2304ORDINANCE NO. 2304
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOT 3, SOUTH VIEW SUBDIVISION,
AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED
IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF
TWELVE THOUSAND DOLLARS ($12,000.00); PROVIDING FOR NOTICE OF SUCH
SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY
AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER
INTO A PURCHASE AGREEMENT WITH THE BUYER, 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REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE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
AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM.
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 Joel T. and
Ashely C. Bacon, whereby the City agrees to sell the real estate described hereinabove for the
sum of Twelve Thousand Dollars ($12,000.00) and pursuant to the terms and provisions of the
Purchase Agreements attached hereto and marked Exhibit "A".
SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska 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repealed.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 10th day of May, 2016.
CITY OF BLAIR, NEBRASKA
JAMtS E. REALPH, MAYO
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
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 Ordinance was duly
passed and approved at a regular meeting of the Mayor and City Council of said City held on the
10th day of May, 2016.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 10th day of May, 2016 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Joel T. and Ashley C.
Bacon, hereinafter referred to as "Buyer".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all
encumbrances, except easements and restrictions of record, the following described real estate,
to -wit:
LEGAL DESCRIPTION
Lot 3, South View Subdivision, Blair City, Washington County, Nebraska
The said Buyer agrees to purchase said property on the following terms and conditions,
to -wit:
The purchase price therefore is agreed to be the sum of Twelve Thousand Dollars
($12,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall
be on or before forty-five (45) days following the publication of an ordinance by the City of
Blair approving the sale herein.
It is understood and agreed by and between the parties hereto that Buyer shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves an easement over and across said property
to be sold for any and all utilities that exist on said real estate at time of sale.
Seller shall be responsible for payment of any real estate taxes assessed against the
premises for the 2015 tax year and prior. The Buyer shall be responsible for and shall pay any
and all taxes assessed against the premises including but not limited to any assessments made for
any year or partial year during which the City owned the premises, but which are levied as a
result of this transaction. The Seller shall not have any obligation or liability to provide a survey
of the premise.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance
to said Buyer. The cost of such title insurance will be paid by the Buyer.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the
premises "as is". The Buyer has made an inspection of the property and is familiar with the
condition thereof and is not relying upon any representations made with reference thereto by the
Seller except those set forth herein.
1
The Buyers shall be responsible for the construction of any sidewalk or other assessments
which may be made and which are attributable to the real estate.
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange of this property by Blair wherein such remonstrance would be
deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska,
the conveyance of the property by the City of Blair. In the event of such remonstrance, the
purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be
entitled to a refund of the purchase price.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
BY
E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this day of , 2016 before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of
the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed
to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and
deed.
WITNESS my hand and Notarial Seal the day and year last above written.
NOTARY PUBLIC
X
ERAL NOTARY - State of Nebraska
KATHERINE D LOUDNER
My comm. Exp. June 17, 2016
2
PURCHASER:
STATE OF NEBRASKA
:ss:
WASHINGTON COUNTY
.0
T. Bacon
BY
Ashley C. Pacon
On this day of 2016 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Joel T. & Ashley C. Bacon,
Buyer, to me known to be the identical person whose name is affixed to the foregoing agreement
and acknowledged the execution thereof to be his/her voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY - State of Nebraska
13RENDA R WHEELER
My Comm. Up. June 20, 2016
OTARY PUBLIC