2344ORDINANCE NO. 2344
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOT 2 AND PART OF LOT 1,
BLOCK 84, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON
COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF TEN
THOUSAND FIVE HUNDRED DOLLARS ($10,500.00); 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,
HUBER BUILDERS, LLC, 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ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING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 Huber
Builders, LLC, whereby the City agrees to sell the real estate described hereinabove for the
sum of ten thousand five hundred dollars ($10,500.00) 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repealed.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 14th day of November, 2017.
CITY OF BLAIR, NEBRASKA
AMES REALPH, MAYOR
ATTEST:
'r f',
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.
BRENDAWHEELER, CITY CLERK
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 Huber
Holdings, LLC, 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 2 and part of Lot 1, Block 84, Third Addition to the City of Blair, Washington
County, Nebraska and more particularly described as follows:
From an iron found at the Northwest Corner of Lot 3 in Block 84, Third Addition to the
City of Blair; thence S 89° 57'42" E (assumed bearing) along the Northerly Line of said Block
84 a distance of 60.01 feet to the Northwest Corner of Lot 2 in said Block 84 and the Point of
Beginning; thence continuing S 89° 57'42" E along said northerly lot line distance of 54.69 feet
to an iron found on the Westerly Right -of -Way Line of Tenth Street in said City of Blair as said
westerly right-of-way line was surveyed, platted and recorded at the Washington County
Recorder's Office in Book 455, pages 683-684; thence southerly along said surveyed, platted and
recorded right-of-way line as follows: along a 35.00 foot radius curve to the right an arc distance
of 14.64 feet, said curve having a chord bearing of S 64° 52'14" E and a chord distance of 14.53
feet; thence S 37° 45'58" E a distance of 18.26 feet to a point on a 35.00 foot radius curve to the
right; thence along said 35.00 foot radius curve an arc distance of 9.19 feet said curve having a
chord bearing of S 15° 07'41" E and chord distance of 9.16 feet; thence S 07° 41'35" E a
distance of 20.97 feet to an iron found; thence along a 122.00 foot radius curve to the left and are
distance of 41.37 feet said curve having a chord bearding of S 17° 16'57" E and a chord distance
of 41.17 feet to an iron found; thence S 26° 52'43" E a distance of 11.83 feet to an iron found,
said point lying on the Southerly Line of Lot 1 in said Block 84; thence departing said westerly
Tenth Street right-of-way line; N 89° 55'22" W along the Southerly Line of said Lots 1 and 2 a
distance of 102.05 feet to an iron found at the Southwest Corner of said Lot 2; thence N 00°
08'21" E along the Westerly Line of said Lot 2 a distance of 100.00 feet to the Point of
Beginning and containing 0.19 acres, more or less.
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 ten thousand five hundred dollars
($10,500.00), 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.
1
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
JAMIJS REALPH, MAYOR
2
ATTEST:
A""'4, 66 k" -a-,
'BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
The foregoing instrument was acknowledged before me on AI6 l 2-0 , 2017, by James
Realph, Mayor.
GENERAL NOTARY -State of Nebraska
II AR
BRENDA R WHEELER
My Comm. Exp. June 20, 2020
Notary Public
PURCHASER:
BE INGS, LLC
C rvi
p
STATE OF NEBRASKA )
): ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on November 20, 2017, by
Huber Holdings, LLC.
