2007-06-18 TruhlsenIr
361
2000 JAN 31 PM 2: 3 t
RESOLUTION NO. 2007 — 37 of �a y ;, �, _
if U �E - N
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: }
WHEREAS, a Purchase Agreement between' the Ronald K. Truhlsen and Rachel E.
Truhlsen, husband and wife, Seller, and the City of Blair, as Buyer, has been prepared and
presented to the City Council providing for the terms and provisions of the purchase by the City
of Blair for Tax Lot 99, Tax Lot 111, Tax Lot 112 & Tax Lot 632 minus the new house property
line area, all in Section 11, Township 18, Range 11 (2445 "College Drive), Washington County,
Nebraska, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by
this reference made a part hereof, and
WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the
municipality.
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
CHRISTIANSEN, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 22ND DAY OF MAY, 2007.
CITY OF BLAIR, NEBRASKA
ATTEST:
AZX e-, �&
B DA R. WHEELER, CITY CLERK
BY
JA ES . REALPH, MAYOR
(SEAL)
Recorded
General
Numerical
Photostat
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STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said city held on
the 22nd day of May, 2007.
/" "aan�
BRENDA R. WHEELER, CITY CLERK
a
i f
PURCHASE AGREEMENT— Real Estate
2007
This Purchase Agreement made and entered into by and between Ronald K. Truhlsen and
Rachel A. Truhlsen, as husband and wife, hereinafter referred to as "Seller ", and the City of
Blair, Nebraska, hereinafter referred to as "Buyer ".
Now, therefore, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the
price and on the terms hereinafter set forth, the following described property, including but not
limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally
described as follows:
(a) Legal Description of Real Estate.
BC Tax Lot 99, Tax Lot 111, Tax Lot 112 & Tax Lot 632 minus the New House
Property Line area, all in 11 -18 -11 to be more particularly described by survey.
2. Purchase Price and Terms of Pam The purchase price paid to Seller for the
aforesaid real estate and personal property being purchased by the Buyer is Twenty -Five
Thousand Dollars and No /100's ($25,000.00) cash.
3. Closing Date The closing date for the transaction shall be on or before June 30, 2007
or another date as agreed to in writing by the parties. Closing shall occur at a mutually agreed
upon location in Blair, NE. The cost of escrow closing shall be paid by Buyer. The closing shall
be handled by an agreed upon closing company.
4. Title Insurance Title insurance shall be used in the conveyance in lieu of an abstract
of title. Seller shall provide Buyer with a commitment for title insurance, showing good and
marketable title in Seller, and the policy of title insurance shall be issued by said title insurance
company on its standard form, with such printed exceptions as appear on the form and any
further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such
defects, including any easements, restrictions or other matters affecting title to the property
contained in the updated commitment that is unacceptable to Buyer or its counsel shall be
delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance.
Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects
to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are
not so cured within a reasonable amount of time, then either party may terminate this Agreement.
Seller and Buyer agree to equally divide the total cost of the title insurance premium.
5. Site Survey: The Buyer elects to have the area surveyed by a professional surveyor at
Buyers cost. Seller will cooperate with this request.
X 6 4
6. Warranty Deed Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer conveying marketable fee simple
title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the
following:
(a) Real Estate Taxes Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. Real Estate Taxes. Real estate taxes for 2006 and all prior years shall be paid by
Seller. Real estate taxes for 2006 -2007 shall be prorated to the date of possession. (The basis for
the proration shall be the most recent real estate tax statement.) The Seller shall pay all real
estate taxes, if any, owing for prior calendar years up to date of closing.
7. Possession Buyer shall have exclusive, possession of the property after the date
of closing unless otherwise agreed to otherwise in writing by the parties. Any risk of loss to the
property shall be borne by Seller until possession has been turned over to Buyer.
Seller shall assume all risk of loss until the date of transfer of possession.
8. Specific Performance It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other
party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title It is understood and agreed that this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession
thereof.
11. Hazardous Material: No hazardous or toxic material, substance, pollutant,
contaminant, waste, asbestos, or petroleum product has been released into the environment,
discharged, placed or disposed of at, near, on or under the surface of the Property. The Property
has not been used at any time by any person as a landfill or waste disposal site. There are no
underground tanks or other storage units which have or have had any hazardous or toxic
material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored
therein. No claims, litigation, or administrative proceedings are pending or threatened, and no
judgments or orders have been entered relating to any hazardous substance, hazardous waste,
discharge, emission or other form of pollution relating in any wary to the Property. No
hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act,
as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated,
manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near
the Property.
2
6
12. Personal Inspection. This offer is based upon Buyers' personal inspection and
investigation of the premises and not upon any representations or warranties of condition by
Seller. The Buyer represents to Seller that Buyer knows, has examined and has investigated to
the full satisfaction of Buyer, the physical nature and condition of the property. Buyer
acknowledges that this offer is based solely upon the personal inspection of the property by the
undersigned Buyer, and neither Seller nor any agent, attorney, employee or representative of
Seller has made any representations whatsoever regarding the subject matter of this sale or any
part thereof including (without limiting the generality of the foregoing) representations as to the
physical nature or condition of the premises to be transferred to the Buyer hereunder, except as
expressly set forth in this agreement.
13. Other Terms of Agreement
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) Buyer agrees to pay for the cost of the Purchase Agreement.
