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2003-05-28 Country Tire IncTO BE FILED R ea l E s t a t e T rans f er St a t emen t F ORM WITH REGISTER ® Read instructions on reverse side OF DEEDS THE DEED WILL NOT BE RECORDED UNLESS THIS STATEMENT IS SIGNED AND LINES 1 -25 ARE ACCURATELY COMPLETED 1 County Name 2 County Number 3 Date of Sale 4 Date of Deed .. _ �= Mo. Day Yr. Mo. Day Yr. 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) M E a Nonproducing Street or Other Mailing Address Street or Other Mailing Address - � I:. City State Zip Code City State Zip Code ,l Telephone Number Telephone Number a., 10 Type of Transfer C SSIFICATION NUMBER. Check one box in categories A and B. Check C also if property is mobile home. �(A) PROPERTY Status I (B) Property Type I (C) (1)J Improved (1)U Single Family (4) U Industrial (6) LJ Recreational (8) U Mineral Interests- (9) U State Assessed (1) ❑ Mobile Home (2)7 Unimproved (2)❑ Multi- Family 1 (3)E3, (5) ❑ Agricultural (7) ❑ Mineral Interests- Producing (10) ❑ Exempt (3)❑ IOLL Commercial Nonproducing 8 Type of Deed ❑ Warran ty ❑ Quit Claim ❑Sheriff ❑ Conservator F] Executor ❑Partition ❑ Mineral ❑Cemetery ❑ Trust ❑Other ,l a., 10 Type of Transfer ❑ Sale ❑ Auction ❑ Gift ❑ Exchange ❑ Foreclosure ❑ Satisfaction of Contract ❑ Life Estate ❑ Other (explain) 11 ownership Transterred in Full (it No, explain division) ].d was real estate purcnasea for same use? (it No, state intended use) ❑;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 $ % 16 Does this conveyance divide a current parcel of land? 17 Was sale through a real estate agent? (if Yes, name of agent) ❑ YES ONO I ❑YES ❑ NO 16 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent 20 Legal Description 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 24 Adjusted purchase price paid for real estate (line 22 minus line 23) .... . ..........................': i 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 h ere F Signature of Grantee or Authorized Representative Title Telephone Number Date REGISTER OF DEEDS' USE ONLY FOR NDR USE ONL 26 Date Deed Recorded Mo. Day - Yr. 27 Value of Stamp or Exempt Number t., . 26 Deed Book 29 Deed Page 30 Nebraska Department of Property Assessment & Taxation Form No. 2- 146 -67 Rev. 12 -00 Supersedes 2- 146 -67 Rev, 9 -94 NEBRASKA DEPARTMENT OF REVENUE -- White Copy printed with soy ink on Eery, %d paper Authorized by Sections 76 -214, 77 -1327, R.R.S. 1943 COUNTY ASSESSOR — Canary and Pink Copies GRANTEE — Goldenrod Copy 4 o J LUX a r 6 a C-Y W W H [ � p S ] t CO �� u ' D t cn • t- f-- cz LJLJ r a tom? Co 00 cU r = � Zia Qt� Qt -KC ,7 o J LUX a r 6 a C-Y W W H [ � p S ] t ' t cn • a 00 cU 4� = � Zia im ,7 o J LUX a r 6 a C-Y W W H [ � p S ] 1% MI 0 � o a cU 4� = O Ln rn In a N , bA N � U N � cd O 5 N `�Ty cH O ��-+ O d N N N O h Ln U O O U F=1 O U c Is 1 vi i p •m O O off! U g N Ln O N bOA P, H W 0 o H � o ® a Z u 1% MI � R U � U 3 im o r Z ® N M Ci u. � x � p V z u� U o� o � � U O � U O Q U � O cd O � H U ,sa O � U O � O L"r O O O � o a o o = O � R U � U 3 im o r Z ® N M Ci u. � x � p V z u� U o� o � � U O � U O Q U � O cd O � H U ,sa O � U O � O L"r O O O a C� o Q 0 N � I-CY o o = a C� o Q 0 N � I-CY N N t� N a� O U N z �J M O O N N cd Q •� O C O �N U O U cd W V C U U O O G4 Ln N O cli" Cd "d U U N M- Cd �Q w U O 0 O Cd wl rA rA O o 0 0 0 A 00 d DC �h � II E~ N N O 00 Q U N � O � U a M • �+ ccS � � , O o 0 •� U c� cd cd O � O N O cli" Cd "d U U N M- Cd �Q w U O 0 O Cd wl rA rA O ORDINANCE NO. 1951 AN ORDINANCE APPROVING THE PURCHASE OF TAX LOT 142 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 TH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM COUNTRY TIRE, INC. FOR THE SUM OF $10,000.00 LESS CERTAIN EXPENDITURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Whereas, Tax Lot 142 in Section 12, Township 18 North, Range 11 East of the 6 th P.M., City of Blair, Washington County, Nebraska is that portion of 12 Street which was previously vacated by the City Council for the City of Blair, Nebraska and is currently owned by County Tire, Inc.; furthermore, that Country Tire, Inc. desires to voluntarily sell, transfer and convey unto the City of Blair, Nebraska a fifty foot (50') strip of said Tax Lot 142 for the sum of $10,000.00 less the cost and expense of construction of six inch (6 ") pavement from the back of the curb on the west side of the new 12 Street to existing paved parking lot located on Lot 21, Block 53, in the City of Blair, Nebraska. SECTION 2. That the Mayor is hereby authorized to execute and deliver a Purchase Agreement, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the purchase of the real estate from Country Tire, Inc. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th day of July, 2002. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR ATTEST: BRENDA R. TAYLOR, CiW Jerk (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 9th day of July, 2002. BR A R. TAYLOR, CITY qER PURCHASE AGREEMENT— Real Estate July 9, 2002 This Purchase Agreement made and entered into by and between Country Tire, Inc., a Nebraska Corporation 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 limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate. A fifty foot (50') tract of real estate out of Tax Lot 142, in Section 12, Township 18 North, Range 11, East of the 61h P.M., City of Blair, Washington County, Nebraska, the centerline of said 50' strip being the the centerline of Tax Lot 142, in Section 12, Township 18 North, Range 11, East of the 6 P.M., City of Blair, Washington County, Nebraska. A future survey will be performed which will establish the exact legal description of said 50' strip, the cost of said survey to be paid for by the City of Blair, Nebraska. 