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2001 OCT 214 PM 2: 31
ORDINANCE NO. 2110 K A i i "; D S E N
N COUNTY
FEGI _� O
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE: WASHING':
� �. O 1 E CREEDS
AN ORDINANCE AUTHORIZING THE SALE OF OUTLOT D IN BARONAGE VALLEY, A
SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF $2000.00;
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, SCOTT L. AND TIFFANY A. HICKS, 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ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT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
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 Scott L. and
Tiffany A. Hicks, whereby the City agrees to sell the real estate described hereinabove for the sum
of $2000. 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repealed.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 24th day of April, 2007.
,f
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0X0 _
WASHINGTON COUNTY, I, S tATE OF NEBRASKA
RECORDED/% EST 3-1 M
BOOK 517 PAGES) 15 1 5
°.
REGISTER OF DEEDS
ATTEST:
7 � � fl. `r 1 L (.J�
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
X51
CITY OF BLAIR, NEBRASKA
J ME . E. REALPH, MAYOR
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 24th day of April, 2007.
751
BRENDA R. WHEELER, CITY CLERK
THIS AGREEMENT made this 24th day of April, 2007, by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Scott L. and Tiffany A.
Hicks, hereinafter referred to as "Buyers ".
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:
wit:
WITNESSETH:
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AGREEMENT FOR SALE OF REAL ESTATE
Outlot D, Baronage Valley, an addition to the City of Blair, Washington County, Nebraska
The said Buyers agrees to purchase said property on the following terms and conditions, to-
The purchase price therefore is agreed to be the sum of $2,000.00, 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 Buyers shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves a perpetual easement over and across all of
said Outlot D for water lines, sewer lines and any other municipal utilities required for said real
estate. The Buyers will not move and/or reconstruct any municipal utilities on said Outlot D. The
Buyers are not to till the earth to a depth greater than six (6) inches without prior written approval of
the City of Blair. Further, the Buyers will not be able to place any type of permanent structure and/or
apply for a building permit to construct any type of structure on or across said Outlot D unless said
Buyers, at their expense, obtain a survey from a Licensed Surveyor to determine exact location of
any such utilities on said Outlot D and receive written permission from the City of Blair Staff. The
Buyers shall be responsible for any sidewalk or other assessments which may be made and which are
attributable to the real estate.
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
752
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.
ATTEST:
ig /dile A.
BRENDA R. WHEELER, CITY CLERK
., 53
CITY OF BLAIR, NEBRASKA
C
J E E. REALPH, MAYOR.....
PURCHASERS:
753
By •
SCOTT L. HICKS
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this � day of A Y1 , , 2007, before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, 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.
K bLa) CUttiL-
NOTARY PUBLIC
GENERAL NO1ARY - State of N
KATHERINE D. LOUDN
My Conn Bp. June 17.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this3D day of i 9y\ \ , 2007, before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came Scott L. and Tiffany A.
Hicks, 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. I
- K kouLL LlUC�1, K_
NOTARY PUBLIC
KATHERINE D.
My Comm Exp. June 17, 201
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