; ) thence S46 23'02 "E, 87.07 feet on said right- ) of -way line to the easterly right -of -way line ) of 10 Street, City of Blair; thence ) S02 44'51 "E, 72.46 feet on said street right- ) of -way; thence S00 30'52 "W, 68.48 feet on ) said street right -of -way line to the south ) right -of -way line of said railroad; thence ) N46 23'02 "W, 81.32 feet on said right -of- ) way to the point of beginning, containing ) Page 4 8560.4 square feet, more or less. Parc Number 90: A tract of land ;loca d in then heart 1/4 of Section 11, wnshil 18 North, nge 11 East of the L.M., said tract bein 10 t in wi th running north and south ex Lots 373, 374, 508, 206, andd Section 11 and between Wrignd Jackson Street all within thlair, Washington Coun ka. r ,vumAer 77. i fat p rtion of Lot One of Block 84, Thipd Additio to the City of Blair in the so hwest quarter of Section 12, Townshi 18 North Range 11 East of to the 6 th P.M. in Blair Washing County Nebraska ing south and east o a straight line dra from the north east co er of said to o the south west corner of aid lot. Defendants. Comes now the Plaintiff and for its cause of action against the Defendants, states and alleges as follows: 1. That the Plaintiff is a political subdivision of government within the State of Nebraska 2. That the Plaintiff seeks to become the record title owner of the following described real estate, to -wit: Parcel Number 9 : A portion of Lots 6, 7,'8, 9, and 10, and a portion of the vacated alley adjoining said lots, all in block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the northwest corner of said Lot 6; thence S 02 15'54 "E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned C &NW Railroad right -of -way; thence S46 22'26 "E, 267.08 feet on said right -of -way line to the south line of said Lot 10; thence S87 31'22 "W, 34.69 feet on the south line of said Lots 9 and 10; thence N46 22'26 "W, 217.24 feet to the west of said Block; thence NO2 15'54 "W, 35.92 feet on the said west line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the Southeast 1/4 of the southwest 1/4 of Section 12, Township 18 North, Range 11 East of the 6th Page 5 Parcel Number 3: A portion of Lots 1, 2 and 3, Block 70, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; thence S 02 °25'41" E, 139.76 feet on the East line to the Southeast Corner thereof; thence S87 °35'20" W, 27.67 feet on the South line of said lot to the Westerly right of way line of the abandoned S &NW Railroad right of way; thence N 46 °22'26" W, 194.35 feet on said right of way line to the North line of said Lot 3; thence N 87 °38'09" E 162.54 feet on the North line of said lots to the Point of Beginning, containing 0.31 acres more or less.. (As shown on survey as prepared by Chad W. Marsh, L.S. #560) t` 64-Sterly right -of -way line of said railr d; ) the a S46 2226 "E, 117.02 feet o aid ) right -o way line to the east lin of said ') Block; th YJ57fe 9'49 "E, .09 feet on the ) east line ck; . nce ) S87 36'58 fe on the north ) right -of -wa platted alley in said ) block to right -of -way line of said railre. 46 22'26 "W , 193.23 feet on s -wa 'ne to th 'd e north ) line of s Block; thence 7 30'45 "E, ) 138.7 eet on said north line the point ) of egi.nning, containing 0.41 ac to . more or ). ss. ) Parcel Number 3: A portion of Lots 1, 2, ) and 3, Block 70, original towrsite, City of ) Blair, Washington County, Nebraska being ) more particularly described as follows: ) beginning at the northeast corner of said ) Lot 1; thence S0f25'41 "E, 139.76 feet on ) the east line to the southeast corner ) thereof; thence S8735'20 "W, 27.67 feet on ) the south line of said lot to the westerly ) right -of -way line of the aband ed C &NW ) P Railroad right -of -way; thence 5 2'26 "W,� )a° 194.35 feet on said right -of -way line o the ) north line of said Lot 3; thence ) MV38'09 "E, 162.54 feet on the north line ) of said lots to the point of beginning, ) containing 0.31 acres more or less. ) Par u mber 4: A (ea Lot 15, Block ) 33, origi a town sitBlair, ) Washington unty, ,being } more particular des follows: Beginning at the s u orner of said lot; thence east 13. he south line of said lot; thence nrly, 18.55 feet ) on the southerly ight -o ay line of the ) abandonId Raiiroa to the west line ) of said loe south, 1 . 1 feet on said west line oint of begin ing, containiquare feet mo or less. Parcel N A portion of Lo 1, Block 10, Jorge" Addition to the ity of Blair, Wa County, Nebraska, being ) - Page 2 Parcel Dumber 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska. more part cu rly describ as follows: ) Beginning at t nort ast corner of said ) lot; thence west keet on the north of °) said lot; thenc .. 1terly 103.02 feet ) to the east Ii of sa' thence north 74.13 fe et n said ea to the point of beginn' g, containin acres more ) or lesgi ) Parcel Number 6: Lot 1 of Block 81, Third ) Addition to the City of Blair in Section 12, ) Township 18 North, Range 11 East of the ) 6 th P.M. Parcel N tuber 7: A tract of land ocated in ) the south est 1/4 of the southe st 1/4 of ) Section 12, Township 18 Nort , Range 11 ) East of the t P.M., Washing n County, ) Nebraska, sa d tract being a ortion of the ) abandoned C NW Railroad right -of -way, ) being more pa icularly de cribed as ) follows: Referri g to the outhwest corner ) of the southwest 1/4 of t e southeast 1/4; ) thence NO2 46'33' (as umed bearing), ) 709.01 feet on the es line of said ) southwest 1/4 of th s utheast 1/4 to the ) southerly right -of -w line of said railroad; ) thence S46 23'02 "E, 1.32 feet on said ) railroad right -of -w I ne to the easterly ) right -of -way of lin of 0 th Street, City of ) Blair, and the poi 0t of eginning; thence ) continuing S46 2 '02" 299.85 feet on ) said right -of -wa line to he centerline of ) South Creek; th nce N4 41'59 "E, 50.02 ) feet on said ce terline to he 'centerline of ) said railroad right -of -way; hence ) N46 23'02 "W, 51.09 feet to the easterly ) right -of -way f said street; t ence ) S00 30'52 "W 68.48 feet on s 'd street ) right -of -way line to the point beginning, ) containing .37 acres more or ss. ) Parcel Nu ber 8: A tract of Ian located in ) the south est 114 of the southe t 114, of ) Section 1 , Township 18 North, ange 11 ) East of t e 6 th P.M., Washington ounty, ) Nebrask , said tract being a portin of the ) abandoned C &NW Railroad right -o -way, ) -° Page 3 Parcel Number 10: A tract of land located in the Northeast I /4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running North and South between Tax Lots 373, 374, 508, 206 and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Explanation, This legal description is okay as is. g F l ).4 square feet, more or less. ) Parcel Number 10: A tract of land located ) in the northeast 1/4 of Section 11, Township - ) 18 North, Range 11 East of the 6 P.M., ) said tract being 10 feet in width running ) north and south between Tax Lots 373, ) 374, 508, 206, and 371 of said Section 11 ) and between Wright Street and Jackson ) Street all within the City of Blair, ) Washington County, Nebraska. ) Parcel NumbX t portio of Lot One ) of Block 84, ition the City of ) Blair in the s qu rter of Section ) 12, Townshiange 11 East of ) the 6 t " P.M. ihington County, Nebraska lyia east of a straight line drawn frrth ast corner of said lotto thest c rner of said lot. ) De ndants. ) Comes now the Plaintiff and for its cause of action against the Defendants, states and alleges as follows: 1. That the Plaintiff is a political subdivision of government within the State of Nebraska. 2. That the Plaintiff seeks to become the record title owner of the following described real estate, to -wit: Parcel Number 1 : A portion of Lots 6, 7, 8, 9, and 10, and a portion of the vacated alley adjoining said lots, all in block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the northwest corner of said Lot 6; thence S 02 15'54 "E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned C &NW Railroad right -of -way; thence S46 2226 "E, 267.08 feet on said; right -of -way line to the south line of said Lot 10; thence S87 31'22 "W, 34.69 feet on the south line of said Lots 9 and 10; thence N46 2226 "W, 217.24 feet to the west of said Block; thence NO2 15'54 "W, 35.92 feet on the said west line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast 1/4 of the southwest 1/4 of Section 12, Township 18 North, Range 11 East of the 6 t " Page 5 Parcel Number 11: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the Southwest V4 of Section 12, Township 18 North, Range 1 lEast of the 6 t ' P.M., Washington County, Nebraska, lying south and east of a straight line drawn from the Northeast Corner of said Lot 1 to the Southwest Corner of said Lot 1. Explanation: This, legal description is I okay. NOTE: Part of this lot has already been dedicated as Tenth Street as recorded in Record Book 455, Pages 683 -684. See copy. s 8560.4 X h feet, more or S. ) Parcel r 10: A tra of land located ) in the st 1/4 o action 11, Township') 18 None 1 ast of the 6 th P.M., ) said trn feet in width running north etween Tax Lots 373, 374, 5, an 371 of said Section 11 and beWrig Street and Jackson Street in the ity of Blair, Washi ounty, ebraska. ) Parcel Number 11 :That portion of Lot One ) of Block 84, Third Addition to the City of ) Blair in the southwest quarter of Section ) 12, Township 18 North Range 11 East of ) the 6 t " P.M. ' Washington County, ) Nebraska lying south and east of a straight ) line drawn from the north east corner of ) said lot to the south west corner of said lot. ) Defendants. ) Comes now the Plaintiff and for its cause of action against the Defendants, states and alleges as follows: 1. That the Plaintiff is a political subdivision of government within the State of Nebraska. 