2332ORDINANCE NO. 2332
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING:
AN ORDINANCE APPROVING THE PURCHASE OF A PORTION OF TAX LOT 263 AND
216, AND THE ADJOINING ABANDONED RAILROAD RIGHT OF WAY, SECTION 12,
TOWNSHIP 18, RANGE 11 IN THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, FROM KEVIN AND MELISSA WEHRLI, HUSBAND AND WIFE, WHICH
EXACT PURCHASE AREA WILL BE DETERMINED BY A SURVEY PRIOR TO CLOSING
FOR PUROSE OF REMOVING THE OLD RAILROAD STRUCTURE ON SAID PROPERTY
TO HELP REDUCE THE FLOODWAY AND FLOOD PLAIN ALONG THE CREEK
COMMONLY REFERRED TO AS SOUTH CREEK OR NO NAME CREEK; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND
PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
SECTION 1. Whereas, Kevin and Melissa Wehrli, husband and wife, 452 S. 10th St.,
Blair, Nebraska, desires to voluntarily sell, transfer and convey unto the City of Blair, Nebraska a
portion of Tax Lot 263 and 216, and the adjoining abandoned Railroad Right of Way Section 12,
Township 18, Range 11 in the City of Blair, Washington County, Nebraska, which exact purchase
area will be determined by a survey prior to closing for purpose of removing the old railroad
structure on the said property to help reduce the floodway and flood plain along the creek
commonly referred to as South Creek or No Name Creek.
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
Kevin and Melissa Wehrli, husband and wife.
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repealed.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 25th day of April, 2017.
CITY OF BLAIR, NEBRASKA
t
By
JA REALPH, MAYOR
ATTEST:
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BRENDA WHEELER, City Clerk
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNT )
BRENDA WHEELER 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 25th day of April, 2017.
f
BRENDA WHEELER, CITY CLERK.
PURCHASE AGREEMENT— REAL ESTATE
April , 2017
This Purchase Agreement made and entered into by and between Kevin Wehrli, and
Melissa Wehrli, 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
limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally
described as follows:
(a) Description of Real Estate
Parcel ID # 890039914 from the north boundary of the existing City of Blair Sewer easement
south to the property line of # 890039914.
Parcel ID # 890019362 from the north boundary of the existing City of Blair Sewer easement
south to the property line of # 890019362.
All former railroad right of way property owned by the seller abutting the above parcels.
2. Purchase Price and Terns of Payment. The purchase price for the aforesaid real and
personal property being purchased by the Buyer is in the sum of twenty -thousand dollars
($20,000.00) per surveyed acre currently estimate at approximately 1.75+/- acres or an estimated
total purchase price of thirty-five thousand dollars ($35,000.00)+/-.
3. Closing Date. The closing date for the transaction shall be on or before May 12, 2017.
Closing shall occur at the office of the City Clerk for the City of Blair, Nebraska.
4 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 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 are due and payable
as provided in Paragraph 6 of this Purchase Agreement.
5. General Real Estate Taxes. Real estate taxes for 2016 and all prior years shall be
paid by Seller. Real estate taxes for 2017 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 owed, if any. The Seller shall
pay all real estate taxes, if any, owing for prior calendar years.
6. Possession. Seller 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.
7. 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.
8. 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.
9. 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.
10. Other Terms of Agreement.
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) This Agreement contains the entire understanding among the parties
and supersedes 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.
Al
By
Kevin Wehrli, Seller
By A
Melissa Wehrli, Seller
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iarkeRealph, or
ATTEST:
Brenda Wheeler, City Clerk
STATE OF NEBRASKA
): ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on April ;7 2017 by
Kevin Wehrli and Melissa Wehrili.
GENERAL NOTARY tateotNebraska
L
BRENDA R WHEELER
My Comm 0 , 0 0
My Comm. Exp, June 20, 2020 X . Exp. Jun Notary Public
STATE OF NEBRASKA
): ss:
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me on April'.7-' 2017 by James
Realph, Mayor.
GENERAL NOTARY -State of Nebraska
II e
BRENDA R WHEELER
—CMI - My Comm. Exp. June 20,20201 Notary Public