2021-10-22 Lot 3 YMCA Wilsons Addition-Papio NRDDescription
FirstAmerican Title Insurance Company
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National Commercial Services
Total Consideration
4909 S 135th Street, Suite 207 • Omaha, NE 68137
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Office Phone:(402)697-4699 Office Fax:(877)483-0317
Funds Held 2021 Real Estate Taxes
Seller's Final Settlement Statement
File No:
NCS-1045515-OMHA
Escrow Officer:
Debra Saxton/ds
Settlement Date:
10/22/2021
Disbursement Date:
10/22/2021
Property:
Blair County, NE, Blair, NE 68008
Lot: 3
Buyer:
Papio-Missouri River NRD
8901 S. 154th St, Omaha, NE 68138
Seller:
City of Blair, Nebraska
218 S. 16th St, Blair, NE 68008
Description
Seller Charge Seller Credit
Consideration
Total Consideration
100,000.00
Funds Held
Funds Held 2021 Real Estate Taxes
1,526.60
Cash (X To) ( From) Seller 98,473.40
Totals
1100,000.00 1 100,000.00
SELLER(S):
City of Blair, Nebraska
By:
Name: Richard Hansen
Title: Mayor
Settlement Statement Page 1 of 1
Print Date: 10/20/2021, 11:45 AM
Brenda Wheeler
From: Rodney Storm
Sent: Wednesday, December 2, 2020 10:28 AM
To: Brenda Wheeler
Subject: purchase agreement
Brenda — I need a purchase agreement with the Papio Natural Resources District, 8901 South 154th Street, Omaha, NE
for the purchase of Lot 3 YMCA Wilson's Addition. Sale price is $100,000. 1 told them I would get it to them in the next
couple of weeks so they can take it to the board on January 14th and then assuming their board approves we will take it
to the Council on January 26th. You will need to double check the legal. I told them that based on that schedule we
would be able to close about the 11t of March.
Rod
Phase I Environmental Site Assessment Owner Questionnaire
PXXXXXXXXXX — Project Name
Please provide the name of the service provider, if applicable.
Electricity:
Telephone Service:
Potable Water: 07" 411
Natural Ga,
Sewage Disposal System:
List any know easements on site:
JI
V
This Questionnaire was completed by:
Name:
r"A
Title:
Company Name:
Address:
ez
Owned Since: ]Jli k,
Phone No.:
The owner or owners representative represents that to the best of their knowledge that the
above statements and facts are true and correct and to the best of the site occupant's
actual knowledge no material facts have been suppressed or misstated.
Signature,--/- Date
7
ASTM E 1527-13 Owner Questionnaire
Project Name:
E & A Project Number:
Site Name:
Site Address:
1. Are you aware of any environmental cleanup liens against the property that are filed
or recorded under federal, tribal, state or local law (40 CFR 312.25)?
YesNo If yes, please explain.
2. Are you aware of any activity and land use limitations (AULs), such as engineering
controls, land use restrictions or institutional controls that are in place at the site
and/or have been filed or recorded in a registry under federal, tribal, state or local law
(40 CFR 312.26)?
YesNo If yes, please explain.
3. Does the purchase price being paid for this property reasonably reflect the fair market
v lue of the property (40 CFR 312.29)?
.ZLYes No
If no, have you considered whether the lower purchase price is because contamination
is know or believed to be present at the property (40 CFR 312.29)?
_Yes No If yes, please explain.
4. Are you aware of commonly known or reasonably ascertainable information about
the property that would help the environmental professional to identify conditions
indicative of releases or threatened releases (40 CFR 312.30)? For example, as owner,
- Do you kngw the past uses of the property?
_Yes No If yes, please explain.
- Do you know of specific chemicals that are present or once were present
at the pr7,ey?
Yeso If yes, please explain.
- Do you know of spills or other chemical releases that have taken place at
the propert ?
_Yes No If yes, please explain.
- Do you know of environmental cleanups that have taken place at the
property?, /-
Yes No If yes, please explain.
Phase I Environmental Site Assessment Owner Questionnaire
PXXXX.XXX.XXX — Project Name
5. As the owner, based on your knowledge and experience related to the property are
there any obvious indicators that point to the presence or likely presence of
contamination at this property (40 CFR 312.31)?
_YesNo If yes, please explain.