2. Purchase Price and Terms of Payment The purchase price paid to Seller for the aforesaid real and personal property being purchased by the Buyer is the difference between Thousand Dollars ($10,000.00) cash, less the cost of construction of six inch (6 ") concrete pavement from the back side of the curb on the west side of the new 12 Street to the existing paved parking lot along the building located on Lot 21, Block 53, in the City of Blair, Washington County, Nebraska; provided further, that said paved parking shall be of the same width as the existing paved parking on said Lot 21, Block 53, City of Blair, Washington County, Nebraska. It is the intention of the parties that the purchase price of the property is Ten Thousand Dollars ($10,000.00) but that the City of Blair, Nebraska will pay for said paving described above and deduct the cost thereof from the proceeds payable to Seller. 3. Closing Date The closing date for the transaction shall be on or before September 1, 2002. Closing shall occur at the office of John Samson, City Attorney for the City of Blair, Nebraska. The cost of escrow closing shall be equally divided between Buyer and Seller. 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. 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) General Real Estate Taxes Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2001 and all prior years shall be paid by Seller. Real estate taxes for 2002 shall be prorated to the date of possession. (Basis for the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 7. Possession Seller's tenant shall have exclusive possession of the property until date of closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been conveyed to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. Buyer shall assume all risk of loss from and after date of closing. 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 thisAgreement. 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. 12. 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. 4Hnd, RE, INC., Seller y Roge President ATTEST: CITY OF BLAIR, NEBRASKA, Buyer B M ichael A. Mines, Mayor ATTEST: L mjv / � City Clerk STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The fo= instrument was acknowledged before me on Ju ��� ! 7 2002, by HmJa.r The foregoin instrument was acknowledged before me on �u �l 2 2002, by /�1� r�ict� D ✓�4�n Q S AaG O L r Notary Pub it c GENERAL NOTARY -state of Netraska PEGGYJ.FRAHM My Comm. Exp. June 20, 2004 STATE OF NEBRASKA ) as: COUNTY OF WASHINGTON ) ORDINANCE NO. 1974 AN ORDINANCE AUTHORIZING THE CONVEYANCE AND EXCHANGE UNTO COUNTRY TIRES, INC., OF A CERTAIN PARCEL OF REAL ESTATE DESCRIBED AS: PART OF VACATED CHICAGO AND NORTHWESTERN RAILROAD COMPANY SPUR TRACT, PART OF VACATED 12 STREET IN THE CITY OF BLAIR, NEBRASKA AND LYING IN THE NE 1 / OF THE SW 1 / OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 TH PRINCIPAL MERIDAN, WASHINGTON COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 16, BLOCK 52, ORIGINAL TOWNSITE IN THE CITY OF BLAIR, NEBRASKA AND ASSUMING THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BLOCK 52 TO BEAR S90 °00'00" E; THENCE N 00 °02'58 "E ALONG THE WESTERLY LINE OF SAID LOT 16 A DISTANCE OF 89.69 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF THE NOW VACATED CHICAGO AND NORTHWESTERN RAILROAD COMPANY SPUR TRACKS AND THE POINT OF BEGINNING; THENCE N43 °36'10 "W ALONG SAID SOUTHWESTERLY RAILROAD RIGHT -OF -WAY LINE A DISTANCE OF 21.73 FEET TO A POINT 15.00 FEET WEST OF THE WESTERLY LINE OF SAID LOT 16; THENCE N00 °02'58 "E PARALLEL TO AND 15.00 FEET WEST OF SAID WESTERLY LINE A DISTANCE OF 34.51 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 16; THENCE S 89 0 58'52" E ALONG SAID WESTERLY PROJECTED LOT LINE A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 16; THENCE S00 °02'58 "W ALONG THE WESTERLY LINE OF SAID LOT 16 A DISTANCE OF 50.24 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES MORE OR LESS IN RETURN FOR CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE OWNED BY COUNTRY TIRE, INC.; PROVIDING FOR NOTICE OF SUCH SALE TO BE PUSBLISHED FOR THREE CONSECITOVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE COUNTRY TIRE, INC., AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT § 16 -202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska, and Country Tire, Inc. whereby the City agrees to convey and transfer the real estate described on Exhibit "A" hereto attached, in return for the transfer and conveyance to the City of the real estate described on Exhibit `B ". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16 -202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 8th day of April, 2003. CITY OF BLAIR, NEBRASKA By JAM REALPH, MA OR ATTEST: BRENDA R. TAYLOR, City Clerk (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNT ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council the City of Blair, Nebraska, held on the 8th day of April, 2003.E ' A R. TAYLOX CITY CLERK.