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2423ORDINANCE NO. 2423 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE EAST ONE-HALF OF OUTLOT F IN BARONAGE VALLEY, A SUBDIVISION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; 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, 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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 Robert W. Smith and Denise R. Smith, whereby the City agrees to sell the real estate described hereinabove for the sum of One Thousand Dollars ($1,000.00) 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 12th day of January 2021. CITY OF BLAIR, NEBRASKA C .. 0110.1110 611 a M. . ATTEST: w WHEELER, CITY ,7 0 'AQ � j o STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) BRENDA 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 12th day of January 2021. BRENDA WHEELER, CITY CLERK AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this 17— day of J Cl h(AA q4 , 2011 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Robert W. Smith and Denise R. Smith, husband and wife, 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: EAST ONE-HALF OF OUTLOT F IN BARONAGE VALLEY, A SUBDIVISION IN THE CITY OF 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 One Thousand Dollars ($1,000.00), 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 properly 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 RICHARD HANSEN, MAYOR ATTEST: '&L'�& 'M 'qA'62-� BRENDA WHEELER, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this -Wt day of 1.maft , 2011 before me, the undersigned a Notary Public, duly commissioned, and qualiAd for in said county, personally came Richard Hansen, 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. t RAI NG State of Nebraska ANGELEL 0. CHRISTENSEN My Comm. Exp. August 25, 2021 NO RY PUBLIC 2 PURCHASER: it Ro rt W. Smith BY Denise R. Smith STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this q 'o- day of S, L 0 , 20,-�L before me, the undersigned a Notary Public, duly commissioned and qualig ed for in said county, personally came Robert W. Smith and Denise R. Smith, husband and wife, 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. GENERAL NOTARY - State of Nebraska �I KAREN K. BOHL My Comm. Exp. June 25, 2022 NOTARY PUBLIC 1 AFFIDAVIT OF PUBLICATION State of Nebraska, County of Washington Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of the Pilot -Tribune , a legal weekly newspaper 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 3000 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 1 consecutive week(s) being the issues of. January 19, 2021 As 'e Publisher Signature Subsc abed in my presence, and sworn to before me this 19th day of January, 2021. r Notary Public =-:jFy1ARY - State of Nebraska NA GERKE . Exp. July 24, 2023 Printers Fee For Publishing This Notice $ 24.30 Preparation of Affidavit and Billing $ 0.00 Notary Fees $ 0.00 Copy $ 0.00 25% discount for minutes $ 0.00 TOTAL $ 24.30