2. That the Plaintiff seeks to become the record title owner of the following described real estate, to -wit: Parcel Number 1 : A portion of Lots 6, 7, 8, 9, and 10, and a portion of the vacated alley adjoining said lots, all in block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the northwest corner of said Lot 6; thence S 02 15'54 "E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned C &NW Railroad right -of -way; thence S46 22'26 "E, 267.08 feet on said. right-of-way line to the south line of said Lot 10; thence S87 31'22 "W, 34.69 feet on the south line of said Lots 9 and 10; thence N46 22'26 "W, 217.24 feet to the west of said Block; thence NO2 15'54 "W, 35.92 feet on the said west line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast 1/4 of the southwest 1/4 of Section 12, Township 18 North, Range 11 East of the 6 t " Page 5 O I 140.0' 0 mr o / Cb O tH I � I O to 140.20' w to m -o _ 140.10 A q I�j y o n° T O I Cf O ELEVENTH 140.0' 0 mr o / Cb O tH I � I O to 140.20' to m -o _ 140.10 A Cf O ELEVENTH ,O N �r o _ n� 1�C s .. r STREET p' 68.7,1 3d 1 15 .o 0-1 T . - O nO mr / y I � I ,O N �r o _ n� 1�C s .. r STREET p' 68.7,1 3d 1 15 .o 0-1 T . - O nO Parcel Number 1: A portion of Lots 6, 7 and 8 and a portion of the vacated alley adjoining said lots, all in Block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Northwest Corner of said Lot 6; thence S 02 °15'54" E 106.95 feet on the west line of said lot to the Point of Beginning, said point being on the northerly right of way line of the abandoned C &NW Railroad right of way; thence S46 °22'26" E, 267.08 feet on said right of way line to the South line of said Lot 8; thence S 87°31'22 W 34.69 feet on the South line of said Lot 8; thence N 46 °22'26" W, 217.24 feet to the West line of said block; thence N 02'15'54" W, 35.92 feet on said West line to the Point of Beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the SE 1 /4 of the SW 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Northeast Corner of Lot 1, Block 81, Third Addition the City of Blair; thence S 87 °30'45" W 80.13 feet on the North line of said block to the Point of Beginning, said point being on the easterly right of way line of said railroad; thence S 46 °22'26" E, 117.02 feet on said right of way line to the East line of said block; thence S 03 °09'49" E, 55.09 feet on the East line of said block; thence S 87 °36'58" W, 86.57 feet on the North right of way line of the platted alley in said block to the westerly right of way line of said railroad; thence N 46 0 22'26 "W, 193.23 feet on said right of way line to the North line of said block; thence N 87 °30'45" E, 138.75 feet on said North line to the Point of Beginning, containing 0.41 acres more or less. Parcel Number 3: A portion of Lots 1, 2 and 3, Block 70, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; thence S 02 °25'41" E, 139.76 feet on the East line to the Southeast Corner thereof; thence S87 °35'20" W, 27.67 feet on the South line of said lot to the Westerly right of way line of the abandoned S &NW Railroad right of way; thence N 46 °22'26" W, 194.35 feet on said right of way line to the North line of said Lot 3; thence N 87 °38'09" E 162.54 feet on the North line of said lots to the Point of Beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Southwest Corner of said lot; thence East 13.44 feet on the South line of said lot; thence Northwesterly 18.35 feet on the northerly right of way line of the abandoned C &NW Railroad to the West line of said lot; thence South 12.51 feet on said west line to the Point of Beginning, containing 84.0 Square feet more or less. Parcel Number 5: A tract of land in the Southeast 1 /4 of the Northeast 1 /4 in Section 11, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 10, Second Addition to the City of Blair, thence North 74.13 feet on the East line extended of said Lot; thence West on the North line extended of said Block 10 a distance of 71.57 feet thence southeasterly along the Northeasterly line of said Lot 1 a distance of 103.02 feet to the point of beginning. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Southwest corner of the Southwest 1 /4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing) 709.01 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the southerly right of way line of said railroad; thence S 46 °23'02" E, 81.32 feet on said railroad right of way line to the easterly right of line of 10 Street, City of Blair, and the Point of Beginning; thence continuing S 46 °23'02" W, 299.85 feet on said right of way line to the centerline of South Creek; thence N 48 °41'59" E, 50.02 to the centerline of said railroad right of way; thence N 46 °23'02" W, 351.09 feet to the easterly right of way of said street; thence S 00 °30'52" W, 68.48 feet on said street right of way line to the Point of Beginning, containing 0.37 acres more or less. Parcel Number 8: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way being more particularly described as follows: Referring to the Southwest Corner of said Southwest 1 /4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing), 853.99 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the northerly right of way line of said railroad; thence S 46 °23'02" E, 87.07 feet to the easterly right of way line of 10 Street, City of Blair and the Point of Beginning; thence S 02 °44'51" E, 72.46 feet on said street right of way line to the centerline of said railroad right of way; thence S 46 0 23'02" E, 643.76 feet on said centerline thence N 02'33'14" W, 72.20 feet on said right of way to the northerly right of way of said railroad; thence N 46 0 23'02" W 644.12 feet on said right of way line to the Point of Beginning, containing 0.74 acres more or less. Parcel Number 9: A tract of land located in the Southwest 1 /4 of the Southwest 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Southwest Corner of said Southwest % of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing), 709.01 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the southerly right of way line of said railroad and the Point of Beginning; thence continuing N 02 °6'33" W, 144.99 feet on said West line to the northerly right of way line of said railroad; thence S 46 °3'02" E, 87.07 feet on said right of way line to the easterly right of way of 10 Street, City of Blair; thence S 02 °4'51" E, 72.46 feet on said street right of way; thence S 00 °0'52" W 68.48 feet on said street right of way line to the South right of way line of said railroad; thence N 46 °23'02" W 81.32 feet on said right of way to the Point of Beginning, containing 8560.4 square feet, more or less. Parcel Number 10: A tract of land located in the Northeast 1 /4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running North and South between Tax Lots 373, 374, 508, 206 and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the Southwest 1 /4 of Section 12, Township 18 North, Range 11East of the 6th P.M., Washington County, Nebraska, lying south and east of a straight line drawn from the Northeast Corner of said Lot 1 to the Southwest Corner of said Lot 1. Parcel Number 7: A tract of land located in the Southwest' /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Southwest corner of the Southwest 1 /4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing) 709.01 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the southerly right of way line of said railroad; thence S 46 °23'02" E, 81.32 feet on said railroad right of way line to the easterly right of line of l O Street, City of Blair, and the Point of Beginning; thence continuing S 46 °23'02" W, 299.85 feet on sa ,p ht of _ way line to the centerline of South Creek; thence N 48 °41'59" E, 50.02 Q zar'c eenterlie � to the centerline of said railroad right of way; thence N 46 0 23'02" W, 351.09 feet to the easterly right of way of said street; thence S 00 °30'52" W, 68.48 feet on said street right of way line to the Point of Beginning, containing 0.37 acres more or less. (As shown on survey as prepared by Chad W. Marsh, L.S. #560 dated more particularly described as fo s: ) Begi ing at the northeast co er of said 4 ) lot; the a west 71.57 feet the north of ) said lot; t nce soothe eriy 103.02 feet ) to the east Ii a of sai ot; thence north ) 74.13 feet on s °d st line to the point of ) beginning, con ing 0.06 acres more ) or less. ) Parcel Nu ber 6: Lo 1 of Block 81, Third ) Additio to the City of air in Section 12, ) Town ip 18 North, Ran 11 East of the ) 6 th P ) Parcel Number 7: A tract of land located in ) the southwest 1/4 of the southeast 1/4 of ) Section 12, Township 18 North, Range 11 ) East of the 6 th P.M., Washington County, ) Nebraska, said tract being a portion of the ) abandoned C &NW Railroad right -of -way, ) being more particularly described as ) follows: Referring to the southwest corner ) of the southwest 1/4 of the southeast 114; ) thence NO2 4633 "W (assumed bearing), ) 709.01 feet on the west line of said ) southwest 1/4 of the southeast 114 to the ) southerly right -of -way line of said railroad; ) thence S46 23'02 "E, 81.32 feet on said ) railroad right -of -way line to the easterly ) right -of -way of line of 10 Street, City of ) Blair, and the point of beginning; thence ) continuing S46 23'02 "W, 299.85 feet on ) said right -of -way line to the centerline of ) South Creek; thence N48 41'59 "E, 50.02 ) feet on said centerline to the centerline of ) said railroad right -of -way; thence ) N46 23'02 "W, 351.09 feet to the easterly ) right -of -way of said street; thence ) S00 30'52 "W, 68.48 feet on said street ) right -of -way line to the point of beginning, ) containing 0.37 acres more or less. ) Parcel Number : A tract of lapd located in ) the southwest 1141% the southeast 114, of ) Section 12, Towns orth, Range 11 ) East of the 61h P.M., hington County, ) Nebraska, said t t bei a portion of the ) abandoned C Railroa ht -of -way, ) t Page 3 Memorandum June 16, 2006 To: Jeff Hall From: Al Schoemaker RE: 10th Street Railroad Right -of -way As we talked about I need you to prepare the quiet title action for the City of Blair to show clear title to the abandoned railroad property we acquired when we bought the property from Kevin Whirle and the house at the intersection of 10"' and South Streets. I have listed blow the legal descriptions for both parcels of railroad right -of -way that need to be quiet titled and a drawing highlighted where they are as well. In addition Rod wants us to include some additional Railroad right -of -way around the city in this action to cleanup the ownership issues. I have listed them below with legal descriptions and drawings showing the parcels. Parcel Number 1: A portion of Lots 6, 7, 8, 9, and 10, and a portion of the vacated alley adjoining said lots, all in block 82, Third Addition to the City of Blair, Washington County, Nebraska, being more particularly described as flows: Referring to the northwest corner of said Lot 6; thence S 02 15'54 "E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned C &NW Railroad right -of -way; thence S46 22'26 "E, 267.08 feet on said right -of -way line to the south line of said Lot 10; thence S87 31'22 "W, 34.69 feet on the south line of said Lots 9 and 10; thence N46 22'26W, 217.24 feet to the west line of said Block; thence NO2 15'54 "W, 35.92 feet on the said west line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the Southeast %4 of the southwest 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 h P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair,; thence S87 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right - of -way line of said railroad; thence S46 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 09'49 "E, 55.09 feet on the east line of said Block; thence S87 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3: A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 25'41 "E, 139.76 feet on the east line to the southeast corner thereof, thence S87 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of- way; thence 