(c) This Agreement contains the entire understanding among the parties and supercedes
any prior understanding among the parties and agreements between them respecting
the within subject matter. There are no representations, agreements, arrangements or
understandings oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
By . ,,��
SELLER, RONAftl K. TRUHLSEN
B/L C
Y
SELLER, RACHEL A. TRUHLSEN
CITY OF BLAIR, NEBRASKA, Buyer
B C_
J ME E: ALPH, Mayor
5
am
ATTEST:
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City Clerk
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
by
instrument was acknowledged before me on - , 2007,
GENERAL NOTARY - State of Nebraska
JULIE A. HAYES
My Comm. Exp. Sept 5, 2007
e J
Qq U Notary Public
4 65
M
LAND SURVEYOR'S CERTIFICATE -
LEGAL DESCRIPTION:
Part of Tax Lot 632, lying in the NE1 /4 of the NW1 /4 of Section 11, Township 18 North, Range 11 East ofthe
6th Principal Meridian, Washington County, Nebraska and more particularly described as follows:
From an iron found at the Northwest Corner of Tax Lot 484 in Section 11, Township 18North, Range 11 East,
said point lying on the southerly right -of -way line of College Drive, as said drive is platted and recorded in the City
of Blair, Washington County, Nebraska and assuming that the northerly line of said Tax Lot 484, southerly drive
right -of -way line to bear N 78 °15'37" W; thence S 78 °15'37" E along said southerly drive right -of -way line a
distance of 11.50 feet to a Point of Curvature; thence continuing along said southerly drive right -of -way line, along
a 379.91 foot radius curve to the right an arc distance of 107.62 feet to an iron found at the Northeast Corner of
Tax Lot 631 in said Section 11 and the Point of Beginning; thence continuing along said southerly drive
right -of -way line, along said 379.91 foot radius curve to the right an arc distance of 4.95 feet to a
Point of Tangency, said curve having a chord bearing of S 61 °39'22" E and a chord distance `u
of 4.95 feet; thence S 61o16'58" E along said southerly street right -of -way line a distance of
154.09 feet to an iron found at the Northwest Corner of Tax Lot 317 in said Section 11; thence
S 28 °43'02" W along the westerly line of said Tax Lot 317 and its southerly projection a
distance of 177.71 feet; thence N 81 °55'00" W a distance of 167.92 feet to a point on the
westerly line of Tax Lot 632 in said Section 11; thence N 00 °00'00" W along said westerly
tax lot line a distance of 91.62 feet to an iron found at the Southwest Corner of Tax Lot 631 in
said Section 11; thence along the southerly and easterly lines of said Tax Lot 631 as follows:
N 86 °35'16" E a distance of 88.80 feet to an iron found; thence 60 0 60 Feet
N 11 °52'40" E a distance of 114.17 feet to the Point of Beginning
and containing 0.76 acres, more or less. LEGEND
SCALE: 1 INCH= 60 FEET
NW Comer
T.L. 484
(Ass 169.8 37 �T
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s mad B earing) m OZ—
158.31 &R)' ArR 3 G �\
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10 T 2 S
1 I 11.50' Sg (R)
I (M &R)
T.L. 484 4I
I to �I
LO N T.L. 631 10.2• N i.
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N oo I / 9 .6'
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SURVEYOR'S CERTIFICATION:
S67 7s ?�,
gooQO oo
\ NE Corner
l3 S T.L. 493
S� )0612
T.L. 317 ( Rj
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CO
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House
0.76 Ac.
33,047 Sq. Ft.
7
8 � 6 PAc R � Remain def
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I hereby certify that the survey shown and described hereon was
made under my direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Nebraska.
Richard L. Hansen
Registered Land Surveyor
Registration No. LS -382
Date: June 15, 2007
Client: City of Blair
Job No.: 07 -067
Q 1/2" Rebar Found
0 3/4" Pinched -top Pipe Found
o " LAND
Q �G
RICHARD LEE
-C9:, HAN5EN .�
'• L5 -382
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❑
3/4" Open -top Pipe Found
Chord Distance -4.95'
C o
Blair, Nebraska, 68008 -0100
(402) 426 -9414
3hord Bearing - S 61'39'22" E
IZ
3/4" Smooth Bar Found
Arc Length - 4.95'
\ 5.00'(R)
0
5/8" x 24" Rebar With Plastic
\
Cap Stamped LS -382 Set
�\
(M)
Measured Distance
(R)
Record Distance
House
0.76 Ac.
33,047 Sq. Ft.
7
8 � 6 PAc R � Remain def
.01�.
I hereby certify that the survey shown and described hereon was
made under my direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Nebraska.
Richard L. Hansen
Registered Land Surveyor
Registration No. LS -382
Date: June 15, 2007
Client: City of Blair
Job No.: 07 -067
Q 1/2" Rebar Found
0 3/4" Pinched -top Pipe Found
o " LAND
Q �G
RICHARD LEE
-C9:, HAN5EN .�
'• L5 -382
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BLAIRENGINEERING&
E
S
SURVEYING CO. INC.