Je
GENERAL NOTARY -State of Nebraska 6��� AJL-51—�"
BRENDA R WHEELER Notary Public
��. My Comm. Exp. June 20, 2020
3
(P) Platted Distance
® 5/8" x24" Rebar With Plastic
Cap Stamped LS -382 Set (C) Computed Distance
Q Computed Corner (Not Set)
WASHINGTON STREET
— TENTH STREET DED«;r, i iON —
Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair,
Washington County, Nebraska
10th STREET DEDICATION:
Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair, Washington County, Nebraska and more particularly described
as follows:
From an iron found at the Northwest Comer of Block 84, Third Addition to the City of Blair, thence S 89°5742" E along the
northerly line of said Block 84 a distance of 294.76 feet to the Point of Beginning; thence continuing S 89°5742" E along said
northerly block line a distance of 65.36 feet to the Northeast Comer of said Block 84; thence S 00°02'57" W along the easterly
line of Lot 1 in said Bloc: 84 a distance of 100.08 feet to the Southeast Corner of said Lot 1; thence N 89°5624" W along the
southerly line of said 1-6t1 a distance of 18.12 feet; thence N 27°02'30' W a distance of 11.84 feet to a Point of Curvature;
thence along a 122.00 foot radius curve -to the right an arc distance of 41.38 feet to a Point of Tangency; thence N 07°3645" W
a distance of 21.00 feet to a Point of Curvature; thence along a 35.00 foot radius curve to the.left an arc distance of 9.18 feet to a
point on the southwesterly line of a 1179.27 square foot tract of land as deeded to the State of Nebraska Department of Roads and
as described in a deed flied in Deed Book 279, Pages 156-157, at the County Clerk's office at the Washington County Courthouse;
thence N 37°45`58" W along said southwesterly deeded line a distance of 1826 feet to a point on a 35.00 foot radius curve to
the left; thence departing said deeded line and along said 35.00 foot radius curve an arc distance of 14.64 feet, said curve having a
chord bearing of N 64°52'14" W and a chord distance of 14.53 feet, feet to the Point of Beginning, less that part previously
deeded to the State of Nebraska Department of Roads, as described in a deed filed in Deed Book 279, Pages 156-157 at the
County Clerk's office in the Washington County Courthouse, and containing 0.06 acres, more or less.
U.S. HWY. 30
457.08' Radius -35.00'
S 89°57'42" "Arc Distance -1464-
i Chord Bearing
360,12'.(C)Chord Dist
/JU f/wf �0 frces� 65.36'(C).
60.0'(P) 1 60.0'(P) 60.0'(P) I� 60.Oga) 45'5P)' bo.dtPj
�hlir 9 1,17827 Sq.R
294,76' N 37°45'58' W Deeded Tract
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!Radilrs-as:co•
i fvcDistance..9,19' c> i
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N 07'36'45" W r c
Radius -122,00' n6
i Arc Drstance - A � ,
a 0b` —11 180.3T(Pro.B C)
N 89'56'24" W_':�
260:3T
60.0'(P) 60.47(P) 60.0'(P)
64',5ZW W
17A2'(R 16.96' C
e -lass _i
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SURVEYOR'S CERTIFICATION:
I hereby certify that the survey shown and described hereon was made
under my direct supervision and that I am a duly Registered Land Surveyor
under the laws of the State of Nebraska. —
Richard L, Hansen
Registered Land Surveyor •",.•,•..
Registration No. LS -382 +cam`
Date; November 15, 2004=ti; RICHARD LEE
Client: City of Blair HAN5EN
Job No.: 04-135 30� •, 1-5-382
CITY COUNCIL APPROVAL:A1 fit RA5itk1
This Street Dedication as shown and described hereon
was approved and accepted by the City Council of the City
of Blair, Neb ska, on this' _ E day of
� A.D., 2004.