45 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. • Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. • Parcel Number 5: A portion of Lot 1, Block 10, Jorgensen's 2n Addition to the City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the northeast corner of said lot; thence west 71.57 feet on the north of said lot; thence southeasterly 103.02 feet to the east line of said lot; thence north 74.13 feet on said east line to the point of beginning, containing 0.06 acres more or less. • Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair in Section 12, Township 18 North, Range 11 East of the 6` M. • Parcel Number 7: A tract of land located in the southwest %4 of the southeast %4 of Section 12, Township 18 North, Range 11 East of the 6' P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of the southwest %4 of the southeast %4; thence NO2 46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest %4 of the southeast 1 /4 to the southerly right -of -way line of said railroad; thence S46 23'02 "E, 81.32 feet on said railroad right -of -way line to the easterly right -of -way line of 10` Street, City of Blair, and the point of beginning; thence continuing S46 23'02 "W, 299.85 feet on said right -of -way line to the centerline of South Creek; thence N48 41'59 "E, 50.02 feet on said centerline to the centerline of said railroad right -of -way; thence N46 23'02 "W, 351.09 feet to the easterly right -of -way of said street; thence S00 30'52 "W, 68.48 feet on said street right -of -way line to the point of beginning, containing 0.37 acres more or less. • Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest %4 of the southeast 1/4, of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest %4 of the southeast %4; thence NO2 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest %4 of the southeast %4 to the northerly right -of -way line of said railroad; thence S46 23'02 "E, 87.07 feet to the easterly right -of -way line of I& Street, City of Blair and the point of beginning; thence S02 4451 "E, 72.46 feet on said street right -of -way line to the centerline of said railroad right -of -way; thence S46 23'02 "E, 643.76 feet on said centerline to the easterly right -of- way line of 9` Street, City of Blair; thence NO2 33'14'W, 72.20 feet on said right -of -way to the northerly right -of -way line of said railroad; thence N46 23'02 "W, 644.12 feet on said right -of -way line to the point of beginning, containing 0.74 acres more or less. • Parcel Number 9: A tract of land located in the southwest 1 /4 of the southeast 1/4 of Section 12, Township 18 North of the 6th P.M" Washington County, Nebraska, said tract being a portion of the abandoned C &NW railroad right -of -way, being more particularly described as follows: referring to the southwest corner of said southwest 1 /4 of the southeast %4; thence NO2 46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest %4 of the southeast %4 to the southerly right -of -way line of said railroad and the point of beginning; thence continuing NO2 46'33 "W, 144.99 feet on said west line to the northerly right -of -way line of said railroad; thence S46 23'02 "E, 87.07 feet on said right - of -way line to the easterly right -of -way line of 10 Street, City of Blair; thence S02 44'51 "E, 72.46 feet on said street right -of -way; thence S00 30'52 "W, 68.48 feet on said street right -of -way line to the south right -of -way line of said railroad; thence N46 23'02 "W, 81.32 feet on said right -of -way to the point of beginning, containing 8560.4 square feet, more or less Parcel Number 10: A tract of land located in the northeast %4 of Section 11, township 18 North, Range 11 East of the 6 t h P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. ," 11� : ORDINANCE NO. 1985 AN ORDINANCE VACATING THE ALLEY IN BLOCK 34 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BETWEEN le: STREET AND 137 STREET,- - PERPETUAL EASEMENT FOR ALL PUBLIC UTILITIE SUBJECT TO . :A S LOCATED IN SAID ALLEY REPEALING ALL ORDINANCES. OR - TARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS -ORDINANCE $HALL FULL FORCEAND EFFECT.' BE IT ORDAINED By THE MAYOR AND CITY COUNCIL OF THE CrIY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION L The alley between 14'Sftd and m*. 34 in the City offfi*,, Washington County, Nebraska, be and hereby is vacated and -the, ownership 'of the .same, pursuant to Neb..Rev. Stat §16-611, shall revert to the owners of the adjacent real estate, one-half on each. side thereot subject to, however, the perpetual easement: for all public utilities currently located in said alley. .SECTION 2. All ordinances or Parts of ordinances. in conflict . herewith are hereby: repealed. SECTION 3. This ordinance sl a be in fiffi force and effect. from and following the passage, and publication hereof as required by law. PASSED AND APPROVED. this 23"' day of September,. 2003. • , • • • 1 1 • 1 Vs. UNION PACIFIC RAILROAD COMPANY, A Utah Corporation; JOHN DOE and JANE DOE; ET AL, Defendants. t CASE NO. Cl 06 -163n , -- AMENDED ORDER FOl2 l DEFAULT JUDGMENT..,.,. X47 .wr.S This matter came before the Court on Plaintiffs Motion for Order Nunc Pro Tunc seeking an Amended Order of Default Judgment pursuant to Plaintiff's Second Amended Complaint. Pursuant to the Affidavit of Allen R. Schoemaker, City of Blair, Public Works Director attached as Exhibit 1 setting forth the requirements for a prima facie case in the above matter. IT IS HEREBY ORDERED that Plaintiff is entitled to default judgement on its Second Amended Petition in the above captioned case. Defendant's, Union Pacific Railroad Company, a Utah Corporation, John Doe and Jane Doe; and all other persons do not resist default judgement. Further, Plaintiff is entitled to take legal title of the real estate identified and asi claimed in its second amended complaint and legally described as follows: .jy Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City'of Blair, Washington County, Nebraska, being more particularly g D described as follows: referring to the northwest corner of said Lot 6, Block g w a �n ti m 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on y the west line of said lot to the p oint of beg inning, said oint bein on the p p g ° N �aa o northerly right -of -way line of the abandoned Chicago and Northwestern 3 . m Q ? Railroad. Right -of -way; thence S 46 °22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 °31'22" W, 34.69 feet�Q a 10 c) ; on said north line; thence N 46 0 2226" W, 217.24 feet to the east line 0 Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east Line to th point of beginning, containing 0.14 acres more or less. a s Parcel Number 2 : A tract of land located in the Southeast �/4 of th .: southwest '/ of Section 12, Township 18 North, Range 11 East of the h P.M., City of Blair, Washington County, Nebraska, said tract being a portio of the abandoned C &NW Railroad right -of -way, being more particularl described as follows: referring to the northeast corner of Lot 1, Block 8 Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on th Y 6 CJ i 4 "1 . 7 north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 °09'49 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41 "E 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 °38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. . Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 t h P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the.City of Blair; thence north on the northerly extension of.the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of . Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right-of-way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence Page 2 of 4 . i B NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest % of the southeast Y4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 °41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, - Nebraska, - said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast % of Section 11, township 18 North, Range 11 East of the 6`" P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6`" P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 1.1 A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 0 18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. WHEREFORE, the Court hereby enters its Order for Default Judgment in favor of the Plaintiff and against Defendants, Union Pacific Railroad Company, a Utah corporation; John Doe and Jane Doe; and all other persons and finds that Plaintiff is entitled to take legal title to the real estate indicated above. Page 3 of 4 t, Date this _,ay of ' 2007 BY THE COURT Honorable Darvid D. Quist District Court Judge Page 4 of 4 Plaintiff, V" UNION PACIFIC RAILROAD COMPANY, A Utah Corporation; JOHN DOE and JANE DOE, ET Al, Defendants. STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) AFFIDAVIT COMES NOW the undersigned, being first duly sworn on oath, and hereby deposes and states as follows: 1. That my name is Allen R. Schoemaker, and I am the Director of Public Works for the City of Blair, Nebraska and state that I am over the age of majority, that I am under no legal disability, and I have personal knowledge of the following facts and the City of Blair lays claim to the following described real estate: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska; being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 0 15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 2226" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line, of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number, 2 : A tract of land located in the Southeast of the southwest' /a of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the Page 1 of 7 north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 0 25'41 "E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast ,corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said .Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6" P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the, southeast quarter; thence Page 2 of 7 NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest Y4 of the southeast Y4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 4633" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46 1 33 11 W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence. S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 °33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number'9: A tract of land located in the'northeast Y4 of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in Width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 1h P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot 1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 ° 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 2. That the Defendant Union Pacific Railroad Company has filed a written Disclaimer, disclaiming any interest in the real estate described in Paragraph 1 hereinabove. 