936 Grant St, P.O. Box 100
C o
Blair, Nebraska, 68008 -0100
(402) 426 -9414
Job No.: 07-067 1 File No.: c:\ CarLson2006 \work\07067 \07- 067.dw9
Client: City of Blair Drawn sy: resF Date: 06/18!07
TO BE FILED F
SVITI-I RE;3ISTER Esta T ransf er S ta t ement
OF DEEDS This Statement is Confidential — for Tax Officials Onl
TAF r1FF11 Will 7. NA r RF RTi CnRTFi n iTNr RRR TA1Q RTATFMFNT CR Ri(_NR71 AND 1 JNFR 1 - ARE ACCITRATFLY COMPLETED
1 County Name
2 County Number
26 Date Deed Recorded
3 Date of Sale
4 Date of Deed
Washington
89
5 Grantor's Name Address and Telephone Please Print
6 Grantee's Name Address and Telephone Please Print
Grantor's Name (Seller)
Grantee's Name (Buyer)
Ronald K. Truhlsen Rachel A. Truhlsen
City of Blair Nebraska a Municipal Corporation
Street or Other Mailing Address
Street or Other Mailing Address
218 South 16th Street
Blair NE 68008
City State Zip
Code
City State Zip Code
Blair Nebraska 68008
Telephone Number
Telephone Number
7 PROPERTY CLASSIFICATION NUMBER. Check one box in category A and B. Check C also if property is mobile home.
A Status
B
Property Type
C
(1) ^Improved
(1) `/Single Family (4) _ Industrial (6) — Recreational
(8) _Mineral Interests- (9) — State Assessed
(1) MobileHome
7
(2) Unimproved
(2) _ Multi- Family (5) _ Agricultural (7) _
Mineral Interests- Producing (10) — Exempt
(3) _ IOLL
(3) _ Commercial
Non - producing
8 X yw, of Deed
9.
arranty _ Sheriff _ Executor _ Mineral
_ Cemetery
_ Quit Claim _ Conservator _ Partition _ Trust
_ Other
Ir ype of Transfer:
, Sale _ Auction Gift Exchange Foreclosure Satisfaction of Contract — Life Estate Other (explain)
11,6wnership Transferred in Full (if No, explain division)
V Yes _
13 Was sale
12 � real estate purchased for same use? (if No, state intended use)
Yes No
relatives? (If Yes, check appropriate box)
Spouse _ Parents and Child _ Family Corporation or Partnership
Grandparents and Grandchild _ Brothers and Sisters _ Aunt or Uncle to Niece or Nephew _ Other
Yes -1/- No
14 If the real estate was transferred for nominal consideration, what is the current
market value?
15 Was mo7No . assumed? If Yes, state amount and interest rate.
Yes $ %
1§*`Does this conveyance divide a current parcel of land? 17 Was sale thr h a real estate agent? (If YES, name of agent)
V Yes No I Yes o o
18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent
Pt Tax Lots 99,111,112 & 632, Section 11- 18 -11, Blair, NE City of Blair, Nebraska, a Municipal Corporation
68008 218 South 16th Street, Blair, NE 68008
20 Legal Description
21 If agricultural, list total number of acres
See attached legal description
22 Total purchase price, including any liabilities assumed .............................................................. ............................... 22 $25,00(.00
23 Was nonreal property included in purchase? _ Yes _ No (if Yes, enter amount and attach itemized list) ............................... 23
24 Adjusted purchase price paid for real estate (line 22 minus line 23) ............................................... ............................... 24
25,00
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.
ze
Sign
here \
City of Blair, Nebraska, a Municipal Corporation
Print or Type Name of Grantee or Authorized Representative
Buyer
Telephone Number
/
Signature of Grantee or Authorized Representative Ti tic Date
REGISTER OF DEEDS' USE ONLY
FOR NDR USE ONLY
26 Date Deed Recorded
27 Value of Stamp or Exempt Number
28 Deed Book
29 Deed Page
30
lNenrasxa lJepartment or Revenue form No. 2- 146 -67 Rev. 9.94 Autnorrzeu ny Sectrons to -L14, l t -1DLr, r<.r<.a 1y43
Supersedes 2- 146 -67 Rev. 11 -92
ARES —668
Tax Lots 99, 111, 112 and 632 in Section 11, Township 18 North, Range 11 East
of the 6th P.M., Washington County, Nebraska, less the following described
real estate:
Part of Tax Lot 632, lying in the .NE1 /4 of the NW1 /4 of Section 11, Township 18 North, Range 11 East of the
6th Principal Meridian, Washington County, Nebraska and more particularly described as follows:
From an iron found at the Northwest Corner of Tax Lot 484 in Section 11, Township 18North, Range 11 East,
said point lying on the southerly right -of -way line of College Drive, as said drive is platted and recorded in the City
of Blair, Washington County, Nebraska and assuming that the northerly line of said Tax Lot 484, southerly drive
right -of -way line to bear N 78 °15'37" W; thence S 78 0 15'37" E along said southerly drive right -of -way line a
distance of 11.50 feet to a Point of Curvature; thence continuing along said southerly drive right -of -way line, along
a 379.91 foot radius curve to the right an arc distance of 107.62 feet to an iron found at the Northeast Corner of
Tax Lot 631 in said Section 11 and the Point of Beginning; thence continuing along said southerly drive
right -of -way line, along said 379.91 foot radius curve to the right an arc distance of 4.95 feet to a -
Point of Tangency, said curve,having a chord bearing of S 61 0 39'22" E and a chord distance
of 4.95 feet; thence S 61 E along said southerly street right -of -way line a distance of
154.09 feet to an iron found at the Northwest Corner of Tax Lot 317 in said Section 11; thence
S 28 0 43'02" W along the westerly line of said Tax Lot 317 and its southerly projection a
distance of 177.71 feet; thence N 81 °55'00" W a distance of 167. 92 feet to a point the. _
westerly line of Tax Lot 632 in said Section 11; ,thence N 00 °00'00" W along said westerly
tax lot line a distance of 91.62 feet to an iron found at the Southwest Corner of Tax Lot 631 in
said Section 11; thence along the southerly and easterly lines of said Tax Lot 631 as follows:
N 86 °35'16" E a distance of 88.80 feet to an iron found; thence
N 11 °52'40" E a distance of 114.17 feet to the Point of Beginning
and containing 0.76 acres, more or less.