6. As the owner, are you aware of any pending, threatened, or past litigation relevant to
hazardous 5ubstances or petroleum products in, on, or from the property?
_Yes f A No If yes, please explain.
7. As the owner, are you aware of any pending, threatened, or past administrative
proceedings relevant to hazardous substances or petroleum products in, on, or from
the property?
_Yes Z
No If yes, please explain.
8. As the owner, are you aware of any notices from any government entity regarding
any possible violation of environmental laws or possible liability relating to
hazardous waste or petroleum products?
_Yes No If yes, please explain.
2
Phase I Environmental Site Assessment Owner Questionnaire
PXXXX.XXX.XXX — Project Name
In addition to the specific questions outlined above, the owner is requested to provide the
following information and documentation, as available.
1. The complete and correct address of the property?
2. Any additional knowledge or experience with the property that may be pertinent to
the environmental professional?
Yes No'Prior Environmental Site Assessments Reports
Yes �Npinvironmental Compliance Audit Reports
Yes i No"`Geotechnical Studies
Yes deports regarding hydro geologic conditions on the property or
surrounding area
,
Yes ',.No,Registrations for above or underground storage tanks
Yes ( Nolotices or other correspondence from any government agency relating to
past or current violations of environmental laws with respect to the
property or relating to environmental liens encumbering the property.
Yes No`Registration for underground injection systems.
Yes (:::No,Lnvironmental permits/plans, solid waste permits, hazardous waste
disposal permits, wastewater permits, NPDES permits, underground
,,_,,-injection permits,
Yes wNo iVlaterial safety data sheets,
Yes No -Community right -to -know plan,
Yes No�Safety plans; preparedness and prevention plans; spill prevention,
countermeasure, and control plans (SPCC); etc,
Yes No azardous waste generator notices or reports,
Yes No Recorded activity and land use limitations (AULS),
�:.�.qj
Phase I Environmental Site Assessment Owner Questionnaire
PXXXXXXXXXX — Project Name
Question
Owner
Comments
1) Is the property or any adjoining
Yes
No
Unk
Z' 77
property used for an industrial use?
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2) To the best of your knowledge, has
Yes
No
Unk
the property or any adjoining
property been used for an
Industrial use in the past?
3) Is the property or any adjoining
Yes
No
Unk
property used as a gasoline station,
motor repair facility, commercial
printing facility, dry cleaners,
photo developing laboratory,
junkyard or landfill, or as a waste
treatment, storage, disposal,
processing or recycling facility?
4) To the best of your knowledge, has
Yes
No
Unk
the property or any adjoining
property been used as a gasoline
station, motor repair facility,
commercial printing facility, dry
XI:
cleaners, photo developing
laboratory, junkyard or landfill, or
as a waste treatment, storage,
disposal, processing or recycling
facility?
5) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
previously, any damaged or
discarded automotive or industrial
batteries, or pesticides, paints or
x
other chemicals in individual
containers of greater then 5 gal (19
L) in volume or 50 gal (190 L) in
the aggregate, stored on or used at
the property or at the facility?
6) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
previously, any industrial drums
(typically 55 gal (190 L)) or sacks
of chemicals located on the
property or at the facility?
7) Has fill dirt been brought onto the
Yes
No
Unk
property that originated from a
contaminated site or that is of
unknown origin?
Phase I Environmental Site Assessment Owner Questionnaire
PXXXX.XXX.XXX — Project Name
8) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
previously, any pits, ponds or
lagoons located on the property in
connection with waste treatment or
disposal?
9) Is there currently or to the best of
Yes
No
Unk
your knowledge has there been
previously, any stained soil on the
property?
10) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
previously, any registered or
unregistered storage tanks (above
located
° a
or underground) on the
property?
11) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
previously, any vent pipes, fill
pipes or access ways indicating a
fill pipe protruding from the
ground on the property or adjacent
to any structure located on the
property?
12) Are there currently or to the best of
Yes
No
Unk
your knowledge have there been
any leaks, spills, or staining by14
substances other than water, or foul
8
odors, associated with any
flooring, drains, walls, ceilings, or
exposed grounds on the property?
13) If the property is served by a
Yes
No
Unk
private well or non-public water
system, have contaminants been
identified in the well or system that
exceeds guidelines applicable to
`
the water system or has the well
been designated as contaminated
by any government
environmental/health agency?