ATTEST:
• B1airCityClerk -, .%I j
B GLAIR )INN CO. NG 6
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050
100 Feet
LEGEND
SCALE:. 1 INCH = 50 FEET
Q 5/8' Rebar Found (M)
Measured Distance
❑ 5/8' Rebar With Plastic (R)
Record Distance
Cap Stamped LS -382 Found
(P) Platted Distance
® 5/8" x24" Rebar With Plastic
Cap Stamped LS -382 Set (C) Computed Distance
Q Computed Corner (Not Set)
WASHINGTON STREET
— TENTH STREET DED«;r, i iON —
Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair,
Washington County, Nebraska
10th STREET DEDICATION:
Part of Lots 1 and 2, Block 84, Third Addition to the City of Blair, Washington County, Nebraska and more particularly described
as follows:
From an iron found at the Northwest Comer of Block 84, Third Addition to the City of Blair, thence S 89°5742" E along the
northerly line of said Block 84 a distance of 294.76 feet to the Point of Beginning; thence continuing S 89°5742" E along said
northerly block line a distance of 65.36 feet to the Northeast Comer of said Block 84; thence S 00°02'57" W along the easterly
line of Lot 1 in said Bloc: 84 a distance of 100.08 feet to the Southeast Corner of said Lot 1; thence N 89°5624" W along the
southerly line of said 1-6t1 a distance of 18.12 feet; thence N 27°02'30' W a distance of 11.84 feet to a Point of Curvature;
thence along a 122.00 foot radius curve -to the right an arc distance of 41.38 feet to a Point of Tangency; thence N 07°3645" W
a distance of 21.00 feet to a Point of Curvature; thence along a 35.00 foot radius curve to the.left an arc distance of 9.18 feet to a
point on the southwesterly line of a 1179.27 square foot tract of land as deeded to the State of Nebraska Department of Roads and
as described in a deed flied in Deed Book 279, Pages 156-157, at the County Clerk's office at the Washington County Courthouse;
thence N 37°45`58" W along said southwesterly deeded line a distance of 1826 feet to a point on a 35.00 foot radius curve to
the left; thence departing said deeded line and along said 35.00 foot radius curve an arc distance of 14.64 feet, said curve having a
chord bearing of N 64°52'14" W and a chord distance of 14.53 feet, feet to the Point of Beginning, less that part previously
deeded to the State of Nebraska Department of Roads, as described in a deed filed in Deed Book 279, Pages 156-157 at the
County Clerk's office in the Washington County Courthouse, and containing 0.06 acres, more or less.
U.S. HWY. 30
457.08' Radius -35.00'
S 89°57'42" "Arc Distance -1464-
i Chord Bearing
360,12'.(C)Chord Dist
/JU f/wf �0 frces� 65.36'(C).
60.0'(P) 1 60.0'(P) 60.0'(P) I� 60.Oga) 45'5P)' bo.dtPj
�hlir 9 1,17827 Sq.R
294,76' N 37°45'58' W Deeded Tract
�l,E 5 t �182s' I
!Radilrs-as:co•
i fvcDistance..9,19' c> i
r I 5 i( 4 I 3 I 2 I 1 0��
N 07'36'45" W r c
Radius -122,00' n6
i Arc Drstance - A � ,
a 0b` —11 180.3T(Pro.B C)
N 89'56'24" W_':�
260:3T
60.0'(P) 60.47(P) 60.0'(P)
64',5ZW W
17A2'(R 16.96' C
e -lass _i
Y
80.Or7(C & P)
LIU
;r W�
�0 r`
N{m Carb
SACoc �M
EI2,4:6-'
qF
6
N 27'CZ30_W
11:'4' -
--80. %9(C&P) - q^
SURVEYOR'S CERTIFICATION:
I hereby certify that the survey shown and described hereon was made
under my direct supervision and that I am a duly Registered Land Surveyor
under the laws of the State of Nebraska. —
Richard L, Hansen
Registered Land Surveyor •",.•,•..
Registration No. LS -382 +cam`
Date; November 15, 2004=ti; RICHARD LEE
Client: City of Blair HAN5EN
Job No.: 04-135 30� •, 1-5-382
CITY COUNCIL APPROVAL:A1 fit RA5itk1
This Street Dedication as shown and described hereon
was approved and accepted by the City Council of the City
of Blair, Neb ska, on this' _ E day of
� A.D., 2004.
ATTEST:
• B1airCityClerk -, .%I j
B GLAIR )INN CO. NG 6
�' SMR r;NG1 CO. NG
S 9]e GW ST., I.O. U -10O
C Bwl. Nrq"aiRa. dQW0.01G0
r o t5u=) �ze.vyic