2346COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING:
AN ORDINANCE APPROVING THE PURCHASE OF TAX LOT 425 AND TAX LOT
643, SECTION 11, TOWNSHIP 18N, RANGE 11E IN THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA, FROM ANGELS SHARE, INC.;
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, Angels Share, 5060 Dodge Street, Suite 2001, Omaha, NE
68132, desires to voluntarily sell, transfer and convey unto the City of Blair, Nebraska Tax
Lot 425 and Tax Lot 643 in Section 11, Township 18, Range I I E in the City of Blair,
Washington County, Nebraska.
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 Angels Share.
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hereby repealed.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 January, 2018.
ATTEST:
BRENDA WHEELER, City Clerk
(SEAL)
CITY OF BLAIR, NEBRASKA
By
JAMS REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNT )
BRENDA R. 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 23rd day of January, 2018.
BRENDA WHEELER, CITY CLERK.
CONTRACT FOR SALE OF PROPERTY
THIS CONTRACT, made and entered into on this /! day of June,
2018) by and between, Angel Shares, Inc. , Address: 637 Forest Drive, Council
Bluffs, IA 51503 , hereinafter called the OWNER, and the City of Blair,
hereinafter called the CITY.
WITNESSETH In Consideration of the CITY paying the engineering cost
and the waiving of.all subdivision fees for the preliminary and final platting of
all tax lots and other properties donated to OWNER by Frank Krejci, that was
formerly part of the Dana College Campus, into a new subdivision of 3 or more
lots, to include the dedication of public streets and rights of way as agreed
between OWNER and CITY, the OWNER agrees to sell the new lot(s) created
containing the two (2) tax lots that contain the baseball and softball fields of
the former Dana College Campus, also known as Tax Lot 425 and Tax Lot 643,
Section 11, Township 18N, RANGE 11E to the CITY for a total cost engineering
cost of $22,000,00.
POSSIBILITY OF REVERTER
If, within the thirty (30) year period commencing on the filing date of this
Special Warranty Deed, CITY ceases to use the above-described real estate for
a period of two (2) years commencing with the last use of the real estate as any
combination of baseball fields, softball fields, soccer fields, and/or public
parks, the above-described real estate shall automatically revert to OWNER
1
upon payment by OWNER to CITY of an amount equal to the original platting
and engineering costs incurred by CITY in the sum of Twenty Two Thousand
Dollars and No Cents ($22,000.00) provided that such payment must be made
within the one (1) year period following CITY's cessation of such use, and
OWNER at the time of such payment shall be a lawful non-profit entity under
the laws of the State of Nebraska and shall be an organization described in
§501(c)(3) of the Internal Revenue Code of 1986, as amended. Upon the
reversion to OWNER, CITY's interest in the above-described real estate shall be
free and clear and not subject to any mortgage, deed of trust, or similar
document, and OWNER shall not have any obligations to the holders of such
mortgage, deed of trust or similar document; further, upon the reversion to
OWNER, CITY shall record a quitclaim deed confirming the reversion to
OWNER in the official real estate records of Washington County, Nebraska.
REMARKS
THIS IS A LEGAL AND BINDING CONTRACT—READ IT CAREFULLY
The representative of the CITY, in presenting this contract has given me a copy.
Each party has had ample opportunity to consult with their respective attorney
on this matter. A complete understanding and explanation has been given of
the terminology, phrases, and statements contained in this contract. It is
understood that no promises, verbal agreements or understanding, except as
set forth in this contract, will be honored by the CITY.
INDIVIDUAL ACKNOWLEDGEMENT
OWNER;
Ed Shad -a, o/b/o Angel Shares
STATE OF NEBRASKA )
bd'jq(0-16 ) ss,
COUNTY OF Wt A:s'IMG'i"--9N— )
Dated this day of —')LA .tn .moi _, 2018, before me, a General
Notary Public duly commissioned and qualified, personally came Ed Shada, o/b/o Angel
Shares, to me known to be the identical person(s) whose name(s) affixed to the foregoing
instrument as owner(s) and acknowledged the same to be a voluntary act and deed,
WITNESS my hand•and,Notarial Seal the day and year above written,
JULIE M. MELGOZA
R-� My Comm. Exp. October 8, 2019 Not Pub is
CITY;
BY.
a�d
s Realph, Ma3yor o `Blair
STATE OF NEBRASKA
) ss.
