2007-08-28 Out Lot One in Pleasant ValleyORDINANCE NO. 2118
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF OUT LOT ONE IN PLEASANT VALLEY
SUBDIVISION, A SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF
$12116.00; PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE
CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE;
AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE
BUYERS, JAY AND SHAUNA GERKE, 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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 BYLAW.
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 Jay and Shauna
Gerlce, whereby the City agrees to sell the real estate described hereinabove for the sum of
$12,116.00 and pursuant to the terms and provisions of the Purchase Agreement 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repealed.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 28th day of August, 2007.
CITY OF BLAIR, NEBRASKA
B
AM S E. REALPH, MAYOR
ATTEST:
e~r (~
BRENDA R. 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 28th day of August, 2007.
~l.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 28th day of August, 2007, by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Jay and Shauna Gerke,
hereinafter referred to as "Buyers".
WITNES SETH:
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:
Out Lot 1, Pleasant Valley Subdivision, a subdivision to the City of Blair, Washington County,
Nebraska and further described as:
Part of Tax Lot SS lying in the NW 1/4 SE 1/4 of Section 14, Township 18 North, Range 11 East of the
6~` Principal Meridian, Washington County, Nebraska, and more particularly described as follows:
From the northeast corner of the NW 1/4 SE 1/a of Section 14, Township 18 North, Range 11
East; thence S 00°07' 16" E (assumed bearing) along the east line of said NW %4 SE 1/4 a distance of
534.14 feet to the southeast corner of Tax Lot 55 in said Section 14; thence S 89°59'47" W along the
south line of said Tax Lot 55 a distance of 564.15 feet to the Point of Beginning; thence continuing S
89°59' 47" W along said south line a distance of 50.31 feet to a point on the easterly right of way line
of US Highway No. 30; thence N 06°20'38" W along said easterly highway right of way line a
distance of 83.10 feet; thence S 86°37'55" E a distance of 16.82 feet to a point of curvature; thence
along a 125.00 foot radius curve to the left an arc distance of 33.55 feet; thence S 06°20'38" E a
distance of 84.65 feet to the Point of Beginning; said tract to be known as Out Lot One (1) in
Pleasant Valley Subdivision in the City of Blair, Nebraska.
The said Buyers agrees to purchase said property on the following terms and conditions, to-
wit:
The purchase price therefore is agreed to be the sum of $12,116.00, 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 Buyers shall receive
possession of the premises upon closing.
Seller shall not be responsible for payment of any real estate taxes assessed against the
premises. The Buyers 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 premises.
In the event of the Buyers requests, Seller shall provide to the Buyers a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance to
said Buyers. The cost of such title insurance shall be split equally between the parties.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as may be intended by the Buyers. The Buyers are purchasing the
premises "as is". The Buyers 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.
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 Buyers 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
ATTEST:
BRENDA R. WHEELER, CITY CLERK
By
B
S E. REALPH, MAYOR
PURCHASERS:
r
By
JA~',~i ~E
SHAUNA GERKE
STATE OF NEBRASKA )
:ss:
WASHINGTON COUNTY )
On this ~`~~ day of ~~~.~n b~ t' , 2007, before me, the undersigned aNotary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, Mayor ofthe
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.
•.•,•••, .,._ ,. My Comm. Exp. June 17, 20
~~~~ l~
NOTARY PUBLIC
STATE OF NEBRASKA )
:ss:
WASHINGTON COUNTY )
On this ~ day of E ~,p~~ii , 2007, before me, the undersigned aNotary
Public, duly commissioned and qualified for in said county, personally came Jay and Shauna Gerke,
Buyers, 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
~ HOLLY COOLEY AR P
• ••• - My Comm. Exp. June i 1, 2009