3. That the Plaintiff, or its predecessors in title, its representatives and agents, have Page 3 of 7 maintained the land described in Paragraph 1 hereinabove, and otherwise has claimed ownership of the same for more than ten (10) continuous years. 4. That to the best of my knowledge, even though there are persons who may claim or appear to have some claim in, right or title or lien upon the real estate described in Paragraph 1 above, no such persons have directly advised me of their claim, nor have any such persons claimed title by adverse possession or otherwise, nor have they had actual, continuous, exclusive, notorious or adverse possession under claim of ownership of the right -of -way property, under claim of title for more than ten (10) years. 5. That no other Defendant has Answered or Replied to Plaintiff's Second Amended Complaint and 30 days have passed since the last Notice of Publication was printed in the Enterprise Publishing Newspaper. 6. That the Plaintiff and its predecessors in title have had open, notorious, exclusive, continuous, adverse, and actual possession for more than ten (10) years of the following described property: Parcel Number. 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of said Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being 'on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 °31'22" W, 34.69 feet on said north line; thence N 46 °22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast '/ of the southwest % of Section 12, Township 18 North, Range 11 East of the 6`" P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 °30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 °09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 2226 "W, 193.23 feet on said Page 4 of 7 right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41" E, 139.76 feet on the east line of said lot to the southeast corner thereof; thence S87 0 3520 "W, 27.67 feet on the south line of said lot to the westerly right-of-way line of the abandoned C &NW railroad right -of -way; thence N46 0 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.35 feet on the northerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township. 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: .Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6" P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest Y4 of the southeast '4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 °23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 °41'59" E, 50.20 feet on said centerline to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said Page 5 of 7 • , Y l { southwest quarter southeast quarter; thence S 02 °46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 1h P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad and the point of beginning; thence S 02 0 46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" E, 730.78 feet on said centerline to the easterly right -of- way line of 9 th Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 °23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the northeast % of Section 11, township 18 North, Range 11 East of the 6 th P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 10: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska lying south and east of a straight line drawn from the northeast corner of said lot.1 to the southwest corner of said lot 1. Parcel Number 11 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" W, 82.16 feet on the north line of said Lots; thence S 46 "18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 7. That the City of Blair desires that title to the real estate, described in Paragraph 1 hereinabove, be quieted and confirmed in Plaintiff as against each of the Defendants and against all persons having or claiming any interest in said real estate, real names unknown, and that each of them be enjoined forever from asserting any claim of interest in said real estate, or any portion thereof. Page 6 of 7 THE CITY OF BLAIR, NEBRASKA, Plaintiff BYL� V ALLAN R. SCHOEMAKER, Director of Public Works Subscribed and sworn to before me this 2 day of 2007. Page 7 of 7 4,9 • • 1 A • •- THE CITY OF BLAIR, NEBRASKA, ) CASE NO. Cl 04 -69 Plaintiff, ) VS. • „ _• • 1 Utah Corporation; JOE DOE and JANE ) CONSENT DECREE DOE; and all other persons having or claim- ) ing any interest in and to: Commencing at ) the Southwest lot corner of Tax Lot 140, a ) tax lot located in the East 1/2 of the North- ) east 1/4 of Section 11, Township 18 North, ) Range 11 East of the 6 t P.M., this point also) being on the North right -of -way line of ) Park Street; thence Westerly along the North) 3� right -of -way line of Park Street to the South-) n east lot corner of Tax Lot 154 of said ) '� Section 11; thence Northwesterly along the ) east lot line of Tax Lot 154, and the north lot) lines of Tax Lots 168 and 109 to the North- ) west lot corner of Tax Lot 109 all of said )4� Section 11; thence N23 0 20'24 "E, a distance of 50.0 feet, to the centerline of the abandoned Chicago Northwestern Railroad ) right -of -way, thence N46 0 39'36" W, a dis- tance of 195.7 feet; thence N43 0 14'10 "E, a ) distance of 49.67 feet, to the Northwest lot ) corner of Tax Lot 331, a tax lot in said ) Section 11; thence Southeasterly along the ) West lot lines of Tax Lots 331, 330, 142, 136,) 139 and 140 to the Southwest lot corner of ) Tax Lot 140 all of said Section 11, this point)'. also being the point of beginning, for a total) of 1.3 acres, more or less, all located in the ) -- City of Blair, Washington County, Nebraska,) ' t. r REAL NAMES UNKNOWN, ) Defendants. ) This matter came before the Court on Plaintiff's Petition to Quiet Title and its subsequent Motion for Summary Judgement. A hearing was had on Plaintiff's Motion for r Page 1 of 5 a Summary Judgment on July 20, 2004. Geoffrey C. Hall appeared for Plaintiff and Nile K. Johnson appeared for the Defendant property owners. The Union Pacific Railroad Company did not appear. The parties have reached an agreement concerning the quieting of title to the real estate in question, and hereby submit this Consent Decree reflecting this agreement. IT IS HEREBY ORDERED: 1) The City of Blair intends to construct the Deerfield Lions bike trail (hereafter bike trail) along the railroad right -of -way which is legally described in Exhibit A attached hereto and fully incorporated herein by reference. The City of Blair will take titled ownership of the real estate described above by agreement of the parties pursuant to this quiet title action. The City of Blair will then construct the bike trail along the former railroad right -of -way. The City of Blair will retain ownership of the real estate extending 10 feet on each side from the center line of the bike trail. The remaining real estate will be transferred by the City of Blair to the adjacent property owners: Ned Miller and Mary K. Miller, Thomas L. Gilliland, Rory G. Mullally, James R. Bolton and Elizabeth A. Bolton, Faith M. Pranno, Janice R. Rysdam, Timothy S. Klotz, and Mary M. Gilliland, Trustee of the Mary M. Gilliland Trust. All of the remaining real estate identified in Exhibit A not transferred to the above - identified parties shall be retained by the City of Blair. The Union Pacific Railroad Company claims no interest in the above described real estate. 2) The City of Blair shall erect and install a 6 foot high chain link fence along the length of the newly established property line between the bike trail and the real estate of the adjacent property owners on both sides of the bike trial. Page 2 of 5 439 However, along the real estate of the adjacent property owners, Pranno and Mullally, the City of Blair will plant trees ( Pranno - three 6' Pines and three 6' Ginko's and Mullally - four 6' Pines) instead of erecting a fence. 3) The City of Blair shall maintain the bike trail and its retained real estate. All of the remaining real estate not retained by the City of Blair, including the fence and trees shall be transferred to the adjacent property owners for their benefit, care and upkeep. If the fence or trees are damaged by the City of Blair in its maintenance of the bike trail, the City of Blair will be responsible for the repair or replacement of the damaged fence or trees. 4) The City of Blair shall have the property professionally surveyed and will pay all costs related to said survey and recording fees for the real estate in question. The City of Blair shall prepare and execute an appropriate deed and all other appropriate documents transferring to each individual adjacent property owner, the real estate as indicated above in Paragraph 1. 5) It is the intent of the parties and pursuant to the Nebraska Department of Roads requirements that this Consent Decree shall quiet title to the real estate described in Exhibit A, transferring title in said real estate to the City of Blair, and that the portion of the real estate not used by the City of Blair in the construction and operation of the bike trail will be transferred to the adjacent property owners as identified in Paragraph 1 for their use and enjoyment and the City of Blair shall have no further claim to said real estate. Said property owners shall be responsible for any and all tax consequences related to the newly acquired real estate. Page 3 of 5 T M �rj RMI DATED on this f day of APPROVE K. Jo 'bnson Attorney forMed Miller Rory G. Mullally; Jamq Janice R. Rysdam Ti Mary M. Gilliland Trust 2004. BY THE COURT: -*CA Honorable Darvid D. Quist District Court Judge nd Mary K. Miller; Thomas L. Gilliland; R. Bolton and Elizabeth A. Bolton; ` by S. Klotz; and Mary M. Gilliland, Trustee of the APPROVED AS TO FORM & CONTENT: APPROVED AS TO FORM & CONTENT: Geo rey C. Attorney for ity o air Page 4 of 5 4 0�� 44 Commencing at the Southwest lot corner of Tax Lot 140, a tax lot located in the East 1/2 of the Northeast 1/4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., this point also being on the North right -of -way line of Park Street; thence Westerly along the North right -of -way line of Park Street to the Southeast lot corner of Tax Lot 154 of said Section 11; thence Northwesterly along the east lot line of Tax Lot 154, and the north lot lines of Tax Lots 168 and 109 to the Northwest lot corner of Tax Lot 109 all of said Section 11; thence N23 0 20'24 "E, a distance of 50.0 feet, to the centerline of the abandoned Chicago Northwestern Railroad right -of -way, thence N46 0 39'36" W, a distance of 195.7 feet; thence N43 °14'1 0 "E, a distance of 49.67 feet, to the Northwest lot corner of Tax Lot 331, a tax lot in said Section 11; thence Southeasterly along the West lot lines of Tax Lots 331, 330, 142, 136, 139 and 140 to the Southwest lot corner of Tax Lot 140 all of said Section 11, this point also being the point of beginning, for a total of 1.3 acres, more or