14) Does the owner or occupant of the
Yes
No
Unk
property have any knowledge of
environmental liens or government
notifications relating to past or
y
recurrent violations of
environmental laws with respect to
the property or any facility located
on the property?
Phase I Environmental Site Assessment Owner Questionnaire
PXXXX.XXX.XXX — Project Name
15) Has the owner or occupant of the
Yes
No
Unk
property been informed of the past
or current existence of hazardous
substances or petroleum products
or environmental violations with
respect to the property or any
facility located on the property?
16) Does the owner or occupant of the
Yes
No
Unk
property have any knowledge of
any environmental site assessment
of the property or facility that
indicated the presence of
hazardous substances or petroleum
products on, or contamination of,
the property or recommended
further assessment of the property?
17) Does the owner or occupant of the
Yes
No
Unk
property know of any past,
threatened or pending lawsuits or
administrative proceedings`
concerning any release or
threatened release of any
hazardous substance or petroleum
products involving the property by
any owner or occupant of the
property?
18 p p Y g Does the ro ert discharge
Yes
No
Unk
c
wastewater (not including sanitary
wastes in the sanitary storm sewer
�`
) =` `
or storm water) onto or adjacent to
into the
the property and/or storm
;'
Z
water system or sanitary sewer
system?
19) To the best of your knowledge,
Yes
No
Unk
have any hazardous substances or
petroleum products, unidentified
waste materials, tires, automotive
or industrial batteries or any other
X
waste materials been dumped
above grade, buried and/or burned
on the property?
20) Is there a transformer, capacitor or
Yes
No
Unk
any hydraulic equipment for which
there are any records indicating the
presence of PCBs?
21) To the best of your knowledge is
Yes
No
Unk
the purchase price of the property
significantly less than the purchase
price of comparable properties?
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 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
3 consecutive week(s) being the issues of.
February 2, 2021
February 9, 2021
February 16, 2021
Wiles Manager Signature
Subscribed in my presence, and sworn to before me
this 16th day of February, 2021.
Notary Public
WEE]
NebraskaKE4, 2023
Printers Fee For Publishing This Notice $ 37.97
Preparation of Affidavit and Billing $ 0.00
Notary Fees $ 0.00
Copy $ 0.00
25% discount for minutes $
TOTAL $ 37.97
ORDINANCE NO. 2425
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOT 3, YMCA WILSONS
ADDITION, 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 Papio-Missouri River
Natural Resources District whereby the City agrees to sell the real estate described hereinabove
for the sum of One Hundred Thousand Dollar ($100,000.00) 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 26th day of January 2021.
CITY OF BLAIR, NEBRASKA
BY `
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
OF r3k
N TA
BRASKA )
��Areo 9g6 ) :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 26th day
of January 2021.
&V�
BRENDA WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this' day of January, 2021 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Papio-Missouri River
Natural Resources District, hereinafter referred to as "Buyer".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Special Warranty Deed in a form
reasonably acceptable to Buyer, free and clear of all encumbrances, except easements and
restrictions of record, the following described real estate, to -wit (the "Property"):
LEGAL DESCRIPTION
Lot 3, YMCA Wilson's Addition, 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 Hundred Thousand Dollars
($100,000.00), 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 the expiration of the Due Diligence Period (as
defined below), or on such other date as mutually agreed to by the parties.
It is understood and agreed by and between the parties hereto that Buyer shall receive
exclusive possession of the Property 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. Such reserved
easement shall be included in the Special Warranty Deed or by separate instrument mutually
acceptable to the parties that will be recorded prior to closing.
Buyer shall until 11:49 P.M. CST on the June 15, 2021 (such period, the "Due Diligence
Period") to make any due diligence investigations Buyer desires to perform and any inspections
regarding zoning, title, deed restrictions, environmental and physical condition of the Property,
hazardous materials, and applicable laws. Buyer may terminate this Agreement at any time during
the Due Diligence Period for any or no reason by providing written notice of termination to Seller.
The parties acknowledge and agree that each of the following shall be a condition precedent
to Buyer's obligation to close on its acquisition of the Property:
(1) The Property's title, physical and environmental condition, and legal
compliance are acceptable to Buyer.
