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2018-01-10 Hubers HoldingORDINANCE 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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 ($10,500.00) and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked Exhibit "A". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16-202, et.seq., including but not limited to notice of the sale and the terns thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30%) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 14th day of November, 2017. CITY OF BLAIR, NEBRASKA J k �AM$S REALPH, MAYOR �Ty ATTEST: 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. `7 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. 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 JAMES REALPH, MAYOR 2 ATTEST: Ae"A w BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) The foregoing instrument was acknowledged before me on �Veff%( 2-Q , 2017, by James Realph, Mayor. GENERAL NOTARY -State of Nebraska II BRENDA R WHEELER 4A — My Comm. Exp. June 20, 2020 Notary Public PURCHASER: STATE OF NEBRASKA ) ): ss: COUNTY OF WASHINGTON ) n PUBE L INGs, LcIf The foregoing instrument was acknowledged before me on November 20, 2017, by Huber Holdings, LLC. GENERAL NOTARY -State of Nebraska A?� II BRENDA R WHEELER Notary Public F My Comm. Exp. June 20, 2020 Brenda Wheeler From: Rodney Storm Sent: Tuesday, October 10, 2017 2:43 PM To: Brenda Wheeler Subject: FW: Washington Street parcel For next agenda. From: Huber Builders, LLC [mailto:huberbuilt@gmail.com] Sent: Monday, October 9, 2017 2:07 PM To: Rodney Storm <rstorm@blairnebraska.org> Subject: Washington Street parcel Wei We aren't 100% but are thinking on the lines of future office or retail space. We would like to offer $10,500 for the piece on the southwest corner of 10th & Washington. Thank you for your consideration. Kiley Huber Huber Builders, LLC 402.305.5353 For billing questions please call Kiley @ 402.738.0003 or 402.426.3301 This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately and delete all copies of this message. NEWSPAPER - 3 TIMES 11/21/2017 11/28/2017 12/5/2017 1PROOF NOTICE OF PROPOSED SALE The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on November 14, 2017, passed and approved Ordinance No. 2344 providing for the sale of the following described real estate: 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 are 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 above-described real estate is being sold to Huber Builders, LLC, pursuant to the terms and conditions of Ordinance 2344 and for the purchase price of Ten Thousand Five Hundred Dollars ($10,500.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 2344, a remonstrance is filed with the Blair City Clerk against such sale, signed by registered voters equal in number to thirty percent (30%) of the registered voters of the City voting at the last regular election. BRENDA R. WHEELER, CITY CLERK AFFIDAVIT OF PRINTER State of Nebraska, County of Washington Lynette Hansen, Being by me first duly sworn, deposes and says that she is the Sales Manager of THE PILOT -TRIBUNE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 3,500 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for 3 consecutive week(s) being the issues of. November 21, 2017 November 28, 2017 December 5, 2017 ales Manager Signature Subscribed in my presence, and sworn to before me This 5'h day of December, 2017. J„ 6( Notary Public GENERAL NOTARY • State of Nebraska �1 Tracy A. Prettyman My Comm, Exp, Sept. 10, 2021 Printers Fee For Publishing This Notice $ 94.34 Preparation of Affidavit and Billing $ Notary Fees $ Copy $ 25% discount for minutes $ TOTAL $ 94.34 CITY OF BLAIR, NEBRASKA Phone 402-426-4191 RECEIV OF: f -u I� ADDRESS �--� CITY PQTATE, ZIPCODE w� 1 9:122-0 000,1000 s;. 3`.._; 1 n; �3 aa- 10 it t 0 #02M •:� d�: •k•¢•Tt��T wit�__. IC HE a j} t C" 5i M a ij._i CH4-Hill o0, 3cd-o-, 0 p THANKYOU EP IS COP F R YOUR RECORDS. No46066 (L== REC IVEDBY Pounds Printing, Blair, NE 69008 N Real Estate Transfer Statement Good Life, Great Service. •TO be filed with the Register of Deeds. • Read instructions on reverse side. DEPARTMENT OF REVE14UE • If additional space is needed, add an attachment and identify the item. FORM 521 rno.taQa will not h,+ rpcnrdPri unlPcs this statPmpnt is sinned and items 1-25 are accurately completed. I 1 County Name 2 County Number Li Distribution LI Land Contract/Memo lJ Partition U Sheriff 3 Date of Sale/Transfer 4 Date of Deed ❑ Easement WASHINGTON - 89 ❑ Personal Rep. ❑Trust/Trustee 12 26 Mo. Day Yr. 2017 Mo. 12 Day 26 Yr. 2017 5 Grantor's Name, Address, and Telephone (Please Print) ❑✓ Quit Claim ❑ Warranty 6 Grantee's Name, Address, and Telephone (Please Print) 9 Was the property purchased as Grantor's Name (Seller) ❑ Foreclosure Grantee's Name (Buyer) ❑ Transfer on Death Citv of Blair, Nebraska E]exchange? ❑Auction Easement Huber Holdings, LLC ❑ Life Estate ✓❑ Sale Street or Other Mailing Address ❑ Yes ✓❑ No Street or Other Mailing Address ❑ Grantor Trust 218 S 16th St ❑ Other (Explain) 2010 Fieldcrest Dr City State Blair NE Zip Code 68008 Cit State Bair NE Zip Code 68008 Phone Number Phone