less, all located in the City of Blair, Washington County, Nebraska. Page 5 of 5 M 442 APPROVED AS TO FORM & CONTENT: Thomas L. Gilliland APPROVED AS TO FORM & CONTENT: Rory G. Mullally APPROVED AS TO FORM & CONTENT: 7a l rmes R. Bolton Elizabethcg Bolton APPROVED A O FQ,RM & CONT Faith M. Pranno APPROVED AS TO FORM & CONTENT: anice R. sdam APPROVED AS TO FORM & CONTENT: Timothy S. Klotz APPROVED AS TO FORM & CONTENT: r Mary M. illiland, Trustee of the Ma hil Trust Mary k d-,2 6&'Zoid 11,(civhitl�. "" M w�� NGT N 1, susen that the above WW record in this _ Wil Co unty, Im 5q On order for default judgment: Tract 1— OK as is Tract 2 — OK as is Tract 3 — add "of said lot" as shown in bold italics Tract 4 — To correct what is on order to match the legal on tl 18.55 should be "18.35" as shown in bold italics and the word southerly should be changed to "northerly" as shown in bold italics Tract 5 — OK as is Tract 6 — Was left out again. Tract 7 - To correct what is on order to match the legal on the revised survey the words "on said centerline" shown in bold italics should be added. Tract 8 — The word "and" shown in bold italics should be added in. The letter `B" shown in bold italics should be used instead of the W. Tract 9 —No longer exists. It has been incorporated into tracts 7 and 8. So do not use Tract 9 in the order NOTE for Tracts 7, 8 and 9. Originally, these were 3 separate tracts. When the revised survey was done tract 9 was merged with tracts 7 and 8 so that tract 9 no longer exists separately._ However, the drawing on the revised survey does not match the legal description on said survey. The new legal descriptions work just fine as they incorporate what was Tract 9, giving half to Tract 7 and half to Tract 8. However, on the drawing portion of the survey he does not show the old Tract 9 as being incorporated into Tracts 7 and 8. The Surveyor's Office will not approve a survey when the legal descriptions and the drawing do not match. Therefore, you could use the legal descriptions for Tracts 7 and 8 with our corrections shown above for the court order. However, at some point you will need to have the survey redone by your surveyor so our surveyor's office will accept it. One further note: Legal description for Tract No. 1 on revised survey (which is Tract #7 above) on the last distance call of 72.49 it should state "feet' ' after the distance of 72.49. Tract 10 — OK as is Tract 11 — OK as is Tract 12 — OK as is Did not check any other legal descriptions in Order or in Affidavit. Parcel Dumber 1: A tract of land located in the SE1 /4 of the SW1/4 of Section 12, T18N, Rl lE of the 6' P.M., Washington County, Nebraska, being more particularly described as follows: Referring to the Northwest Corner of said Lot 6, Block 82 Third Addition to the City of Blair; thence S 02 °15'54" E 106.95 feet on the west line of said lot to the Point of Beginning, said point being on the northerly right of way line of the abandoned C &NW Railroad right of way; thence S46 °22'26" E, 267.08 feet on said right of way line to the North line of Colfax Street; thence S 87°31'22" W 34.69 feet on said North line; thence N 46 °22'26" W, 217.24 feet to the East line of Eleventh Street; thence N 02 °15'54" W, 35.92 feet_ on said East line to the Point of Beginning, containing 0.14 acres more or less. Parcel Number 2: A tract of land located in the SE 1 /4 of the SW 1 /4 of Section 12, TI 8N, RI 1 E of the 6 th P.M., Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right of way, being more particularly described as follows: Referring to the Northeast Corner of Lot 1, Block 81, Third Addition the City of Blair; thence S 87 °30'45" W 80.13 feet on the North line of said block to the Point of Beginning, said point being on the easterly right of way line of said railroad; thence S 46 °22'26" E, 117.02 feet on said right of way line to the East line of said block; thence S 03 °09'49" E, 55.09 feet on the East line of said block; thence S 87 °36'58" W, 86.57 feet on the North right of way line of the platted alley in said block to the westerly right of way line of said railroad; thence N 46 °22'26 "W, 193.23 feet on said right of way line to the North line of said block; thence N 87 °30'45" E, 138.75 feet on said North line to the Point of Beginning, containing 0.41 acres more or less. Parcel Number 3: A portion of Lots 1, 2 and 3, Block 70, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; thence S 02 °25'41" E, 139.76 feet on the East line of said lot to the Southeast Corner thereof; thence S87 °35'20" W, 27.67 feet on the South line of said lot to the Westerly right of way line of the abandoned C &NW Railroad right of way; thence N 46 °22'26" W, 194.35 feet on said right of way line to the North line of said Lot 3; thence N 87°38'09" E 162.54 feet on the North line of said lots to the Point of Beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, Original Townsite, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Southwest Corner of said lot; thence East 13.44 feet on the South line of said lot; thence Northwesterly 18.35 feet on the northerly right of way line of the abandoned C &NW Railroad to the West line of said lot; thence South 12.51 feet on said west line Jo the Point of Beginning, containing 84.0 Square feet more or less. Parcel Number 5: A tract of land in the Southeast %4 of the Northeast %4 in Section 11, Township 18 North, Range 11 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 10, Second Addition to the City of Blair, thence North on the Northerly extension of the East line of said Lot 1, 74.13 feet to the Southerly right of way line of Park Street; thence West 71.57 feet on said right of way line to the Westerly right of way line of the abandoned C &NW Railroad; thence southeasterly 103.02 feet on said railroad right of way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 6: Lot 1 of Block 81, Third Addition to the City of Blair, in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. Parcel Number 7: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Southwest corner of said SW 1 /4 SE 1 /4; thence N 02° 46'33" W (assumed bearing), 709.01 feet on the West line of said SW 1 /4 SE 1 /4 to the Southerly right of way line of said Railroad and the Point of Beginning; thence S 46° 23'02" E 381.17 feet on said railroad right of way line to the centerline of South Creek; thence N 48° 41'59" E, 50.20 feet on said centerline to the centerline of said Railroad right of way; thence N 46° 23'02" W, 438.11 feet to the west line of said SW 1 /4 SE 1 /4; thence S 02° 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: A tract of land located in the Southwest 1 /4 of the Southeast 1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, being more particularly described as follows: Referring to the Southwest Corner of said Southwest %4 of the Southeast 1 /4; thence N 02 °46'33" W (assumed bearing), 853.99 feet on the West line of said Southwest 1 /4 of the Southeast 1 /4 to the northerly right of way line of said railroad and the Point of Beginning, thence S 02 46'33" E 72.49 feet on said West line to the centerline of said Railroad; thence S 46° 23'02" E, 730.78 feet on said centerline to the Easterly right of way line of 9 Street projected south; thence N 02 33'14" W 72.20 feet on said projected right of way line to the Northerly right of way line of said railroad; thence N 46° 23'02" W 731.18 feet on said right of way line to the Point of Beginning, containing 0.84 acres more or less. Parcel Number 10: A tract of land located in the Northeast 1 /4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running North and South between Tax Lots 373, 374, 508, 206 and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11: That portion of Lot 1 of Block 84, Third Addition to the City of Blair in the Southwest %4 of Section 12, Township 18 North, Range 1 lEast of the 6 t ' P.M., Washington County, Nebraska, lying south and east of a straight line drawn from the Northeast Corner of said Lot 1 to the Southwest Corner of said Lot 1. Parcel Number 12: A portion of Lots 1, 2, 3 and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the Northeast corner of said Lot l; thence S 87° 30'36" W 82.16 feet on the north line of said Lots; thence S 46° 18'56" E 119.60 feet to the east line of said Lot 1; thence N 02 55'40" W 86.29 feet on said east line to the Point of Beginning, containing 0.08 acres more or less. Blair Abstract & Title Company Serving Washington County Since 1925 TITLE OFFICE CLOSING OFFICE 1904 South Street, Suite 107 706 South 19' Street Blair, NE 68008 Blair, NE 68008 Phone: (402) 426-4844 Phone: (402) 426-9191 Fax: (402) 426-4811 Fax: (402) 426-9166 David O'Hanlon, Manager Tami Johnson, Manager March 26, 2007 Brenda Wheeler City Clerk City of Blair, Nebraska At your request I have researched the 10' strip of land in Section 11-18-11 between Wright and Jackson Streets. As you know I previously searched this property and can provide you with copies of my research dated April 28, 2006 and May 4, 2006. As part of the city's recent quiet title action in the Washington County District Court Case # CI 06-163 the 10' strip of land was included as Parcel # 10 in said quiet title action. A decree was obtained in said case on March 20, 2007 which quieted title to the 10' strip of land. Normally, this would be the end of it and title to said land would be in the name of City of Blair, Nebraska by virtue of the decree. However, we (Blair Abstract & Title Company) were informed by the Washington County Surveyor that the legal description contained in some of the parcels was incorrect and that consequently the surveyor's office is apparently taking the position that they will not recognize any of the parcels from the aforementioned decree. In other words they will not change the ownership on the cadastral maps until said corrections are made and recognized by the District Court. Further, the Washington County Surveyor informs us that when and if they do recognize and/or acknowledge the City of Blair as owning said 10' strip that the following would have to be done for them to recognize and further transfer of that strip. Each separate strip be it 5 feet or 10 feet in width for each individual owner adjacent to said strip would have to have a survey. This would either have to be done by each landowner individually or could be done in one survey with all the various parcels set out separately. Then of course a quit claim deed from the City of Blair to each of the individual landow ners would have to be executed and filed for record. If you have any further questions on this matter please contact me. Sincere Y Da i O'Hanlon tp 2,2nc[ St 00 co ----------- co hi INS - - - 2,2nc[ St I= - ----------- co co 00 co ----------- hi INS - - - co to ----------- 00 I= - ----------- co co 00 INS - - - I= - ----------- co co 00 I= - ----------- co co Blair; thence