EXHIBIT "A"
American Land Title Association Commitment - 1966
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
stewar
title guaranty company
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies
is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an autho-
rized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
title guaranty company
Chai of t e Board I' . %`��E•s�q f President
Countersigned b Q.' G�BPUq�r
�, •;• 19 *0 8 off
�MViN /TIM
Authoriz d natory
Company
City, State
B LAIR ABSTRACT & TfTLE COMPANY
Serving Washington Count jl Since 1925
TI'T'LE OFFICE
P.O. Box 428
Blair, NE 68008
Phone: (402) 426 -4844
Fax: (402) 42 -4811
CLOSING Oh'FICE
706 South 19' Street
Blair, NE 68008
Phone: (402) 426 -9191
Fax: (402) 426 -9166
005 - LIN - Rev. 3/78
EX141BIT 1
Revised Privacy Notice
(Modified June, 2005)
Stewart 'title Guaranty Company and Flair Abstract & Title Company
Privacy Policy Notice
]PURPOSE OF THIS NOTICE
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party
unless the institution provides you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to-whom it may be disclosed. In
compliance with the GLBA, we are providing you with this document, which notifies you of the privacy
policies anal practices of Stewart Title Guaranty Company and Blair Abstract & Title Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Infornation about your transactions we secure from our files, or from (our affiliates or) others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such. as the real estate agent, or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to nonaffiliated companies that
perform services on our behalf.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply.with federal regulations to guard your nonpublic personal information.
SCHEDULE B
Order Number: ST -6267 Commitment Number: ST -6267
PARTI
Showing matters which will be excepted in the Policy unless the same are disposed of to the
satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires for value of record the estate or interest or mortgage thereon covered
by this commitment.
2. Taxes for the current year.
3. Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments or
any overlapping of improvements of other boundary or location disputes (can be eliminated or
amended in mortgagee's policy upon proper evidence being furnished).
4. Restrictive covenants affecting the property described in Schedule A.
5. Rights or claims of parties in possession, and not of record in the public records; liens for labor,
services or material or claims to same which are not of record in said records.
6. Any roadway or easement, similar or dissimilar, on, under, over or across said property, or any
part thereof and not of record in said records.
7. Any titles or rights asserted by anyone, including but not limited to persons, corporation,
governments, or other entities, to tidelands, or land comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or riparian rights, is any.
PART II
The following matters will be excepted in Schedule B of the policy to be issued.
SPECIAL EXCEPTIONS: Those exceptions to title disclosed by a search of the title for which no
coverage is provided by this commitment.
1. TAXES: Parcel No. 890039515 — Tax Lots 99, 111, 112 & 632 in 11- 18 -11— 2006 taxes in the
amount of $2,347.10 became due December 31, 2006; 1" half is shown paid; 2 half will
become delinquent September 1, 2007.
NOTE Separate taxes for subject property will not be levied until a future date.
2. EAS EMENT recorded February 20, 1968 in Misc. Book S, Page 402. Grants an easement to
the City of Blair, Nebraska, for a drainageway with ditch checks thereon. Would effect only
the West 10' of Tax Lots 99 and 111 and the West 10' of the remainder of Tax Lot 632, if at
all.
3. AGREEMENT recorded March 29, 1968 in Misc. Book S, Page 460 to the City of Blair,
Nebraska for the purpose of constructing a drainage way thereon. Would effect only the West
10' of Tax Lots 99 and 111 and the West 10' of the remainder of Tax Lot 632, if at all.
4. Tax Lots 99 and 11 have access by virtue of the fact that they are adjacent to Tax Lot 632 and
Tax Lot 112 and if sold separately said tax lots would not have access.
CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, Page 467 and
recorded in Record Book 134, Page 496 and all amendments thereto.
SCHEDULE C
Order Number: ST -6267
Commitment Number: ST -6267
The following requirements must be met and completed to the satisfaction of the Company before its
policy of title insurance will be issued.
1. Show that restrictions or restrictive covenants have not been violated.
2. Payment to or for the account of the grantors or mortgagors of the full consideration for the real
estate or interest, mortgage or lien to be issued.
3. Furnish proof of payment of all bills for labor and material furnished or to be furnished in
connection with improvements erected or to be erected.
4. Pay all general and special taxes now due and payable including the following:
() Record instrument conveying or encumbering the estate or interest to be insured, briefly
described:
5. Need either certified copy of the minutes of the Blair City Council or resolution of the Blair
City Council approving split of subject property, now known as Tax Lot 632 in Section 11,
Township 18 North, Range 11 East of the 6 th P.M., in the City of Blair, Washington County,
Nebraska. Said minutes or resolution to be filed for record and indexed on said Tax Lot 632.
6. Need deed of reconveyance for deed of trust dated November 5, 2003, recorded November 13,
2003 in Record Book 424, Pages 387 -395 given by Ronald Keith Truhlsen and Rachel A.
Truhlsen, husband and wife, as Trustor, given to Lincoln Federal Savings Bank of Nebraska, as
Trustee and Beneficiary. Assignment dated November 5, 2003, recorded December 1, 2003 in
Record Book 425, Page 429 and Subsequent Assignment dated May 16, 2007, recorded May
24, 2007 in Record Book 510, Page 305 assigning to Wells Fargo Bank, NA. Need either deed
of reconveyance from Lincoln Federal Savings Bank of Nebraska, Trustee, or substitution of
trustee and deed of reconveyance from successor trustee filed for record. (Deed of Trust on Tax
Lots 99, 111, 112 & 632 in 11- 18 -11).
