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2006-217
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2006-217
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Last modified
8/19/2016 4:45:35 PM
Creation date
9/30/2015 9:49:10 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/13/2006
Control Number
2006-217
Agenda Item Number
11.I.7.
Entity Name
Ball Groves, LLC/Peggy Schwey
Subject
Purchase agreement for 3906 Oslo Road - Road Widening
Supplemental fields
SmeadsoftID
5691
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286 . 23 Real property conveyed to public agency; disclosure of beneficial interests; <br /> notice; exemptions . -- <br /> ( i ) Any person or entity holding real property in the form of a Partnership , limited partnership , <br /> corporation , trust, or any form of representative capacity whatsoever for others, except as <br /> otherwise provided In this section , shall , before entering into any contract whereby such real <br /> Property held in representative capacity is sold , leased , taken by eminent domain , or otherwise <br /> conveyed to the state or any local governmental unit, or an agency of either, make a public <br /> disclosure in writing , under oath and subject to the penalties prescribed for perjury, which shall <br /> state his or her name and address and the name and address of every person having a beneficial <br /> interest in the real property, however small or minimal . This written disclosure shall be made to <br /> the chief officer, or to his or her officially designated representative , of the state, local <br /> governmental unit, or agency of either, with which the transaction is made aL least 10 uays prior <br /> to the time of closing or, in the case of an eminent domain taking , within 48 hours after the time <br /> when the required sum is deposited in the registry of the court. Notice of the deposit shall be <br /> made to the person or entity by registered or certified mail before the 48- hour period begins . <br /> (2) The state or local governmental unit, or an agency of either, shall send written notice by <br /> registered mail to the person required to make disclosures under this section , prior to the time <br /> when such disclosures are required to be made, which written request shall also inform the person <br /> required to make such disclosure that such disclosure must be made under oath , subject to the <br /> penalties prescribed for perjury . <br /> ( 3 ) (a5 The beneficial interest in any entity registered with the Federal Securities Exchange <br /> Commission or registered pursuant to chapter 517 , whose interest is for sale to the general <br /> public, is hereby exempt from the provisions of this section . When disclosure of persons having <br /> beneficial interests in nonpublic entities is required , the entity or person shall not be required by <br /> the provisions of this section to disclose persons or entities 'holding less than 5 percent of the <br /> Ibeneficial interest in the disclosing entity . <br /> ( b) In the case of an eminent domain taking , any entity or person other than a public officer or <br /> public employee, holding real property in the form of a trust which was created more than 3 years <br /> prier to the deposit of the required cum in the registry of the court, is hereby exempt from the <br /> provisions of this section . However, in order to qualify for the exemption set forth in this section , <br /> the trustee of such trust shall be required to certify within 48 hours after such deposit, under <br /> penalty of perjury , that no public officer or public employee has any beneficial interest whatsoever <br /> in such trust. Disclosure of any changes in the trust instrument or of persons having beneficial <br /> interest in the trust shall be made if such changes occurred during the 3 year prior to the deposit <br /> of said sum in the registry of the court. <br /> ( 4) This section shall be liberally construed to accomplish the purpose of requiring the <br /> identification of the actual parties benefiting from any transaction with a governmental unit or <br /> agency involving the procurement cf the ownership or use of property by such governmental unit <br /> or agency . <br /> History . --ss . 11 1, 3 , 4 , 5 , ch . 74 - 174 ; s . 1 , ch . 77 - 174 ; s . 72 , ch . 86- 186 ; s . 71 ch . 91 -56 ; s. <br /> 212 , ch . 95 - 148 . <br /> 6 of 8 pgs . <br /> is (✓M,Al <br />
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