S 02 0 15'54" E, �° \ on the west line of said lot beginning, said point beinc C� northerly right -of -way line abandoned Chicago and Ni Railroad Right -of -way; then S 46 °22'26" E, 267.08 feet on said right -of -way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast' /4 of the southwest ' of Section 12, Township 18 North, Range 11 East of the 6 P.., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C&NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of M JUDGMENT i� f� �a am j.00`1o11q'q WASHINGTON COUNTY, STATE OF NEBRASKA RECORDED 7 2 22 A Ch 4 9- , a-U D AT AOa Am. B PAGES) Z�3 - 103 RE GISTER OF DEEDS � i'�Y • G i� f� �a am j.00`1o11q'q WASHINGTON COUNTY, STATE OF NEBRASKA RECORDED 7 2 22 A Ch 4 9- , a-U D AT AOa Am. B PAGES) Z�3 - 103 RE GISTER OF DEEDS IMP P beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 ", 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 0949 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 "E, 139.76 feet on the east line to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 0 2226 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 Page 2 of 9 M square feet more or less. ) Parcel Number 5: A tract of land located in ) the southeast quarter of the northeast ) quarter of Section 11, Township 18 North, ) Range 11 East of the 6 11 P.., City of Blair, ) Washington County, Nebraska being more ) particularly described as follows: ) beginning at the northeast corner of Lot ) 1, Block 10, Second Addition to the City ) of Blair; thence north on the northerly ) extension of the east lot line of said Lot 1, ) 74.13 feet to the southerly right -of -way ) line of Park Street; thence west 71.57 ) feet on said right -of -way line to the ) westerly right -of -way line of the ) abandoned Chicago and Northwestern ) Railroad; thence southeasterly, 103.02 ) feet on said railroad right -of -way line to ) the point of beginning, containing 0.06 ) acres more or less. ) Parcel Number 7: A tract of land located in ) the southwest quarter of the southeast ) quarter of Section 12, Township 18 North, ) Range 11 East of the 6 th P.M., City of Blair, ) Washington County, Nebraska, said tract ) being a portion of the abandoned Chicago ) and Northwestern Railroad right -of -way, ) being more particularly described as ) follows: Referring to the southwest ) corner of the southwest quarter of the ) southeast quarter; thence NO2 °46'33" ) (assumed bearing), 709.01 feet on the ) west line of said southwest' /4 of the ) southeast' /4 to the southerly right -of -way j line of said railroad and the point of ) beginning; thence S 46 0 23'02" E, 381.17 ) feet on said railroad right -of -way line to ) the centerline of South Creek; thence ) N 48 °41'59" E, 50.20 feet to the centerline ) of said railroad right -of -way; thence ) N 46 23'02" W, 438.11 feet to the ) west line of said southwest quarter ) southeast quarter; thence S 02 0 46'33" ) Page 3 of 9 ME WE e, E, 72.49 feet on said west line to the point ) of beginning, containing 0.47 acres more ) or less. ) Parcel Number 8: (This parcel is for ) Kevin Whirle) A tract of land located in the ) southwest quarter of the southeast quarter, ) of Section 12, Township 18 North, Range ) 11 East of the 6 th P.., City of Blair, ) Washington County, Nebraska, said tract ) being a portion of the abandoned Chicago ) and Northwestern Railroad right -of -way, ) being more particularly described as ) follows: Referring to the southwest ) corner of said southwest quarter of the ) southeast quarter; thence NO2 0 4633 "W ) (Assumed bearing), 853.99 feet on the ) west line of said southwest quarter of the ) southeast quarter to the northerly ) right -of -way line of said railroad the point ) of beginning; thence S 02 0 46'33" E, 72.49 ) feet on said west line to the centerline of ) said railroad; thence S 46 0 23'02" W, ) 730.78 feet on said centerline to the ) easterly right -of -way line of 9 th Street ) projected south; thence N 02 0 33'14" W, ) 72.20 feet on said projected right -of -way ) line to the northerly right -of -way line of ) said railroad; thence N 46 0 23'02" W, ) 731.18 feet on said right -of -way line to ) the point of beginning, containing 0.84 ) acres more or less. ) Parcel Number 9: A tract of land located in ) the southwest' /4 of the southeast 114 of ) Section 12, Township 18 North, Range 11 ) East of the 6 th P.M., City of Blair, ) Washington County, Nebraska, said tract ) being a portion of the abandoned CNW ) railroad right -of -way, being more ) particularly described as follows: referring ) to the southwest corner of said southwest ) '/4 of the southeast 1 /4; thence NO2 0 46'33 "W ) (assumed bearing), 709.01 feet on the west ) line of said southwest' /4 of the southeast' /4 ) Page 4 of 9 i Q, {: MM "', to the southerly right -of -way line of said railroad and the point of beginning; thence continuing NO2 0 4633 "W, 144.99 feet on said west line to the northerly right -of -way line of said railroad; thence S46 0 23'02 "E, 87.07 feet on said right -of -way line to the easterly right -of -way line of 10 Street, City of Blair; thence S02 °44'51 "E, 72.46 feet on said street right -of -way; thence S00 0 30'52 "W, 68.48 feet on said street right -of -way line to the south right -of -way line of said railroad; thence N46 0 23'02 "W, 81.32 feet on said right -of -way to the point of beginning, containing 8560.4 square feet, more or less. Parcel Number 10: A tract of land located in the northeast' /4 of Section 11, township 18 North, Range 11 East of the 6 th P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street. Parcel Number 11: That portion of Lot One of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 th P.. in Blair Washington County, Nebraska lying south and east of a straight line down from the north east corner of said lot to the south west corner of said lot. Parcel Number 12 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 6 0 18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more Page 5 of 9 i I •... of Washington County, Nebraska. Defendants. This matter came before the Court on Plaintiffs Motion for Default Judgment on Plaintiff's Second Amended Complaint. Geoffrey C. Hall, counsel for Plaintiff, The City of Blair appeared personally, No other parties appeared. Plaintiff submitted an Affidavit from Allen R. Schoemaker, City of Blair Public Works Director attached as Exhibit 1 setting forth the requirements for a prima facie case in the above matter. IT IS HEREBY ORDERED THAT Plaintiff is entitled to a Default Judgment on its Petition in the above captioned case. Defendants Union Pacific Railroad Company, a Utah corporation; John Doe and Jane Doe; and all other persons do not resist the Default Judgment. Further, Plaintiff is entitled to take title to the real estate identified and as claimed in its Second Amended Complaint and legally described as: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 °15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 2226" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 2226" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast Y of the southwest % of Section 12, Township 18 North, Range 11 East of the 6tn P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly Page 6 of 9 ME right -of -way line of said railroad; thence N46 °22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41 "E, 139.76 feet on the east line to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly. rig ht -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of the southwest quarter of the southeast quarter; thence NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest % of the southeast Y to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 °41'59" E, 50.20 feet to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Page 7 of 9 M Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 °23'02" W, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the southwest % of the southeast 1/4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW railroad right -of -way, being more particularly described as follows: referring to the southwest corner of said southwest % of the southeast %; thence NO2 0 46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest % of the southeast %to the southerly right -of- way line of said railroad and the point of beginning; thence continuing NO2 °46'33 "W, 144.99 feet on said west line to the northerly right -of -way line of said railroad; thence S46 0 23'02 "E, 87.07 feet on said right -of -way line to the easterly right -of -way line of 10 Street, City of Blair; thence S02 0 44'51 "E, 72.46 feet on said street right -of -way; thence S00 0 30'52 "W, 68.48 feet on said street right -of -way line to the south right -of -way line of said railroad; thence N46 0 23'02 "W, 81.32 feet on said right -of -way to the point of beginning, containing 8560.4 square feet, more or less. Parcel Number 10: A tract of land located in the northeast % of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11: That portion of Lot One of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M. in Blair Washington County, Nebraska lying south and east of a straight line down from the north east corner of said lot to the south west corner of said lot. Parcel Number 12 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 0 18'56" E, 119.60 Page 8 of 9 +' 1 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. WHEREFORE, the Court hereby enters its Order for Default Judgment in favor of the Plaintiff and against Defendants, Union Pacific Railroad Company, a Utah corporation; John Doe and Jane Doe; and all other persons and finds that Plaintiff is entitled to take legal title to the real estate indicated above. Date this day of , 2007 BY THE COURT AW� A Honorable Da id D7 Quist District Court Judge Page 9 of 9 691 mom THE CITY OF BLAI, NEBRASKA, ) CASE NO. Cl 06 -163 Plaintiff, ) Vs. AFFIDAVIT UNION PACIFIC RAILROAD COMPANY, A ) Utah Corporation; JOHN DOE and JANE ) DOE; and all other persons having or ) claiming any interest in and to: ) Parcel Number 1 : A tract of land located ) in the southeast quarter of the southwest ) quarter of Section 12, Township 18 North, ) Range 11 East of the 6 P.M., City of Blair, ) Washington County, Nebraska, being more ) particularly described as follows: ) referring to the northwest corner of Lot 6, ) Block 82, Third Addition to the City of ) Blair; thence S 02 0 15'54" E, 106.95 feet ) on the west line of said lot to the point of ) beginning, said point being on the northerly right -of -way line of the ) abandoned Chicago and Northwestern ) Railroad Right -of -way; thence ) S 46 0 22'26" E, 267.08 feet on said ) right -of -way line to the north line of Colfax ) Street; thence S 87 0 31'22" W, 34.69 ) feet on said north line; thence N 46 0 22'26" ) W, 217.24 feet to the east line of Eleventh ) Street; thence N 02 0 15'54" W, 35.92 feet ) on said east line to the