7. Need deed from Ronald Keith Truhlsen and Rachel A. Truhlsen, husband and wife, to City of
Blair, Nebraska, a municipal corporation, conveying the property described in Schedule A,
Item 5; said deed to be filed for record.
8. Need execution of attached affidavit. Upon execution said affidavit to be returned to Blair
Abstract & Title Company.
Tax Lots 99, 111, 112 and 632 in Section 11, Township 18 North, Range 11 East
of the 6th P.M., Washington County, Nebraska, less the following described
real estate:
Part of Tax Lot 632, lying in the .NE114 of the NW1 /4 of Section 11, Township 18 North, Range 11 East of the
6th Principal Meridian, Washington County, Nebraska and more particularly described as follows:
From an iron found at the Northwest Corner of Tax Lot 484 in Section 11, Township 18North, Range 11 East,
said point lying on the southerly right -of -way line of College Drive, as said drive is platted and recorded in the City
of Blair, Washington County, Nebraska and assuming that the northerly line of said Tax Lot 484, southerly drive
right -of -way line to bear N 78 °15'37" W; thence S 78 °15'37" E along said southerly drive right -of -way line a
distance of 11.50 feet to a Point of Curvature; thence continuing along said southerly drive right -of -way line, along
a 379.91 foot radius curve to the right an arc distance of 107.62 feet to an iron found at the Northeast Corner of
Tax Lot 631 in said Section 11 and the Point of Beginning; thence continuing along said southerly drive
right -of -way line, along said 379.91 foot radius curve to the right an arc distance of 4.95 feet to a
Point of Tangency, said curve,having a chord bearing of S 61 °39'22" E and a chord distance
of 4.95 feet; thence S 61 E along said southerly street right -of -way line a distance of
154.09 feet to an iron found at the Northwest Corner of7ax Lot 317 in said Section 11; thence
S 28 °43'02" W along the westerly line of said Tax Lot 317 and its southerly projection a
distance of 177.71 feet; thence N 81 °55'00" W a distance of 167. 92 feet to a point on the .
westerly line of Tax Lot 632 in said Section 11; ,thence N 00 °00'00" W along said westerly
tax lot line a distance of 91.62 feet to an iron found at the Southwest Corner of Tax Lot 631 in
said Section 11; thence along the southerly and easterly lines of said Tax Lot 631 as follows:
N 86 °35'16" E a distance of 88.80 feet to an iron found; thence
N 11 °52'40" E a distance of 114.17 feet to the Point of Beginning
and containing 0.76 acres, more or less.
EXHIBIT "A"
CITY Of BtAIQ
May 25, 2007
Ronald and Rachel Truhlsen
2445 College Drive
Blair, Nebraska 68008
e of a
RE: Purchase Agreement
Dear Mr. & Mrs. Truhlsen,
Enclosed are three (3) copies of the above agreement for your signatures.
After signing, please return two copies to my attention and keep one copy for your
file. You will note that your signatures do need to be notarized. If you do not have
contact with a notary, there are several at City Hall for your convenience.
If you have any questions, feel free to contact me. Thank you in advance for
your assistance in this matter.
Sincerely,
fixav('_
Brenda Wheeler
City Clerk
Enc
218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 • Fax 402 - 426 -4195 ^ E -mail cifyofblair @ci,blair,ne,us
Rodney Storm
From: Rachel Truhisen [rtruhisen @huntel.net]
Sent: Saturday, May 19, 2007 7:25 AM
To: James Realph EXT
Subject: Truhisen property
Mr. Mayor --
I thought I should provide you with a status report on our property. We plan to get a
"For Sale" sign in the yard this weekend. In the meantime, we are in the process of
contacting a few folks who have, in the past, expressed an interest in the property,
whether the interest be in the house or in the entire property, to determine how serious
the interest may be.
The folks from Uehling stopped by on Wednesday and visited with Tom Mencke as he painted,
but we have not yet heard from them.
In the meantime, I have thought of a couple options:
(1) If the City were to buy the entire property, we would then
rent the house back from the City for a period of time that would end upon the earlier to
occur of (a) finding a buyer, or (b) the completion of our new residence (6 -8 months from
the time of breaking ground). The City would then have the liberty to proceed with its
trail plans, and we can assist in actively finding a buyer for the house. The house is in
better condition than I have ever seen it, and this option gives the City control of the
property.
(2) Ron & I could grant the City a conditional easement to use
the back portion of the property. In reality, this would serve no legal purpose as the
condition of the easement would be the sale of the house, and the consideration for the
easement would be the purchase price of the "back"
portion; however, this may satisfy the State prerequisite that the City must either own
the property or have an easement before a trail plan will be considered. It could then
give the City the ability to submit the trail for approval under two path alternatives.
In short, it buys both the City and us some time to find a buyer that may be interested in
just the house.
We would truly like to find a solution that is in the best interests of all parties
involved. I will keep you updated as we receive any response from our "For Sale" sign.
Thank you.
