2333ORDINANCE NO. 23 3 3
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOTS 9, 24, 27 AND 28 IN SOUTHERN
RIDGE ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED
AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY
FOR THE SUM OF NINETY SIX THOUSAND DOLLARS ($96,000.00); 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, ERIKSEN
CONSTRUCTION CO., 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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 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 Eriksen Construction Co.,
Inc., whereby the City agrees to sell the real estate described hereinabove for the sum of ninety-
six thousand dollars ($96,000.00) 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repealed.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 23rd day of May, 2017.
CITY OF BLAIR, NEBRASKA
JN4&S E. REALPH, MAYOR
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 23rd day
of May, 2017.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this ILI day of May, 2017 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Eriksen Construction
Co., Inc., 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
Lots 9, 24, 27 and 28, Southern Ridge, 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 ninety six thousand dollars
($96,000.00), 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 2016 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.
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
ES E. REALPH, MAYOR
ATTEST:
'�6 4 t"3 "',
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 34 day of , 2017 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.
GENERAL NOTARY -State of Nebraska
II BRENDA R WHEELER NOTARY PUBLIC
My Comm. Exp. June 20, 2020
2
PURCHASER:
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this day of 2017 before me, the undersigned a Notary Public, duly
commissioned and qualified f in said county, personally came Eriksen Construction Co., Inc.,
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.
ebraska
LER
, 2020
P;20M
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NOTARY PUBLIC
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