COUNTY OF WASHINGTON )
Dated this day of ;:Y�A 0 , 2018, before me, a General
Notary Public duly commissioned and qualified, personally came James Realph, Mayor of Blair,
to me known to be the identical person(s) whose name(s) affixed to the foregoing instrument as
owner(s) and acknowledged the same to be a voluntary act and deed,
WITNESS my hand and Notarial Seal the day and year above written,
[;LGENERAL NOTARY -State of Nebraska
BRENDARWHEELER
y Comm. Exp. June 20, 2020
't2A k)hj-4-.
Notary Public
3
NEBRASKA DOCUMENTARY
STAMP TAX
May 22, 2018
Exempt -2 By: CS
Upon Recording Return To:
Howard Fredrick Hahn
Kutak Rock LLP
1650 F arnam Street
Omaha, NE 68102
WASHINGTON COUNTY NEBRASKA
Filed for record on May 22, 2018 at 02:52 PM
Instrument No. 2018-01463
v lPages)
- ede&y aq1C't
Karen A. Madsen, Register of Deeds
SPECIAL WARRANTY DEED
Recorded
General
Numerical
Photostat
Proofed
Scanned
Angel's Share, Inc., a Nebraska non-profit corporation (" Grantor "), in consideration of
Ten Dollars ($10.00) and other good and valuable consideration received from the City of Blair, a
political subdivision of the State of Nebraska (" Grantee "), hereby conveys to Grantee, in fee
sim-ole determinable subiect to the possibility of reverter hereinafter mentioned , the following
described real estate (as defined in Neb. Rev. Stat. § 76-201) in Washington County, Nebraska:
TAX LOT 425 AND TAX LOT 643, SECTION 11, TOWNSHIP 18N, RANGE 11E.
If, within the thirty (30) year period commencing on the date of this Special Warranty
Deed, Grantee ceases to use the above-described real estate for a period of two (2) years
commencing with the last use of the real estate as any combination of baseball fields, softball
fields, soccer fields, and/or public parks, the above-described real estate shall automatically
revert to Grantor upon payment by Grantor to Grantee of an amount equal to the original platting
and engineering costs incurred by Grantee in the sum of Twenty Two Thousand Dollars and No
Cents ($22,000.00) provided that such payment must be made within the one (1) year period
following Grantee's cessation of such use, and Grantor at the time of such payment shall be a
lawful non-profit entity under the laws of the State of Nebraska and shall be an organization
described in §501(c)(3) of the Internal Revenue Code of 1986, as amended. Upon the reversion
to Grantor, Grantee's interest in the above-described real estate shall be free and clear and not
subject to any mortgage, deed of trust, or similar document, and Grantor shall not have any
obligations to the holders of such mortgage, deed of trust or similar document; further, upon the
reversion to Grantor, Grantee shall record a quitclaim deed confirming the reversion to Grantor in
the official real estate records of Washington County, Nebraska.
Grantor covenants with Grantee that Grantor:
4823-1691-2225.5
2018 -0 1 It 63
(1) is lawfully seized of such real estate and that it is free from encumbrances except
for all easements, covenants and restrictions of record;
(2) has legal power and lawful authority to convey the same; and
(3) warrants and will defend title to the real estate against the lawful claims of all
persons claiming the same or any part thereof by, through or under Grantor, but
not otherwise.
[Signature page follows]
4823-1691-2225.5
x,4,63
This Special Warranty Deed is executed this Aay of q
GRANTOR:
Angel's Share, Inc. , a Nebraska non-profit corporation
By:.
Name: r
Title: �� l� r f ca °
STATE OF NEBRASKA )
ss
COUNTY OF )
, 2018.
On this D� � day of tA q ,)i , 2018 before me, the undersigned Notary
Public, duly commissioned and qualified in and for said County, personally came
' C �� w l,r4c 1; of Angel's Share Inc., a Nebraska non-profit
L _ i i , as the � ,
corporation, to me known to be the identical person or persons whose name is or names are
affixed to the foregoing instrument and acknowledged the execution thereof to be his, her or their
voluntary act and deed.
Witness my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY -State of NebrasNa
AMBER R. ERNSTEary Public
R
Not
My Comm. Exp. Feb. 14, 2021
\My Commission Expires:
4823-1691-2225.5
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