Rachel Truhlsen
,�;
American Land Title Association Commitment - 1966
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
F stewar'
%a
title guaranty company
Signed under seal for thNorNany, but this Commitment shall not be valid or binding until it bears an autho-
rized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Authoriz6t�ignatory
Company
title guaranty company
``t 10 ClE Gild
i~ 1908 % ®
_ � ••.,' er . •rte t`�$
� EX Pg�pM°`
AcriN/NA
City, State i d f s�R AT_ `' ('T & I TI Rr r C- A HI V
'FITLE OFFICE C1,0SrNG OFFICE
tide C 0
fflair, NE 69008 laij °, NE 68008
Pp n (4. 2) 426-4844. Phone: ('402) _426 - 9191
T ... 1
005 - UN - Rev. 3/78
EXHIBIT 1
Revised Privacy :y N'otice
(Modified June, 2005)
Stewart Title Guaranty Company and Blair Abstract & Title Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm- Leach - Bliley Act (GLBA.) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party
unless the institution provides you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to whom it may be disclosed. In
compliance with the CGLBA, we are providing you with this document, which notifies you of the privacy
policies and practices of Stewart Title Guaranty Company and Blair Abstract & Title Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from (our affiliates or) others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent, or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to nonaffiliated companies that
perform services on our behalf.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
W restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply federal regulations to guard your nonpublic personal information.
PREMIUM:
Owner's Policy $100.00
SCHEDULE A
Order Number: ST -6268 Commitment Number: C- 9992 -ST -6268
1. Effective date: June 20, 2007 at 8:00 o'clock A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's $ 25,000.00
Proposed Insured: CITY OF BLAIR, NEBRASKA, a Municipal Corporation.
(b) A.L.T.A. Mortgagee's $
Proposed Insured:
(c) A.L.T.A. Mortgagee's $
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple title
4. Title to the real estate or interest in said land is at the effective date hereof vested in:
RONALD KEITH TRUHLSEN, a single person
(Book 229, Page 470).
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" attached hereto and by this reference made a part hereof.
SCHEDULE C
Order Number: ST -6267
Commitment Number: ST -6267
The following requirements must be met and completed to the satisfaction of the Company before its
policy of title insurance will be issued.
1. Show that restrictions or restrictive covenants have not been violated.
2. Payment to or for the account of the grantors or mortgagors of the full consideration for the real
estate or interest, mortgage or lien to be issued.
3. Furnish proof of payment of all bills for labor and material furnished or to be furnished in
connection with improvements erected or to be erected.
4. Pay all general and special taxes now due and payable including the following:
O Record instrument conveying or encumbering the estate or interest to be insured, briefly
described:
5. Need either certified copy of the minutes of the Blair City Council or resolution of the Blair
City Council approving split of subject property, now known as Tax Lot 632 in Section 11,
Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County,
Nebraska. Said minutes or resolution to be filed for record and indexed on said Tax Lot 632.
6. Need deed of reconveyance for deed of trust dated November 5, 2003, recorded November 13,
2003 in Record Book 424, Pages 3 87-3 95 given by Ronald Keith Truhlsen and Rachel A.
Truhlsen, husband and wife, as Trustor, given to Lincoln Federal Savings Bank of Nebraska, as
Trustee and Beneficiary. Assignment dated November 5, 2003, recorded December 1, 2003 in
Record Book 425, Page 429 and Subsequent Assignment dated May 16, 2007, recorded May
24, 2007 in Record Book 510, Page 305 assigning to Wells Fargo Bank, NA. Need either deed
of reconveyance from Lincoln Federal Savings Bank of Nebraska, Trustee, or substitution of
trustee and deed of reconveyance from successor trustee filed for record. (Deed of Trust on Tax
Lots 99, 111, 112 & 632 in 11- 18 -11).
7. Need deed from Ronald Keith Truhlsen and Rachel A. Truhlsen, husband and wife, to City of
Blair, Nebraska, a municipal corporation, conveying the property described in Schedule A,
Item 5; said deed to be filed for record.
8. Need execution of attached affidavit. Upon execution said affidavit to be returned to Blair
Abstract & Title Company.
Tax Lots 99, 111, 112 and 632 in Section 11, Township 18 North, Range 11 East
of the 6th P.M., Washington County, Nebraska, less the following described
real estate:
Part of Tax Lot 632, lying in the . NE1 /4 of the NW1 /4 of Section 11, Township 18 North, Range 11 East of the
6th Principal Meridian, Washington County, Nebraska and more particularly described as follows:
From an iron found at the Northwest Corner of Tax Lot 484 in Section 11, Township 18North, Range 11 East,
said point lying on the southerly right -of -way line of College Drive, as said drive is platted and recorded in the City
of Blair, Washington County, Nebraska and assuming that the northerly line of said Tax Lot 484, southerly drive
right -of -way line to beer N 78 °15'37" W; thence S 78 °15'37" E along said southerly drive right -of -way line a
distance of 11.50 feet to a Point of Curvature; thence continuing along said southerly drive right -of -way line, along
a 379.91 foot radius curve to the right an arc distance of 107.62 feet to an iron found at the Northeast Corner of
Tax Lot 631 in said Section 11 and the Point of Beginning; thence continuing along said southerly drive
right -of -way line, along said 379.91 foot radius curve to the right an arc distance of 4.95 feet to a
Point of Tangency, said curve,having a chord bearing of S 61'39'22" E and a chord distance
of 4.95 feet; thence S 61'16'58" E along said southerly street right -of -way line a distance of
154.09 feet to an iron found at the Northwest Corner of Tax Lot 317 in said Section 11; thence
S 28 °43'02" W along the westerly line of said Tax Lot 317 and its southerly projection a
distance of 177.71 feet; thence N 81 °55'00" W a distance of 167. 92 feet to a point on the,
westerly line of Tax Lot 632 in said Section 11; thence N 00 °00'00" W along said westerly
tax lot line a distance of 91.62 feet to an iron found at the Southwest Corner of Tax Lot 631 in
said Section 11; thence along the southerly and easterly lines of said Tax Lot 631 as follows:
N 86 °35'16" E a distance of 88.80 feet to an iron found; thence -
N 11'52'40" E a distance of 114.17 feet to the Point of Beginning
and containing 0.76 acres, more or less.