(2) Buyer shall have received from all applicable authorities approvals and/or
certification(s) satisfactory to Buyer in its sole discretion that (A) Buyer can
HB: 4842-1586.5044.2
subdivide or combine the Property with the adjacent lot upon which Buyer's
existing structure is located, (B) the Property is zoned for Buyer's intended
use, and (C) no proceedings of any kind are pending or threatened to alter
or revoke such zoning. All costs incurred in connection with obtaining such
certifications shall be paid by Buyer. Seller shall use commercially
reasonable efforts to assist and support Buyer in obtaining such
certification(s), and if any rezoning, subdivision or lot combination is
required, Seller shall cooperate and support Buyer's effort to rezone,
subdivide or combine the Property with the adjacent lot owned by Buyer.
(3) Buyer shall have obtained all assurances necessary from the Seller and any
other governmental authorities having jurisdiction over the Property or uses
thereon with regard to the permits, variances and approvals necessary for
Buyer's construction activities on and the development and use of the
Property. All costs incurred in connection with obtaining such permits,
variances and approvals shall be paid by Buyer. Seller shall use all
commercially reasonable efforts to assist and support Buyer in obtaining all
such permits, variances and approvals.
(4) Buyer shall have obtained a Phase I environmental site assessment
certifying to Buyer that the Property is free and clear of all hazardous
materials and recognized environmental conditions.
(5) The Property shall have unrestricted access to and from the public streets,
highways, and alleys abutting the Property.
In the event that any of the above conditions have not been satisfied or waived in writing
by Buyer on or before the closing, then Buyer shall have the right to terminate this by
delivering written notice to that effect to Seller, in which event, without further action of
the parties, this Agreement shall become null and void and neither parry shall have any
further rights or obligations under this Agreement, except for those expressly surviving
termination.
The Buyer shall be responsible for the purchase price, surveys, closing costs, recording
fees, and any other costs, at the time of Closing.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said Property 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
Property nor their usability as may be intended by the Buyer. The Buyer is purchasing the Property
"as is". The Buyer is not relying upon any representations made with reference thereto by the
Seller except those set forth herein.
2
HB: 4842-1586-5044.2
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange of this property by Seller 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 entire
purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be
entitled to a refund of the purchase price.
In the event of any failure by a party to perform any term, covenant, agreement or
obligation of this Agreement to be observed or performed by that party, the other party shall so
notify the defaulting party of such failure, and the defaulting parry shall have ten days after receipt
of written notice of such failure to cure such failure. If the defaulting party fails to cure such failure
within said ten-day period, the defaulting party shall be in default hereunder.
If the Buyer is the defaulting party, Seller shall be entitled to terminate this Agreement by
written notice to Buyer, as Seller's sole and exclusive remedy by reason of a default by Buyer
under this Agreement, and Seller hereby waives and releases any right to sue Buyer, and hereby
covenants not to sue Buyer, for specific performance of this Agreement.
If Seller shall be the defaulting party, Buyer may, as Buyer's sole and exclusive remedies,
either (i) obtain specific performance of this Agreement against Seller, or (ii) terminate this
Agreement by written notice to Seller.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE
PAGES TO FOLLOW]
HB: 4842-1586-5044.2
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
ATTEST:
) :ss:
WASHINGTON COUNTY )
On this C- day of January, 2021 before me, the undersigned a Notary Public, duly
commissioned and qualified 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.
NOTARY PUBLI
ENERAL NOTARY -State of Nebraska
Jim!
SARAH BACKMAN
My Comm. Exp. April 10, 2021
4
HB: 4842-1586-5044.2
PURCHASER:
PAPI - SOURI RIVER
NA RAL]RESOURCES DISTRICT
, General Manager
ori River Natural Resources District
8901 S. 154th Street
Omaha, NE 68138
STATE OF NEBRASKA )
) :ss:
SARPY COUNTY )
On this k day , _, 20� before me, the undersigned a Notary Public, duly
commissioned and qualified ford said county, personally came John Winkler, General Manager
of the Papio-Missouri River Natural Resources District, to me known to be the identical person
whose name is affixed to the foregoing agreement and acknowledged the execution thereof on
behalf of said district.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY - State of Nebraska
MARTIN PAUL CLEVELAND
® My Comm. Exp. JuIY 31, 2024
HB: 4842-1586-5044.2
4i�� P4�J-
NOTARY PUBLIC