point of beginning, ) containing 0.14 acres more or less. ) Parcel Number 2 : A tract of land located ) in the Southeast 1 /4 of the southwest 1 /4 of ) Section 12, Township 18 North, Range 11 ) East of the 6 P.M., City of Blair, ) Washington County, Nebraska, said ) tract being a portion of the abandoned ) C &NW Railroad right -of -way, being more ) particularly described as follows: ) referring to the northeast corner of Lot 1, ) Block 81, Third Addition to the City of ) Page 1 of 12' �� MAR 2 0 2-00 W M Blair; thence S87 0 30'45 ", 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 0 0949 "E, 55.09 feet on the east line of said Block; thence S87 °36'58 ", 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 "E, 139.76 feet on the east line to the southeast corner thereof; thence S87 0 35'20 ", 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned CNW railroad right -of -way; thence N46 0 22'26 ", 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 °38'09 ", 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; Page 2 of 12 ME thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 t P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 t P.., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of the southwest quarter of the southeast quarter; thence NO2 0 4633 "W (assumed bearing), 709.01 feet on the west line of said southwest' /4 of the southeast' /4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 °23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the Page 3 of 12 !: west line of said southwest quarter southeast quarter; thence S 02 0 46'33" , 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 °46'33" (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" W, 730.78 feet on said centerline to the easterly right -of -way line of 9 th Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the southwest' /4 of the southeast 1/4 of Section 12, Township 18 North, Range 11 East of the 6 th P.., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned CW railroad right -of -way, being more particularly described as follows: referring to the southwest corner of said southwest '/4 of the southeast 1 /4; thence NO2 0 46'33 "W Page 4 of 12 M (assumed bearing), 709.01 feet on the west ) line of said southwest' /4 of the southeast' /4 ) to the southerly right -of -way line of said ) railroad and the point of beginning; thence ) continuing NO2 0 4633 ", 144.99 feet on ) said west line to the northerly right -of -way ) line of said railroad; thence S46 °23'02 "E, ) 87.07 feet on said right -of -way line to the ) easterly right -of -way line of 10 Street, City ) of Blair; thence S02 "E, 72.46 feet on ) said street right -of -way; thence ) S00 °30'52 "W, 68.48 feet on said street ) right -of -way line to the south right -of -way ) line of said railroad; thence N46 0 23'02 "W, ) 81.32 feet on said right -of -way to the point ) of beginning, containing 8560.4 square ) feet, more or less. ) Parcel Number 10: A tract of land located ) in the northeast' /4 of Section 11, township ) 18 North, Range 11 East of the 6 1h P.., ) said tract being 10 feet in width running ) north and south between Tax ) Lots 373, 374, 508, 206, and 371 of said ) Section 11 and between Wright Street and ) Jackson Street. Parcel Number 11: That portion of Lot One ) of Block 84, Third Addition to the City of ) Blair in the southwest quarter of Section ) 12, Township 18 North Range 11 East of ) the 6 th P.. in Blair Washington County, ) Nebraska lying south and east of a straight ) line down from the north east corner of 1 said lot to the south west corner of said lot. Parcel Number 12 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 °55'40" W, 86.29 Page 5 of 12 AMA feet on said east line to the point of beginning, • • 0.08 _ • . or - the City of Washington • Nebraska. STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) COMES NOW the undersigned, being first duly sworn on oath, and hereby deposes and states as follows: 1. That my name is Allen R. Schoemaker, and I am the Director of Public Works for the City of Blair, Nebraska and state that I am over the age of majority, that I am under no legal disability, and I have personal knowledge of the following facts and the City of Blair lays claim to the following described real estate: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 0 15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 2226" W, 217.24 feet to the east line of Eleventh Street; thence N 02 0 15'54" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast '/ of the southwest'/ of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 0 22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 °09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on Page 6 of 12 M the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 °22'26 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3 : A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 0 25'41 "E, 139.76 feet on the east line to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 °22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of the southwest quarter of the southeast quarter; thence NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest '/ of the southeast % to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 °46'33" E, 72.49 feet on said west line to the Page 7 of 12 MI M! point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad the point of beginning; thence S 02 °46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" W, 730.78 feet on said centerline to the easterly right -of- way line of 9 Street projected south; thence N 02 °33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the southwest % of the southeast 1/4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW railroad right -of -way, being more particularly described as follows: referring to the southwest corner of said southwest of the southeast %4; thence NO2 0 46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest % of the southeast % to the southerly right -of- way line of said railroad and the point of beginning; thence continuing NO2 0 46'33 "W, 144.99 feet on said west line to the northerly right -of -way line of said railroad; thence S46 °23'02 "E, 87.07 feet on said right -of -way line to the easterly right -of -way line of 10 Street, City of Blair; thence S02 0 44'51 "E, 72.46 feet on said street right -of -way; thence S00 °30'52 "W, 68.48 feet on said street right -of -way line to the south right -of -way line of said railroad; thence N46 0 23'02 "W, 81.32 feet on said right -of -way to the point of beginning containing 8560.4 square feet, more or less. Parcel Number 10: A tract of land located in the northeast'/ of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11: That portion of Lot One of Block 84, Third Addition to the City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M. in Blair Washington County, Nebraska lying south and east of a straight line down from the north east corner of said lot to the south west corner of said lot. Parcel Number 12 : A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 °30'36" Page 8 of 12 :ii ME! W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 0 55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 2. That the Defendant Union Pacific Railroad Company has filed a written Disclaimer, disclaiming any interest in the real estate described in Paragraph 1 hereinabove. 3. That the Plaintiff, or its predecessors in title, its representatives and agents, have maintained the land described in Paragraph 1 hereinabove, and otherwise has claimed ownership of the same for more than ten (10) continuous years. 4. That to the best of my knowledge, even though there are persons who may claim or appear to have some claim in, right or title or lien upon the real estate described in Paragraph 1 above, no such persons have directly advised me of their claim, nor have any such persons claimed title by adverse possession or otherwise, nor have they had actual, continuous, exclusive, notorious or adverse possession under claim of ownership of the right -of -way property, under claim of title for more than ten (10) years. 5. That no other Defendant has Answered or Replied to Plaintiff's Second Amended Complaint and 30 days have passed since the last Notice of Publication was printed in the Enterprise Publishing Newspaper. 6. That the Plaintiff and its predecessors in title have had open, notorious, exclusive, continuous, adverse, and actual possession for more than ten (10) years of the following described property: Parcel Number 1 : A tract of land located in the southeast quarter of the southwest quarter of Section 12, Township 18 North, Range 11 East of the 6 11 P.M., City of Blair, Washington County, Nebraska, being more particularly described as follows: referring to the northwest corner of Lot 6, Block 82, Third Addition to the City of Blair; thence S 02 0 15'54" E, 106.95 feet on the west line of said lot to the point of beginning, said point being on the northerly right -of -way line of the abandoned Chicago and Northwestern Railroad Right -of -way; thence S 46 0 22'26" E, 267.08 feet on said right -of- way line to the north line of Colfax Street; thence S 87 0 31'22" W, 34.69 feet on said north line; thence N 46 0 22'26" W, 217.24 feet to the east line of Eleventh Street; thence N 02 °1554" W, 35.92 feet on said east line to the point of beginning, containing 0.14 acres more or less. Parcel Number 2 : A tract of land located in the Southeast '/ of the southwest'/ of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion Page 9 of 12 WE MI of the abandoned C &NW Railroad right -of -way, being more particularly described as follows: referring to the northeast corner of Lot 1, Block 81, Third Addition to the City of Blair; thence S87 0 30'45 "W, 80.13 feet on the north line of said Block to the point of beginning, said point being on the easterly right -of -way line of said railroad; thence S46 °22'26 "E, 117.02 feet on said right -of -way line to the east line of said Block; thence S03 ° 09'49 "E, 55.09 feet on the east line of said Block; thence S87 0 36'58 "W, 86.57 feet on the north right -of -way line of the platted alley in said block to the westerly right -of -way line of said railroad; thence N46 0 2226 "W, 193.23 feet on said right -of -way line to the north line of said Block; thence N87 30'45 "E, 138.75 feet on said north line to the point of beginning, containing 0.41 acres more or less. Parcel Number 3: A portion of Lots 1, 2, and 3, Block 70, original town site, City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S02 °25'41 "E, 139.76 feet on the east line to the southeast corner thereof; thence S87 0 35'20 "W, 27.67 feet on the south line of said lot to the westerly right -of -way line of the abandoned C &NW railroad right -of -way; thence N46 ° 22'26 "W, 194.35 feet on said right -of -way line to the north line of