EXHIBIT "A"
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
January 29, 2008
Brenda Wheeler
City of Blair
Dear Brenda:
CLOSING OFFICE
706 South 19" Street
Blair, NE 68008
Phone: (402) 426 -9191
Fax: (402) 426 -9166
Tami Johnson, Manager
Please find enclosed a copy of the resolution and purchase agreement I would like you to
filed for record. Please note that this copy of the purchase agreement did not have Jim's
signature. If you have the original copy that is what should be filed. Also please attach the
enclosed land surveyor's certificate from Dick. Once you file these that should suffice for any
requirement Dick had and clear the split up for title insurance purposes. Thank you very much.
Sincere ours,
017%
r
David O'Hanlon
enclosures
ko""-
RESOLUTION NO. 2007 - 37
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the Ronald K. Trublsen and Rachel E.
Truhlsen, husband and wife, Seller, and the City of Blair, as Buyer, has been prepared and
presented to the City Council providing for the terms and provisions of the purchase by the City
of Blair for Tax Lot 99, Tax Lot 111, Tax Lot 112 & Tax Lot 632 minus the new house property
line area, all in Section 11, Township 18, Range 11 (2445 College Drive), Washington County,
Nebraska, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by
this reference made a parr hereof, and
WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the
municipality,
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER. BIFFAR.
UPON ROLL CALL, COUNCIL :MEMBERS STEWART, SCHEVE, SHOTWELL,
CHRISTIANSEN, ABBOTT AND BIFFAR VOTING ",AXE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 22ND DAY OF MAY, 2007.
CITY OF BLAIR, NEBRASKA
BY
JA ES . REALPH, MAYOR
ATTEST:
AZI 1�, �,&� -
B DA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R, WHEELER hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said city held on
the 22nd day of May, 2007.
2 �& " /' 4-, -/"
BRE A R. WHEELER, CITY CLERK
6. Warranty Deed Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer conveying marketable fee simple
title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the
following:
(a) Real Fstate Taxes Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. Real Estate Taxes. Real estate taxes for 2006 and all prior years shall be paid by
Seller. Real estate taxes for 2006 -2007 shall be prorated to the date of possession., (The basis for
the proration shall be the most recent real estate tax statement.) The Seller shall pay all real
estate taxes, if any, owing for prior calendar years up to date of closing.
7. Possession Buyer shall have exclusive possession of the property after the date
of closing unless otherwise agreed to otherwise in writing by the parties. Any risk of loss to the
property shall be home by Seller until possession has been turned over to Buyer.
Seller shall assume all risk of loss until the date of transfer of possession.
8. Specific Performance It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other
party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title It is understood and agreed that this Agreement shall in no
manner be construed to ' convey title to said property or to give any right to take possession
thereof
11. hazardous Material: No hazardous or toxic material, substance, pollutant,
contaminant, waste, asbestos, or petroleum product has been released into the environment
discharged, placed or disposed of at, near, on or under the surface of the Property. The Property
has not been used at any time by any person as a landfill or waste disposal site. There are no
underground tanks or other storage units which have or have had any hazardous or toxic
material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored
therein_ No claims, litigation, or administrative proceedings are pending or threatened, and no
judgments or orders have been entered relating to any hazardous substance, hazardous waste,
discharge, emission or other form of pollution relating in any wary to the Property. No
hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act,
as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated,
manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near
the Property.
2
12. Personal Inspection. This offer is based upon Buyers' personal inspection and
investigation of the premises and not upon any representations or warranties of condition by
Seller. The Buyer represents to Seller that Buyer knows, has examined and has investigated to
the full satisfaction of Buyer, the physical nature and condition of the property. Buyer
acknowledges that this offer is based solely upon the personal inspection of the property by the
undersigned Buyer, and neither Seller nor any agent, attorney, employee or representative of
Seller has made any representations whatsoever regarding the subject matter of this sale or any
part thereof including (without limiting the generality of the foregoing) representations as to the
physical nature or condition of the premises to be transferred to the Buyer hereunder, except as
expressly set forth in this agreement.
13. Other Terms of Agreement
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) Buyer agrees to pay for the cost of the Purchase Agreement.
(c) This Agreement contains the entire understanding among the parties and supercedes
any prior understanding among the parties and agreements between them respecting
the within subject matter. There are no representations, agreements, arrangements or
understandings oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
B y �
SELLER, RONAL K. TRUHLSEN
SELLER, RACHEL A. TRUHLSEN
CITY OF BLAIR, NEBRASKA, Buyer
By
JAMES E. REALPH, Mayor
ATTEST:
City Clezk
STATE OF NEBRASKA )
) .SS:
COUNTY OF WASHINGTON )
he foregoing instrument was acknowledged before tie on 2007,
by
x NERAL. M
My
Notary Public
4
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you
make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions.