Number Is the grantee a 501(c)(3) organization? Yes ✓ No 402 426-4191 402) 426-3499 If Yes, is the grantee a 509(a) foundation? LJ Yes ,/ No Email Address cityofblair@blairnebraska.org Email Address huberbuiltagmail.com 7 Property Classification Number. Check one box in categories A and B. Check C if property is also a mobile home. (A) Status (B) Property Type (C) ❑ Improved ❑ Single Family ❑ Industrial ❑ Mineral Interests-Nonproducing ❑State Assessed ❑ Mobile Home ZUnimproved [:]Multi -Family E] Agricultural ❑ Mineral Interests -Producing E:]Exempt [:]IOLL ZCommercial [:]Recreational 8 Type of Deed ❑ Conservator Li Distribution LI Land Contract/Memo lJ Partition U Sheriff L Uther ❑ Bill of Sale ❑ Corrective ❑ Easement ❑ Lease ❑ Personal Rep. ❑Trust/Trustee ❑ Cemetery ❑ Death Certificate —Transfer on Death ❑ Executor ❑ Mineral ❑✓ Quit Claim ❑ Warranty 9 Was the property purchased as 10 Type of Transfer ❑ Distribution ❑ Foreclosure ❑ Irrevocable Trust ❑ Revocable Trust ❑ Transfer on Death part of an IRS like -kind ge) (I.R.C. § 1031 Exchang Exchange) E]exchange? ❑Auction Easement ❑ Gift ❑ Life Estate ✓❑ Sale ❑ Trustee to Beneficiary ❑ Yes ✓❑ No ❑Court Decree ❑ Exchange ❑ Grantor Trust ❑ Partition ❑ Satisfaction of Contract ❑ Other (Explain) 11 Was ownership transferred in full? (if No, explain the division.) 12 Was real estate purchased for same use? (if No, state the intended use.) ✓❑ Yes ❑ No I W] Yes ❑ No 13 Was the transfer between relatives, or if to a trustee, are the trustor and beneficiary relatives? (If Yes, check the appropriate box.) ❑ Yes ✓❑No ❑ Aunt or Uncle to Niece or Nephew ❑ Family Corp., Partnership, or LLC ❑ Self ❑ Other ❑ Brothers and Sisters ❑ Grandparents and Grandchild ❑ Spouse ❑ Ex-spouse ❑ Parents and Child ❑ Step-parent and Step -child 14 What is the current market value of the real property? 15 Was the mortgage assumed? (If Yes, state the amount and interest rate.) [:1 Yes ❑ No $ % 16 Does this conveyance divide a current parcel of land? 17 Was transfer through a real estate agent or a title company? (If Yes, include the name ❑ Yes 0 No of the agent or title company contact.) ❑ Yes © No 18 Address of Property 19 Name and Address of Person to Whom the Tax Statement Should be Sent Huber Holdings, LLC 2010 Fieldcrest Dr 18a ✓❑ No address assigned 18b ❑✓ Vacant land Blair, NE 68008 20 Legal Description Lot 2 and part of Lot 1, Block 84, Third Addition to the City of Blair, Washington County, Nebraska. 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed .................................................. 23 Was non -real property included in the purchase? ❑ Yes ❑ No (if Yes, enter dollar amount and attach itemized list.) 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ........................................ 25 If this transfer is exempt from the documentary stamp tax, list the exemption number 10,500 Under penalties of law, I declare that I have examined this statement and that it is, to the best of my knowledge and belief, true, complete, and correct, and that I am duly authorized to sign this statement. City of Blair by Brenda Wheeler (402)426 ' -6694 Print or Type Name of Grantee or Authorized Representative Phone Numbr sign , (At" XJ /'00-0- �'fha._ City Clerk 12/26/2017 here PF Signature/of Gr ntee orAuthorized Vpresentative Title Date Register of Deed's Use Only For Dept Use Only 26 Date Deed Recorded Mo. Day Yr. 27 Value of Stamp or Exempt Number 28 Recording Data Nebraska Department of Revenue „umonzeu uy INeu. nev. olal. sy — ' 1 --1 Form No. 96-269-2006 9-2017 Rev. Supersedes 96-269-2006 Rev. 2-2016 Grantee—Retain a copy of this document for your records. WASHINGTON COUNTY, STATE OF NEBRASKA (n1i Q Recorded . General y�^� jam, INSTRU,'+.ENT NO. 20 i U " 0 10 7 Numerical 1 E t-�: " 'jrmgm.. 0. �rddAz1"j Photostat Proofed 2010 JAN 10 AM 11: 24 REGISTER OFDEEDS Scanned KAREt,J A. i-IADSEI\-' WASHINGTON COUNTY REGISTER OF DEEDF NEBRASKADOCUME%NTARY RI 41.9 tam STAMP TAXDate Q246&Ga4 10. ?-04 .� $ y C Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 16'h Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION DATE OF INSTRUMENT: December 26, 2017 61 BUD], THE Grantor, City of Blair, Nebraska, whether one or more, in consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, quitclaims and conveys to Luber Holdings, LLC, Grantee, whether one or more, the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: 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 Iine 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 3 5. 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 arc 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. Executed this 26h day of December, 2017, CITY OF BLAIR, NEBRASKA, GRANTOR J es ealph, Mayor STATE OF NEBRASKA ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the 26th day of December, 2017 by James E. Realph, Mayor for the City of Blair. GENERAL "u ,'-State of Nebraska q BRENDA R WHEE Comm. E. June LEVI20.2020 NOTARY PUBLIC STATE OF NEBRASKA, WAS1IINGTON COUNTY SS: _ 1 hereby certify this is a true copy of the record on ale in oa�s��ticrar�oG� 2�� O8 -00107 � O � D office �e ggek unt 1 Mo. 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