said Lot 3; thence N87 0 38'09 "E, 162.54 feet on the north line of said lots to the point of beginning, containing 0.31 acres more or less. Parcel Number 4: A portion of Lot 15, Block 33, original town site, City of Blair, Washington County, Nebraska, being more particularly described as follows: Beginning at the southwest corner of said lot; thence east 13.44 feet on the south line of said lot; thence northwesterly, 18.55 feet on the southerly right -of -way line of the abandoned C &NW Railroad to the west line of said lot; thence south, 12.51 feet on said west line to the point of beginning, containing 84.0 square feet more or less. Parcel Number 5: A tract of land located in the southeast quarter of the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east lot line of said Lot 1, 74.13 feet to the southerly right -of -way line of Park Street; thence west 71.57 feet on said right -of -way line to the westerly right -of -way line of the abandoned Chicago and Northwestern Railroad; thence southeasterly, 103.02 feet on said railroad right -of -way line to the point of beginning, containing 0.06 acres more or less. Parcel Number 7: A tract of land located in the southwest quarter of the southeast quarter of Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of the southwest quarter of the southeast quarter; thence Page 10 of 12 W NO2 °46'33 "W (assumed bearing), 709.01 feet on the west line of said southwest '/ of the southeast %4 to the southerly right -of -way line of said railroad and the point of beginning; thence S 46 0 23'02" E, 381.17 feet on said railroad right -of -way line to the centerline of South Creek; thence N 48 0 41'59" E, 50.20 feet to the centerline of said railroad right -of -way; thence N 46 23'02" W, 438.11 feet to the west line of said southwest quarter southeast quarter; thence S 02 0 46'33" E, 72.49 feet on said west line to the point of beginning, containing 0.47 acres more or less. Parcel Number 8: (This parcel is for Kevin Whirle) A tract of land located in the southwest quarter of the southeast quarter, of Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned Chicago and Northwestern Railroad right -of -way, being more particularly described as follows: Referring to the southwest corner of said southwest quarter of the southeast quarter; thence NO2 0 46'33 "W (Assumed bearing), 853.99 feet on the west line of said southwest quarter of the southeast quarter to the northerly right -of -way line of said railroad the point of beginning; thence S 02 0 46'33" E, 72.49 feet on said west line to the centerline of said railroad; thence S 46 0 23'02" W, 730.78 feet on said centerline to the easterly right -of- way line of 9 11 Street projected south; thence N 02 0 33'14" W, 72.20 feet on said projected right -of -way line to the northerly right -of -way line of said railroad; thence N 46 0 23'02" W, 731.18 feet on said right -of -way line to the point of beginning, containing 0.84 acres more or less. Parcel Number 9: A tract of land located in the southwest '/ of the southeast 1/4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska, said tract being a portion of the abandoned C &NW railroad right -of -way, being more particularly described as follows: referring to the southwest corner of said southwest of the southeast %; thence NO2 0 4633 "W (assumed bearing), 709.01 feet on the west line of said southwest % of the southeast'/ to the southerly right -of- way line of said railroad and the point of beginning; thence continuing NO2 0 46'33 "W, 144.99 feet on said west line to the northerly right -of -way line of said railroad; thence S46 0 23'02 "E, 87.07 feet on said right -of -way line to the easterly right -of -way line of 10 Street, City of Blair; thence S02 0 44'51 "E, 72.46 feet on said street right -of -way; thence S00 0 30'52 "W, 68.48 feet on said street right -of -way line to the south right -of -way line of said railroad; thence N46 0 23'02 "W, 81.32 feet on said right -of -way to the point of beginning, containing 8560.4 square feet, more or less. Parcel Number 10: A tract of land located in the northeast % of Section 11, township 18 North, Range 11 East of the 6 P.M., said tract being 10 feet in width running north and south between Tax Lots 373, 374, 508, 206, and 371 of said Section 11 and between Wright Street and Jackson Street all within the City of Blair, Washington County, Nebraska. Parcel Number 11 • That portion of Lot One of Block 84, Third Addition to the Page 11 of 12 ME [L'a City of Blair in the southwest quarter of Section 12, Township 18 North Range 11 East of the 6 P.M. in Blair Washington County, Nebraska lying south and east of a straight line down from the north east corner of said lot to the south west corner of said lot. Parcel Number 12: A portion of Lots 1, 2, 3, and 4, Block 53, Original Town of Blair, Washington County, Nebraska, being more particularly described as follows: beginning at the northeast corner of said Lot 1; thence S 87 0 30'36" W, 82.16 feet on the north line of said Lots; thence S 46 °18'56" E, 119.60 feet to the east line of said Lot 1; thence N 02 °55'40" W, 86.29 feet on said east line to the point of beginning, containing 0.08 acres more or less. 7. That the'City of Blair desires that title to the real estate, described in Paragraph 1 hereinabove, be quieted and confirmed in Plaintiff as against each of the Defendants and against all persons having or claiming any interest in said real estate, real names unknown, and that each of them be enjoined forever from asserting any claim of interest in said real estate, or any portion thereof. THE CITY OF BLAIR, NEBRASKA, Plaintiff By ALLAN R. SCHOEMAKER, Director of Public Works Subscribed and sworn to before me this � day of 2007. ' GENERAL NOTARY • State of Nebraska TERRI STANFORD MY Comm. Exp, gept.l3, 2010 Notary Public Mj ��� Page 12 of 12 56 6 :2 5 = 1....- ,,,Cb F 51ME 04i h i MV 8�d. ,'Ir l k v 5 � i1' sr Ou r- T1 y� ��4 lVP I 111 nth ki �� ,fs� �� t +� 'T, � rob W Pol LO 0 55 1a8.7 �O�'�f C,li,2itLJTiEi,i'E1Cit;EN n C ; { :StiiNGTOH COUNT.,-: �F?" BLAIR, h €$R, =I z 11.84' 0 50 100 Feet LEGEND N SCALE: 1 INCH = 50 FEET 0 5/8" Rebar Found (M) Measured Distance ❑ 5/8" Rebar With Plastic (R) Record Distance Cap Stamped LS-382 Found LU f° (P) Platted Distance 5/8' x 24" Rebar With Plastic Cap Stamped LS -382 Set (C) Computed Distance. 0 Computed Corner (Not Set) ° o WASHINGTON STREET U.S. HWY. 30 Q r- 457.08' Radius - 35.00' S 89 °57'42" E (Assumed Bearing) ' Ara Distance - 14.64 Chord Bearing - N 64 52'14 w 16.96'(C 360.12'(C) C" Chord Distance - 14.53' 17.02'(R) _ _ - 65.36(C) 80.00'(C & P) 60.0'(P) 60.0'(P) T 60.0'(P) 60.0'(P) 60.0'(P) I 60 - 0'(P) T 294.76' de( sq. Ft. I� -- N 37 45 58 W 18.26' Radius - 35.00' Arc Distance - 9.18' 6 I 5 4 3 2 I 1 N 07 °36'45" W I I 21.00' Radius - 122.00' Arc Distance - 41.38' R - R 80.37'(Pro.Bc C . N N 89 0 56'24" W 260.37' - �- 260.26'(R) Tract 0.06 Ac. L b is 2,405 Sq. Ft. 1 - LO 0 uj n C ; =I O r r 60.0'(P) 60.0'(P) 60.0'(P) i i r- O 0.06 Ac. o b is 2,405 Sq. Ft. ol LO 0 N 27 0 02'30" W z 11.84' 80.00'(C & P) Q N G F 21 T LU f° I hereby certify that the survey shown and described hereon was made ender my direct supervision and that I am a duly Registered Land Surveyor ender the laws of the State of Nebraska. Richard L. Hansen � \��```�,' Registered Land Surveyor ��.�`�,�.• •SGT %, = Registration No. LS -382 Date: November 15, 2004 c KChARD LEEE • = 11AN5EN 0` Client: City of Blair Job No.: 04 -135 = . L5 - 382 ; CITY COUNCIL APPROVAL: irfrnni�ttt This Street Dedication as shown and described hereon was approved and accepteg by the City Council of the City of Blair r_�sk�t, - this day of y - �� "'- A.D., 2004. Jkll' 16 'a 2005 M a _ ATTEST. " = Blair City Clerk B BLAIR ENGINEERING 3 E SURVEYING CO. INC. S 936 GRANT ST., P.O. Box 100 C BLAIR, NEBRASKA, 68008 -0100 Q (402) 426 -9414 Joe No.: 04 - 13 5 I FILE No.: a : \EP14 \PROJECTS\04135 \04 1 CLIENT: CITY OF BLAIR DRAM BY: KSF DATE: 11/17/04 TENTH STREET DEDICATION Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair, Washington County, Nebraska 10th STREET DEDICATION: Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair, Washington County, Nebraska and more particularly described as follows: From an iron found at the Northwest Corner of Block 84, Third Addition to,the City of Blair; thence S 89 °57'42" E along the northerly line of said Block 84 a distance of 294.76 feet to the Point of Beginning; thence continuing S 89 °57'42" E along said northerly block line a distance of 65.36 feet to the Northeast Comer of said Block 84; thence S 00 0 02'57" W along the easterly line of Lot 1 in said Block 84 a distance of 100.08 feet to the Southeast Corner of said Lot 1; thence N 89 °56'24" W along the southerly line of said Lot 1 a distance of 18.12 feet; thence N 27 0 02'30" W a distance of 11.84 feet to a Point of Curvature; thence along a 122.00 foot radius curve to the right an are distance of 41.38 feet to a Point of Tangency; thence N 07 0 3645" W a distance of 21.00 feet to a Point of Curvature; thence along a 35.00 foot radius curve to the left an arc distance of 9.18 feet to a point on the southwesterly line of a 1179.27 square foot tract of land as deeded to the State of Nebraska Department of Roads and as described in a deed filed in Deed Book 279, Pages 156 -157, at the County Clerk's office at the Washington County Courthouse; thence N 37 °45'58" W along said southwesterly deeded line a distance of 18.26 feat to a point on a 35.00 foot radius curve to the left; thence departing said deeded line and along said 35.00 foot radius curve an arc distance of 14.64 feet, said curve having a chord bearing of N 64 °52'14" W and, a chord distance of 14.53 feet, feet to the Point of Beginning, less that part previously deeded to the State of Nebraska Department of Roads, as described in a deed filed in Deed Book 279, Pages 156 -157 at the County Clerk's office in the Washington County Courthouse, and containing 0.06 acres, more or less. 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J REBAR WIT H P CAP, L.S #38. 3 SOo hi ni � Z 0 CAP, L.S. #3B2 V v ti• 8 80.00 &P N 89'06 03" E 13.95 tf `�s- 5 /B" REBAR 70.10' 80.00 iN &P 360.00Y' '42'44 E ® u LEGAL DESCRIPTION /7 A PORTION OF LOT 15, BLOCK 33, ORIGINAL TOWNSITE, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST 1344 FT. ON THE SOUTH LINE OF SAID LOT; THENCE NORTHWESTERLY, 18.35 FT. ON THE NORTHERLY RIGHT OF WAY LINE OF THE ABANDONED C &NW RAILROAD TO THE WEST LINE OF SAID LOT; THENCE SOUTH, 12.51 FT. ON SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 84.0 SO. FT. MORE OR LESS SURVEYOR'S STATEMENT 8 R A S 4 CHAD W. MARSH, A REGI RE ®N EYO IN THE STATE OF NEBRASKA, HEREBY STATE THAT THIS SURVEY WAS DONE BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF Y KNOWLEDGE ANI B IEF. CHAD W. 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