Visit our World -Wide Web site at http: / /www.stewart.com fl e
ALTA Owner's Policy (6- 17 -06) OWNER'S POLICY ®FTITLE INSURANCE
ISSUED BY
SUBJECTTOTHE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, ANDTHE
CONDITIONS, STEWARTTITLE GUARANTY COMPANY, aTexas corporation (the "Company ") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage,,not exceeding the Amount of Insurance, sustained
or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is'not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term ' "encroachment" includes encroachments of existing improvements
located on the Land onto adjoining land, and encroachments ontothe Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to:
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
ALTA Owner's Policy (6/17/06)
,, t�tle guaranty company
O K71ilI
/O! //r I
Chair of the Board
President
w ti
Countersigned: ,
1908 :0
IRggS rtNtC l U i i7LE COMPANY
F� O. Box 428
Authorize ountersignature
' + +? +r +r ?«'=
BLAIR NE 68008
B LAIR ABSTRACT -& TITLE COMPAN
( 4264
Company
F AX (402) 4264811
B LAIR, NEBRASKA 68008
City, State
Seria of
Polic �
,� Part 1 of
® 1 -940
ALTA Owner's Policy (6/17/06)
Name and address of title insurance company
Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252 -2029
File Number: ST -6268
Address Reference:
Amount of Insurance: $25,000.00
Date of Policy: June 29, 2007 at 2:40 o'clock P.M.
1. Name of Insured:
Name and address of issuing agent
Blair Abstract & Title Company
1904 South Street, Suite 107
Blair, Nebraska 68008
(402) 426 -4844
Policy No. 0 -9401 - 173173
Premium: $117.50
CITY OF BLAIR, NEBRASKA, a Municipal Corporation.
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is:
fee simple title
3. Title is vested in:
CITY OF BLAIR, NEBRASKA, a Municipal Corporation (Book 512, Pages 104 -105).
4. The Land referred to in this policy is described as follows:
SEE EXHIBIT "A" attached hereto and by this reference made a part hereof.
SCHEDULE B — Part I
File No.: ST -6268 Policy No: 0- 9401 - 173173
Exceptions from Coverage
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or
expenses that arise by reason of.
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey or inspection of the premises.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished;
imposed by law and not shown by the public records.
5. Community property, dower, courtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
6. Any titles or rights asserted by anyone including but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7. Reservation contained in Patent -from the United States of America of State where the land
described in Schedule A is located.
8. Restrictive covenants affecting the property described in Schedule A.
9. Taxes for the year 2007 and thereafter.
TAXES: Parcel No. 890039515 — Tax Lots 99, 111, 112 & 632 in 11- 18 -11— 2006 taxes
in the amount of $2,347.10 and all prior taxes shown paid in full.
NOTE: Separate taxes for subject property will not be levied until a future date.
2. EASEMENT recorded February 20, 1968 in Misc. Book S, Page 402. Grant an easement
to the City of Blair, Nebraska, for a drainage way with ditch checks thereon. Would
effect only the West 10' of Tax Lots 99 and 11 and the West 10' of the remainder of Tax
Lot 632, it at all.
3. AGREEMENT recorded March 29, 1968 in Misc. Book S, page 460 to the City of Blair,
Nebraska for the purpose of constructing a drainage way thereon. Would effect only the
West 10' of Tax Lots 99 and 11 and the West 10' of the remainder of Tax Lot 632, it at
all.
4. Tax Lots 99 and 111 have access by virtue of the fact that they are adjacent to Tax Lot
632 and Tax Lot 112 and if sold separately said tax lots would not have access.
5. CITY OF BLAIR ZONING REGULATIONS recorded in Deed Book 71, page 467 and
recorded in Record Book 134, Page 496 and all amendments thereto.
Tax Lots 99, 111, 112 and 632 in Section 11, Township 18 North, Range 11 East
of the 6th P.M., Washington County, Nebraska, less the following described
real estate:
Part of Tax Lot 632, lying in the NE1 /4 of the NW1/4 of Section 11, Township 18 North, Range 11 East of the
6th Principal Meridian, Washington County, Nebraska and more particularly described as follows:
From an iron found at theNortheast Corner of Tax Lot 484 in Section 11, Township 18North, Range 11 East,
said point lying on the southerly right -of -way line of College Drive, as said drive is platted and recorded in the City
of Blair, Washington County, Nebraska and assuming that the northerly line of said Tax Lot 484, southerly drive
right -of -Way line to bear N 78 °15'37" W; thence S 78 °15'37" E along said southerly drive right -of -way line a
distance of 11.50 feet to a Point of Curvature; thence continuing along said southerly drive right -of -way line, along
a 379.91 foot radius curve to the right an arc distance of 107.62 feet to an iron found at the Northeast Corner of
Tax Lot 631 in said Section 11 and the Point of Beginning; thence continuing along said southerly drive
right -of -way line, along said 379.91 foot radius curve to the right an arc distance of 4.95 feet to a
Point of Tangency, said curve,having a chord bearing of S 61 °39'22" E and a chord distance
of 4.95 feet; thence S 61'16'58" E along said southerly street right -of -way line a distance of
154.09 feet to an iron found at the Northwest Corner of Tax Lot 317 in said Section 11; thence
S 28 °43'02" W along the westerly line of said Tax Lot 317 and its southerly projection a
distance of 177.71 feet; thence N 81 °55'00" W a distance of 167.92 feet to a point the .
westerly line of Tax Lot 632 in said Section 11; thence N 00 °00'00" W along said westerly
tax lot line a distance of 91.62 feet to an iron found at the Southwest Corner of Tax Lot 631 in
said Section 11; thence along the southerly and easterly lines of said Tax Lot 631 as follows:
N 86 °35'16" E a distance of 88.80 feet to an iron found; thence -
N 11'52'40" E a distance of 114.17 feet to the Point of Beginning
and containing 0.76 acres, more or less.
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