2343ORDINANCE NO. 2343
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THAT PORTION OF TAX LOT 86
AND TAX LOT 215 LYING 50' EAST OF THE CENTER LINE OF MARINA DRIVE
IN SECTION 7, TOWNSHIP 18, RANGE 12 EAST OF THE 6TH PM, BLAIR,
WASHINGTON COUNTY, NEBRASKA, AS SURVEYED, PLATTED AND
RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY
FOR THE SUM OF NINE THOUSAND DOLLARS ($9,000.00); 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, KELLY RYAN EQUIPMENT CO., 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REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL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 Kelly
Ryan Equipment Co., whereby the City agrees to sell the real estate described hereinabove
for the sum of nine thousand dollars ($9,000.00) 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repealed.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 fiom and following
the passage and publication hereof as required by law.
Passed and approved this 14th day of November, 2017.
CITY OF BLAIR, NEBRASKA
Y
JAWS REALPff MAYOR
ATTEST:
BRENDA 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 14th day of November, 2017.
t I
BRENDAWHEELER, CITY CLE
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 14TH day of November, 2017, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and
Kelly Ryan Equipment Co., 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:
THAT PORTION OF TAX LOT 86 AND TAX LOT 215 LYING 50' EAST OF THE
CENTER LINE OF MARINA DRIVE IN SECTION 7, TOWNSHIP 18, RANGE 12
EAST OF THE 6TH PM, BLAIR, 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 nine thousand dollars
($9,000.00), 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 passage 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 not be responsible for payment of any real estate taxes assessed against
the premises. 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 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
JADES REALPH,'MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
SEAL
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
The foregoing instrument was acknowledged before me on ' `,r 1 L/ , 2017, by
James Realph, Mayor.
GENERAL NOTARY -State of Nebraska
II BRENDA R WHEELER
' � My Cornm. Exp June 20 2020
PURCHASER:
i
E
2
s �
KELLY'RYAN EQUIPMENT CO.
2
-
Notary Public
STATE OF NEBRASKA
): ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on November ('o , 2017,
by 'o it
i
GENERALNOTARY-State of Nebraska
ii BRENDA R WHEELER
My Comm. Exp. June 20, 2020 Notary Public
Ju
+ r s ]tow—
S - v'.w � .3 r'u ,•c. a � T I ;i 1. �. ,
904'u
RYAN
' J Ilii �_ 1 -•• � a.: �. ` `� � � ,
dl b
kill
2
', r -• �R i .r: _�'�:,, BC T.L. „2 _ • �Vr' �';